Should I Refuse a Breath Test?

Consequences of Refusing to Take a Breathalyzer Test in Arizona

Some drivers believe that it’s a good idea when stopped by law enforcement for a suspected DUI in Arizona to refuse to take a breathalyzer test. However, in Arizona, when people refuse to take a breath test, they may run into more trouble than they realize. Arizona is an Implied Consent State. This means that, if a person is stopped for suspicion of DUI, they have to agree to take a breath test. It’s the same if a person has or has not been drinking and driving.

Many individuals feel insulted when a member of law enforcement asks them questions. They get angry when asked to submit to a breathalyzer test. Drivers in the state of Arizona aren’t legally required to submit to a law enforcement’s request to take a breathalyzer without a warrant. But when someone refuses to take one, they are often not happy with the result.

Potential Penalties of Refusing the Test

Any driver who refuses to take a breathalyzer test in Arizona will have their driver’s license revoked for at least one year. This can happen even if a driver isn’t convicted of a DUI charge. All a person has to do is refuse to take a breathalyzer test to earn a suspension of their driver’s license.

*First Offense – A person will have a one-year suspension of their driver’s license.
*Second Offense – Should someone refuse to take a breathalyzer test within 7 years of a previous refusal, they will have a 2-year driver’s license suspension.
*Third Offense – A third refusal to take a breathalyzer test within 7 years of a previous refusal will result in another 2-year driver’s license suspension.

License Taken

When a person’s driver’s license is taken away by law enforcement, they will be given a temporary driving permit. This permit will be valid for 15 days. The state of Arizona will notify them about the suspension. Forms will be provided for them to challenge their suspension if they desire.

The Hearing

A person must request a hearing within 15 days after being issued a notification of their suspension. This is an important hearing. When a person doesn’t have a driver’s license, they’ll have trouble travelling to and from school, work, home, and more. A person with a suspended driver’s license will have to have someone drive them places. This includes the police station as they wait for their driver’s license to be reinstated.

Motor Vehicles Division (MVD) Hearing

A person with a suspended driver’s license must immediately request a hearing with the MVD. This is a way to determine if the arresting officer had reasonable grounds to believe a person was driving under the influence. Should a person believe the arresting officer didn’t have legal grounds or reason to ask them to take a breathalyzer test, they can state this at the hearing. A person can have a DUI lawyer represent them at the hearing.

Should a driver in Arizona refuse to take a breathalyzer test and have their license suspended, they should immediately contact the Law Offices of Gary L Rohlwing. This is a DUI Attorney with all the knowledge and experience necessary to provide his clients with the best possible results.

West Valley Courts We Offer Legal Defense Services:

• Peoria
• Sun City
• Glendale
• Peoria
• Surprise
• Buckeye

The following article Should I Refuse a Breath Test? is republished from Gary Rohlwing Law Offices Blog

Law Offices of Gary L Rohlwing

7112 N 55th Ave

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(623) 937-1692

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from https://www.criminal-duiattorney.com/dui-defense/should-i-refuse-a-breath-test/

Stages in a Criminal Defense Case

What Can You Expect in a Criminal Case and the Stages

An experienced Arizona criminal offense attorney urges interested parties to realize that the criminal process involves numerous stages. Each of these phases is crucial to a case’s outcome. Therefore, familiarity with each step might increase one facing criminal charges of producing favourable decisions.

Arrest

Obviously, the first phase of the criminal process is arrest. During this stage, the subject in question is apprehended by law enforcement representatives and taken into custody. Authorities can make arrests if they witness the accused committing a criminal act, possess probable cause suggesting the suspect engaged in a criminal offense, or if they obtain a warrant from the appropriate adjudicating entities.

Charges

Once the arrested subject is taken into custody, the law enforcement agency in question typically prepares a detailed, written report discussing the specific criminal charges the apprehended individual faces. Specifically, this document contains information regarding what prompted the authorities to make the arrest, significant details about the singular or multiple offenses under scrutiny, and established witness statements. Once these facts have been determined, the prosecuting attorneys confirm the severity of the charges.

Arraignment

Shortly after the suspect has been formally charged, said subject makes their first appearance in court. During this process, known as arraignment, a judge or other court representative reads the official charges to the defendant, advises said subject of their right to legal representation by an Arizona criminal attorney, and asks them to enter a plea of guilty or not guilty.

Pre-Trial Activities

Before a trial commences, a period of time is set aside for the prosecution and defense teams to exchange information as a means of establishing the case’s facts: the process of discovery. As a general rule, the defendant and their criminal defense attorney have the legal right to learn what evidence prosecutors have accumulated against them before the trial begins.

In addition to an exchange of information, both legal teams perform actions such as filing motions and preparing witness summonses. It’s also during this stage both sides might agree not to take the case to trial. For example, the defendant may opt to accept a plea bargain deal should prosecutors offer such an agreement.

Trial

The trial stage involves both the prosecution and defense presenting their case in a courtroom setting before a judge and jury. A prosecutor and criminal defense lawyer complete this process by gathering evidence, obtaining expert and eyewitness testimony, and attempting to bring the opposing faction’s arguments into question. Once each side has presented its case, the court requests the jury debate until determining whether the defendant is guilty or not guilty. This period is known as jury deliberation. Once deliberation has yielded a unanimous conclusion, the jury notifies the court of this development.

The Verdict

The jury offers its decision through a special proceeding called a verdict. The judge asks the jury foreman if the ruling body has reached a decision regarding the charge or multiple offenses the defendant is accused of. The foreman will then vocalize the ruling before assembled individuals, which typically includes prosecutors, the defense team, and of course, the defendant. If the accused is found not guilty, they are released. If said subject is found guilty, they are taken into the court’s custody.

Sentencing

During the sentencing process, the judge determines how long the guilty party’s incarceration period or what their other punishments will be. Typically, the judge reaches said conclusions in accordance with guidelines based on state or municipal regulations.

Appeal

Defendants found guilty have the constitutional right to appeal a guilty verdict. The court will then determine if the defendant’s claims carry any validity.

Reaching Out to Gary L. Rohlwing

Arizona residents facing criminal charges are urged to contact respected criminal lawyer Gary L. Rohlwing. Mr Rohlwing possesses a dearth of experience handling a wide variety of criminal cases.

Stages in a Criminal Defense Case was first seen on Our Blog at www.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/criminal-defense/felonies/stages-in-a-criminal-case/

Can You Own a Firearm After A Felony?

What are Your Gun Rights with a Criminal Record?

In the United States, the Second Amendment of the U.S. Constitution gives citizens the right to bear arms, making the U.S. one of only three nations worldwide that view gun ownership as a constitutional right. In Arizona, citizens are not required to register firearms, and those age 18 or older can openly carry guns in many public areas. However, gun laws for felons can make owning a firearm difficult, though not impossible. To understand your gun rights as a felon, you may choose to discuss your situation with a criminal defense attorney at the Law Offices of Gary L. Rohlwing.

Getting Caught with a Gun

Should you be a felon caught owning or possessing a firearm without having had these rights restored, Arizona law will not take the case lightly. In most cases, you could be charged with a Class 4 felony offense, known as Misconduct Involving Weapons, and this charge can carry a prison sentence ranging from two to five years. However, should you be facing such a situation, being caught with a gun does not automatically mean you will be convicted.

Illegal Search and Seizure

While the Second Amendment guarantees citizens the right to bear arms, the Fourth Amendment protects citizens from illegal searches and seizures by police. Thus, even if you are a convicted felon, police cannot indiscriminately search anyone they please. Instead, they must have reasonable cause to do so. If this was not the case with you, your constitutional rights may have been violated, which is just one of the reasons to have a criminal defense attorney on your side who understands gun laws for felons.

Restoring Your Rights

Fortunately, Arizona is a state that does allow most convicted felons to have their gun rights restored. However, this does not happen immediately or automatically. In most cases, it can take as little as two years to as long as 10 years to get such rights restored. Generally, if you have been convicted of a felony, you can get your rights restored two years following the completion of your probation period or after your prison sentence ends. However, if you were convicted of first or second-degree murder, kidnapping, arson, robbery, or other serious offenses, the process may take closer to 10 years.

Petitioning for Your Rights

When able to do so, you should work with a criminal lawyer to file a petition with the Superior Court in the county in which you were convicted. Once done, factors such as your criminal history, your behavior while in prison or on probation, and others will weigh heavily on whether the court rules in your favor.

Like many felons, you may think owning a gun after your conviction is out of the question. However, by consulting with the Law Offices of Gary L. Rohlwing, you may be surprised to learn of the options available to you in these situations.

The article Can You Own a Firearm After A Felony? was first published on http://www.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/criminal-defense/felonies/can-you-own-a-firearm-after-a-felony/

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.

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 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.

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?

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.

The following post Recognizing Domestic Violence Read more on: Gary Rohlwing

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