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Criminal Law

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Criminal Law's

What is the penalty for domestic violence?

Answer: The penalty depends on the charge.  If it is classified as domestic violence, you will have to attend some court-ordered counselling and there may be some money assessments in addition to penalties for the crime.
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Can I be arrested in my own house for domestic violence?

Answer: Yes.  If the victim has a certain relationship to you, the police have almost no discretion not to make an arrest if a domestic violence crime was committed.  The most common charges are assault, disorderly conduct, and cr...
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How long do I have to have the Ignition Interlock in my car?

Answer: The number of months you will have to have the ignition interlack on your car depends on your case.  The law says one year, but if this is your first DUI and your blood alcohol level is under .15, it can be shortened to 6 month...
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Can I get a DUI for driving with marijuana in my system?

Answer: Yes, they can arrest and test you like anyone else.  Even if you have a medical marijuana card.  The Arizona Medical Marijuana laws give you some protection, but exactly how much has not yet been determined by an appeals c...
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Is there any way to beat a DUI?

Answer: Each case is different.  I look at DUI defense in 3 steps.  First, did the police have enough reason to stop you.  They have to see something to give them “reasonable suspicion” that you violated a law.&nb...
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If I get stopped for a DUI, should I do the roadside tests?

Answer: Attorneys disagree on this.  Some say go ahead and do them, and believe they can convince a jury that they are so difficult that a sober person can’t do them.  I believe you should refuse them.  In my opinion, w...
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How do I know if I have a good DUI case?

Answer: A lawyer experienced in DUI defense needs to talk to you at length, get the police report, probably interview the police officer, and look carefully at the stop, the arrest, and the chemical test.  There is no way of knowing if...
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Should I allow the police to draw my blood or breathalyzer?

Answer: Yes.  In Arizona, if you refuse these tests once you are arrested (and you will know when you are arrested, that’s when they put handcuffs on you), the punishment is a 1-year suspension of your drivers' license. ...
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Can the police search my house without a warrant?

Answer: The law requires police to have a search warrant to search your house, unless there is an exception to the warrant rule.  If you give consent, they can search.  You can give limited consent and you can withdraw your consen...
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Can the police search my car without a warrant?

Answer: The police can search your car without a warrant if they have “probable cause” to believe something illegal or evidence of a crime is in the car.  They cannot search it for no reason, but they may not have told you ...
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