Tips about Going through an Arizona DUI Checkpoint

Before you go through a DUI checkpoint, you should be aware of your responsibilities and rights. This is especially true if you are in the state of Arizona, because they take DUI cases very seriously.

 

Are DUI Checkpoints Legal and Constitutional?

Yes, they are. They let police officers lawfully stop drivers even if they do not seem suspicious. This is to prevent the occurrence of accidents or other negative consequences of DUI’s.

DUI checkpoints are different from routine stops. With a routine stop, the police officer needs to have reasonable doubt that a violation has been committed. With a DUI checkpoint, such reasonable doubt is not required. This can make it truly intimidating.

Unfortunately, a lot of people are not aware of their rights. So, when they get stopped at a DUI checkpoint, they panic and get confused. To help you avoid getting in trouble, you need to know and protect your rights without incriminating yourself. Here are some helpful tips:

Know your constitutional rights.

If you get stopped at a DUI checkpoint, you will be asked to show your documents. You will be asked to show your ID and driver’s license. You will also be asked certain questions. Make sure that you present these things and be honest with your answers.

Know your right to remain silent. You should not feel obliged to answer unnecessary questions, such as where you are heading to or where you have been.

Do not provide more information than you have to. Otherwise, you may end up incriminating yourself. Call your lawyer as soon as possible. Only speak if your lawyer tells you that it is okay to do so.

Comply with the police officers.

In addition, you may be asked to step out of your vehicle. Just comply without complaining or displaying any aggressive behavior. Otherwise, you could be brought up on charges.

Always be polite and civil. Refrain from even seeming to assault the police officer. Getting stopped at a checkpoint can be a real hassle. It can put you in a foul mood, but you should always stay calm and reasonable. Speak calmly and carefully. Do not physically attack or curse at the police officer.

Use your common sense.

Yes, there are times when you are not required to do what a police officer tells you. For example, if a police officer stops you at a DUI checkpoint and says that he wants to conduct a search of your vehicle, you can refuse. You do not have to agree to this search. However, it may be a better idea to agree than to disagree, especially if you aren’t hiding anything. Just cooperate with the authorities so that the process can be over as soon as possible.

Likewise, you are not obliged by the law to take a sobriety or blood alcohol content test. If a police officer stops you at a DUI checkpoint and asks you to perform a Breathalyzer test, you have the right to refuse. Then again, refusing to take such tests may also result in legal repercussions. For instance, your driver’s license could be suspended. It is best to contact your lawyer before you make a decision on whether to take or refuse any chemical test.

The Law Offices of Gary L. Rohlwing provides DUI, criminal defense, and domestic violence representation in Arizona. So, if you ever get charged with a DUI, you can give him a call.

Tips about Going through an Arizona DUI Checkpoint is available on Gary L Rohlwing Lawyer



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from http://www.criminal-duiattorney.com/blog/dui/tips-about-going-through-an-arizona-dui-checkpoint/

Arizona Misdemeanor: Understanding Its Classes and Penalties

A misdemeanor charge is technically considered a “light” offense compared to a felony. However, no matter how light or insignificant you may think the offense is, a misdemeanor is still a crime that can call for serious penalties.

In the US, a misdemeanor is a non-indictable criminal offense. This means that the offender cannot be detained for nearly as long as they could with an indictable offense. However, the offender can still face jail time for up to a maximum of 6 months with years of probation.

Here’s what you need to learn about misdemeanors and how they’re treated in Arizona:

 

 

Classes of Misdemeanor in Arizona

Misdemeanors are often referred to as petty or disorderly offenses. In Arizona, misdemeanor offenses fall under the following classifications:

Class 1 Misdemeanor

Class 1 Misdemeanors are considered the most serious level of misdemeanor. These offenses include:

  • Assault resulting in injury
  • Domestic violence
  • Possession of marijuana and other drugs
  • DUI (Driving Under Influence)
  • Driving on a suspended license
  • Prostitution
  • Shoplifting or theft
  • Disorderly conduct and criminal damage

 

Class 2 Misdemeanors are offenses that cause less serious impact or damage:

  • Assault with threats of injury
  • Criminal trespassing (second degree)
  • Criminal damage
  • Reckless driving

 

Class 3 Misdemeanors are the least severe disorderly offenses:

  • Simple assault
  • Criminal trespassing (third degree)
  • Criminal speeding
  • Loitering
  • Failure to appear in court

 

Penalties for Misdemeanors in Arizona

The severity of the penalty will depend on the classification of the misdemeanor charge, and the specific type of offense committed. In Arizona, the sentence and penalties for the different classes of misdemeanor normally follow this guideline:

Class 1 Misdemeanor

  • Up to 6 months of jail time in local or county prison
  • Up to $2,500 in fines and surcharges
  • Up to 5 years of probation

 

Class 2 Misdemeanor

  • Up to 4 months of jail time in local or county prison
  • Up to $750 in fines and surcharges
  • Up to 2 years of probation

 

Class 3 Misdemeanor

  • Up to 1 month of jail time in local or county prison
  • Up to $500 in fines and surcharges
  • Up to 1 year of probation

Special Conditions for Misdemeanors in Arizona

Sometimes, a person who commits a misdemeanor can be charged with a more serious offense, such as a felony or a higher level of misdemeanor. This happens when certain “special” conditions or complexities are met.

For example, an offender who was previously charged with two Class 1 misdemeanors and has committed another Class 1 misdemeanor can be charged with a felony offense due to the increased gravity of the offenses.

Another example is when an offender who previously committed a Class 2 misdemeanor, commits another misdemeanor. This will more likely lead to a Class 1 sentence and penalty, depending on the gravity of the offense.

The possession of illegal drugs may also call for additional penalties such as a higher fine or longer jail time. DUI charges may also be raised to a felony due to aggravating circumstances.

How to Get Help When Charged with a Misdemeanor in Arizona

Most of the time, a person charged with a misdemeanor in Arizona will fare better with legal assistance. This is especially true for first-time offenders and for those who are new in the state.

If you have been charged with a misdemeanor in Arizona and need professional help in resolving the case, you can call the Law Offices of Gary L Rholwing at (623) 937-1692.

The blog post Arizona Misdemeanor: Understanding Its Classes and Penalties is courtesy of 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 http://www.criminal-duiattorney.com/blog/criminal/arizona-misdemeanor-understanding-its-classes-and-penalties/

Aggravated Assault Charges Defense in Arizona

Arizona prosecutors file thousands of criminal cases every year. A lot of these cases involve assault allegations. An assault charge in Arizona may either be a felony or a misdemeanor, depending on the particular circumstances of the charge.

assault

Elements of Assault and Aggravated Assault

The state recognizes 2 kinds of assault that don’t involve sexual elements. These are assault and aggravated assault. There are two things the prosecutor must establish to prove a crime of assault or aggravated assault: that the defendant committed the act (actus reus in Latin), and that he performed it with the necessary mind-set (mens rea).

Actus reus refers to the physical action constituting a crime element. In an assault case, for instance, it may be a blow with a fist, pulling the trigger of a gun, or a stabbing motion. But, for the defendant to be guilty of the crime, the prosecution must first show that the defendant committed the crime with a guilty mind.

Assault

Except for very few situations, Arizona crimes mandate that the prosecution establish that the defendant committed the act with a certain degree of intent, knowledge, or recklessness. For instance, Arizona assault laws say that a person can be guilty of assault if he knowingly, intentionally, or recklessly caused another person to suffer a form of physical injury.

A defendant who bumps into another person by accident will therefore not be guilty of assault. This is because while the other person may have sustained an injury because of the actions of the defendant, the latter did not act knowingly, intentionally, or recklessly.

The criminal laws of Arizona don’t punish negligent behavior in general. Thus, even if the defendant proclaims his negligence in bumping into the victim, he would still not be found guilty of the charge.

Aggravated Assault

An aggravated assault in Arizona is similar to an assault charge, but with an additional proof supporting one or more specific facts. The following can elevate a criminal charge from assault to aggravated assault:

  • The complainant sustained serious physical injury.
  • There was use of a deadly weapon, which can be a felony.
  • The defendant performed the alleged assault after gaining entry into the victim’s home with the intention to assault them.
  • The defendant is at least 18 years old, and the alleged crime was performed against a person who is under 15 years old.
  • The alleged crime was performed against a protected member of a class such as a prosecutor, police officer, teacher, or firefighter.

Are You or Any of Your Loved Ones Facing an Assault Charge in Arizona?

If you or a loved one has been arrested for the crime of assault in Arizona, it is best to get in touch with a reputable attorney right away. This way, your rights as a defendant will be safeguarded. Your lawyer can also help you strategize your defense and get the best possible result for your case.

Contact the Law Offices of Gary L Rohlwing for help. Atty. Rohlwing has successfully defended hundreds of assault cases in the state of Arizona. He is also well-versed in the Arizona justice system.

 

The post Aggravated Assault Charges Defense in Arizona is republished from Blog



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from http://www.criminal-duiattorney.com/blog/criminal/aggravated-assault-charges-defense-in-arizona/

Can You Avoid the Ignition Interlock Device after an Arizona DUI?

Individuals who are arrested for a DUI in the state of Arizona are required to install an ignition interlock device in their vehicle. This device requires regular maintenance and it can be quite costly. Hence, a lot of drivers want to know if they can avoid its installation after they are convicted for a DUI.

Are Ignition Interlock Devices Really Required?

Yes, they are really required.

At present, drivers who are found guilty of a DUI are required to install the device in their vehicle. There are no exceptions for this. Anyone who is arrested and convicted of a DUI needs to do this, including those who were arrested because of taking medications or drugs. A lot of people think that such provision is not necessary. Nevertheless, it must be adhered to, even if you were only arrested because you had to take prescription medications. A DUI is considered a very big deal in Arizona.

If you ever get arrested, you would be required to have the device installed in your vehicle for a year. Depending on your situation, you may request for a revision and/or removal of the device after six months.

So, if you are hoping that you can avoid installing the device after a court has ordered you to do it, you’ll be disappointed. Arizona is strict when it comes to performing regular compliance checks. The authorities may carry out inspections without warning to find out if the drivers are indeed following the rules. If you are caught disobeying a court order to have the device installed, or even tampering with it, you could face serious consequences.

Is It Ever Possible to Avoid Getting an Ignition Interlock Device?

Not following court orders is never an option. However, is it ever legally possible to avoid installing the device? What if you promise the judge that you won’t drive your car for a year? According to the law, you need to have the device installed in your vehicle even if you promise not to use it for that year. In fact, you need to have the device installed in any vehicle that you drive, including rent-a-car-services.

Simply making this kind of promise is not enough for you to avoid installing the device. After all, nobody can really guarantee the future. So, there is no way for you to tell that you will be able to refrain from driving for a year.

Nevertheless, there is a single exception. You can drive a vehicle that does not have an ignition interlock device during an emergency situation, such as needing to go to the hospital. So, the answer to this question is also ‘yes’. It is possible to use a vehicle without an ignition interlock device if there is an emergency. Otherwise, you would get arrested if you operate any vehicle that does not have the device. You could even be banned from driving.

Also, you may avoid installing the device if you are charged with a DUI after using drugs. According to the law, an individual can avoid installing the device if they are charged with a DUI after using metabolites or any drug defined in ARS 13-3401. Moreover, they would only be exempted if they have no prior conviction. That means, they cannot have been arrested for DUI in the past eighty-four months. They should also not have been arrested for any drug-related offense in the past.

First-time offenders are the only ones who may take advantage of this exception. Also, this only applies if they are committing a misdemeanor, rather than a felony DUI. Judges are in control of mandating ignition interlock device installation. So, if you get on their good side, they may be lenient on you. Just don’t be complacent, especially if your charges have aggravating factors. It can be very difficult to get out of a DUI procedure if you insist on not getting the device, especially when you are in Arizona. Then again, you may get a good deal if you have a competent attorney who is skilled at negotiations.

If you need representation, you can contact the Law Offices of Gary. L. Rohlwing. They specialize in DUI, criminal defense, and domestic violence cases. They have clients in Phoenix, Glendale, Goodyear, and all around Arizona.

The blog post Can You Avoid the Ignition Interlock Device after an Arizona DUI? is courtesy of Blog 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 http://www.criminal-duiattorney.com/blog/dui/can-you-avoid-the-ignition-interlock-device-after-an-arizona-dui/

Arizona Supreme Court Changes Duress Defense

The Arizona Supreme Court recently changed the defense of duress in criminal cases.  The following is from “AZ Supreme Court Changes Criminal Defense of Duress” by Howard Fischer, Capitol Media Services, August 24, 2018: https://azcapitoltimes.com/news/2018/08/24/az-supreme-court-changes-criminal-defense-of-duress/

A woman sentenced to 20 years in prison because of her role in keeping her three daughters locked up for three months in squalid conditions has had her case sent back to Pima County Superior Court Judge Paul Tang for a new trial.

Sophie Richter wanted to present evidence that she acted under duress because she was too scared of her husband, the girls’ stepfather, to help them.  Her evidence would have included a doctor’s testimony that she suffered from post-traumatic stress disorder due to her husband’s abuse and photographs of “numerous scars” she said were inflicted by him.

Judge Tang refused to allow her to use duress as a defense because she was essentially claiming “battered woman syndrome,” where she would escape punishment by claiming she was so abused that she lacked the mental capacity to know she was committing a crime.  That defense is not allowed in Arizona.

Chief Justice Scott Bales noted that her claims were more specific than that:

“For example, he said she believed that if she resisted she would either be seriously harmed or killed, or that her children would as well. And she submitted evidence of wounds and blood on her body that police documented on the day of her arrest.

Bales said that evidence, if accepted by a jury, could show she was constantly in fear, providing a basis for her to argue she had no choice but to go along with what her husband demanded.”

Bales said she had a story to tell that could convince a jury she acted under duress:

“She sought to argue that her intentional illegal conduct was justified because she was compelled to abuse her children by the threat or use of immediate physical force against her or her children,” he wrote. More to the point, he said that threat need not be something that occurred at precisely the same time Sophia was committing the crime.

“An ongoing threat of harm can be sufficiently immediate and present for purposes of a duress defense even when the threat precedes the illegal conduct by several days,” he said.

Bales acknowledged that the threat needs to be more than “vague or undetailed.” But the justice said there was enough evidence to suggest she was under constant fear.

“She stated that even when she went grocery shopping, she was accompanied by Fernando’s mother,” he noted, and Sophia was required to keep her cell phone on at all times “in order that he could tell her what was going on.”

Then there were the wounds and blood police found. And Bales said Sophia would have presented evidence that when she stood up to Fernando on a family trip he threw her out of the hotel room by her hair.

Bales said, though, that for Sophia to succeed in her defense at a new trial she has to convince a jury that a reasonable person, subjected to the same threats and patterns of abuse, would have believed he or she was compelled to engage in the same illegal conduct.

If you have been charged with a crime where duress might be a defense, you need an experienced defense attorney.  Attorney Gary Rohlwing has over thirty years experience. Please call him today for a free consultation.

 

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Arizona Supreme Court Changes Duress Defense is republished from Gary Rohlwing

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(623) 937-1692

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from http://www.criminal-duiattorney.com/blog/criminal/arizona-supreme-court-changes-duress-defense/

Beyond GoFundMe: Using Crowdfunding to Raise Money for Legal Defense

GoFundMe is a popular website to raise money for a legal defense.  Unfortunately, problems can arise using GoFundMe. GoFundMe may not allow you to use them if you or your case are controversial.  They reserve the right to cancel your campaign and withhold funds at any time for any reason. It may be very difficult to talk to a person if any problems come up.

Two crowdfunding websites you may not have heard of are fundedjustice.com and fundrazr.com.

Fundedjustice.com is for anyone with a legal issue that needs money to hire an attorney. In their own words:

“We are truly agnostic when it comes to campaign selections. If your campaign touches a legal or Social Justice issue we are the right partner for you.

We started our service in 2014 with the goal of helping people gain access to the legal system or fight to correct a social wrong. For too long, the rich and powerful have had the best legal representation that money can buy, and poor people could go to legal aid clinics. But what about the vast majority of middle-class America? What about the average citizen who sees that something is wrong and knows that things could be better.

We provide a straightforward, easy way to raise money quickly. Harnessing the power of social media and the Internet, you can find hundreds and potentially thousands of people who are willing to help.”

Fundedjustice.com does not charge you to build a campaign page or run a fundraising campaign on Funded Justice.  Instead, they charge a flat 7% plus any credit card processing charges. Funds are transferred as soon as possible; you don’t have to wait for the campaign to end.

Fundrazr.com started in January 2009.  As of January 2017, they had raised more than $100 million in total funds.  Fundrazr.com has a 0% platform fee where they just ask supporters for a small optional tip and take standard credit card and PayPal processing fees.  Funds are transferred once they have cleared any security checks and according to the daily, weekly or monthly schedule you have set for withdrawals.

Both fundedjustice.com and fundrazr.com provide help in creating your crowdfunding campaign.  However, you still need to put in some work if you want your crowdfunding campaign to succeed according to fundedjustice.com:

“The ideal Funded Justice crowdfunder is someone who is outgoing, has a large network of contacts, and is willing to work hard. If you have a Facebook account, use Twitter or simply email, you can have a successful campaign. It depends on you, and how much time and effort you are willing to put into your campaign.”

If you have been charged with a serious or complicated crime where crowdfunding might make sense, you need an experienced defense attorney to defend you.  Attorney Gary Rohlwing has over thirty years experience. Please call him today for a free consultation.

The post Beyond GoFundMe: Using Crowdfunding to Raise Money for Legal Defense was first published to Glendale Arizona Law Offices of Gary Rohlwing

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from http://www.criminal-duiattorney.com/blog/law-offices-gary-rohlwing/beyond-gofundme-using-crowdfunding-to-raise-money-for-legal-defense/

How a Criminal Attorney Can Help You

Being a convicted criminal can turn your life and future upside down. Sure, you’ll need to get through prison life, but your future is also an important consideration. Having a criminal record, even if you have already served your sentence, can bar you from voting, employment, housing, social benefits, traveling, and even the right to bear arms.

To prevent conviction, you need a criminal lawyer. But how exactly can they help you?

Building Your Defense

A criminal attorney can help you find out multiple ways you can defend yourself. You can be the smartest person in the world, but once you’re suspected of a crime, your movement and access to information may be limited.

A criminal attorney can be there to investigate for you. He can look for crucial witnesses that will speak up in your defense or get the sentence that the prosecuting party is handing to you reduced. He can also find documents and even cobble together video evidence to get you acquitted.

He will gather facts and stitch them together to improve your defense.

Providing Information About Laws

Ignorance of the law is not an acceptable defense — especially when you are being apprehended and tried. Is that fair? In a sense, it is. Because if you can plead not guilty whenever you disobeyed a law due to ignorance, and get away with it, then many criminals would be acquitted. After all, there is no reliable method for detecting lies and scanning minds to know if ignorance of the law is truly at fault.

So, if ignorance of the law won’t help your defense, you need someone who has comprehensive knowledge of the law to aid you. That is what a lawyer is for. That’s their job after all.

Knowledge of the laws related to your case is important if you want to get acquitted or push for better bargain pleas. Your lawyer can inform you of all the laws you need to know and use his extensive knowledge on your behalf.

Knowing Your Rights

Aside from the related laws you need to know, you also need to know about your rights as a defendant. The laws, and the due processes that come with them, can be intricate, nuanced, and tricky. One small misstep can cost you your freedom and getting a lawyer can protect you from many prosecutorial misconducts.

Remember that prosecutors can use all the tricks they know to take advantage of your ignorance in order to win a case. For example, they can coerce you to agree to an unfair bargain, even if you are innocent and your case is easily winnable.

Trial Support

Being tried is a stressful event in one’s life. Even if your case is just a small misdemeanor, it could trigger anxiety or panic attacks. A lawyer can be there to provide you with professional and emotional support while you are in a courtroom.

Lighter Sentences and Better Plea Bargains

A lawyer can help you receive a lighter sentence or get better plea bargains. He can also help you expunge your records to make sure that the charges against you will not ruin your future and will not take away your rights as a citizen.

The blog post How a Criminal Attorney Can Help You 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 http://www.criminal-duiattorney.com/blog/criminal/how-a-criminal-attorney-can-help-you/