The Impact of DV Charges to an Individual

It is normal to have conflicts, misunderstandings, and disagreements among family members from time to time. However, things can get out of hand and when they do, they could escalate into domestic violence. Legally, domestic violence is defined as the violation of the rights of a person in a domestic set-up such as in a marriage or in a family o any co-habitation setting. These cases can involve physical injuries, rape, grave abuse, threats and even as much as murders and homicide. People who are charged in these cases might not know how to handle their situation. Some appeal to the sympathies of their accusers and others who can influence the ruling on their case. In cases that are quite sensational, the accused might also try to earn the sympathy of the public to somehow sway the outcome of the case. The best course of action of someone charged in such a case is actually to contact an attorney who can guide him through the entire legal process and help him get the least damaging ruling possible.

The Trouble with Domestic Violence

A domestic violence case has a life-changing impact on the one charged of committing the crime, especially if one is being wrongfully accused. The accused could suffer from mental and emotional distress. It is not unusual fo the court to issue a no contact order, so the accused will be separated from the family. If the case progresses and the Defendant is handed a guilty verdict, a jail sentence is possible. Life will be put on hold and it would likely be difficult to get back to one's old life. To give you an idea of what someone accused of committing a crime in a domestic setting charge could face, here are a few possible consequences:

1. Limited employment opportunities – there’s always a stigma attached to criminal charges. When you have a domestic violence conviction on your record, you might find it difficult to find an employer who will hire you in a snap. This is especially true if you wish to work in government, in health care facilities, or in institutions and businesses that deal with children and minors.
2. Inability to obtain some licenses and privileges – the government could bar your from practicing your profession or occupation by revoking your license as the case may be. You might also be prevented from operating a business or working in certain types of occupations.

In most cases, having such a charge on your record will prevent you from owning and handling guns and firearms.

3. Heavier financial burden – in a conviction for violence in a domestic case, you could be asked to pay damages to the aggrieved party, in the form of restitution.
4. For cases involving divorced or divorcing couples, the court can than a domestic violence case into consideration and that could affect post-divorce contact orders and visitation of children.

 

Easing the Impact of a Domestic Violence Charge

It is not easy to be charged with any crime and the impact of a domestic violence charge cannot be taken lightly. You face better prospects when you have an experience attorney working on your case. Contact Robert A. Dodell, Attorney At Law, for your domestic violence defense, an experienced attorney to help you navigate your domestic violence case.
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 Robert A Dodel, Attorney Offices
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321
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Teen Sex and the Romeo and Juliet Defense

There are times when teenagers make decisions that could have an impact on the rest of their lives. In such instances, parents would want to make sure that their children are not unnecessarily and unreasonably sanctioned by law or by any other means. One particular area of concern is consensual sex by teens. Sexual hormones are quite high and emotions are intense during the teenage years. When these are not kept in check, teens are bound to find themselves crossing the lines and, perhaps unknowingly, getting in trouble. The poor judgment could also be a result of the fact that the teenage brain is not yet fully developed. As a parent, you might then ask “Will my teenage child get arrested for having consensual sex in Arizona? How can the Romeo & Juliet Defense help?” In Arizona, the law is clear on age of consent. Failure to follow the provisions stated in the law will lead to unfortunate consequences. If your child is convicted, he will:

• Have a tarnished reputation,
• Have difficulty in finding employment in the future, and
• Risk imprisonment

Anybody who has sex with a minor faces the risk both of getting convicted of a sexual offense and having to register as a sex offender for all the rest of one's life.  

Age of Consent

In various US states, the law specifically states the age of consent. The term refers to the minimum age one must reach before he can legally consent to a romantic activity, such as sexual intercourse, oral sex, etc. In Arizona, that minimum age is 18. It is not entirely hopeless if you find that your child who is below the age of consent has had consensual sex with a partner who is likewise still a teenager. You can ask your lawyer if you can invoke the Romeo and Juliet defense.  

Arizona’s Romeo and Juliet Defense

Each state that implements the Romeo and Juliet defense has different legal provisions for the law. Arizona’s version states that the defense can be applied to a charge of sexual conduct with a minor if the victim is between 15 to 17 years old. The following additional requirements should be met:

• The commission of the sexual act is consensual.
• The defendant is below 19 years of age or is currently attending high school.
• and the age gap between the defendant and the victim is less than 24 months.

If your child is 18 years old and the other party is 15 years old, more than 24 months apart, the Arizona Romeo and Juliet defense does not apply. The Romeo and Juliet provision is usually the first recourse for those who find themselves in this predicament. Those who cannot be helped by this defense can make use of the Mistaken Identity Strategy. Depending on the circumstances of your teenager’s case, your lawyer may be able to argue a Mistaken Identity defense. This defense strategy is used in cases when it can be shown that the victim lied about his or her age. The defense can be strengthened further by showing the court that the defendant made attempts to know the true age of the accuser. If the defendant can show that he/she checked the victim's social media or some identification, or even contacted the victim’s friends to verify the victim’s age  

Legal Assistance for Your Romeo and Juliet

Robert A. Dodell, Attorney At Law, can help you protect your teen’s rights. Robert A. Dodell is a veteran lawyer who has handles both juvenile and adult criminal cases in Arizona. You can check out the reviews to see how satisfied his clients are with the legal services that they received. When your teenage child is facing any kind of legal trouble, you can expect that it is going to be a really difficult time for your child and the entire family. What you need is a legal professional who can assist your child. To learn more about sex crimes visit Robert A. Dodell Attorney At Law, for a free initial consultation.
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 Robert A Dodel, Attorney At Law
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321
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Adoption Attorney Vs An Adoption Agency

Do You Need The Assistance Of An Adoption Attorney Or An Adoption Agency?

Choosing between an agency and a private entity is a hard decision to make if you are thinking of adopting a child. A wise decision can only be made when you have enough information to make a proper analysis. Adopting a child is a life-changing experience for any family. Apart from ensuring that the adopted child feels comfortable and happy with his or her new family, there is also the matter of the legal paperwork to deal with. It is important to remember that adoption is a legal process. Without legal documentation, the adopted child cannot be considered by law as part of the adoptive family. There are prescribed steps when it comes to filing the necessary documents and going through court proceedings. It is easy for people to confuse an adoption attorney with an adoption agency. But, there are clear differences that you should know before you make the choice. They are not one and the same and one certainly has an advantage over the other.  

Adoption Agencies

These agencies provide services that match parents who want to adopt with children who need homes and families. If the adoptive parents are not adopting a child through State foster care or adopting an identified child, such as a relation or one born to a friend or acquaintance, then an adoption agency is likely the route to take. The range of services is extensive – from pre-counseling an expectant mother who wishes to give up her baby after childbirth to helping adopted children connect with their biological parents should they wish to do so when they reach adulthood.

Here’s what you can expect when you select an adoption agency:

• Counseling Support throughout the adoption process – adoption agencies are staffed with family counselors, psychologists, and social workers who can counsel birth parents, adoptive couples and their immediate family members, and children under their care. Counseling support services are often available right before matching a child to a family and extend to after the child has settled in with his adoptive parents and siblings.
• Biological Information about the child – the adoption agency keeps records of all biological information about the child, including his birth parents and his medical records. This information is often essential when it comes to serious illnesses and injuries. In some instances, the adopted child would also want to trace his roots and find out who his real parents are.
• Administrative Support in compiling and filing all necessary documents to make the adoption legal – parents who want to adopt their own child will have to be ready with a number of documents that indicate their capacity to raise a child. These include identification certifications, financial records, and other legal documents that pertain to previous changes in marital and family status.

  While it would seem like adoption agencies provide all the services that you could possibly need to adopt a child, the adoption agency process is extremely expensive and is best if the adoptive parents do not have a particular child in mind to adopt or do not go through the State foster care system. Those adoptions are not suited for an adoption agency.  

Strong, Seasoned Adoption Attorney

An experienced adoption attorney will do a variety of types of adoptions, including adoptions of children in foster care and independent adoptions, step-parent adoptions, and grandparent or relative adoptions. Adoption agencies have their place, but not when it comes to these adoptions.

Here’s what you can expect from an adoption attorney:

• Expert Legal Advice from start to finish – you do not have to ‘grope in the dark’ or scrounge around for answers to your questions when you already have an adoption attorney to consult with. You are less likely to be misinformed and consequently make the wrong decisions. These mistakes can set you back in terms of time and money.
• Timely Processing – there are legal steps that need to be taken in the right order. For instance, there needs to be a court ruling on the Termination of Parental Rights to emancipate the child so you can adopt him. There are also prescription periods that will have to be observed, such as the time period within which a child should be adopted from foster care, the grace period allowed for birth parents to appeal their case, the deadline for birth parents to revoke their consent to adopt.
• Better Understanding and Application of state adoption and child welfare laws – there are variations in adoption laws from one state to another. When you have an adoption attorney like Robert A. Dodell, Attorney At Law, you can be sure that every step that you take towards legally adopting a child will be the right one.

  In order to ensure that every step of the process is done properly and in a timely manner. Robert A. Dodell, Attorney At Law, is a skilled and seasoned adoption attorney. He can help you every step of the way and make the entire adoption process as smooth as possible despite the complications and challenges. Hiring an adoption lawyer can be an advantage to you in many ways. It is also the more cost-effective option. Since you are getting advice from a legal standpoint, you have a better chance of getting a favorable response from the court as well. You avoid the unnecessary stress of having to rectify mistakes or having to go through the entire process all over again because of a misstep. To find out more about how an adoption attorney can help you understand the legal procedure of adoption, connect with Robert A. Dodell, by sending him an email message or by calling him up at 480-860-4321 now for a free initial consultation. Robert A. Dodell, Attorney At Law 10601 N Hayden Rd, #I-103 Scottsdale, AZ 85260 (480) 860-4321 https://www.azcrimlaw.com/ https://goo.gl/maps/diwY4pu8X5m
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 Robert A Dodell, Defense Lawyer
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321
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What To Do When Charged With A Medical Marijuana Or Alcohol Related DUI

A DUI defense is not something you should work on by yourself. Many people are not sure about how they legally can take on a DUI charge whether it's for medical marijuana or alcohol. A DUI related to alcohol is something that can cause you serious issues. You can have your license suspended or revoked depending on how many times you've been convicted for this offense. There are fines and some people will even get jail time. It all depends on where you live and what kind of defense you build. If you are pulled over, always be respectful but find out what the best response is depending on where you live. You may want to contact a lawyer soon so you can ask them what they recommend. Even if it costs you a little to consult with them, it's worth it. Marijuana has been classified as a Schedule 1 drug which makes it as bad to get caught with as heroin or Ecstasy. No matter how many states legalize it, the fact is that the DEA still has it listed as one of the most dangerous drugs without any benefit to those that use it. This may not seem fair, but the fact is that it can lead you to problems if you are caught driving while you're high. Most drug prescriptions have warnings not to drive while taking the script because they can significantly impair your judgment and reaction time. Medical marijuana is of the same and can impact your ability to operate a motorized vehicle. Alcohol driving offenses require a different form of proof than drug offenses.  Alcohol offenses have blood and breath tests to determine just how much someone has drunk. With illegal marijuana, however, the State just needs to be in ones system to be an offense.  There is no quantification.  But with medical marijuana, it is legal to drive, so long as the marijuana does not impair the ability to drive. So, if you're in an accident and have to submit to a drug test, you can be charged with a DUI even if you have traces of marijuana in your system, even if you weren't high when driving! If you ever get charged with a DUI whether it's for alcohol or marijuana, it is best to contact a DUI lawyer like Robert a. Dodell, Attorney At Law. We deal in cases involving DUIs and other traffic law offenses and we can help establish a strong defense for this type of situation. Whatever you do, don't just go to court with a plan to tell them something you read online or that you think you know about the law. Chances are, you will incriminate yourself or run into other problems. Unless you deal with the law for a living, it makes little sense to risk your freedom just to save money! Being charged with a DUI can significantly alter your life in a negative way. The good news is that there are options for you no matter what happened. Charge Defense Services in Your Local Area: Felony Defense in Scottsdale Misdemeanor Defense in Scottdale Felony Defense in Tempe Misdemeanor Defense in Tempe

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Is A Hit And Run Considered A Felony In Arizona?

Yes, a hit and run accident that causes death or serious physical injury is considered a felony. The charges might vary depending on the circumstances of the accident. However, a hit and run accident is considered a class 2 felony where there is death or serious physical injury. If the defendant fled the scene of the crime but didn't cause the accident in the first place, he/she will be charged with a class 3 felony. On the other hand, a class 5 felony is charged if the hit and run doesn't cause serious physical injury or death. Note that, if you're involved in any vehicular accident with property damage., after which you flee the scene, you can be charged with class 3 misdemeanor. In addition to the criminal penalties such as jail or prison time and fines, the driver's license can be suspended or revoked.  

What To Do Once You're Involved In A Vehicular Accident

First, provide your full name, address and registration to the responding police officer or to the other driver. If the other driver requests to see your driver's license, you're supposed to do so. If the other driver gets serious injuries from the accident that requires first aid, you need to administer it and call for assistance. As mentioned above, failure to do any of these duties can, and often does, result in criminal sanctions. If you don't stop immediately after an accident, you should return to the scene as soon as possible. After a hit and run accident, you need to find a good legal team for your case. That way, you can explore possible defenses that will reduce your charges considerably.  

Choosing A Good Legal Team

You need to find an experienced attorney to handle your hit and run case, if you're involved in one that causes serious harm or death to any third parties. Here are a few things to consider when looking for a good attorney to handle your case.

• Exceptional Legal Education – Remember, simply because someone passed the bar exam doesn't mean that they have exceptional legal education. Therefore, look for a lawyer who attended an accredited law school among other certifications.
• Experience – You need to choose an attorney who has enough experience handling hit and run cases in Arizona. Consider issues such as the number of years he/she has been practicing law, the number of cases handled during those years and the number of cases resulting in overall dismissal of charges, plea bargain to a less offence or a not guilty verdict.
• Sufficient Resources – Find an attorney who can award sufficient time and resources to your cases. It's a known fact that most cases end up being lost because the attorneys are overworked or don't have enough time to investigate or defend your case accordingly.
• Communication Skills – Finally, you need someone with exceptional communication skills to take you through the case accordingly. That way, you're aware of your standings, the charges and your verdict. The attorney should be available at all times.

  The basic rule of any vehicular accident is one must never flee the scene.  Serious consequences can be  avoided. Contact Robert A. Dodell, Attorney At Law today for a free initial consultation.

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DUI Attorney - Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Boating Accidents DUI Defense Lawyer: What You Should Know

Recreational boating has been a popular leisure activity in the U.S. for years. Whether with powerboats or sailboats, over 87 million people enjoy recreational boating and other water sports activities such as fishing and water skiing every year. Because of these leisure activities, boat Driving Under the Influence is a recurring problem.  

Boating DUI

Unlike our highways, waterways do not have marked lanes, road signs and street lamps. Our boats do not use the same braking mechanism as cars do. Aside from the big difference in operating environment, like any motorized vehicle, the three main contributing factors of boating accident are the operator’s error, machine failure, and excessive speed. These factors, when combined with DUI, can lead to even worse accidents. Arizona is now ranking fifth in boating accidents and seventh for the most number of injuries. The most common occurring accident is collision with other vessels and Influence of alcohol accounts for 1/3 of all recorded fatalities.  

Arizona’s Action

During the summer, expect Arizona local officials and other law enforcement agencies to set up DUI checkpoints to make sure of the safety on waterways. Local officials are peace officers with licenses having the same authority as the police to stop, investigate, and arrest criminal acts. This is their way of keeping the boaters vigilant of the law and to protect others from unsafe boaters.  

Arizona’s Boating DUI Laws- Overview

While it has similarities with DUI laws, Arizona has passed several revisions to the boating DUI bill. According to A.R.S. 5-395, it is illegal for anyone to use or be in control of a motorized vessel under any of these circumstances:

1. The person is impaired to the slightest degree by the influence of alcohol, drug, or any substance.
2. The person’s alcohol concentration is 0.08 or more within 2 hours of operating a motorized vessel whether the alcohol is consumed before or while in the vessel.
3. The person is under the influence of any drug provided in section 12-3401 of the law.
4. The person’s alcohol concentration is 0.04 or more while operating a commercial motorized vessel.

 

Arizona’s Charges and Penalties - Overview

If arrested, the penalties and charges suspects might face in Arizona vary depending on the degree of the offense. According to A.R.S. 5-395.01:

First Offense

1. The person is charged guilty of class 1 misdemeanor.
2. The person serves at least 10 consecutive days in jail.
3. The person pays fines totaling to at least $ 1250.
4. The person may be subjected to community service by the judge’s decision.
5. The person needs to attend the alcohol and drug screening and complete the treatment program.

It is possible for 9 days of the jail sentence to be suspended with the proper court order provided that the person completes the alcohol and drug screening and the treatment program, so long as the offense did not recklessly endangered another person with a substantial risk of physical injury.  

Second Offense within 7 years

1. The person is charged guilty of class 1 misdemeanor.
2. The person serves at least 90 days in jail with 30 consecutive days out of these. Home Detention may be possible in lieu of some of the jail time.
3. The person pays fines totaling to at least $ 3000.
4. The person is subjected to 30 hours of community service.

It is possible for 30 days of jail sentence to be suspended with the proper court order provided that the person completes the alcohol and drug screening and the treatment program, so long as the offense did not recklessly endangered another person with a substantial risk of physical injury. Also see managing multiple offenses  

Boating DUI Defense

Boating DUI requires someone who has the expertise in defending this type of case. It is possible to drop all the charges right away given the right circumstances if the situation is dealt quickly. There are cases where suspects can appeal for an Illegal search that violates the Fourth Amendment. Declining Field sobriety tests is possible if the situation can clearly go against the suspects’ favor like performing in wet and unstable surfaces on the boat. An experienced lawyer can also help defendants when faced with outdated and not properly calibrated breath test devices. Lawyers can help the victims defend their rights relating to race, religion, gender, sexual preference or age when there is no reasonable suspicion present.   Consulting an experienced lawyer will help defendants deal with their case quickly and properly. The right lawyer can even make the charges and penalties lower or be dropped completely. Robert A. Dodell is an experienced criminal and DUI lawyer practicing law for over 30 years.  

Boating Accidents DUI Defense Lawyer: What You Should Know was originally published on http://azcrimlaw.com/blog/ Boating Accidents DUI Defense Lawyer: What You Should Know first appeared on:

DUI Attorney - Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Arizona’s Mitigating Circumstances Law

A person who is convicted of a felony usually has mitigating circumstances that a court should consider when imposing a sentence. The mitigating circumstances are found at A.R.S. § 13-701(E)(1)-(6):

1. The age of the defendant.

2. The defendant's capacity to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution.

3. The defendant was under unusual or substantial duress, although not to a degree that would constitute a defense to prosecution.

4. The degree of the defendant's participation in the crime was minor, although not so minor as to constitute a defense to prosecution.

5. During or immediately following the commission of the offense, the defendant complied with all duties imposed under sections 28-661, 28-662 and 28-663.

6. Any other factor that is relevant to the defendant's character or background or to the nature or circumstances of the crime and that the court finds to be mitigating. Found on https://www.azleg.gov/ars/13/00701.htm

The Arizona Supreme Court defined ‘duress” in mitigating circumstance (3) as “any illegal imprisonment, or legal imprisonment used for an illegal purpose, or threats of bodily or other harm, or other means amounting to or tending to coerce the will of another, and actually inducing him to do an act contrary to his free will.” Originally found on AzCourts.gov See State v. Herrera, 174 Ariz. 387, 400 (1993). In Herrera, the Court found mitigating circumstance (6) when the defendant fatally shot the deputy because his father ordered him to do it.

Mltigating circumstance (6) is a catchall that a person can use when the previous 5 circumstances don’t apply. A person’s lack of a criminal record falls under this circumstance according to State v. Thurlow, 148 Ariz. 16, 20 (1986). Other potential mitigating circumstances are a person’s traumatic childhood, dysfunctional family, personality disorder, poor physical health, strong family support, employment, rehabilitation, cooperation, and/or remorse. Mitigating circumstances are important because a court shall take into account the amount of aggravating circumstances and whether the amount of mitigating circumstances is sufficiently substantial to justify a sentence lower than the presumptive sentence according to A.R.S. § 13-701(F). A court shall impose an aggravated sentence (greater than the presumptive sentence) if the trier of fact finds aggravating circumstances and the court does not find any mitigating circumstances. In other words, the presence of mitigating circumstances allows the court to impose a lower-than-average sentence while their absence requires a higher-than-average sentence. Arizona law on mitigating circumstances is complicated. You need an experienced defense attorney to fight for you. Attorney Robert Dodell, Attorney At Law has over three decades of experience. Call him today for a free initial consultation.

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DUI Attorney - Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

https://goo.gl/maps/diwY4pu8X5m