Category Archives: DUI

What Are the Sentencing Ranges for a First Time Felony Offender in Arizona?

Arizona crimes are divided into two categories: misdemeanors and felonies. Misdemeanors are usually handled by cities, towns, and justice courts and have less serious penalties. Felonies are usually handled by the relevant county superior court and have more serious penalties. Besides serving time in prison, a felony conviction effectively deprives a person of his or her right to vote for a period of time and his or her Second Amendment gun rights permanently. The State of Arizona further breaks down felony charges into six different classes, with Class 1 being the most severe. The class of felony depends on what crime has been committed under Title 13 of the Arizona Revised Statutes and the prior record of the individual. The sentencing ranges for a first time felony offender in Arizona are discussed below. Get in touch with Gary L. Rohlwing Law Offices today and take advantage of our free initial consultation. First and second-degree murder are the only two charges that fall within Class 1.  First-degree murder is more severe with a sentence of either life imprisonment or death. Those convicted of second-degree murder will serve 10-22 years incarcerated in an Arizona prison. A judge will sentence a first time offender who is convicted of a Class 2 through 6 felony to a mitigated, minimum, presumptive, maximum or aggravated term of imprisonment according to A.R.S. § 13-702(D). What type of sentence a person receives is heavily dependent on the facts of the case, mitigating factors presented by the defense attorney, and aggravating factors presented by the prosecutor at sentencing. Any sentence in excess of 1 year incarceration is usually served in an Arizona prison. Besides prison time, a judge may also impose fines and restitution if there are any victims.     Class 2 felonies have a mitigated sentence of 3 years, minimum sentence of 4 years, presumptive sentence of 5 years, maximum sentence of 10 years, and an aggravated sentence of 12.5 years. Class 3 felonies have a mitigated sentence of 2 years, minimum sentence of 2.5 years, presumptive sentence of 3.5 years, maximum sentence of 7 years, and an aggravated sentence of 8.75 years. Class 4 felonies have a mitigated sentence of 1 year, minimum sentence of 1.5 years, presumptive sentence of 2.5 years, maximum sentence of 3 years, and an aggravated sentence of 3.75 years. Class 5 felonies have a mitigated sentence of .5 years, minimum sentence of .75 years, presumptive sentence of 1.5 years, maximum sentence of 2 years, and an aggravated sentence of 2.5 years. Class 6 felonies have a mitigated sentence of .33 years, minimum sentence of .5 years, presumptive sentence of 1 year, maximum sentence of 1.5 years and an aggravated sentence of 2 years. Sometimes, a judge can designate a Class 6 felony conviction as a misdemeanor conviction upon the successful completion of probation or other court-ordered programs.   What Class is an Aggravated DUI Aggravated DUI is a Class 6 felony if a person had a passenger under age 15 in the … Continue reading

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Why Hire an Experienced DUI Lawyer

Most people charged with DUI are more worried about being forced to attend counselling sessions and the effects of a DUI conviction on their driver’s licenses. They need to be fully aware of all repercussions of a DUI conviction that can potentially change their lives forever such as jail time, job loss, and financial difficulties.     How a Competent DUI Lawyer Can Help Rushing to accept a plea offer without fully understanding the repercussions is definitely not a sound strategy. More often than not, this will result in grave consequences for you and your loved ones. Only a competent DUI lawyer can identify all the existing problems in the State’s case. While there are lawyers who choose the easy way out, you need a lawyer who has vast experience with DUI cases. Attorney Gary L. Rohlwing has been in practice for more than three decades and knows exactly what to do in all types of DUI cases. When the State gives him a plea offer, he immediately informs the client and details all the possible consequences that may arise based on his in depth experience.  He wants the client to be totally informed about the offer and what accepting the offer means. This way, the client can decide what will benefit him the most. When faced with a DUI charge, the most important consideration is to find a way to minimize the impact of the case on the client and his family. Thus, working with a lawyer with substantial experience in DUI cases is imperative. Experienced lawyers like Gary Rohlwing and Associates can help minimize the adverse effects on the people involved.   Why Talk to An Experienced Lawyer About Your Case If you are charged with DUI, your first step is to talk to a DUI attorney immediately to discuss your options. Time is of the essence. The longer you wait, the more difficult it will be to defend your case and work for your acquittal. A graduate of the University of Arizona Law School and a member of the State Bar of Arizona, Attorney Gary L. Rohlwing has handled over 3000 cases over the course of his practice. A compassionate lawyer, he handles all his cases personally and gives them the proper attention and time they deserve. With Gary Rohlwing on your side, you can rest assured that your case is in capable and caring hands.     Law Offices of Gary L. Rohlwing Practice Areas – Additional Resources: DUI Attorney Surprise – www.criminal-duiattorney.com/how-gary-rohlwing-can-help-you-with-your-dui-charges-in-surprise-az.html DUI Lawyer Peoria – www.criminal-duiattorney.com/benefits-of-hiring-a-dui-attorney.html DUI Defense Goodyear – www.criminal-duiattorney.com/when-do-you-need-a-dui-attorney.html DUI Attorney Glendale – www.criminal-duiattorney.com/duiattorney.html DUI Legal Defense Buckeye – www.criminal-duiattorney.com/why-choose-gary-rohlwing-as-your-drunk-driving-lawyer-buckeye.html

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Why You Need to Hire Gary Rohlwing in Surprise as Your DUI Lawyer

Are You Looking For a Driving Under the Influence Lawyer? If you are charged with DUI in Surprise, AZ, you can opt to proceed without a DUI lawyer. However, representing yourself is unwise and risky. A wise man once said, “A man who represents himself in court has a fool for a client.” In fact, most DUI attorneys consider representing yourself as a sure ticket to a DUI conviction because it allows an experienced prosecutor to easily convict you. Successfully defending an Arizona DUI charge experience is a complicated legal matter that should not be taken lightly. Only a lawyer with extensive trial and courtroom experience showing a proven track record of defending DUI cases offers a chance of having the charge dismissed. Highly experienced lawyers like Gary Rohlwing and Associates provide the following compelling benefits when you hire them to defend you for a DUI charge in Surprise:   You can prevent unintentionally waiving any of your constitutional rights that you can use for your defense; You will be able to see all possible defense strategies and properly assess what has the best chances of getting you acquitted; You will be able to recognize and use material evidence that can support a sound DUI defense strategy. Many factors contribute to the materiality of evidence beyond your blood or breathalyzer test results; You will avoid inadvertently doing or saying something that may jeopardize your defense; You will remain objective and detached when examining the evidence and facts of the case; You will not be led into an evidentiary trap by the prosecution. Many defendants fall prey and only realize later after much damage has been done;   You will be able to recognize the flaws or weaknesses in the prosecution’s case that may help strengthen your case and lead to an acquittal; You will not miss any procedural arguments, deadlines, procedures, or guidelines that need to be followed by the police or prosecution. These may adversely affect your defense if overlooked. Many DUI cases have been dropped because of protocol violations or procedural errors committed by the prosecution or police; You will not be deceived by any misrepresentations because of the tough and constantly evolving AZ DUI laws; and You will appreciate the importance of filing motions early. DUI cases are dismissed on a daily basis because of defense motions filed by a DUI attorney. The stakes in a DUI charge are high. It does not matter if you got arrested for a felony DUI or a misdemeanour DUI; the adverse consequences can forever change your life. The DUI laws and penalties in AZ are among the toughest in the United States. These penalties include vehicle interlock devices, mandatory jail or prison terms, and high court fines. A DUI conviction in Surprise may also entail revocation or suspension of your driver’s license, probation, participation in alcohol/drug intervention programs, and a permanent mark in your criminal records. You want to hire an experienced DUI attorney in Surprise, AZ to help represent … Continue reading

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Find A DUI Attorney In Glendale, Arizona

If you have been arrested for any of the drunk driving offenses, including driving under the influence (DUI), you need to find a good DUI attorney as soon as possible. Skilled attorneys regularly negotiate reduced pleas. Their clients are more likely to keep their driver’s license and are less likely to do jail time.   What To Look For In A DUI Attorney In Glendale, AZ DUI charges are criminal matters and require the services of a criminal attorney. However, because these cases are often quite intricate and require a solid understanding of traffic law as well as details about the tests and equipment (Breathalyzers, chemical and blood tests) used during traffic stops in addition to a solid background in criminal law, the best attorney is one who maintains a specialty in this area. In addition to having criminal and traffic law expertise, it is vital that your attorney be familiar with local traffic laws as well. Local attorneys are more likely to have established relationships with judges and prosecutors working in the community. In Glendale, many citizens turn to the Law Offices of Gary L Rohlwing for precisely these reasons. They receive the benefit of working with a locally based attorney with extensive experience in the field of DUI law. Learn more about the DUI legal services the Law Offices of Gary L. Rolhwing offers.   Be Prepared To Ask Your Attorney These Questions Prior to hiring an attorney, you need to do some research on their background. Come to the interview prepared to ask the following: * When and where did you go to law school and how long have you been practicing criminal law in this area? * Are you a member of the bar and which professional organizations are you a member of? * How many DUI cases do you personally handle each year and will you be the attorney working on my case? * Have you ever dealt with the prosecutor handling my case and how often have you worked at the court house where my case will be tried? * How do you generally handle cases? Are you able to negotiate plea agreements are do you take most cases to trial?   Once you have hired your lawyer and have gone over the particulars of your case with him, it is time to ask more questions.   To understand where you stand, ask these additional questions: * How does my case look? Is there any way to negotiate a plea agreement or should I plead guilty? * Is going to trial a good option for me? * Are there portions of my case that are favorable? Which parts are not favorable? * What happens at different stages of the legal process? * How can I get in touch with you if I have questions? Will you keep me updated?   Spotting A Bad DUI Attorney Now that you know what to look for in a good DUI attorney, the next step is learning how … Continue reading

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