Monday, May 18, 2020

Arizona Age Of Consent: Some Important Facts

There are multiple elements in law that have an effect on the outcome of cases. One of the major factors always considered is the age of the people involved in the case. One of the most classic applications of age in legal matters is the age of consent. This has placed countless individuals in Arizona and beyond into legal trouble, both justified and otherwise. Given its sensitivity, it’s appropriate that we further discuss the age of consent in the state of Arizona and what it means for those who are facing cases where age affects what they can be charged with and even whether their actions were a violation of the law. Police Misconduct The age of consent is defined as the minimum age when a person is considered old enough to participate legally in any sexual activity. Age of consent differs from state to state. In Arizona, the age of consent is set at 18 years old. This means that a person who is 17 years old or below is not considered legally able to consent to sexual activity. This is because they are not yet considered an adult. Even if the person involved consented to the sexual act, if they are 17 years old or below, their partner can be implicated in a crime if they engage in any sexual act with them. Interestingly, these statutory offences make any sexual conduct a crime if one is not at least 18 years of age.  This is actually relatively common in the practice of criminal law. This is due to multiple factors and it doesn’t necessarily involve adults with sexually predatory behaviors. As long as one of the parties involved is below the age of consent, their partner could potentially be charged with a sex crime, especially if their parent or legal guardian takes issue with the action. It is a relatively common occurrence for a number of reasons. First, both men and women under the age of consent may be involved in sexual acts, willingly or otherwise. Also, sexual experimentation and promiscuity are high in America, even at a young age. Those who can file charges for a sex crime include the minor himself/herself and their parents/guardians. Regardless of the reason for such charges, the consequences for the accused can be severe: it can even be filed as a felony charge, depending on factors such as the age of the child (the lower the age below the age of consent, and the wider the age difference, the harsher the penalties are), the presence of exploitation, coercion, and/or harassment, and involvement with other criminal acts (pornography, prostitution). Potential charges can increase further depending on these factors. The committing of a sex crime that involves minors, is heavily condemned worldwide for good reason. However, it must be recognized that not everyone who is charged with such a crime is rightfully indicted. A lot of these cases are filed as an act of retaliation, either by parents who do not agree with their child entering a relationship at a young age or someone who wants to get revenge on an ex. Because of the severe punishments involved in sexual acts committed under the age of consent, legal intervention is necessary to settle such cases fairly. Both the accuser (the person under the age of consent and/or their representatives) and the defendant (the person accused of being involved in sexual acts with a person under the age of consent) have the right to proper legal representation in such cases. That means getting the right criminal attorney to represent them in the process of resolving such cases. If you are dealing with a case involving the Arizona age of consent, the best thing you can do is to ask for legal advice. Get legal assistance here at Robert A. Dodell, Attorney At Law. A lawyer for more than 30 years, my practice focuses on criminal law. I can provide legal assistance in Scottsdale, Tempe and Mesa. for those who are either pushing a case on violation of the age of consent, or those who are being charged in such cases and feel that they are being wrongfully accused. Visit my office, call me, or visit my website to know more about my services or to set up an appointment. I am ready to help you out with this and other cases where the help of a criminal lawyer is needed. If you want to know more about the services of Robert A. Dodell, or set up an appointment, you can visit my office at 10601 N Hayden Rd, #I-103, Scottsdale, AZ. You can also call me at (480) 860-4321 or send an email to Robert@AZcrimlaw.com.  

Arizona Age Of Consent: Some Important Facts Read more on: Law Offices of Robert Dodell Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Monday, May 11, 2020

Can I Get a DUI If I Am Not Driving?

Driving under the influence, also known as DUI, is a criminal offence that cuts across all parts of society. Driving under the influence of alcohol or illegal substances is a bad idea in any part of the globe, mainly because of the potential of causing harm or death to yourself and others. This is especially so in Arizona, a state boasting arguably the toughest DUI laws in the United States. One of the most common questions I receive is if it is possible to get a DUI when you aren’t driving. In this article, I will try to answer this question and provide other handy info on the state’s DUI laws. The short answer to this question is “Yes”, you can still get a DUI offence even when you are not driving. This is made possible by the clause in DUI law known as “actual physical control”. This part of the law states that, if you are in actual physical control of a vehicle, even when you are NOT driving it, you can be charged with, and possibly convicted for, a DUI. Whether the person is in “actual physical control” or is driving, Arizona’s severe penalties are the same.  It is still a major inconvenience that has affected many people based on our experience in handling these cases. So how does “actual physical control” come into play? Actual physical control can be invoked when your car is running, regardless of which seat you are in at the time of the apprehension. You can also be considered to have physical control of the vehicle even when the engine is turned off. If the car keys are slotted in the ignition (even when the car is not running) and/or you are sitting at the driver’s seat, you can be charged with a DUI as well. Also, being at the driver’s seat and having possession of the keys (ex.: in your pocket) can also be grounds to suggest you had physical control of a motor vehicle. There are other situations surrounding your arrest that can further increase your chance of being given a DUI charge, even when you are not driving. If your car is parked at an inappropriate spot, like in the middle of the road, you are more likely than not going to be assumed to have parked it while inebriated. If your car is obstructing someone’s private property or your presence is preventing another car from moving, you’re more likely to be flagged for a DUI. The worst thing is getting involved in an accident, even when your car is not moving. You cannot be charged with a DUI if you do not have alcohol or other illicit substances in your system. A DUI in Arizona is filed if you are in actual physical control or in the operation of a motor vehicle and (1) impaired to the slightest degree by alcohol or drugs, (2) have a  blood alcohol concentration is measured at .08% BAC and above, or (3) have any illicit drugs in your system. So, how can you avoid incurring a DUI offence? Make sure to not drive with alcohol or drugs in your system. For everything else, it would be best to know your rights as a defendant. You can be indicted with a DUI if you are in possession of a motor vehicle and intoxicated. However, it must be ascertained first that you are indeed driving or in actual physical control of the vehicle and that you are acting inappropriately on the road. So, there you have it. Even if the terms may sound counter-intuitive, it is indeed possible that you can be charged with a DUI when you are not driving. If you are dealing with a DUI case and/or have been implicated in one, then you need legal help to protect your rights and keep your criminal record clean. The help of a criminal lawyer will prove valuable in such situations. You can get the legal help you need right here at Robert A. Dodell, Attorney At Law. With over 30 years of experience in criminal law, Attorney Dodell knows how to defend DUI cases in Tempe. If you want to know more about the services of Robert A. Dodell or you want to set up an appointment, you can visit the office at 10601 N Hayden Rd, #I-103, Scottsdale, AZ. You can also call me at (480) 860-4321 or send an email to Robert@AZcrimlaw.com.

Can I Get a DUI If I Am Not Driving? was originally published on write up on the Robert Dodell Blog Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Saturday, May 9, 2020

Domestic Violence Charges Defense in Mesa AZ

Domestic violence charges should always be taken very seriously. Arizona laws are very aggressive about domestic violence charges, and the penalties associated with these charges are severe. The State has the authority to charge and prosecute a person for domestic violence even if the alleged victim does not wish to pursue the case. Robert A. Dodell, Attorney at Law, provides criminal defense representation for anyone who has been charged with or is under investigation for a domestic violence crime. I understand that being convicted of this serious charge could change your life. I make sure that your rights are protected, and your side of the case is heard.

Domestic Violence Crimes Cases We Have Defended

There are many crimes that could be charged as domestic violence. The crime is the underlying charge; domestic violence is a qualifies that crime. Domestic violence is almost any criminal act of abuse committed by one “family or household member” against another. The crimes are not all violent in nature. Examples of such crimes include:
  • Assault
  • Assault with a deadly weapon
  • Trespass
  • Disorderly Conduct
  • Threatening or Intimidating
  • Endangerment
  • Violation of Restraining Orders
  • Harassment
  • Sexual assault
  • Abuse of a child or vulnerable adult
  • Unlawful restraint, unlawful imprisonment, or kidnapping
  • Stalking and
  • Manslaughter
  • Homicide
The penalties increase when the crime is one of domestic violence.. Make sure to protect your rights and seek legal representation.

Penalties for Domestic Violence Conviction

If you’re convicted of domestic violence as a first-time offender without any additional charges, you can expect the following penalties:

Misdemeanor Convictions:

  • Class 3 - Up to 30 days in jail and/or a fine up to $500
  • Class 2 - Up to four months in jail and/or a fine up to $750
  • Class 1 - Up to six months in jail and/or a fine up to $2,500

Felony Convictions

  • Class 6 - Prison term ranging from four months to 2 years, with a presumptive term of imprisonment for one year
  • Class 5 - Prison term ranging from six months to 2.5 years, with a presumptive term of imprisonment for 1.5 years
  • Class 4 - Prison term ranging from one year to 3.75 years, with a presumptive term of imprisonment for 2.5 years
  • Class 3 - Prison term ranging from 2 years to 8.75 years with a presumptive term of imprisonment for 3.5 years
  • Class 2 - Prison term from 3 years to 12.5 years, with a presumptive term of imprisonment for five years
If multiple charges or additional charges have been levied against you, you can expect more severe penalties.. If you have been previously convicted of any felony, you can expect an even substantially greater penalty as allowed by law..

Consequences of a DV Case Conviction

A domestic violence conviction will have many personal consequences outside of court penalties. If you are convicted of this charge, you may also face:
  • Limited visitation with your children
  • Loss of your rights for gun ownership
  • Notification of the conviction to professional licensing boards
  • If convicted of a felony, you may need to disclose this information on job and rental applications
A conviction of domestic violence will also place strain on personal relationships with friends and family, cause problems at your place of employment, and impact chances for job growth.

Why You Should Hire Robert A. Dodell, Attorney at Law

Attorney Robert A. Dodell understands the seriousness of facing a domestic violence charge. I understand that a conviction will affect all areas of your life and that having good legal representation will make a difference in the outcome of your case. My law firm is compassionate and understanding. I am not here to pass judgment. I am here to protect your rights and help you build a solid case for your defense. I am here to make sure that your side of the story is heard and that your evidence is examined. I am here to protect your Constitutional right to a fair trial. My law firm will investigate your case thoroughly and help you build a good defense for the charges against you. I will:
  • Review the arrest record and the events leading to the arrest
  • Interview witnesses
  • Review all evidence against you
  • Review all evidence in your favor
  • Aggressively represent your case in court
There is no reason that you should ever face the court alone with such serious charges. Contact Robert A. Dodell, Attorney at Law, for quality criminal legal representation.  

Domestic Violence Charges Defense in Mesa AZ is republished from Robert Dodell Law Offices Domestic Violence Charges Defense in Mesa AZ first appeared on:

Robert A. Dodell, Attorney at Law - Serving Scottsdale, Tempe & Mesa, AZ

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Criminal Charges Defense in Mesa AZ

It’s difficult to find an accurate word that can describe the emotions that you feel when you are forced into handcuffs and taken away by the police. Fear, confusion, chaos, all of these thoughts and feelings are going through your head. You may even feel despair because you are not sure where to turn for help. I understand these feelings, and I am here to help. Robert A. Dodell, Attorney at Law, has dedicated his law practice to providing legal representation to those accused of crimes. As a criminal defense attorney, I understand that this is a very trying time in your life, and I will treat you with the respect and compassion you need. It is my job to listen to your side of the story and gather the evidence and information necessary to represent you in your case. I will use all the resources available to represent you in your case. Previous clients have reported being very happy with the outcome of their cases. If you have been accused or charged with a crime, do not delay. Contact Robert A. Dodell, Attorney at Law, for a case evaluation.

Common Types of Criminal Cases We Defend

My law office is equipped to handle any type of criminal charge. It has been our experience, however, that the most common types of criminal charges that our law firm sees are:
  • DUI – Regular, Aggravated, and Multiple Offense
  • Assault, Aggravated Assault, Assault and Battery
  • Domestic Violence
  • Theft – Including Shoplifting
  • Property Crimes
  • Vehicular Crimes
  • Drug Charges
  • Sexual Offenses
My law firm has the ability to represent a client charged with any crime, not just those included in the list above.

Misdemeanor vs. Felony Charges

Criminal activity is categorized as either a misdemeanor or a felony. The difference between the two types of crimes usually depends on the seriousness of the crime in question and the potential penalty. Misdemeanors are typically heard in a city or justice court. A misdemeanor crime carries the maximum of six months in the local jail. Felonies are much more serious and the sentence could include prison in the Arizona Department of Corrections. Felony offenses are heard in the County Superior Court. If you are unsure what type of crime you are being charged with, consult with a knowledgeable attorney, like Robert A. Dodell, so that you understand the charges and potential penalties that could be leveled against you.

Penalties and Fines for Criminal Cases

Every criminal charge has a different set of penalties and fines that can be imposed if a person is convicted. Additionally, if multiple charges have been brought against a person, or if they are a repeat offender, the penalties will be more severe. The court will use a guideline for sentencing. However, this is not a guarantee of what will be imposed in your case.

Potential Criminal Charge Penalties

  • Court-mandated therapy for drugs, alcohol, or anger management
  • Fines
  • Restitution
  • Community Service
  • Probation
  • Loss of Driving Privileges
  • The requirement to use Ignition Interlock Device
  • County Jail Time
  • Prison Sentence
The court has the right to impose one or more of the penalties on a person depending on the facts of their case.

Potential jail time for misdemeanors and felonies by class are:

Misdemeanor Convictions

• Class 1 – Up to 6 months in county jail • Class 2 – Up to 3 months in county jail • Class 3 – Up to 30 days in county jail

Felony Convictions

• Class 1 – Up to life in prison or the death sentence • Class 2 – Up to 12.5 years • Class 3 – Up to 8.75 years • Class 4 – Up to 3.75 years • Class 5 – Up to 2.5 years • Class 6 – Up to 2 years

Juvenile Criminal Representation

If you are the parent or guardian of a juvenile that has been accused of a crime, you are encouraged to seek legal representation from a law firm that understands the juvenile court system. My law firm understands that juvenile cases must be handled with care. I know that this is a traumatic experience for the child or teen and I will work with them in a compassionate and caring manner. I will also work closely with the child and family to get them a positive outcome for their case. Nearly all juvenile cases are handled in juvenile court, a separate court system. My law firm has the necessary experience in managing cases in this court system as well as representing minors who are being charged as adults.

Why Hire The Criminal Defense Attorney Robert A. Dodell?

Attorney Robert A. Dodell has dedicated his law practice to helping those facing the uncertainty of criminal charges. Robert A. Dodell, Attorney at Law, is committed to protecting the rights of those who have been accused of any crime. My law office has successfully represented clients who have been charged with a variety of criminal and juvenile acts. I understand the law, and I understand how to build a defense case. If you are facing any type of criminal charge, from a basic misdemeanor to a Class 1 felony, you are encouraged to schedule a consultation with Robert A. Dodell, Attorney at Law. Quality criminal defense representation can make a significant difference in the outcome of your case.  

Criminal Charges Defense in Mesa AZ was originally published to AZ Crim Law – Robert Dodell Criminal Charges Defense in Mesa AZ first appeared on:

Robert A. Dodell, Attorney at Law - Serving Scottsdale, Tempe & Mesa, AZ

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

DUI Charges & Cases Defense in Mesa, AZ

If you have been arrested for driving under the influence (DUI) or driving while intoxicated (DWI), you may face severe penalties if convicted. A charge of DUI should always be taken seriously, and you should certainly seek legal representation. Arizona has stringent DUI laws, and the city and county attorneys for the State of Arizona are very dedicated to prosecuting these cases to the fullest extent. If you have been charged with a DUI, you face hefty fines and jail time. A conviction of a DUI may also lead to issues at work and the possible requirement to purchase SR22 insurance on your vehicle in the future.

Affordable and Aggressive DUI & DWI Lawyer

Driving Under the Influence and Driving While Intoxicated are two terms used for essentially the  same criminal charge. The police and the court systems often use these terms interchangeably, with Driving Under the Influence (DUI) being the most commonly used term. DUI or DWI can apply to driving under the influence of alcohol or drugs, whether those drugs are prescription, over the counter or illegal.

What is a Misdemeanor vs. Felony DUI in Mesa Arizona?

The state of Arizona has categorized their DUI charges as either misdemeanors or felonies to help the courts determine the penalties associated with the conviction. The state has also subcategorized these categories to include different levels of intoxication: regular, extreme, and super extreme. The facts of your arrest will determine what type and level you will be charged with when you go to court. The main differences between a misdemeanor and a felony is the severity of the penalties. A misdemeanor sentence that requires jail time will most likely be spent in the city or county jail,  while a felony jail sentence may be much longer and required to be served in a prison.

What are the Misdemeanor DUI Penalties and Fines?

Anyone who is arrested for a DUI with a blood-alcohol level (BAC) of .15% or less, if it is their first, and possibly second, arrest for this offense will be charged with a misdemeanor DUI. Arizona law requires that any first offense conviction of misdemeanor DUI requires at least ten days in jail. However, nine days can be suspended if the person successfully completes a mandatory alcohol screening and classes.. A fine and fees of approximately $1,600 will be imposed on the person convicted, not including the cost of jail, the Ignition Interlock Device or increased automobile insurance premiums.

What are the Extreme DUI Penalties and Fines?

An Extreme DUI is one where a person who was arrested had a BAC level of .151 to .199%. Arizona law mandates, on a first offense, a 30-day jail sentence with the potential to suspend 21 days of that sentence if the person installs the Ignition Interlock Device into their vehicle for at least one year.  Of the remaining jail time, 80% of the time may be eligible for home detention or the Continuous Alcohol Monitoring Program.  The law requires successful completion of a mandatory alcohol screening and classes.. A fine and fees of approximately $2800 will be imposed on the person convicted, not including the cost of jail, the ignition interlock device or increased automobile insurance premiums.

What are the Super Extreme DUI Penalties and Fines?

Any DUI arrest that has a BAC of .20% or higher is considered a super extreme DUI. With a first offense, there is a mandatory jail sentence of 45 days with 31 days eligible for suspension if the person installs the Ignition Interlock Device into their vehicle for at least one year.   Of the remaining jail time, 80% of the time may be eligible for home detention or the Continuous Alcohol Monitoring Program.  The law requires successful completion of a mandatory alcohol screening and classes.. A fine and fees of approximately $3200 will be imposed on the person convicted, not including the cost of jail, the ignition interlock device or increased automobile insurance premiums. It should be understood that these are just the minimum penalties. If there was an accident or any other aggravating factors, the court could impose stricter penalties..If you have a second offense DUI within 72 months, the penalties increase substantially.  

What are the Felony DUI Penalties and Fines?

A felony DUI is officially charged as an Aggravated DUI or Aggravated DWI. You will only be charged with aggravated DUI if: • This is your third arrest in a 72-month period for DUI • You were driving under the influence when you were supposed to have an Ignition Interlock Device in place • You were driving with a suspended or revoked license • You had a person age 15 or under in the vehicle at the time of your arrest (“Child in Car”} All felony DUI convictions require a prison sentence, except for the Felony DUI with a Child in Car.  If it is your first conviction, you will spend a minimum of 4 months in prison with a maximum of up to 3.75 years in prison, with supervised probation for up to 10 years..  The fine is approximately $4,700 and your driver’s privileges will be revoked for a period of one year.  You will also be required to use an Ignition Interlock Device for two years.. If it is your second or third felony conviction, you can expect substantial more prison time and fines with each conviction.

Why Hire Attorney Robert A. Dodell as Your Defense Attorney

Any time that you face a DUI or DWI charge, you should have quality legal representation. A conviction, even for a misdemeanor, can change everything about your life. You will face jail or prison time, large fines, and many other associated expenses.  These expenses will not just be the ones imposed by the Mesa court. If you are convicted of any level of DUI, you may have to carry SR22 insurance. This is an expensive policy that will be required because of the conviction. You will also face additional personal expenses such as transportation costs while your driving privileges are revoked. To arrive at the best possible outcome for your DUI arrest, work with Robert A. Dodell, Attorney at Law.  I have helped many people successfully fight their DUI arrests and arrive at the best outcome for their case.  

DUI Charges & Cases Defense in Mesa, AZ Find more on: Law Offices of Robert Dodell DUI Charges & Cases Defense in Mesa, AZ first appeared on:

Robert A. Dodell, Attorney at Law - Serving Scottsdale, Tempe & Mesa, AZ

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m