Author Archives: Gary Rohlwing

Telling Your Employer About a DUI in Arizona

One of the things that most people who get arrested for driving under influence wonder about, is whether or not they should tell their boss about it. The best advice would differ, depending on the circumstances. First of all, when you get arrested or you’re charged with a crime, it is a personal matter. Generally, you won’t need to get your employer involved. However, there could be an issue if there are work-related circumstances involved. Also, you need to note that arrest and accusation are different from actually being convicted or sentenced for a crime. These are the things that you need to consider when weighing whether or not you should disclose the incident to your employer. Work-related circumstances Generally, you won’t have to disclose everything to your employer. After all, privacy is a constitutionally protected right. However, under certain work-related circumstances, you might be obliged to let them know. For instance, when your job involves driving or when you have been issued a company service vehicle. In this case, it is generally required that you disclose facts about the DUI incident to your employer. You should also check for company policy. Rules about disclosing arrests or conviction of a crime would vary depending on your company. Most companies only require disclosure of major crimes, especially those that involve moral turpitude or grave dishonesty. For other, less serious crimes like DUI, they may not require full disclosure. It is also likely to depend on the position that you hold. If you’re a company driver or a salesman who drives around at work, then it is highly probable that your company requires disclosure of such incidents. These policies are usually found in various documents including employment contracts and employee handbooks. Bear in mind that non-disclosure, especially if you were required to do so, could actually have grave consequences. Some policies provide that the employee can be terminated due to the concealment of a material fact. For this reason, it is very important to assess and review everything carefully. Asking for legal assistance from reputable lawyers like the Law Offices of Gary L. Rohlwing would be a big help. A lawyer can help you sift through all the company policies, rules, and laws in order to arrive at a solution that’s most beneficial to you. Accusation vs. Conviction As mentioned before, you should bear in mind that there is a huge distinction between accusation and conviction. Once arrested and taken in, you are accused of said crime under DUI laws. However, you would have to undergo legal processes to determine whether or not you are indeed guilty of DUI and what penalty is to be imposed. When it comes to disclosing these matters to your employer, you should consider whether you have simply been accused or if you have already been convicted of DUI. More often than not, it is good to be honest and disclose everything to your employer. However, when there are serious consequences involved, it is best to weigh … Continue reading

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Penalties for Possession of Drugs for Sale in Arizona

Criminal law prescribes different penalties when you get caught in possession of illegal drugs. These penalties usually depend on the amount of illicit substance that you possess at the time of the arrest. They could either charge you with mere possession or with possession of drugs for sale. If you have more than the threshold amount set by law, it is presumed that you intend to sell the excess. In such cases, you will likely be charged with possession of drugs for sale. Arizona law categorizes illegal drugs into three groups – dangerous drugs, narcotics, and marijuana. Under the dangerous drugs classification are the likes of ecstasy, LSD, methamphetamine, lorazepam, clonazepam, GHB, mescaline, and steroids. Meanwhile, heroin, cocaine, morphine, opium, oxycodone, and the like are classified as narcotics. Determining Intent As earlier stated, the volume of the substance found in your possession is the determining factor to indicate intent. There is what we call a statutory threshold. Possession of the illicit substance above the prescribed statutory threshold would indicate that you do not have the substance merely for personal use but actually intend to sell it. Under Arizona law, the following are the threshold amounts for common prohibited drugs: Lysergic acid diethylamide (LSD): .5 milliliter PCP: 4 grams Methamphetamine: 9 grams Amphetamine: 9 grams Heroin: 1 gram Cocaine: 9 grams Marijuana: 907 grams   Meanwhile, it’s a different story when it comes to determining intent to sell prescription drugs as a felony. In such cases, legal amounts of the prescription drug are taken on a case to case basis. It would depend on your medical and criminal history, the nature of the drug, and other considerations. Possible Penalties When caught carrying marijuana with a volume anywhere between 2 to 4 pounds, it is considered a class 5 felony under Arizona law. If you are caught with an amount above 4 pounds, it is considered a class 4 felony. The sentence prescribed for a class 5 felony is a maximum prison term of 2.5 years. Meanwhile, the maximum term for class 4 felonies is 3.75 years. On the other hand, when you are caught possessing volumes of illegal drugs that are beyond the threshold, you are deemed to have intent to sell the substance. Possession of marijuana for sale in Arizona is classified as a class 2 felony. Class 2 felonies carry a minimum sentence of 2 years imprisonment and a maximum of 12.5 years. On the other hand, possessing prescription drugs usually carry a lighter penalty. when caught possessing prescription drugs with intent to sell, it is considered as a class 6 felony which carries a maximum prison term of 1.5 years and a $1,000 fine. Along with the possible prison terms, other penalties such as community service, fines, and probation may also be imposed when it comes to these drug-related crimes. Worthy of mention is the fact that Arizona courts are likely to rule in favor of first-time offenders and those suffering from drug addiction. Most would be placed … Continue reading

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The Real Damage of False Criminal Accusations

Being falsely accused of a criminal act is one of the worst things that could happen to anyone. It can ruin your life. Plus it’s a waste of time, resources, and energy. When someone is falsely accused and charged with that crime, there are only two possible outcomes: The falsely accused is exonerated and proclaimed innocent The falsely accused is wrongly convicted and sentenced to serve jail time The first outcome is what most falsely accused defendants hope for. They believe that the truth will always prevail. However, some of those who are falsely accused are found guilty and serve severe punishments, and these people lose the peaceful life for which they worked so hard. They lose their jobs, their homes, their families, and their friends. People lose trust in them, and they feel helpless because there’s nothing they can do. When one is falsely accused, it is important to find the right people to help. Circumstances Where Someone Might be Falsely Accused of Crimes There are various reasons why, and scenarios in which someone might be falsely accused of a crime. Many of the prevalent crimes in which people are found to have been falsely accused are sex crimes. These crimes include rape, attempted rape, and other forms of sexual assault. A person may be wrongfully accused of sexual assault when: The victim or witness has mistakenly identified the accused as the criminal The accused is currently in a tumultuous relationship and their partners falsely accuses them of sexual assault to inflict pain and suffering The accused has had a sexual encounter with someone who proposed casual sex and then used that encounter to frame them for rape or sexual assault Other than sex crimes, false criminal accusations can also be commonly found in divorce cases. Often, the opposing parties opt to play dirty tricks against each other in order to get the upper hand. Domestic violence is the most common type of false accusation used in divorce trials. Other criminal acts that may be brought up in divorce cases include the following: Sexual abuse Child abuse Drug use Illegal acts Promiscuity or adultery Whatever the intentions of the complainant are, making false criminal accusations can drastically change someone’s life. Most of the time, even if proven innocent, they have difficulty getting their old life back. What to Do When Faced with a False Criminal Accusation When you are faced with a false criminal accusation, you SHOULD NOT do the following: Try to talk to the complainant (alleged victim) or witness Talk to officers without a lawyer present Volunteer to any kind of testing or permit searching without legal counsel Destroy or tamper with any evidence React violently or disorderly towards the complainant or the officers Instead, you SHOULD do the following: Insist on your right to remain silent Call for a lawyer or attorney to represent you Gather any physical evidence including documents and records of communications Demand for search warrants before accommodating any search party List names … Continue reading

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Is a DUI a Felony in Arizona?

  If caught driving under the influence of alcohol with a blood-alcohol content above the legal limit, you will likely be arrested. Arizona DUI laws also cover driving under the influence of illegal drugs. Blood-Alcohol Content Limits The standard DUI limit in Arizona is a blood-alcohol content of 0.08 percent. As to how many bottles or how many shots of alcoholic drinks it takes to reach this level, it varies from person to person. Blood-alcohol content is affected not only by the type and amount of alcoholic beverage consumed, but also by gender, weight, and the amount of time that you’ve been drinking. Nonetheless, the bottom line is, a blood-alcohol content above the statutory limit would make you too drunk to drive. Possible Penalties Arizona DUI Law takes into account different blood-alcohol content levels along with other factors. These factors include previous arrests and/or conviction, and whether or not there were minor passengers at the time of the arrest. Standard DUI First offense: The first time you are arrested with a standard DUI of 0.08+, you can receive 10 days of jail time. Along with this, you may be fined up to $1,500, plus jail costs and an $80 monitoring fee. You will be required to undergo screening and counseling. You could also get a 90-day suspension or one-year revocation of your driver’s license. Standard DUI Second Offense: The second time you’re caught driving while intoxicated with a blood-alcohol content over 0.08, you will be made to serve 9 days in jail. The fine is about $3,500 with jail/home detention costs and an $80 monitoring fee. You will also be required to undergo screening and counseling. Your license will be revoked for one year and you’ll have to serve 30 hours of community service. First offense for extreme DUI: An extreme DUI of 0.15+ could lead to 30 days jail time. Along with this, you will also be fined about $2,780, plus jail/home detention costs, and an $80 monitoring fee. Screening and counseling are required and you will also receive a 90-day MVD suspension. Second offense for extreme DUI: The second time you are arrested with severely high alcohol content levels, you have to serve 120 days in jail. Fines would run to about $3,740, plus jail/home detention costs and an $80 monitoring fee. You will be required to undergo screening and counseling and receive a 1-year revocation of your MVD. You will also be required to serve 30 hours of community service. First offense for super extreme DUI: The first time you are arrested with a super extreme DUI of 0.20+, the possible jail time is set at 45 days. You will also have to pay fines averaging at $3,240, along with jail/home detention costs and an $80 monitoring fee. You will have to undergo screening and counseling, along with a 90-day MVD suspension. Second offense for super extreme DUI: The second time you’re caught at this level of intoxication, jail time is raised to 180 days and the … Continue reading

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How Do You Know If You Are Under Criminal Investigation?

Have You Committed a Crime? Signs You May Be Under Investigation You will likely be investigated if you’ve done something that may be considered a crime. Be on the alert because the police might be wiretapping you or observing your actions. If you associate with people who have been arrested, it’s possible that you may be, too. This is why you should be updated about what’s happening in your circle. Always Be on the Lookout Pay closer attention to your surroundings. You may notice people following you. Have your telephone box checked. Consider using counter-surveillance devices—these can detect spying equipment. If you don’t have dogs, think about getting some. They will alert you if someone’s lurking around your premises. They will also prevent them from breaking into your home and installing bugs. Ask around. People around you may have heard about an investigation or noticed strange individuals. You can ask some of your friends to stay on the lookout. Avoid giving out incriminating information online or over the phone. Police may have access to your devices. Be careful of throwing away evidence as well, because they might check your trash. Tendencies of Authorities Generally, you will not be told that you are under investigation unless they want to talk to you and ask specific questions. When they do call you, they have probably already gathered data, and they only want to confirm their conclusions. Police might show up at your home, or you may be invited to talk with a detective. When they’ve managed to corner you, avoid lying. It’s a crime to do so. Just keep quiet and say that you need to consult your lawyer first. When the police come, they might show a search warrant. Do not let them search if they don’t. You can refuse if they didn’t give a good enough reason for a search. If you’re a government employee, you may be requested to go to the Office of the Inspector General (OIG), or an OIG agent may talk to you. This may mean you’re being investigated for something. Learn about some ways to deal with the stress if you are under investigation. Of Letters and Records You may receive a subpoena or a target letter. This is evidence that you’re under criminal investigation. If no one has contacted you yet, you could ask a private investigator to check criminal databases. Investigators would have clearances that help them access records not available to the public. Visit the district attorney’s office to know if you have a pending court case. However, you shouldn’t normally have to do this because they will send you a notice to appear in court. Call your local police department and ask if someone has filed charges against you. Again, they don’t have to inform you if you are currently being investigated. If there’s a police report, you may request a copy. This document will tell you details such as what the nature of the case is, when and where it … Continue reading

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