How is it Possible to have Drug-Related Cases Dismissed?

What are Some Possible Situations Where a Drug Case Can Be Dismissed?

It may seem like a hopeless case to some, but there are several ways to have drug-related cases dismissed. In this article, you will learn about nine of the top strategies.

Question the Evidence and how it was Obtained

Prove that the officer didn’t have probable cause to search or arrest you. Don’t be fooled into thinking you can’t say no when an officer says that he/she needs to search for drugs in your person, vehicle, or home.

If the officer continued after you refused, any evidence found would not be accepted in court.

Prove that You’re not Involved

You might have been in possession of drugs because of external circumstances and not because you really own them. For example, someone may have placed drugs in your bag by mistake, or you may have borrowed a relative’s car without knowing he had bags of marijuana in it.

You must provide evidence that you are not involved with the crime. A lawyer can help you gather proof and present it convincingly in court.

Prove that a Substance is Not an Illicit Drug

Other people may mistake certain things to be drugs. The following things have been mistaken for drugs before:

  • Cat litter
  • Baking soda
  • Dough
  • Donut glaze
  • Candies
  • Herbs and spices

You can have charges dropped by sending the substance to a lab so that they can analyze it. At the very least, this will delay the trial as the prosecutor needs to wait until the lab technician is available.

Confront the Accuser

Police will try to keep their informants secret. But, under the Sixth Amendment, you have the right to confront the person who is accusing you.

The attorney may give you a better deal to avoid putting the informant into the public eye. You can also gain sympathy when the informant is confidential. People may react negatively when they learn that the accuser is someone who is unknown and may have sinister motives.

Defend Against Entrapment

Entrapment is when a person is pressured to do something that he/she would not do otherwise. This strategy can be used if an undercover agent teamed up with an informant and pressured somebody, leading that person into getting caught doing something he/she wouldn’t normally do.

Request Amendment

Request that the charge be amended before the case has been resolved. This can be done with some negotiation with the state attorney. You have to act fast for this, so you need to contact a clever lawyer as soon as you can.

Offer Substantial Assistance

Offering something that will help law enforcement may convince them to decrease the penalties they will give you. For example, you can give valuable information to the detective that will help them catch drug dealers.

Join the Deferred Prosecution Program

Some states offer deferred prosecution programs for certain people. Following the instructions for a given period can result in the dropping of charges.

Receive Drug Treatments

You can avoid prison time by receiving drug treatments. You may have to spend a lot of time in a health facility, but this is better than being incarcerated.

One Important Reminder

Whatever strategy you choose, it’s vital that you find a lawyer who’s experienced in saving clients from drug charges—and this is why you should consider calling Gary L. Rohlwing’s law office if you haven’t found one yet.

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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.

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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.

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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.

 

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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.

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