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April 16, 2013

Expunging Your Conviction in Arizona

Filed under: Arizona Criminal Law,Criminal Trial Process,Defense Lawyer,Expunging Convictions — admin @ 1:53 pm

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Having a criminal record makes the future after a conviction difficult, limiting your opportunities and affecting your life for years, even after having corrected your mistake. Employers and landlords may deny someone with a criminal record leaving returning to your normal life an uphill battle. Luckily, in many cases convictions can be expunged from record with the correct lawyer and the correct process. Below is some information about expungement to help you decide if the expungement process can help you resume your normal life.

                                               

What is Expungement?

Expungement is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, thereby making the records unavailable through the state or federal repositories. If successful, the records are said to be “expunged”. The benefit of expungement is that, once expunged, you no longer to need to divulge the conviction to future employers or landlords.

 

Who is Eligible for Expungement?

A person becoming eligible for expungement is decided on a number of factors including:

-          The amount of time that has passed since the conviction

-          The severity and nature of the conviction

-          If there are any other convictions on the offenders criminal record

-          The severity of other events on the offenders criminal record

There is no true expungement in Arizona. However Arizona does allow your conviction to be set aside and deemed dismissed or vacated. Working with a skilled criminal lawyer you can decide if this is an option when it comes to your conviction.

 

Obtaining the proper attorney is the most important thing to do when beginning the expungement process. If you have a charge that is affecting your life and you would like to have it expunged, Phoenix criminal attorney Josh Blumenreich can provide you with a strong defense to help enforce your rights under the law. Call us at (602) 252-2570 today for your free consultation.

September 13, 2010

Arizona’s Zero-Tolerance Meth Policy

Filed under: Arizona Criminal Law,Defense Lawyer,Meth — admin @ 5:25 pm

Drug charges are, of course, very serious matters in Arizona. But drug charges involving methamphetamines are particularly severe. Arizona has a zero-tolerance policy when it comes to possessing, manufacturing, transporting or selling meth and many task forces in place to enforce this policy. A conviction on a meth charge, a felony in Arizona, can result in very stiff penalties, including prison time. Even possessing or selling the ingredients of meth is considered a felony in Arizona.

Arizona has a zero-tolerance policy when it comes to possessing, manufacturing, transporting or selling meth

Arizona has a zero-tolerance policy when it comes to possessing, manufacturing, transporting or selling meth.

Sentencing for meth charges can be particularly severe in conjunction with other charges. For instance, because meth production is seen as an endangerment, operating a meth lab in the presence of a minor constitutes child abuse in Arizona. Also, those with prior meth convictions can face additional legal consequences.

Whether you’ve been charged with meth possession, operating a meth lab or selling meth, contact The Blumenreich Law Firm immediately. Josh Blumenreich, a former prosecutor for Maricopa County, is an aggressive, experienced defense attorney who can provide you with the strong counsel you need in order to mitigate the consequences of a meth-related charge.

September 9, 2010

Arizona DUIs: What You Need to Know

Filed under: Defense Lawyer,DUI,DWI — admin @ 1:02 pm

According to statistics released by the Arizona Governor’s Office, there were more than 14,000 DUI (driving under the influence) arrests in Arizona in 2009. Of those arrests, more than 900 involved motorists with blood-alcohol contents (BAC) greater than .15, considered an extreme DUI under state law.  In Arizona, a DUI conviction can result in severe penalties, including fines, suspension of driving privileges, court-mandated alcohol or drug counseling and even jail time. In addition, having a DUI conviction on your criminal record could bar you from getting certain kinds of employment and traveling to other countries.

Arizona and DUI's

Arizona Has Strict DUI Laws

A DUI is defined as operating a motor vehicle under the influence of drugs or alcohol at intoxication levels measuring higher than the legal limit (.08 in Arizona). There are several levels of Arizona DUI charges, including:

  • DUI (misdemeanor) – blood-alcohol contents of .08 or greater within two hours of driving.
  • Extreme DUI (misdemeanor) – blood-alcohol contents of .15 or greater within two hours of driving.
  • Super-extreme DUI (misdemeanor) – blood-alcohol contents of .20 or greater within two hours of driving.
  • Aggravated DUI (felony) – A DUI may be considered aggravated if the motorist is driving drunk on a suspended or revoked driver’s license, with a passenger under the age of 16 in the car or had two prior DUI convictions within the last seven years.

 

Punishments for first-time offenders convicted of a DUI can include up to six months in jail, up to $2,500 in fines and surcharges, a 90-day driver’s license suspension and alcohol counseling. In addition, those convicted of a DUI must have a device installed in their car that locks the ignition if alcohol is detected in their system. Those convicted of an extreme DUI, a super-extreme DUI or an aggravated DUI or multiple-time offenders are likely to face more severe legal repercussions, depending on the circumstances.

Commercial drivers, even first-time offenders, can face stiffer penalties than non-commercial drivers. For those operating a commercial vehicle with a BAC higher than .04, the legal repercussions can include up to 90 days in jail, a $500 fine, a one-year driver’s license suspension and community service. Many commercial drivers with DUI convictions may be terminated from their jobs.

Motorists under the age of 21 convicted of driving with any alcohol in their system are subject to DUI charges, and face a $250 fine, community service and a two-year suspension of their driver’s license.

The first step in any DUI defense is to request a hearing with the Arizona MVD. This hearing must be requested within 15 days of being charged with a DUI to avoid automatic driver’s license suspension.

If you are currently facing DUI charges in Maricopa County, Josh Blumenreich, a former prosecutor, can advise you on the next steps and provide you with the aggressive legal counsel you need. Contact us for your free initial consultation.

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