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	<title>Munoz Law Office</title>
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		<title>The Rights of Non-Citizens in the Arizona Criminal Process</title>
		<link>http://www.fightduiarizona.com/the-rights-of-non-citizens-in-the-arizona-criminal-process/</link>
		<comments>http://www.fightduiarizona.com/the-rights-of-non-citizens-in-the-arizona-criminal-process/#comments</comments>
		<pubDate>Mon, 19 Mar 2012 13:48:19 +0000</pubDate>
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				<category><![CDATA[Criminal Law Blog]]></category>

		<guid isPermaLink="false">http://www.fightduiarizona.com/?p=1112</guid>
		<description><![CDATA[Being arrested in Arizona is a terrifying experience no matter who you are. How could it not be? Most likely, you’ll have an intimidating Arizona law enforcement officer put cuffs on you and place you in the back of a squad car while reading you rights that you’re probably not even able to pay much attention to. Then you’ll be taken down to the local precinct for booking, where you’ll be photographed, fingerprinted, have your belongings removed, and have all of your information entered into the police log – all with little information about what’s going to happen to you, how long everything will take, and when you’ll be allowed to talk to someone or see a friendly face. Your only real defense is to keep quiet other than asking to see an experienced Arizona criminal attorney and requesting to make your phone call. Now imagine that you’re a non-citizen.<br /><a href="http://www.fightduiarizona.com/the-rights-of-non-citizens-in-the-arizona-criminal-process/" class="anchor">Read More...</a>]]></description>
			<content:encoded><![CDATA[<p>Being arrested in Arizona is a terrifying experience no matter who you are. How could it not be? Most likely, you’ll have an intimidating Arizona law enforcement officer put cuffs on you and place you in the back of a squad car while reading you rights that you’re probably not even able to pay much attention to. Then you’ll be taken down to the local precinct for booking, where you’ll be photographed, fingerprinted, have your belongings removed, and have all of your information entered into the police log – all with little information about what’s going to happen to you, how long everything will take, and when you’ll be allowed to talk to someone or see a friendly face. Your only real defense is to keep quiet other than asking to see an <a href="http://www.fightduiarizona.com/text-mike-now/">experienced Arizona criminal attorney</a> and requesting to make your phone call.</p>
<p>Now imagine that you’re a non-citizen. Besides the fear of losing your job, embarrassing your family, and possibly even going to jail, you’re probably worried that you’re going to be deported or not given the same fair trial that every United States citizen is entitled to receive. Because of this, it’s likely that you’ll be far more inclined to want to make a deal with law enforcement and give yourself up – even if you didn’t actually commit the crime! – just to avoid having those horrible fears realized.</p>
<p>Don’t do it. Non-citizens in Arizona have the same rights as other people in the criminal process, and you shouldn’t let anyone tell you otherwise or try to intimidate you out of those rights.</p>
<p><strong>Non-Citizens and Citizens Have the Same Criminal Rights in Arizona</strong></p>
<p><strong> </strong></p>
<p>Though it’s true that illegal aliens and other non-citizens don’t have every right granted under the U.S. Constitution, such as the right to vote or possess firearms, the U.S. Supreme Court has consistently agreed that when non-citizens are charged with a crime, they are guaranteed the same rights that U.S. citizens are guaranteed in criminal court. These include, but are not limited to: the right to a speedy trial, the right to remain silent, and the right to be represented by an attorney – even if they cannot afford an attorney on their own.</p>
<p>Where non-citizens need to be careful is in the involvement of immigration authorities. Often, when Arizona police officers suspect that people are non-citizens, they will turn them over to immigration authorities. It is possible that an immigrant agent may even be permanently posted at the jail you are taken to for the express purpose of checking the status of everyone who is brought in. If your status as a non-citizen is discovered, you still retain the rights discussed above. Definitely speak to a lawyer, but also request to speak to your country’s consulate.</p>
<p>If, however, the police don’t seem to suspect that you are not a citizen of the U.S., you will have to decide whether or not to identify yourself. An experienced Arizona criminal attorney can help you with this decision, but generally a good rule of thumb is not to give out your name and address until you are given a promise to appear. This paperwork means that the police are going to release you from jail on the promise that you will return to stand trial for the crime of which you are accused. However, if the cops simply keep you in jail and don’t produce this document, there’s a strong likelihood that they are planning to turn you over to immigration. Under these circumstances, you should not give them your personal information.</p>
<p>It’s also important not to ask to contact your consulate until you are sure that the officers believe you are not a citizen and plan to hand you over to immigration. Doing so will only serve to alert them to your status. Instead, find a way to get in touch with your consulate indirectly, such as through family or friends. In this way, you will be prepared if the issue of immigration comes up, but not unnecessarily causing more problems for yourself.</p>
<p>The important thing is to not allow yourself to be bullied into believing that the police can do anything they want to you due to your status. This is why it is so important to get an experienced Arizona criminal attorney on your side as early as possible in the process. Only then will you have the best chance of a positive outcome.</p>
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		<title>Sentencing for Arizona Felonies</title>
		<link>http://www.fightduiarizona.com/sentencing-for-arizona-felonies/</link>
		<comments>http://www.fightduiarizona.com/sentencing-for-arizona-felonies/#comments</comments>
		<pubDate>Mon, 19 Mar 2012 13:44:53 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Criminal Law Blog]]></category>

		<guid isPermaLink="false">http://www.fightduiarizona.com/?p=1110</guid>
		<description><![CDATA[No matter what the actual charges are, if you or a loved one is arrested for a crime in Arizona, it’s serious business. Chances are, it will affect your work, your family – your entire future. At the very least, you’ll likely be facing fines, court costs, and probation of some sort, and the complexities of the Arizona legal system only make figuring out what’s going on that much more difficult. For your best chance at receiving a positive outcome, you need an experience Arizona criminal attorney fighting for your rights as early on in the process as possible. Good legal experts with experience trying cases like yours know just what to look for to lessen the charges against their clients and sometimes even get them dropped altogether. Having a good Arizona criminal lawyer is even more important when you are facing an Arizona felony. Felonies in Arizona have far<br /><a href="http://www.fightduiarizona.com/sentencing-for-arizona-felonies/" class="anchor">Read More...</a>]]></description>
			<content:encoded><![CDATA[<p>No matter what the actual charges are, if you or a loved one is arrested for a crime in Arizona, it’s serious business. Chances are, it will affect your work, your family – your entire future. At the very least, you’ll likely be facing fines, court costs, and probation of some sort, and the complexities of the Arizona legal system only make figuring out what’s going on that much more difficult. For your best chance at receiving a positive outcome, you need an experience Arizona criminal attorney fighting for your rights as early on in the process as possible. Good legal experts with experience trying cases like yours know just what to look for to lessen the charges against their clients and sometimes even get them dropped altogether.</p>
<p>Having a good Arizona criminal lawyer is even more important when you are facing an Arizona felony. Felonies in Arizona have far harsher penalties attached to them than misdemeanors, and all of them include the possibility of a minimum sentence in prison.</p>
<p><strong>Different Arizona Felonies Have Different Attached Sentences </strong></p>
<p>Knowing that a minimum prison sentence is always attached to an Arizona felony is very useful, but it still leaves a lot unanswered. Because all crimes are different and can include a host of mitigating factors, it can be incredibly difficult to know just what kind of penalties you’ll be facing for any particular crime.</p>
<p>A chart is published by the Arizona Supreme Court outlining the penalties for felony convictions in the state, supposedly to make it clear to Arizona citizens how various crimes are punished. But because they still use complicated graphs and jargon throughout the document, it’s almost impossible for a normal person who isn’t well-versed in Arizona law to understand it.</p>
<p>In order to understand – even in general – what kind of sentence will be imposed on a particular crime, there are a number of important things you need to know. The first thing to know is the class of felony. Arizona has six classes of felonies, with a Class 1 felony being the most serious (reserved for murders and other serious violent crimes) and a Class 6 felony being the least serious.</p>
<p>Other important terms to know are “<a href="http://www.fightduiarizona.com/arizona-dui-laws/dui-class-4-felony-aggravated-dui/">mitigating factors” and “aggravating factors</a>.” Even though every felony class has a minimum and maximum sentence time attached to it, the law allows for some leeway with these terms in either direction. What this means is that it is possible to get less than the “minimum” sentence if there are mitigating factors, or more than the “maximum” in the event of aggravating factors. And in the case of a first time offense, it is also possible that the judge won’t send the offender to prison at all, but rather give them a sentence of probation.</p>
<p><strong>Arizona Felony Sentencing by Class</strong></p>
<p>The 2008 Arizona Felony Sentencing Chart describes sentencing for the various felony classes in the following way:</p>
<p>Class 6 Felony</p>
<ul>
<li>Mitigated term – 1/3 of a year, or about four months</li>
<li>Minimum term – half a year</li>
<li>Presumptive or “average” term – 1 year</li>
<li>Maximum term – 1 ½ years</li>
<li>Aggravated term – 2 years</li>
</ul>
<p>Class 5 Felony</p>
<ul>
<li>Mitigated term – half a year</li>
<li>Minimum term – ¾ of a year, or about 9 months</li>
<li>Presumptive or “average” term – 1 ½ years</li>
<li>Maximum term – 2 years</li>
<li>Aggravated term – 2 ½ years</li>
</ul>
<p>Class 4 Felony</p>
<ul>
<li>Mitigated term – 1 year</li>
<li>Minimum term – 1 ½ years</li>
<li>Presumptive or “average” term – 2 ½ years</li>
<li>Maximum term – 3 years</li>
<li>Aggravated term – 3 ¾ years</li>
</ul>
<p>Class 3 Felony</p>
<ul>
<li>Mitigated term – 2 years</li>
<li>Minimum term – 2 ½ years</li>
<li>Presumptive or “average” term – 3 ½ years</li>
<li>Maximum term – 7 years</li>
<li>Aggravated term – 8 ¾ years</li>
</ul>
<p>Class 2 Felony</p>
<ul>
<li>Mitigated term – 3 years</li>
<li>Minimum term – 4 years</li>
<li>Presumptive or “average” term – 5 years</li>
<li>Maximum term – 10 years</li>
<li>Aggravated term – 12 ½ years</li>
</ul>
<p>Sentencing for Class 1 felonies is on an entirely different chart, and the penalties are far more severe than even the worst of these. Some Class 1 Arizona felonies can even be punished by the death penalty.</p>
<p>It’s never a good idea to roll the dice with your future when potential prison time is involved. If you or a loved one is facing an Arizona felony of any Class, contact an experienced <a href="http://www.fightduiarizona.com/">Arizona criminal attorney</a> today to start fighting for your rights.</p>
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		<title>Sentences and Fines for Arizona Misdemeanors</title>
		<link>http://www.fightduiarizona.com/sentences-and-fines-for-arizona-misdemeanors/</link>
		<comments>http://www.fightduiarizona.com/sentences-and-fines-for-arizona-misdemeanors/#comments</comments>
		<pubDate>Mon, 19 Mar 2012 13:41:03 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Criminal Law Blog]]></category>

		<guid isPermaLink="false">http://www.fightduiarizona.com/?p=1108</guid>
		<description><![CDATA[Generally, any time you or a loved one is charged with a crime in Arizona, it will be labeled as a felony, a misdemeanor, or a petty offense. Felony charges in Arizona cover the most serious of crimes – things like murder, rape, and other dangerous violent illegal activities, for example. Misdemeanor charges, in contrast, are often leveled against people for criminal activities that are considered “lighter” or “not as bad.” And petty offenses are the least serious of crimes, generally punishable by a fine and nothing else. Because misdemeanors are consider lighter, sometimes when people see that they are “only” being charged with a misdemeanor they will not believe it is necessary to fight the charges or to seek legal counsel on the matter. Or they might think that the cost involved in fighting the charges just isn’t worth it. They’ll just take their punishment and deal with it.<br /><a href="http://www.fightduiarizona.com/sentences-and-fines-for-arizona-misdemeanors/" class="anchor">Read More...</a>]]></description>
			<content:encoded><![CDATA[<p>Generally, any time you or a loved one is charged with a crime in Arizona, it will be labeled as a felony, a misdemeanor, or a petty offense. Felony charges in Arizona cover the most serious of crimes – things like murder, rape, and other dangerous violent illegal activities, for example. Misdemeanor charges, in contrast, are often leveled against people for criminal activities that are considered “lighter” or “not as bad.” And petty offenses are the least serious of crimes, generally punishable by a fine and nothing else.</p>
<p>Because misdemeanors are consider lighter, sometimes when people see that they are “only” being charged with a misdemeanor they will not believe it is necessary to fight the charges or to seek legal counsel on the matter. Or they might think that the cost involved in fighting the charges just isn’t worth it. They’ll just take their punishment and deal with it.</p>
<p>Unfortunately, as any good Arizona criminal attorney will tell you, though, there are no “good” crimes or “easy” punishments when you are talking about your future. Being convicted of even the most basic Arizona misdemeanors comes with fines and court costs, and many charges include some form of probation, restitution, community service, or counseling that will eat up your time and money more than you realize. And what most people don’t realize is that all Arizona misdemeanors do actually have the possibility of jail time, too. Suddenly that “lighter” charge probably isn’t looking so light. Arizona also divides misdemeanors up into different categories, so simply being charged with a misdemeanor doesn’t automatically tell you what kind of penalties you’ll be facing.</p>
<p><strong>Arizona Misdemeanor Classes Have Different Attached Sentences </strong></p>
<p>Merely being aware that all Arizona misdemeanors have the possibility of jail time is important, but it doesn’t begin to tell you everything. Not only are there three different classes of misdemeanors that individual crimes can fall into, each with a unique sentence attached by law, the specific circumstances of your crime can come into play as well. Mitigating factors might mean a lesser sentence, while aggravating factors could mean that you will receive one that is harsher than even the “maximum.”</p>
<p>If that sounds at all confusing, don’t worry – you’re in good company. Most people who aren’t directly involved in the law and legal proceedings can’t make heads or tails of the complex nature of the Arizona sentencing process. That’s why you need the knowledge and experience of an Arizona criminal attorney fighting on your side to ensure that you receive the best possible outcome. A good legal expert will walk you through the Arizona laws that pertain to your case and go over the possible penalty ranges you may face.</p>
<p>The first thing that it is important to know when trying to determine what punishment you could be facing for your misdemeanor charge is what class of misdemeanor you are being charged with. Arizona breaks down its misdemeanor charges by class like so:</p>
<p><strong>Class 3 Misdemeanor Charges</strong></p>
<p>The misdemeanors that fall under this class are considered the least serious of misdemeanor charges, and the penalties attached to them reflect that. Someone convicted of a Class 3 Misdemeanor will face up to 1 year of probation time, 30 days of jail time, and a $500 fine for a person (or a $2000 fine for an enterprise).</p>
<p><strong>Class 2 Misdemeanor Charges</strong></p>
<p>Misdemeanor charges that fall under this class are middle-range crimes, and the penalties attached to them also fall right in the middle of the other two classes. If you are convicted of a Class 2 Misdemeanor, you will face up to 2 years of probation time, 4 months of jail time, and a fine of $750 for a person (or a $10,000 fine for an enterprise).</p>
<p><strong>Class 1 Misdemeanor Charges</strong></p>
<p>The most serious class of misdemeanor crimes, Class 1 misdemeanors have the harshest possible penalties that you can receive for a misdemeanor offense. Anyone who is convicted of a Class 1 Misdemeanor will face the prospect of up to 3 years of probation time, 6 months of jail time, and a fine of $2500 for a person (or a $20,000 fine for an enterprise).</p>
<p>It should be noted that fines for all misdemeanor classes can also include surcharges, and that certain crimes, such as DUI misdemeanors, also come with mandatory minimum charges.</p>
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		<title>Plea Bargains in the State of Arizona</title>
		<link>http://www.fightduiarizona.com/plea-bargains-in-the-state-of-arizona/</link>
		<comments>http://www.fightduiarizona.com/plea-bargains-in-the-state-of-arizona/#comments</comments>
		<pubDate>Mon, 19 Mar 2012 13:38:29 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Criminal Law Blog]]></category>

		<guid isPermaLink="false">http://www.fightduiarizona.com/?p=1105</guid>
		<description><![CDATA[If you or a loved one is arrested for a crime in Arizona, you will be facing charges for your crime. Depending on the nature of the incident, those charges might be very minor – say, fines, court costs, and probation – or incredibly harsh – years spent in prison with the possibility of the death penalty. Most people know that more serious crimes are labeled felonies, while crimes of a less serious nature are charged as misdemeanors. All felonies in Arizona come with the possibility of some jail time, but the majority of misdemeanors do not. When you are arrested and charged, chances are that you are not thinking clearly. You’re scared about what’s happening and whether there’s anything that you can do to get out of it. How will this affect your job? Your family? Your life? You probably know from watching TV and movies that it is<br /><a href="http://www.fightduiarizona.com/plea-bargains-in-the-state-of-arizona/" class="anchor">Read More...</a>]]></description>
			<content:encoded><![CDATA[<p>If you or a loved one is <a href="http://www.fightduiarizona.com/">arrested for a crime in Arizona</a>, you will be facing charges for your crime. Depending on the nature of the incident, those charges might be very minor – say, fines, court costs, and probation – or incredibly harsh – years spent in prison with the possibility of the death penalty.</p>
<p>Most people know that more serious crimes are labeled felonies, while crimes of a less serious nature are charged as misdemeanors. All felonies in Arizona come with the possibility of some jail time, but the majority of misdemeanors do not.</p>
<p>When you are arrested and charged, chances are that you are not thinking clearly. You’re scared about what’s happening and whether there’s anything that you can do to get out of it. How will this affect your job? Your family? Your life?</p>
<p>You probably know from watching TV and movies that it is in your best interest to remain silent and request to talk to a lawyer, but when police officers are trying to intimidating you into talking – or sometimes even pretending to be on your side to get what they want – it can be difficult to remember that. They might try to convince you that there is no point to you talking to an experienced Arizona criminal attorney because your charges are so serious that no one will be able to get you off. Or they may make it seem like it’s not worth the effort on your part because the charges are “minor.”</p>
<p>Sometimes, the police will even attempt to get you to say you are guilty in exchange for charging you for a lesser offense. This is called a plea bargain, and you should never enter into one without seeking out the advice of a legal professional. There are no charges too big or too small that an experienced Arizona criminal attorney can’t help. Even in situations where law enforcement officers are trying to convince clients there’s no point of legal counsel, good lawyers have the ability to negotiate based on their knowledge of the law and can often get you a far better deal – sometimes even managing to have charges dropped altogether and the case dismissed. But even in situations where that isn’t possible, a knowledgeable Arizona criminal attorney can help with your plea bargain.</p>
<p><strong>How do Arizona plea bargains work?</strong></p>
<p>As mentioned above, a plea bargain in Arizona means that you are agreeing to plead guilty to the crime in exchange for the state giving you a less serious charge. If your attorney does not believe that he or she will be able to win the case outright, plea bargains are often a good alternative that can be seen as a “win” for both sides. The prosecution is happy because they can say that they got another conviction, and you’ll rest easier knowing that you avoiding the worst possible punishment for the crime you were charged with.</p>
<p>There are a number of different typical scenarios that can happen in a plea agreement. If you have been charged with multiple crimes, the prosecution will often agree to drop the more serious charges if you agree to say that you are guilty to a less serious one. Or, if you have prior conviction that could really make your sentence a harsh one, plea bargaining can mean that they will ignore those old convictions when sentencing in exchange for a guilty plea before trial.</p>
<p>As you might imagine, there’s a lot that goes into a plea agreement, and that’s why it’s important to have an experienced Arizona criminal attorney by your side throughout the process. During the plea bargaining process, good attorneys have the ability to do things like:</p>
<ul>
<li>Have a felony lowered to a      misdemeanor</li>
<li>Have a misdemeanor lowered      to a simple citation with attached fine</li>
<li>Turn mandatory prison time      into a much easier probation period</li>
</ul>
<p>It all depends on the strength of your Arizona attorney’s negotiating skills and the facts that he or she can uncover to weaken the case of the prosecution and make them fear going to court – something most people have trouble doing without a legal expert on their side.</p>
<p>In the event of a potential plea agreement, the prosecuting attorney will create a written plea agreement. Talk this over with your attorney. Deciding to take the plea will mean that a plea hearing is scheduled where the judge will question you to make sure you understand what it is you are agreeing to – no trial; you are admitting that you committed the crime and taking the punishment outlined in the plea. You will even have to recount the events of the night of the crime to the judge so that he or she can make sure that your actions actually do constitute a crime.</p>
<p>If the judge does not like the plea agreement for any reason, he or she has the right to reject it, but this doesn’t happen often. After your plea is accepted, you will be sentenced. For misdemeanor charges, sentencing will occur right then and there; for felony cases, sentencing does not occur until 30 days after the plea hearing.</p>
<p>For more information about plea bargaining in Arizona, contact an <a href="http://www.fightduiarizona.com/">experienced criminal attorney</a> today for help.</p>
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		<title>How Long Can You Be Held Before Bail Must Be Set in Arizona</title>
		<link>http://www.fightduiarizona.com/how-long-can-you-be-held-before-bail-must-be-set-in-arizona/</link>
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		<pubDate>Mon, 19 Mar 2012 13:35:13 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Criminal Law Blog]]></category>

		<guid isPermaLink="false">http://www.fightduiarizona.com/?p=1103</guid>
		<description><![CDATA[If you are arrested and put in jail, one of your first concerns will likely be how long it will be until you can leave. The first step towards going home is finding out what bail is required for your case. In the state of Arizona, you are entitled by law to have what is called an “initial appearance” in front of a judge within 24 hours of your arrest. During this hearing, bail will be set, you may be released on your own recognizance (O.R.), or the judge will decide to hold you without bail. Release on Your Own Recognizance in Arizona If the judge decides to release you on your own recognizance, this means that you are being released without supervision or a requirement to pay any bail. Typically, this happens if you are considered a low flight risk and the offense isn’t considered serious. The judge will<br /><a href="http://www.fightduiarizona.com/how-long-can-you-be-held-before-bail-must-be-set-in-arizona/" class="anchor">Read More...</a>]]></description>
			<content:encoded><![CDATA[<p>If you are arrested and put in jail, one of your first concerns will likely be how long it will be until you can leave. The first step towards going home is finding out what bail is required for your case. In the state of Arizona, you are entitled by law to have what is called an “initial appearance” in front of a judge within 24 hours of your arrest. During this hearing, bail will be set, you may be released on your own recognizance (O.R.), or the judge will decide to hold you without bail.</p>
<p><strong>Release on Your Own Recognizance in Arizona</strong></p>
<p>If the judge decides to release you on your own recognizance, this means that you are being released without supervision or a requirement to pay any bail. Typically, this happens if you are considered a low flight risk and the offense isn’t considered serious. The judge will take into consideration your criminal record, any prior failures to appear in court, and your connections to the community when making the decision.</p>
<p><strong>When Bail Is Set in Arizona</strong></p>
<p>However, if the charges are considered serious or the judge believes you might be a flight risk, then this is when your bail amount will be set. Although there are standard amounts of bail for different crimes, ultimately it is up to the judge’s discretion as to what the amount will be.</p>
<p>You may have the chance to ask a bail commissioner at your arraignment that the bail be reduced depending on the location of your arrest. If you want to make this request, then you should be prepared with reasons why they should do so. An experienced Arizona criminal defense lawyer can assist you in making a case for a lower bail amount. This can include focusing on your ties to the community and your financial inability to raise the amount of money. Some ties to the community that it can be good to show include the fact that you have a job, you have a family (such as a spouse, children, or parents) living in the community, the length of time you’ve resided in the area, a lack of a criminal record, or previous court appearances when accused of crimes.</p>
<p><strong>Being Held on No Bail in Arizona</strong></p>
<p>In rare cases, the judge will hold you without bail. For example, if you are believed to be a very high flight risk or the crime you are being accused of is incredibly serious, then you may have to remain in confinement throughout your trial. In this situation, it is possible to contest the judge’s decision and be released on bail at a later date, but you will need the help of an experienced Arizona criminal attorney to make the case for you.</p>
<p><strong>Other Conditions for Bail</strong></p>
<p><strong> </strong></p>
<p>Your bail can be revoked, and you can be arrested again and returned to jail if you do not comply with the conditions of release set out for your bail. Common bail conditions include the requirement that you “obey all laws,” or may have to do with the specific crime that you are accused of committing. For example, if you are a suspect in a domestic violence case, then you may be required not to contact the complaining witness.</p>
<p><strong>Hire an Arizona Criminal Attorney as Soon as Possible</strong></p>
<p>Under the 8<sup>th</sup> Amendment of the Constitution, the federal government is prohibited from imposing excessive bail. Know your rights. Remain silent, and ask to contact your lawyer as soon as possible. Having professional legal assistance this early in the process is your best bet at being released from jail on reasonable bail or of your own recognizance. Additionally, it will help increase your chances of a positive outcome during your trial since the lawyer can protect your rights from the beginning and start to investigate the matter promptly.</p>
<p>If you are released, it is important that you appear for all required court appearances. Not only can you be arrested again and end up in jail for the remainder of your trial, but you also will hurt your chances of bail if future situations arise.</p>
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		<title>What Are Arizona Bail Bondsmen?</title>
		<link>http://www.fightduiarizona.com/what-are-arizona-bail-bondsmen/</link>
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		<pubDate>Mon, 19 Mar 2012 13:32:38 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Criminal Law Blog]]></category>

		<guid isPermaLink="false">http://www.fightduiarizona.com/?p=1100</guid>
		<description><![CDATA[If you or a loved one is arrested in Arizona and charged with a crime, you will go through a number of different processes required by law. As any experienced Arizona criminal attorney can tell you, it starts with the actual arrest. Very likely, you will be handcuffed and placed in the back of a squad car by an officer of the law as he or she reads your rights to you. Then you will be taken down to the local precinct for booking. Once there, you will be searched, photographed, fingerprinted, and have your information recorded on the police logs before being questioned or placed in lockup while you await arraignment, where you are brought before a judge The state is legally required to hold your arraignment within a specific period of time or they have to let you go. At the arraignment, your charges will be read and<br /><a href="http://www.fightduiarizona.com/what-are-arizona-bail-bondsmen/" class="anchor">Read More...</a>]]></description>
			<content:encoded><![CDATA[<p>If you or a loved one is <a href="http://www.fightduiarizona.com/">arrested in Arizona and charged with a crime</a>, you will go through a number of different processes required by law.</p>
<p>As any experienced <a href="http://www.fightduiarizona.com/">Arizona criminal attorney</a> can tell you, it starts with the actual arrest. Very likely, you will be handcuffed and placed in the back of a squad car by an officer of the law as he or she reads your rights to you. Then you will be taken down to the local precinct for booking. Once there, you will be searched, photographed, fingerprinted, and have your information recorded on the police logs before being questioned or placed in lockup while you await arraignment, where you are brought before a judge</p>
<p>The state is legally required to hold your arraignment within a specific period of time or they have to let you go. At the arraignment, your charges will be read and the judge will determine your bail eligibility. What is bail? Essentially, it is money paid to the court and held in escrow. If you appear for your trial, you get the money back after it’s all over. If, however, you decide not to show up, you forfeit that money to the court, and they will put a bounty on you to attempt to find you and make you stand trial.</p>
<p>For certain very serious charges, or if it is determined that you are a flight risk, you may not be granted bail at all. Most good Arizona criminal attorneys know ways to fight this and will try to work to overturn the decision, but it doesn’t always work out. If this is the case for you, you will have to remain in confinement throughout your trial. Most people, however, do not suffer this fate. You will be granted bail, and the judge will tell you the amount.</p>
<p>Now, according to the Eighth Amendment to the United States Constitution, bail isn’t allowed to be excessive, but apparently the legal definition of excessive is a lot different from that of most people. Judges have to more or less stay in line with the bail amounts for each crime that have been determined by law in that area, but they still have a bit of leeway to ask for more money if they feel like it’s necessary, and some bail amounts are ridiculously high – over $100,000 in some cases!</p>
<p>Receiving a bail amount of $100,000 is rare, but it’s not uncommon at all to see bail set at $5,000 to $25,000. For most people, that isn’t just a lot of money – it’s <em>way</em> more than they can afford. All of which brings us to the need for Arizona bail bondsmen. When people can’t afford to pay the price of bail to get their loved one out of jail, they can turn to an Arizona bail bondsman to pay the money for them. How does it work? Read on.</p>
<p><strong>How Arizona Bail Bondsmen Work</strong></p>
<p>To use an Arizona bail bondsman, you will need to contact the bail agency and provide them with your information as well as information about the case. If they approve you, generally you will need to come up with 10 percent of the cost of bail and pay this amount to the bond company, as well as putting up collateral to cover the remaining cost of bail. If the person facing charges does not show up for their trial dates, bail bondsmen will come after you for the other 90 percent of the bail money, and if you don’t have it, they’ll take the collateral that you put up and use a bounty hunter or skip tracer to track down the person skipping out on the trial.</p>
<p>Either way, that 10 percent is gone. It’s a fee you’re paying the bondsmen, and for the ability to get out of jail, it’s more than fair. In fact, if a bondsman tries to solicit your business or offer you a discount you believe might be illegal, you should not trust them, and certainly shouldn’t agree to work with them. Shady practices abound, and you should always consult with your experienced Arizona criminal attorney before employing a bondsman or bond company. Your lawyer has been there and down this road before, and he or she can recommend reputable agencies to help you.</p>
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		<title>Breathalyzers and Residual Mouth Alcohol</title>
		<link>http://www.fightduiarizona.com/breathalyzers-and-residual-mouth-alcohol/</link>
		<comments>http://www.fightduiarizona.com/breathalyzers-and-residual-mouth-alcohol/#comments</comments>
		<pubDate>Fri, 16 Mar 2012 07:04:40 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Criminal Law Blog]]></category>

		<guid isPermaLink="false">http://www.fightduiarizona.com/?p=1097</guid>
		<description><![CDATA[To understand how residual alcohol in the mouth affects a breathalyzer reading, you first need to understand how breathalyzers work and what is &#8220;mouth alcohol&#8221;. When you drink alcohol, your body immediately starts to absorb it in the elementary canal, starting from the mouth, the stomach all the way to the intestines. When the body starts absorbing alcohol, it starts to rapidly distribute it in the blood. When the blood reaches the liver, alcohol is filtered and removed and passed through the alveoli in the lungs. A drunk person starts exhaling some alcohol with each breath as the lungs help to exhaust the alcohol out of the body. Enforcement officers and authorities use a device known as a breathalyzer to test the amount of exhausted alcohol to estimate the Blood Alcohol Content or BAC and determine if a person is above the allowed legal limit or not, which is set<br /><a href="http://www.fightduiarizona.com/breathalyzers-and-residual-mouth-alcohol/" class="anchor">Read More...</a>]]></description>
			<content:encoded><![CDATA[<p>To understand how residual alcohol in the mouth affects a breathalyzer reading, you first need to understand how breathalyzers work and what is &#8220;mouth alcohol&#8221;.</p>
<p>When you drink alcohol, your body immediately starts to absorb it in the elementary canal, starting from the mouth, the stomach all the way to the intestines. When the body starts absorbing alcohol, it starts to rapidly distribute it in the blood. When the blood reaches the liver, alcohol is filtered and removed and passed through the alveoli in the lungs. A drunk person starts exhaling some alcohol with each breath as the lungs help to exhaust the alcohol out of the body.</p>
<p>Enforcement officers and authorities use a device known as a breathalyzer to test the amount of exhausted alcohol to estimate the Blood Alcohol Content or BAC and determine if a person is above the allowed legal limit or not, which is set to 0.08% in all states. The handheld breathalyzers make the assumption that the air blown into the mouthpiece is coming directly from the alveoli, or deep from the lungs. This causes a problem if the person has residual alcohol in the mouth, and gives a higher than normal reading.</p>
<p><strong>What is mouth alcohol?</strong></p>
<p>The presence of alcohol in the mouth is the most common cause of falsely high breatalyzer readings. Common causes of mouth alcohol include recent drinking, belching, burping, hiccups and vomit. Use of dentures and the presence of dental caps or bridges may also result in mouth alcohol as it can trap it in tiny crevices in the mouth. People suffering from Gastroesophageal reflux disease or GERD may also give a higher reading as GERD causes acid reflux which releases stomach liquids into the throat and mouth. Use of certain drugs, cough medicines like NyQuil, chewing gums, mouthwashes like Listerine and breath fresheners can also give a higher reading on the breathalyzer as they contain small levels of alcohol. Therefore, law enforcement officials have to wait 15 minutes prior to testing to ensure that there is no residual mouth alcohol.</p>
<p>For accurate testing, it is also necessary to ensure that the subject has not consumed food or alcohol in those 15 minutes, burped, belched or vomited during that time. When conducting a breathalyzer test, certified breath-test operators have to observe the subject carefully. In the case the subject burps or belches, another 15-20 minutes have to be given before taking the test to allow mouth alcohol to dissipate. This ensures that the breath sample contains pure lung air, or as close to it as possible and is free from contaminants, including alcohol.</p>
<p><strong>Using Breathalyzer Inaccuracy as argument in a DUI case</strong></p>
<p>Recent studies show that breath testing is a very inaccurate method for measuring BAC in DUI cases. Although not as accurate and reliable as blood tests, breath tests are still regarded as acceptably accurate for use in DUI investigations if they are administered correctly.</p>
<p>Breath testing instruments have to be re-calibrated over time to maintain accuracy. Calibration is the process of checking and adjusting the accuracy of the breathalyzer by comparing its results with a known value. All handheld breathalyzers used on the roads to carry breath tests should have FDA approval. This means that the FDA tested it and approved it for use. Approvals by the DOT (Department of Transportation), NHTSA (National Highway Traffic Safety Administration) and U S Coast Guard also provide confirmation on the accuracy levels of the breathalyzer.</p>
<p>If you were asked to take a breath test and scored above the legal limit, which resulted in you being arrested for DUI and charged with drunk driving, your lawyer can challenge the results of the breath test. Similarly, if you have a health problem which can lead to mouth alcohol, you can discuss the issue with your DUI defense attorney who will use it in your favor in court. Defending a DUI charge is a tricky and serious matter, so you must get help from a professional and experienced DUI defense attorney to protect your rights and have the charges reduced or dismissed.</p>
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		<title>Crash in Chandler Leads to Attempted Carjacking</title>
		<link>http://www.fightduiarizona.com/crash-in-chandler-leads-to-attempted-carjacking/</link>
		<comments>http://www.fightduiarizona.com/crash-in-chandler-leads-to-attempted-carjacking/#comments</comments>
		<pubDate>Mon, 16 Jan 2012 18:13:00 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.fightduiarizona.com/?p=1092</guid>
		<description><![CDATA[On Wednesday night a 46-year old Phoenix area resident had a harrowing experience in Chandler.  While out driving in a quiet area near Chandler Gilbert Community College she was suddenly rear-ended by a dark colored Nissan truck.  The truck raced up behind her from out of nowhere for her description. She chose to drive forward to one of the community college entrances with the truck following closely behind.  She assumed they would examine the damages, exchange information, and then both go on their way.  Then this accident took a sudden twist which shocked her and has the police dismayed. Upon exiting her car she was quickly tackled to the ground by a thin white male approximately 6 feet tall.  He began yelling obscenities at her and demanding she had over her car keys.  She resisted which resulted in him pulling out a knife and cutting her several times on the<br /><a href="http://www.fightduiarizona.com/crash-in-chandler-leads-to-attempted-carjacking/" class="anchor">Read More...</a>]]></description>
			<content:encoded><![CDATA[<p>On Wednesday night a 46-year old Phoenix area resident had a harrowing experience in Chandler.  While out driving in a quiet area near Chandler Gilbert Community College she was suddenly rear-ended by a dark colored Nissan truck.  The truck raced up behind her from out of nowhere for her description.</p>
<p>She chose to drive forward to one of the community college entrances with the truck following closely behind.  She assumed they would examine the damages, exchange information, and then both go on their way.  Then this accident took a sudden twist which shocked her and has the police dismayed.</p>
<p>Upon exiting her car she was quickly tackled to the ground by a thin white male approximately 6 feet tall.  He began yelling obscenities at her and demanding she had over her car keys.  She resisted which resulted in him pulling out a knife and cutting her several times on the head.   The man had numerous tattoos on his arms and neck along with several visible sores on his neck.  The attacker has dirty blonde hair.</p>
<p>Since the woman refused to relinquish her keys the assailant raced away with his accomplice in their scratched and dented Nissan truck.  His accomplice was slight taller and heavier and also had tattoos on his arms.</p>
<p><strong>Recovering But Still Severely Shaken</strong></p>
<p>The victim is recovering from her injuries and shock.  The Chandler area police force reports this is the first report of this tactic being employed in their area.  Once the attacker and his accomplice are located this crime could result in a series of charges which might include:</p>
<ul>
<li>Aggravated Assault</li>
<li>Attempted Grand Theft Auto</li>
<li>Vehicular Hit and Run</li>
</ul>
<p>The aggravated assault and theft charges are both felonies, while the hit and run is considered a misdemeanor in Arizona since no injuries or deaths resulted from the accident.  There may be other charges which come under consideration as the investigation continues and the prosecuting attorney reviews the facts.  It can be assumed the maximum penalties will be pursued in this violent case.</p>
<p>It is difficult to imagine the horror the woman felt as this simple accident suddenly turned into a violent attack threatening her life and the potential loss of her car.  Her actions may have been courageous trying to protect her vehicle, but in most cases law enforcement authorities would recommend surrendering your property and protecting your personal safety.</p>
<p><strong>Is There a Viable Defense?</strong></p>
<p>When apprehended the suspects will require the services of a very <a href="http://www.fightduiarizona.com/">talented team of defense attorneys</a> to attempt to reduce their stay in prison.  There are sure to be many questions presented by the defense concerning the woman’s ability to accurately identify the suspects and if she was somehow responsible for the initial accident.</p>
<p>If the evidence is strong the <a href="http://www.fightduiarizona.com/">criminal defense attorney</a> may recommend his clients seek a more lenient sentencing in exchange for pleading guilty to their charges.  Hopefully these criminals will be located and brought to justice in the near future for the safety of all residents in the Phoenix area.  Their failure in this carjacking attempt may not thwart future attempts on their part.</p>
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		<title>Two Suspects Arrested for Recent Credit Card Theft in Phoenix Area</title>
		<link>http://www.fightduiarizona.com/two-suspects-arrested-for-recent-credit-card-theft-in-phoenix-area/</link>
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		<pubDate>Mon, 16 Jan 2012 18:11:47 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://www.fightduiarizona.com/?p=1090</guid>
		<description><![CDATA[Officers in Scottsdale nabbed a pair of credit card thieves as they followed up on a lead provided by the public.  The two suspects are Thomas Kramer and Kasandra Martin.  Thomas and Kasandra were videotaped in a Lowe’s store in Phoenix using the stolen credit cards for their purchases.  They also used the credit cards for buying gasoline at an area station. The credit cards they were using were stolen from Mazda on December 30th which was parked in driveway.  Along with the credit cards they stole additional other personal items from the car.  The pair was initially charged with credit card theft, but you can expect other charges to be forthcoming as the investigation continues. How Many Charges May the Pair Face? Start thinking about all the possible charges this couple may face. The charges could include many of the following: Credit Card Theft Credit Card Fraud Identity Theft<br /><a href="http://www.fightduiarizona.com/two-suspects-arrested-for-recent-credit-card-theft-in-phoenix-area/" class="anchor">Read More...</a>]]></description>
			<content:encoded><![CDATA[<p>Officers in Scottsdale nabbed a pair of credit card thieves as they followed up on a lead provided by the public.  The two suspects are Thomas Kramer and Kasandra Martin.  Thomas and Kasandra were videotaped in a Lowe’s store in Phoenix using the stolen credit cards for their purchases.  They also used the credit cards for buying gasoline at an area station.</p>
<p>The credit cards they were using were stolen from Mazda on December 30<sup>th</sup> which was parked in driveway.  Along with the credit cards they stole additional other personal items from the car.  The pair was initially charged with credit card theft, but you can expect other charges to be forthcoming as the investigation continues.</p>
<p><strong>How Many Charges May the Pair Face?</strong></p>
<p>Start thinking about all the possible charges this couple may face.</p>
<p>The charges could include many of the following:</p>
<ul>
<li>Credit Card Theft</li>
<li>Credit Card Fraud</li>
<li>Identity Theft</li>
<li>Vandalism</li>
<li>Forgery</li>
<li>Burglary</li>
</ul>
<p>They potentially damaged or vandalized the car.  They are already charged with credit card theft, and may possibly face charges of credit card fraud for the actual use of the cards.  You can then add in potential charges for identity theft crimes, since in order to use the credit cards they would intentionally be taking on the identity of the person the cards were stolen from.  As you can see, their theft from an automobile could quickly escalate into numerous charges extending their fines and potential time in jail.</p>
<p>It is most likely the prosecutor will examine the evidence gathered by the police and choose the most severe and easily provable crime and focus on it.  This increases the odds of an easy conviction and harsh penalty.</p>
<p><strong>Criminal Defense Attorneys Unravel Truth from Tactics</strong></p>
<p>Both Thomas and Kasandra should be immediately consulting with a criminal defense attorney to explore their options.  By initial reports the evidence against them is very strong, but there could be numerous technicalities which could reduce their penalties or eliminate certain charges.</p>
<p>A <a href="http://www.fightduiarizona.com/">qualified defense attorney</a> will listen closely to their side of the story, review the facts, and then give a recommendation on how to proceed.  In cases with strong evidence the attorney may recommend pleading guilty and seeking a reduced sentence for the crime.</p>
<p>This case of credit card theft in Phoenix was solved very quickly due to the suspects boldly using the cards.  This allows the credit card companies and police detectives to quickly find the suspects and in this case capture them in the act of committing additional crimes on video.</p>
<p>In many cases of credit card theft the thieves are much smarter.  They avoid public use of the cards trying to find ways to purchase products or get cash without exposing themselves to detection.  A constant in most crimes involving credit card theft is the fact other criminal offences occur causing a rapid escalation in penalties.  <a href="http://www.fightduiarizona.com/">Defense attorneys</a> are the only people qualified to help someone unravel whether the charges they are facing are correct or not.</p>
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		<title>Former War Veteran Murders Wife then Turns Himself – Phoenix</title>
		<link>http://www.fightduiarizona.com/former-war-veteran-murders-wife-then-turns-himself-phoenix/</link>
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		<pubDate>Fri, 06 Jan 2012 12:27:17 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.fightduiarizona.com/?p=1086</guid>
		<description><![CDATA[Former DOC Officer Anthony Rinaldi entered a not guilty plea on charge of second-degree murder in connection with the death of his wife. 28-year-old Amanda Rinaldi was found shot to death inside the garage of their Ahwatukee home. Shortly after the shooting, Rinaldo turned himself in to the police by calling 911. According to reports, a call from a child was made to 911 reporting that someone had been shot. When emergency responders arrived at the house, they discovered the body of Amanda Blaies-Rinaldi in the garage and two children inside the home. Both the children were unharmed but Rinaldo had fled from the scene after the shooting. About five minutes after the fire department was called, another call was made to 911, this time by a man. The call was made by Rinaldi himself, who called to report that he shot his wife three times. Rinaldi had pulled over<br /><a href="http://www.fightduiarizona.com/former-war-veteran-murders-wife-then-turns-himself-phoenix/" class="anchor">Read More...</a>]]></description>
			<content:encoded><![CDATA[<p>Former DOC Officer Anthony Rinaldi entered a not guilty plea on charge of second-degree murder in connection with the death of his wife.</p>
<p>28-year-old Amanda Rinaldi was found shot to death inside the garage of their Ahwatukee home. Shortly after the shooting, Rinaldo turned himself in to the police by calling 911.</p>
<p>According to reports, a call from a child was made to 911 reporting that someone had been shot. When emergency responders arrived at the house, they discovered the body of Amanda Blaies-Rinaldi in the garage and two children inside the home. Both the children were unharmed but Rinaldo had fled from the scene after the shooting.</p>
<p>About five minutes after the fire department was called, another call was made to 911, this time by a man. The call was made by Rinaldi himself, who called to report that he shot his wife three times. Rinaldi had pulled over on Interstate 10 near 16<sup>th</sup> Street when the Public Safety officer arrived. According to reports, there was a loaded handgun in the car with Rinaldi at the time of his arrest.</p>
<p>&#8220;She is definitely dead &#8211; I put two to the chest and one to the head,&#8221; Rinaldi told the Department of Public Safety officer. Rinaldi was arrested less than 30 minutes after fatally shooting his wife.</p>
<p>26-year-old Rinaldi also told the detectives that he “snapped” as the two of them were arguing earlier at home and that his “military training kicked in” before he gunned down his wife.</p>
<p>Although he turned himself in for killing his wife, Rinaldi claimed that he is innocent of second degree murder. As Rinaldi plead not guilty, no specific information was provided to support it. Many believe that he may use post traumatic stress as a defense, which is a type of anxiety disorder that is often a result of war. Victims of post traumatic stress experience disturbing memories which often cause the victims to relieve stressful incidents. Studies also show that there may be a link between domestic violence and post traumatic stress. In such a case, getting help from a Phoenix murder attorney would help build Rainald’s case.</p>
<p>However, as unfortunate as it might seem, in Rainald’s case, the murder does not come as a surprise to some. Amanda’s family members, specifically her mother says she noticed holes in the family home’s walls and also said that Rinaldi was often angry. Other family members also support that this case was the result of domestic issues within the household. Even the couple’s elementary aged son also feared their father’s violence and worried that he might kill their mother.</p>
<p>In the case if Rinaldi is found not guilty of second-degree murder, a Phoenix murder attorney may be able to get Rinaldi a reduced charge of manslaughter. The charge will still include prison time, but the sentencing range will drop to 7-21 years.</p>
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