How Do I Get A DUI Off Of My Record?

A DUI or DWI can have a devastating effect on your life. The good news is that Arizona has a procedure you can go through that lets you set aside the conviction from your record. This is good if you have problems with the charge popping up when you are looking for work or trying to find a place to live.

There is not a specified amount of time you have to wait if you want to get your record set aside in Arizona, and different courts will require different time frames. It is best to discuss this with an attorney that deals in set asides and DUIs. You also have to meet certain requirements in a lot of cases in order to remove the DUI off of your record.

To get something like this set aside, you have to work with a Court. The Court will need to check whether you’ve had more issues after your DUI. A copy of your driving record will assist the court. It is best to have no pending driving issues and your license should no longer be suspended. This is why you need to be very careful after getting charged, because any mistakes can lead to a denial. It is best to find an attorney to work with instead of researching your options on your own.

The DUI will automatically fall off of your driving record after a certain period of time, but it is always on your criminal record. Otherwise, if you don’t do anything about it to get it set aside through the courts, it will remain on your criminal record for the rest of your life. A big problem with that is later on you may want to try to find employment only to learn that you can’t be hired due to your record. Know that the more DUIs you get, the worse the punishments are. With more DUIs also comes less of a chance of you getting it taken off your criminal record no matter what you do.

Until you get a DUI you don’t know how bad it can actually be. The good news is that there are options. Once you hire the right attorney to work with, they should be able to file an application with the court where you were convicted. A set aside will all depends on the court. So getting the right attorney to assist you is imperative.

 

How Do I Get A DUI Off Of My Record? Find more on: www.azcrimlaw.com robert a dodell attorney

Right to a Fair and Impartial Judge

Can You Request A New Judge?

It is stated in the law that both the State and the Defense have the right to a fair judge. This means that a fair and impartial judge must be made available to any parties under criminal litigation. A change of judge can then be requested with or without cause as needed.

 

With Cause

Whenever requesting a change of judge with cause, it must be stated in clear, full details as to why such request has been made as to ensure that it is still in line with the integrity and fair functions of the judicial system. This is a change of judge as a matter of right. This motion must be filed within ten days of the discovery that grounds exist for changing the judge. The requesting party must assure that such a request is only done in good faith. If the assigned judge does not agree that cause exists, the presiding judge provides a hearing on the matter before another judge to determine by the preponderance of the evidence whether a change of judge is required. If this judge rules that the change is required, the presiding judge will reassign the matter to another judge.

 

Without Cause

The State and the Defense may request a change of judge without cause. This is called a peremptory notice. In non-death penalty cases, this motion must be filed within ten days after the arraignment or within ten days of the assignment of the judge. Although the change of judge is “without cause”, the request must be made in good faith and cannot be made of any of the following reasons:

  • Attempts to delay the proceedings
  • Obtainment of severance
  • To interfere with the reasonable case management practices of a judge;
  • To remove a judge for reasons of race, gender, or religious affiliation
  • for the purpose of using the rule against a particular judge in a blanket fashion by a defense group or law firm
  • To obtain a more convenient geographical convenience
  • To obtain advantage or avoid disadvantage in connection with a plea bargain or at sentencing, except those allowed by Rules of Criminal Procedure.

 

Furthermore, the right to a change of judge without cause is limited and controlled by also allowing both the State and the defense one, and only one, peremptory or final change of judge per case. A further exception of additional judge replacement might however apply if one side is made up of two or more parties under hostile or adverse interests.

Once the request for a new judge is made, the case is transferred immediately to the presiding judge. The presiding judge reassigns the case to another judge.

Learn more about our criminal practice areas below:

 

The blog post Right to a Fair and Impartial Judge is republished from lawyer on AzCrimLaw.com – Robert Dodell

5 Tips for Legal Adoption To Help With The Paperwork

You and your spouse have been dreaming to have a child for so long and have finally decided to adopt one. Your excitement over the prospect is extremely high but after a quick consultation with a lawyer, you find out it is not as easy as you think.

The process can be time-consuming and will require a trail of paperwork that you need to accomplish and prepare.

Depending on whether you plan to do a domestic adoption, the forms you need to prepare and fill out seems endless:

  • Forms to file a petition in court
  • Forms for home study
  • Application forms for an agency if you plan to use an agency
  • Medical records, financial and employment records
  • Your personal history and family background

The list goes on and on and without careful planning, you will find yourself under severe stress even before the process begins.

The adoption process can be quite tricky but following these five easy tips, you will be relatively worry-free and can avoid what otherwise can be a taxing route.

  1. List down all the paperwork you will need to fill out and accomplish. Include a deadline for each form; this way, you can finish each methodically.
  2. Set aside time to review and fill out all the paperwork. Once you have listed down what you need to do, set aside a time to do them. This will ensure that you stick to your deadline to accomplish the forms.
  3. Organize and file your paperwork. Use a file organizer and label them properly to keep all your forms in once place. You will find it easier to locate them when you need them at a moment’s notice. You will also be able to keep track which forms you have accomplished and which ones you still need to finish.
  4. Do not give up. No matter how organized you are, there will be times when you would be fed up with the endless paperwork that you simply just want to give up. Don’t. Encourage yourself by reading stories about successful adoption stories or join webinars about the adoption process. Listen to stories of what other adoptive parents went through and how they succeeded. Go back to the reason you are going to through all this tiresome process, which is to be a parent.
  5. Stay focused. Concentrate on what you need to do next and how to do them. Be resolute on what you want to happen and how to make it happen so that you can keep the unexpected from happening. This will make the next steps less daunting and tiresome.

Just keep these five easy tips in mind and you will be amazed at how much you have accomplished in no time.

 

These are some tips if you are doing a domestic adoption, but if you are looking for an attorney that focuses in family or relative adoptions, get in touch with Robert A. Dodell, Attorney At Law. I can inform you of all the necessary paperwork and details that you are going to need for this type of an adoption. I have successfully navigated many clients through the family member adoptions process. I can help you through this process as well.

Check out these 5 adoption tips by visiting https://goo.gl/el6RQG

5 Tips for Legal Adoption To Help With The Paperwork is republished from http://azcrimlaw.com/blog/

Criminal Record Expungement in Arizona

Expungement can be technically defined in legal terms as a request or petition to a court or law enforcement agency for the erasure, cancellation, sealing, modification or destruction of a criminal record.

People may apply for expungement of certain criminal records when it starts to affect their image or reputation, such as when applying for work. However, under the Arizona law, this process cannot technically be utilized for an Arizona criminal record. An individual’s crime history remains untouched in the books until they reach 99 years of age.

 

Arizona does not have an expungement law. The substitute process for expungement for Arizona cases is having the case “set aside. ”However, a“set aside” does not make your record free of previous crimes committed.

Setting aside a felony or misdemeanor conviction in Arizona, however, means that your criminal records will still be viewable by anyone who plans to review it (e.g. a potential employer) but it will also be recorded that your case has been set aside or that all the conditions of your probation and sentence have been satisfied and cleared. A set aside confirms that a court has handled your case and has resolved to dismiss the charges against you.

A set aside has its own limits and is not applicable when the crime committed:

  • consists of some driving offenses
  • involved a finding of sexual motivation,
  • involves a victim below 15 years of age,
  • involves serious physical injury on the victim,
  • involves any dangerous instrument or deadly weapon, or
  • requires the defendant to be registered as a sex offender

Juvenile record clearing options are also available for cases in Arizona. Juvenile record sealing may apply if you are at least 18 years of age, without adult conviction or pending charges, and have completed all the terms and conditions of the sentence. This kind of sealing does destroy the records though it does not relieve you from its accompanying penalties.

Criminal reports can be set aside and juvenile records can be destroyed. It is best to hire a criminal Defense attorney in order to assist you in this process.

Learn more about Robert A. Dodell criminal legal defense services.

My office is located in Scottsdale by the TPC Golf Course in Scottsdale

Robert A. Dodell, Attorney At Law
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321

The following post Criminal Record Expungement in Arizona See more on: free initial consult Robert A. Dodell Attorney At Law

Obtaining a Copy of Your Criminal Record

Do you have a criminal record?  Do you know if the criminal record is even accurate?  Arizona law requires that a person’s criminal record, misdemeanors and felonies, is maintained until he or she reaches the age of 99 or until one year after that person dies. A person can obtain a copy of their own criminal record in the State of Arizona.

It is common for a person to want to obtain a copy of their own criminal record, because he or she is concerned about what the records states.  The person may be looking for a new job.  Nowadays, employers of all kinds perform thorough background checks before hiring. The employer will obtain your criminal history.

The State of Arizona maintains the criminal history in the Criminal History Records Section of the Central State Repository for Arizona crimes only.  If the Arizona record may contain inaccurate information, there is a way to correct it.  A person may contact the Arizona Department of Public Safety and request for a Record Review Packet. Any corrections may be completed by completing and submitting a form included in the Record Review Packet called “Review and Challenge of Arizona Criminal History Information.” The packet will include a fingerprint card.  The person must also provide a set of his or her fingerprints.  There is no cost for this process.

If the Central State Repository agrees that an error exists on the criminal history record, the record will be corrected. Additionally, the Criminal History Records Section at the Central State Repository will notify the Federal Bureau of Investigation of the error so they can update their records.

Keep in mind, the error might originate with the court or arresting agency in Arizona. In such cases, the Criminal History Records Section will not correct the error until that court or arresting agency corrects the error. In such a case, a person needs to be proactive and seriously consider hiring an attorney with experience in dealing with this type of issue. An attorney can  assist you in correcting this problem or error associated with the criminal history record.

Robert A. Dodell Attorney

 

 

Obtaining a Copy of Your Criminal Record is available on free initial consult Robert A. Dodell Attorney At Law

Adoption 101: An Efficient Guide To Finalizing Adoption Process

There is nothing more fulfilling than being a parent. It is a privilege that anyone could enjoy, even those who decide or who cannot bear their own. Fortunately, adoption processes nowadays doesn’t have to be tedious, thanks to legal adoption attorneys who dedicate their time extending help to frustrated parents.

 

Conduct your research and preparations

 

One of the first steps in finalizing your adoption process is to do some research and prepare your mindset for the upcoming process. An adoption of a family member can be easy or difficult depending on the circumstances.

Once you have decided that adoption is fit for you, you need to choose the way you want to proceed in adopting your family member.

An adoption attorney such as Robert A. Dodell focuses on the adoption process of a relative or family member.

 

Assess the legalities of your adoption

The most important part of the adoption process is the legal aspect. First, you need to assess the policies in your state about the legal aspect of independent adoption in cases of domestic adoption. After that, you need to accomplish your adoptive parent profile, with the help of your adoption attorney.

 

Understand the finances involved

Adoption does not end with legal fees and logistical expenses. You need to consider some of the taxations that will change once you get custody of your adoptive child.

 

Complete all necessary documents

The next thing to partake in your adoption process is to accomplish all required documents for legal adoption. You may also have to prepare your existing documents such as the following:

  • Homestudy
  • Birth certificates
  • Tax returns
  • Residency proof
  • Land titles
  • Marriage certificates
  • Divorce documents
  • Settle post-placement and post-adoption fees.

By this time, you are now a new parent of a child.

Adoption 101: An Efficient Guide To Finalizing Adoption Process See more on: (www.azcrimlaw.com) Robert Dodell

When a Juvenile May End Up in the Adult Criminal Justice System in Arizona

If you live in the State of Arizona and have a legal situation involving a juvenile, you will want to move forth with understanding how the system operates. In most instances, crimes committed by someone under the age of eighteen are treated differently then when over the age of eighteen. The Juvenile Criminal Court systems is designed to rehabilitate the juvenile so they get their life straightened out and can be a productive member of society.

For parents, it can be a frightening place to be when you realize that your youngster is facing the court system. You need to get help right away so that you can form the best defensive strategy possible. In some cases, you might find that the State is going to attempt to move the case to an adult court, which you certainly do not want!

There are various factors involved regarding whether a case is a good candidate for transfer. Certain crimes, are subject to an “automatic transfer” to adult court. If the juvenile is fifteen years of age or older and has been charged with first or second degree murder, forcible sexual assault, armed robbery, aggravated assault and other violent offenses, the law allows for an automatic transfer to adult court.

Other transfers are discretionary on the State, and subject to court ruling after a hearing. If a juvenile is at least fourteen years old and has been adjudicated (convicted) of at least two prior felonies, the State can file a motion to transfer the juvenile defendant to the adult court system for criminal prosecution.

The discretionary hearing, called a “Transfer Hearing” may be held within thirty days after the Advisory Hearing (the juvenile equivalent to an adult arraignment), if the request for transfer is filed the same time of the juvenile criminal charges. If the request for transfer is filed after the Advisory Hearing, the Transfer Hearing may be thirty days after that filing.

The Transfer Hearing is critical to the future of the juvenile. Will the juvenile stay in the juvenile system, with the goal of rehabilitation, or will the juvenile be transferred to the adult criminal court system, with the goal of punishment.

If If the court denies or dismissed the Motion for Transfer, the juvenile will stay in the juvenile court system. An Adjudication Hearing (the juvenile equivalent to an adult trial), will be set in juvenile court.

You must have a reputable juvenile criminal defense attorney to assist you with your defense needs. You really want to have the best legal defense possible to protect your child.

When searching for juvenile criminal defense attorneys that practice in your community, it is important to seek out ones that emphasize in juvenile crimes. These are handled significantly differently than adult cases and you want to have a defense attorney who is familiar with the nuanced differences between defending an adult and a child.

You should check out the reputation of the attorney or law firms that you are thinking about hiring for your child’s defense needs. Once you have done this, you can find out what the available attorneys will charge and begin to move forth with the case.

The longer you wait, the less time your attorney has to prepare a defense for your child. Don’t wait any longer! Start checking into the best options available for juvenile crimes criminal defense in your city. Learn more about our services here.

 

Robert A. Dodell, Attorney At Law
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321
Check out our practice areas and learn more about our legal defense services.

The following post When a Juvenile May End Up in the Adult Criminal Justice System in Arizona Read more on: http://www.azcrimlaw.com/blog/