Understanding Your Rights if Stopped by the Police

Being subject to stoppage by the police can be a confusing and nerve-wracking experience. That said, impacted motorists are afforded specific rights. Failure to adhere to such regulations could leave offending law enforcement agencies subject to punishment or appreciably harm their case against the driver in question.

DUI Checkpoints

The Specific Rights Afforded Arizona Motorists

During a traffic stop, Arizona state citizens hold these rights:-

The Right To Remain Silent

Many attorneys cannot stress this point enough. Motorists are not obligated to discuss anything with the police, especially if they are arrested. In many instances, speaking openly provides the police ammunition said agency can use against the individual in question as any legal proceedings progress. In fact, following arrest, Arizona law enforcement agency officials are required to stop asking the alleged perpetrator questions if they declare that they do not wish to make any statements and they wish to consult with an attorney.

The Right to Know the Stop was Warranted

Police are not permitted to stop motorists haphazardly. Said officials must have a legitimate reason or some probable cause to suspect that the motorist in question engaged in some type of dangerous or criminal activity. For example, violations such as speeding, driving too slowly, or driving erratically suggest probable cause. However, sometimes drivers do not understand why they were pulled over. Under such circumstances, the subject in question must comply but is permitted to ask the reason the officer made such a request. The driver will, however, be required to offer their driver’s license, registration, and proof of insurance documentation.

 The Right to Refuse Having the Vehicle Searched

Additionally, police must have probable cause to search a vehicle. For example, if said representatives detect an odor of marijuana or notice drug paraphernalia lingering around the vehicle, they have probable cause to think illicit substances might be hidden somewhere inside the automobile. That said, if no such evidence exists, the motorist can respectfully refuse a request to have their vehicles searched.

The Right to Refuse to Perform Field Sobriety Tests

Motorists stopped on suspicion of driving under the influence can refuse to submit to field sobriety tests. That said, Arizona adheres to a legal principle known as implied consent, meaning that a motorist is expected to submit to such tests. It should be noted that the failure to perform said actions will result in license suspension for a year. Moreover, law enforcement officials can and likely will use the driver’s refusal as evidence against them in a criminal proceeding.

The Right to Record The Encounter

There is no law prohibiting a stopped motorist from recording their encounter with the investigating law enforcement agency.

Contacting A Criminal Lawyer

Any motorist believing these rights were infringed upon are urged to contact a competent criminal defense attorney such as Gary L. Rohlwing. and his team can review the information surrounding the case and, if facts support a prospective client’s claims, take all appropriate legal and civil actions. Violation of these basic rights could render charges against the motorist useless or leave the police establishment in question civilly liable for infringing on a citizen’s rights.

To learn more about the firm, please visit https://www.criminal-duiattorney.com/.

The blog post Understanding Your Rights if Stopped by the Police was originally published on Gary Rohlwing Law Offices



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/dui-defense/underage-drinking-and-driving/understanding-your-rights-if-stopped-by-the-police/

Does Arizona Punish Speeding as a Criminal Violation?

Many motorists have been stopped by a law enforcement official for speeding. However, few realize said traffic offense might be considered a criminal violation. A top Arizona criminal lawyer cautions the state’s drivers to understand this fact and familiarize themselves with associated regulations.

Civil Speeding

In Arizona, motorists are expected to maintain safe speeds. Typically, this means keeping up with traffic while obeying safety regulations and respecting underlying circumstances like the weather conditions. State traffic laws establish speed limits based on the prima facie, or presumed limits principle. These regulations stipulate that law enforcement officials can ticket a motorist for traveling 15 miles per hour over the established limit when approaching school crossings, 25 miles per hour in excess of posted limits in commercial and residential districts, and over 65 miles per hour everywhere else.

The severity of the punishment for a civil speeding offense hinges on several factors, such as the specific county said offense was noted in, just how fast the motorist was moving, and if said actions precipitated an accident. Typically, civil infractions result in fines ranging from $150 to $500.

Criminal Speeding

However, more a more serious, criminal violation is titled criminal speeding. This offense is categorized as a Class Three misdemeanor. Motorists are subject to criminal speeding charges if they are found to exceed 85 miles per hour on any street, thoroughfare, or highway, exceeding a posted limit by more than 20 miles per hour, or when traveling at speeds greater than 35 miles per hour when nearing a school crossing.

Penalties for Criminal Speeding

Criminal speeding is no joke. Penalties can be stiff and might even include appreciable jail time. The specific punishment will depend on the act’s severity, the motorist’s driving record including any prior history of criminal speeding, and certain other notable events. If handed the harshest penalties, the subject in question could receive as much as $500 in fines and 30 days in jail. However, other untoward and potentially costly occurrences could result as well.

If the motorist was apprehended following the traffic stop, there is a distinct possibility said subject will have to pay to reacquire their car from the location to which it was towed. Additionally, criminal speeding convictions result in license points accumulation. Each offense costs the perpetrator three points. Should a driver accumulate 13 or more points in one year, the state could suspend their driving privileges. Criminal speeding could also exercise a significantly negative impact upon insurance rates. Providers are less likely to ensure or charge exorbitantly hiked premiums to motorists holding such dubious driving records.

The Impact of An Experienced Criminal Defense Attorney

Individuals facing criminal speeding charges are strongly urged to consult with a reputable and experienced defense lawyer. Said legal professionals can review a motorist’s case and might be able to help said subject get their charges reduced to a civil speeding offense, receive less harsh penalties and fines, or possibly even have the charges thrown out altogether.

Contacting Us

Arizona drivers dealing with criminal speeding charges are implored to contact the Law Offices of Gary L. Rohlwing. Rohlwing holds extensive experience handling such cases and an impressive record of helping clients yield more favorable outcomes. Additional information about his firm and the services he provides can be found by accessing https://www.criminal-duiattorney.com/.

Does Arizona Punish Speeding as a Criminal Violation? See more on: Gary Rohlwing Law



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/dui-defense/reckless-driving/does-arizona-punish-speeding-as-a-criminal-violation/

Challenging Witness Credibility in a DUI Case

When someone is arrested for a DUI, that does not mean they are sure to be convicted. They still must be proven guilty. Prosecutors will work hard to build a case to convince a judge the person is guilty. If this doesn’t work, the case against a person charged with a DUI may be dropped. With the right DUI attorney defending them, a person has a much better chance of getting their case dismissed or penalties reduced.

Possible Ways Credibility Can Be Challenged

Eyewitness Testimony

A DUI lawyer will review all aspects of a case. They may determine that there is evidence they can challenge, which includes eyewitness testimony. Some may believe what a person says under oath is irrefutable but there are always ways that eyewitness testimony can be challenged.

Defect in Recollection

It is possible to illustrate that a witness can’t recall details of the event. When this is successful, it damages the credibility of the witness. This will show how a person’s memory can change with the passage of time. It may be possible to show how the witness is actually confusing one incident with another similar one.

Subjective Findings

It’s also possible for someone to correctly remember an incident and still not understand what they witnessed. A person could state they saw a driver talking on a phone as they were driving. The reality could be the driver was simply pushing their hair behind their ear. It could have still looked to the witness as if the driver was holding a phone. They may say a car was black when it was really blue. The appearance may have appeared different because of the lighting during the incident.

Impeachment

Case-specific impeachment is a way to impeach a witness. This can occur when it is established that a witness has a financial benefit from some aspect of the case or its outcome. It could involve an expert being paid for their testimony and promises from a prosecutor of being used in more similar cases. A person could have an agreement with the court to eliminate their penalties in another case for their testimony, and more.

Motivation

Not all the witnesses to a DUI are uninvolved bystanders. Some individuals have specific motivations for what they tell police or the court. A witness could have a personal relationship with the driver or they may know some of the passengers who were hurt in the accident. A witness could be a law enforcement officer who doesn’t want others to know of his involvement.

Conflict of Interest

An attorney may be able to show that a witness has a conflict of interest in a particular case. This would be considered unethical behavior by a witness. They may work for an insurance company planning to sue the defendant, they may be financially connected to the prosecutor of the case in some way, etc.

Anyone who has been charged with a DUI should contact the Law Offices of Gary L Rohlwing. He fights hard to get the charges against his clients dismissed or reduced. It doesn’t matter if someone has been charged with DUI for the first time or more than once; he always works hard to obtain the best possible outcome in every DUI case. Contact him today. His website is http://www.criminal-duiattorney.com/.

Challenging Witness Credibility in a DUI Case Read more on: Law Office of Gary L. Rohlwing



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/dui-defense/misdemeanor/challenging-witness-credibility-in-a-case/

Critical Elements of Drug & DUI Charges in Arizona

Driving under the influence (DUI) is a serious crime that can have serious consequences. When you add drugs into the mix, you are talking about a completely different animal. If you face these charges in the state of Arizona, you will need to find a defense attorney who can aggressively argue your case.

The law office of Gary L Rohlwing is an experienced drug DUI attorney who may be able to help. Only an attorney who specializes in this area of law can provide you with the assistance and answers you need for your defense.

There are a number of variables that can affect the outcome of a drug DUI charge:

  • Is this a felony or misdemeanor DUI?
  • Have you been charged in the past?
  • How many times have you been charged?
  • Are there mitigating factors such as aggravated DUI?
  • Are you underage?

There are many things the court will look at that will affect whether or not you are convicted and how much time you could ultimately face. Many factors will determine whether you get a slap on the wrist or serious time in prison.

A good defense attorney will do everything in his power to mitigate the charges. An effective legal defense is what you are looking for and Gary L Rohlwing can provide that for you. He and his associates will provide you with the proper representation you need. Not all DUI cases are open and shut. An effective DUI attorney will challenge everything the prosecution has to offer.

Your DUI attorney will pick through every bit of evidence with a fine-toothed comb. They will painstakingly analyze every detail of your case to get a good outcome. It is their job to fight for you and a good DUI lawyer will do just that.

DUI cases are not easy. In fact, they can be very taxing. The prosecution does not look favorably on drunk drivers. If you have several convictions or have injured or killed someone, you can expect an uphill battle. The prosecution will spare no expense in prosecuting you to the fullest extent of the law. They may also ask the judge to give you the stiffest sentence available.

This is why you cannot rely upon an amateur if you are charged with DUI. The consequences of drug DUI charges are too great.

Just some of the potential penalties you could face:

  • Jail time
  • Heavy fines
  • Suspension of driver’s license
  • Several years of probation
  • Years in prison

Unfortunately, there are times when the best a defense attorney can do is plea bargain to get you the lowest sentence possible. At the end of the day, no matter how it turns out, you will want the best drug DUI lawyer possible to help you. Call on the expertise of Gary L. Rohlwing. Call them today for a free consultation. He will address all of your questions and concerns.

Critical Elements of Drug & DUI Charges in Arizona See more on: https://criminal-duiattorney.com/blog



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/dui-defense/multiple-offenses/critical-elements-of-drug-dui-charges-in-arizona/

How Do I Seal My Criminal Record in Arizona?

A lingering criminal record can have lasting and, above all, unwanted impacts on those with such backgrounds. Arizona criminal defence lawyer Gary L. Rohlwing wants potential clients to know these unenviable past histories might be removed when performed in accordance with established regulations.

criminal in court

Criminal Record Sealing in Arizona

Common legal terminology often employed to describe the erasure or abolishing of a criminal record include expunging or sealing. That said, these acts are not performed in Arizona.

In accordance with regulations established by the state’s legislature, one possessing a criminal cannot have said documentation or formal charges expunged or sealed off until said subject reaches age 99.

Setting Aside Criminal Records

Even though criminal record sealing or expunging is not permissible, all hope is not lost for Arizona citizens with these kinds of records. State statutes allow individuals in question to appeal to a criminal court to have their records set aside.

However, said events do not merely happen. Setting aside a criminal history requires those hoping to be granted such privileges partake in a multi-step process and meet certain consideration guidelines.

The Process

The process’s first stage involves filing a petition with a court. The legal body will then determine whether to take said action after considering several important factors.

Criteria Appealing Individual Must Meet

An Arizona lawyer wants prospective clients to understand that there are certain offenses that will eliminate their chances of having their histories set aside.

Specific examples include crimes in which the victims sustained serious injuries, acts performed to satisfy sexual urges, traffic violations occurring when the perpetrator’s license was suspended or revoked, events when the convicted subject used a deadly weapon or brandished such an item while committing the offence, and if the victim was 15-years-old or younger.

Should the preceding criteria be met, appealing subjects must additionally demonstrate that the previously convicted person met all of the mandates set forth in their sentence.

This includes serving a specific incarceration term, completed any required substance abuse or alcohol rehabilitation programs, served probation, or attending miscellaneous programs like anger management courses.

Additionally, the subject in question must not have any further convictions over a period ranging from three to six months following their release.

Benefits of Having A Criminal Record Set Aside

A criminal record can inhibit an individual in numerous ways. From a professional standpoint, such backgrounds could significantly limit one’s chances of securing or maintaining meaningful employment.

On a personal level, criminal backgrounds might preclude impacted individuals from exercising their right to vote, finding suitable housing, bearing arms, and enjoying certain other privileges.

Retaining A Criminal Lawyer’s Assistance

Considering the adverse influence a criminal record can have, convincing a court to set such histories aside could prove crucial to a former convict’s future. Therefore, retaining an experienced criminal attorney is an important part of working to have your record set aside.

Said professional can review an individual’s case, help determine their eligibility, and help a client prepare documentary evidence demonstrating all necessary criteria have been satisfied.

Contacting Us

Arizona residents interested in setting aside their criminal backgrounds are encouraged to contact the Law Offices of Gary L. Rohlwing. To learn more about this firm, please visit https://www.criminal-duiattorney.com/.

The following post How Do I Seal My Criminal Record in Arizona? was first published on Gary Rohlwing Law Offices Blog



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/criminal-defense/damage/how-do-i-seal-my-criminal-record-in-arizona/

What You Need Know About Drug Possession Charges

If you are arrested for drugs, it can be difficult to understand the charges against you and the possible enhancements that will affect your case. The penalties for various drug crimes can vary from state to state and even from city to city. For this reason, you must understand what you are facing ahead of time before you speak with a law enforcement agent or go to court.

Drugs

If you have been arrested on suspicion of criminal activity related to drugs, you will likely be placed in jail overnight. This means that you will have limited access to your computer, telephone, and other important belongings. You may be booked into the jail without bail and appear in court on the day designated as your court date. Different types of charges can be filed against you. You can be charged with simple possession of the substance or an offence involving the use of a concealed weapon. Possession with intent to sell is also another charge that could be applied to your situation.

What About Simple Possession Charges?

If you are charged with simple possession, there is a chance that you will be released immediately after booking. If this is the case, you should get a lawyer. Your lawyer can help you fight for better charges or a reduced sentence if your case makes this possible. These types of possession charges are not typical and are usually punished severely. If you use any substance for non-medical purposes or plan to do so, you must talk to a defense attorney about your situation today. Your lawyer will be able to explain the types of cases that you should be fighting and why. It is crucial to immediately contact a lawyer if you are arrested for a drug charge.

What About More Serious Offences?

More serious offences can include aggravated criminal possession, first-degree criminal possession, and second-degree criminal possession. Each of these carries more severe penalties than simple possession. Aggravated criminal possession comes down to the defendant knowingly carrying a substance in their body when violating a state law or ordinance. First-degree involves a situation where the defendant knew the substance was illegal but carried it anyway.

There are many reasons why a person might need a good defense lawyer. If you have been charged with drug possession and cannot afford a private attorney, you should know that public defenders will be willing to take the case. Public defenders offer affordable rates and the same quality service that private lawyers provide. You can find out more about public defenders in your area by contacting your county or city’s Bar Association.

It’s important to remember that the penalties for getting arrested for drug possession vary from state to state. In some cases, possession can result in jail time, fines, and even drug rehabilitation. If you are arrested for suspicion of a drug crime, you should contact a skilled criminal defense attorney right away.

What You Need Know About Drug Possession Charges See more on: Law Practice – Gary Rohlwing



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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from https://www.criminal-duiattorney.com/criminal-defense/drug-crimes/what-you-need-know-about-possession-charges/

Recognizing Domestic Violence

How Do You Know Someone is Suffering From a Domestic Violence Situation?

If you’re suffering from domestic violence, you may already know that you need to leave. But leaving a dangerous situation can be very difficult. You may even need a legal defense team if you are looking to file for divorce, gain custody of a child, or deal with other situations a messy separation might bring up.

But how do you know if you’re in an abusive relationship?

domestic violence legal help

While abuse can be different for everyone, there are some pretty common signs of abuse. These can include everything from controlling your money to physical violence.

Controlling, Threatening, & Bullying Behavior

If your partner yells at you and makes you feel less-than, punches the wall or throws things when they’re angry, threatens to harm or kill someone close to you or you, tries to control how you look, is overly critical, or accuses you of having an affair, then you may be in an abusive relationship.

No one is perfect, and there will be times when you and your partner disagree or have heated arguments, but there should always be a level of respect and care, even when you’re both angry. When your partner tramples that and crosses the line between having a disagreement and being emotionally or mentally abusive, this is not a healthy situation.

Controlling Finances

Since abusers typically base their abuse on control, it’s easy to see why controlling your finances can be a clear sign of abuse.

Some ways abusers control your finances are to make sure they keep all of the credit cards and cash away from you, they give you an allowance but expect you to tell them where every dollar you spend goes, they may control if you work and what kind of job you can have, they may even keep the money for basic things like clothes and food from you, and steal from your friends or from you.

Isolation

Another way to ensure their control over you is to keep you away from your family and friends. This can include anything from embarrassing you in front of your friends and family so badly that you feel you need to avoid those people to making you ask for permission to see them. This means that keeping close tabs on where you go and who you go with can be a very clear sign of abusive behavior.

Sexual & Physical Abuse

Of course, everyone knows that if you’re being hit, you’re being abused. But there is more to it than getting hit or having a weapon against you. Any sort of physical assault, even just hair pulling, abuses if it is unwanted. Refusing to let you in to your house (locking you out), and keeping you from seeking medical care, sleeping, or eating are all also signs of abuse.

Likewise, just because you’re in a relationship or married doesn’t mean that you “owe” your partner sex or sexual favors. Forcing you to have sex, making you dress more provocatively than you’re comfortable with, telling you that you “owe” them sex, trying to force you to have their baby or get them pregnant, and trying to give you STDs are all signs of sexual abuse.

Since men are usually stronger than their partners, female abusers typically wait for them to be asleep before they attack, attack them by surprise, or abuse their children or pets to “weaken” them.

If you still aren’t sure if you’re being abused, call the National Domestic Violence Hotline. 1-800-799-SAFE (7233). Not only can they give you guidance, but they can also refer you to resources to help you get assistance. You can also ask your church, doctor, family, friends, and even neighbors for help to get out of a dangerous situation.

You’ll also want to come up with an escape plan. This can include making and hiding an extra set of keys, packing a bag with any important paperwork, spare cash, clothes, and medicine that you need. (You may want to keep this bag at a friend’s house.) Come up with a code word that you can tell your co-workers, friends, family, or even children so that they know you’re in danger and should call the police. Try to also know where you’re going to go and how you’re going to get there.

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Law Offices of Gary L Rohlwing

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(623) 937-1692

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from https://www.criminal-duiattorney.com/criminal-defense/domestic-violence/recognizing-when-it-has-happened/

Effects of COVID on Criminal Cases

COVID-19 continues to wreak havoc across America and has left no area of the country untouched. The virus has even affected policing and criminal justice. In many states and counties, the enforcement of stay-at-home orders and other virus-related restrictions are a top priority. New laws have been passed and police have been given the authority to penalize people who repeatedly or seriously violate such orders.

Enforcement is not the only thing that has changed. The virus has also had an impact on how criminal cases are processed and handled. The resurgence of the virus in late autumn forced many courts to shut down completely. Courts in some jurisdictions have decided to finish trials that have started but not to begin new trials.

In many instances, how courts decide to handle criminal cases depends on how well-resourced they are. Much has been learned about the virus since March 2020. Many courts have the money and have had the time to take their proceedings entirely online. These courts have remained largely unaffected by the latest upsurge in cases and the re-imposition of lockdown orders.

Your Right to a Speedy Trial

If you are in a jurisdiction that has been severely affected by COVID-19, your trial date may have been postponed. Despite the distribution of the vaccine, no one knows when the pandemic will be brought under control. However, your right to a speedy trial remains in effect. The Sixth Amendment to the Constitution gives you this right. You may need to hire a criminal defense lawyer to help you protect it.

Courts have the right to set aside a conviction or sentence if your 6th Amendment rights are violated. In many states, the legislatures have not modified the amount of time that a prosecutor has to bring a defendant to trial. If you are among the backlog of cases in a jurisdiction, you should speak to your Arizona lawyer about having the charges against you thrown out owing to the violation of your constitutional rights.

Plea Bargaining

COVID-19 has also affected plea bargaining. The virus created a health crisis in America’s prison systems. The close proximity of inmates and corrections officers has led to an alarming rise in cases among both. A jail and prison system that was already suffering under the weight of overcrowding and congestion cannot afford the imprisonment of more people.

This has put prosecutors at a disadvantage in plea bargaining. They have even more of an incentive to reach a plea agreement which could keep you out of the unhealthy conditions of prison. This will also help reduce the prosecutor’s backlog of cases so that they do not risk having defendants go free owing to 6th Amendment violations.

You should speak to your criminal attorney about pushing an even harder bargaining position with the prosecutor. You may be able to get an even lighter sentence than you would have before owing to these changes. If you have been arrested and charged with a crime, your criminal defense lawyer should be looking for ways to leverage the conditions of the pandemic to get you the best deal possible.

The following blog post Effects of COVID on Criminal Cases is courtesy of Gary Rohlwing Law



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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from https://www.criminal-duiattorney.com/criminal-defense/misdemeanors/effects-of-covid-on-criminal-cases/

What to Do if You’ve Been Arrested for White Collar Crime in Arizona?

White-collar crimes are non-violent crimes that usually involve financial or business affairs. Money laundering, embezzlement, and tax evasion are all examples of white-collar crimes. They are often referred to as victimless crimes.

However, just because the crime does not involve violence, does not mean that the prosecutors will go easy on you. In fact, you can face imprisonment, fines, probation, and forfeiture of assets if you are convicted of a white-collar crime. You may also be required to pay restitution to the business or person that you defrauded.

That is why it is a good idea for you to call an Arizona criminal attorney if you are being charged with any of these crimes. They can come up with a credible and strong defense for you to use in court.

How Can You Be Found Guilty of a White-Collar Crime?

In order for you to be convicted of a criminal offense, the prosecution has to be able to prove that you broke the law. You may be less likely to be found guilty of a crime if you do not enter into the situation with the intention of committing a crime. However, it is important to note that you do not have to successfully complete a crime in order to be found guilty of one.

It is possible for you to be found guilty if you had a plan in place, but you did not carry it out. For example, you made a plan to embezzle money but you stopped before you used any money. You can still be convicted of a crime.

Defenses to White Collar Crimes

One of the reasons that it’s important to hire a criminal lawyer is because they will be able to come up with the right defense. The following is a list of defenses that can be used in these types of cases.

Lack of Intent

In some cases, prosecutors are required to prove intent to perform an illegal action. For example, you are facing tax fraud charges. They have to be able to prove that you intended to commit a crime. Simply making a mistake while you file your taxes is not enough to convict someone of tax fraud.

Entrapment

Entrapment is one of the most common white-collar defenses used. Police officers may suspect a group of people are committing a crime. They may set up a sting operation in order to convict someone. However, if the defense can prove that the informants or officers induced you to commit a crime, then you will likely have your charges dropped.

Incapacity

If you were mentally or physically impaired at the time you committed the crime, then your criminal attorney can use this as a form of defense. They can prove that you were unable to make reasonable decisions.

Intoxication

Intoxication can sometimes be used as a defense. The attorney can argue that you were not able to control your actions and you may be able to bargain for a lesser sentence or offense.

If you are in need of a criminal attorney, then you should consider contacting The Law Offices of Gary L Rohlwing.

What to Do if You’ve Been Arrested for White Collar Crime in Arizona? Find more on: LawOfficesGaryRohlwing



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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from https://www.criminal-duiattorney.com/criminal-defense/felonies/arrested-for-white-collar-crime-in-arizona/

Steps in a Criminal Case

Handling a criminal case in Arizona can be complicated. If you’ve been charged with a crime or you worry that you will be, it may be in your best interest to learn the various steps in a criminal case. For in-depth guidance on the steps in a criminal case in Arizona, contact a competent criminal attorney from the Law Offices of Gary L Rohlwing.

criminal in court
The following constitute some of the steps in a criminal case in Arizona:

Arrest

The law enforcement officers (i.e., the police) are responsible for effecting an arrest. After conducting a thorough investigation and finding a probable cause to believe that you are responsible for the alleged crime, the police will proceed to either arrest you or cite you for an appearance before a criminal court.

First appearance

The first appearance is commonly known as the initial appearance. The hearing confirms the defendant’s names, reading charges and, in case of a felony, the appointment of an attorney if the defendant does not have one. At this stage, the defendant can apply for bail or bond. Upon such application, the judge will have to decide on whether to release the defendant or not. Once you are released on bail or bond, it is advisable to contact a criminal defense attorney for assistance with launching a competent defense.

Preliminary hearing

A preliminary hearing is common with felonies. In case your charge falls under the category of a felony, it is advisable to work closely with your criminal defense attorney. It’s at the preliminary hearing that witnesses give their testimonies. Where the evidence and testimonies presented show that there is probable cause to hold the defendant liable, the judge fixes the criminal case for trial.

Grand jury

In some instances, the jury commission selects grand jury to determine if the charges should be brought before a full court. The decision reached by the grand jury is straight forward. If they think there is enough evidence that the defendant could be guilty, they vote to allow the case to go to a full trial.

Arraignment

Arraignment is simply the plea taking center stage once the grand jury has presented its verdict to the court. This is the part you might remember from a movie where the judge reads the charges to the defendant and they declare that they ‘plea’ guilty or not guilty. If the accused person accepts the verdict, such acceptance is a guilty plea. If the accused person disputes the verdict, the judge will enter a plea of not guilty. Working closely with our Arizona lawyer from Law Offices of Gary L Rohlwing gives you a chance to know what plea will work in your advantage. In the event you take a not guilty plea, the case will proceed to trial. Where the judge enters a plea of guilty, the judge will set a date for sentencing.

Trial

At the trial stage, the accused person gets to defend their case. The trial stage gives the defense team a chance to prove the accused person’s evidence. As usual, the defense case comes after the prosecution case. Therefore, the defense team is well aware of the facts and evidence they will be defending against.

The article Steps in a Criminal Case was first seen on Gary Rohlwing www.criminal-duiattorney.com/



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

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