Class 1 Misdemeanor Explained

by John Schill | Mar 29, 2021 | Criminal Charges

CRIMINAL DEFENSE ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

Class 1 Misdemeanor Explained

The crimes people commit fall into different categories. Typically, the category covering the crime will determine what penalties the defendant will receive. For instance, committing a class 1 misdemeanor carries serious penalties.

It’s important to know what committing a class 1 misdemeanor entails. Having that knowledge drives home the severity of certain offenses.

Even for those who have committed a crime, knowing about class 1 misdemeanors can be helpful. They can formulate a better legal strategy after hearing about the possible penalties they could face.

Let’s talk more about class 1 misdemeanors in this article. Find out about the different kinds of class 1 misdemeanors along with the penalties that come with committing them. You can also learn more about other topics related to those misdemeanor violations by reading on.

What Are the Different Categories of Crimes?

We’ve already talked a bit about the categories of crimes, so let’s expand on that topic now. The number can vary from one state to the next. In Arizona, though, they are grouped into petty offenses, felonies, and of course, misdemeanors.

Petty Offenses

Depending on where you live, they may also call petty offenses infractions. Regardless of what they call them, petty offenses are minor crimes.

The penalties for petty offenses are typically on the lighter side. You do not always receive jail time. In some cases, the most significant penalty handed down by the court is a fine.

Petty offenses also usually don’t lead to any trials. Cases involving petty offenses may get sorted out during a single visit to the municipal court. There are also instances where they handle them without the defendant making a court appearance.

Felonies

On the opposite end of the spectrum from petty offenses are felonies. They are the most serious crimes that any person can commit. Examples of felonies include homicide, rape, and kidnapping.

The officials assign serious penalties to those who are guilty of committing a felony. People who commit a felony will spend time in prison, and often, their stay will span multiple years and possibly even decades.

Trials are also common in felony cases because of how serious the matter is. Also, they divide felonies into different sub-categories. The sub-categories hint at how severe a particular felony is.

Misdemeanors

Misdemeanors cover the ground between petty offenses and felonies. As you’ll see in a bit, there are all kinds of crimes that quality as misdemeanors. Similar to felonies, they use sub-categories to classify misdemeanors.

Given the variety of misdemeanors, the penalties for them can also be quite varied. Jail time and fines are common penalties, but some additions may be included in a person’s sentence depending on the type of their misdemeanor. In a DUI case, they may receive additional penalties to take away a person’s driving privileges.

Unlike with petty offenses and felonies, the need to head to trial is less certain when it comes to misdemeanors. Defendants will need to prepare for various possibilities if they are facing a misdemeanor charge.

What Is a Class 1 Misdemeanor?

As noted above, they divide misdemeanors into different sub-categories. Those include class 1, class 2, and class 3 misdemeanors. Do note that they may refer to them as class A, class B, and class C misdemeanors, with A being equivalent to 1 and so on.

Let’s focus first on the class 1 misdemeanors.

The class 1 misdemeanors are the most serious misdemeanors. They include the longest jail sentences, the heaviest fines relative to other misdemeanor charges. They also come with additional penalties.

Examples of Class 1 Misdemeanors

Officials consider numerous crimes as class 1 misdemeanors. We’re not going to enumerate all of the misdemeanors in Arizona, but we will go over some of the most common examples. We’ll also be grouping them into different categories to make them easier to track.

Driving-Related Class 1 Misdemeanors:

Aggressive Driving
Driving under the Influence of Intoxicating Liquor or Drugs
Driving with a Suspended License
Falsifying a Driver’s License
Highway Racing

Fraud-Related Class 1 Misdemeanors:

Deceptive Business Practices
False Advertising
Fraud Related to Providing Goods or Services
Fraudulent Use of a Credit Card
Paying with a Bad Check
Impersonating a Public Servant

Class 1 Misdemeanors of a Sexual Nature:

Indecent Exposure
Public Sexual Indecency
Running a Sexually-Oriented Business in Violation of Determined Operation Locations and Hours

Class 1 Misdemeanors Involving Public Property:

Criminal Littering or Polluting
Reckless Burning
Disposing Garbage on Public Property Located in Unincorporated Areas of the State

Class 1 Misdemeanors Involving Public Officials:

Impersonating a Public Official
Interfering with Court Proceedings
Interfering with Government Operations
Refusing to Aid a Peace Officer

Class 1 Misdemeanors Involving False Reporting:

False Reporting of Child Abuse
False Reporting of Sexual Assault Involving a Spouse
False Reporting to Law Enforcement

Other Notable Class 1 Misdemeanors:

Burning Private Property That Costs under $100
Certain Kinds of Cruelty to Animals
Disorderly Conduct
Improper Conduct Involving Explosives and Other Weapons
Intentionally Causing Physical Injury to Another Person
Intimidating Another Person over the Phone
Loitering on School Grounds
Prostitution
Unlawful Assembly
Unlawful Imprisonment

What Are the Standard Penalties for Class 1 Misdemeanors?

Upon being found guilty of any class 1 misdemeanor, you can expect to face some stiff penalties.

The maximum amount of jail time due to a class 1 misdemeanor in Arizona is one hundred and eighty days.

Notably, there is a chance that a person who committed a class 1 misdemeanor can avoid jail time altogether. To do that, they will need the services of a skilled and reliable lawyer.

Next up, people who committed a class 1 felony will also pay a fine. The maximum amount an individual may pay is $2500.

It is worth pointing out that the person in question must also pay a surcharge. Practically speaking, that means the person convicted may need to pay a bit more than the maximum amount of $2500.

Individuals who are guilty of committing a class 1 misdemeanor are also on unsupervised probation. The probationary period for offenders can last for up to three years.

What Are the Additional Penalties for Certain Class 1 Misdemeanors?

Aside from the standard penalties detailed above, specific class 1 misdemeanors also come bundled together with additional penalties. Those additional penalties are related to the nature of the offense that the defendant committed.

For example, in an indecent exposure case, a defendant may be required to register as a sex offender. Businesses that benefit from false advertising may also need to pay back their customers on top of the fines they owe to the court. A business may even close down depending on the number of their violations.

Additional penalties are probably most common in DUI cases.

It’s common for a drunk driver to have their driver’s license suspended. Drunk drivers often undergo alcohol screening and treatment. They may also render community service.

In Arizona, they install a certified ignition interlock device on the vehicle of a driver guilty of driving under the influence. That device prevents a driver from using their vehicle unless their blood alcohol concentration is under a certain level. By the way, tampering with ignition interlock device is also regarded as a class 1 misdemeanor in Arizona.

Will Penalties for Class 1 Misdemeanors Be Impacted by Earlier Convictions?

The penalties for class 1 misdemeanors can be severe. It’s not an exaggeration to say that they can have a negative impact on your life that will take a long time to recover from.

Here’s the thing, though: Defendants don’t always get sentenced to those harsh penalties even if they were found guilty of a class 1 misdemeanor. There are other factors that can play a role in that.

One of those factors is a person’s criminal history.

If you had no blemish on your criminal record before you were found guilty of a class 1 misdemeanor, there’s a greater chance that the judge will show you leniency. Instead of a jail sentence, the judge may opt for a combination of community service and probation.

Basically, you’re getting a second chance because you haven’t exhibited a pattern of criminal behavior previously. Now, receiving some leniency from the judge doesn’t mean you’re in the clear yet.

Failure to meet the terms of your probation and you could receive the punishment that you would have earlier. This on you to show that it was one mistake and that you’ve learned from it.

How Do Misdemeanor Charges Get Elevated?

To be charged with a class 1 misdemeanor, you usually have to commit a crime that qualifies as such. However, there’s also a possibility they elevate your current charges.

According to Arizona law, if you repeatedly commit the same misdemeanor offense within 24 months, your charge will go to the next highest classification. That means you can receive multiple convictions with a class 1 misdemeanor.

Your jail time could increase by sixty days because of your repeated violations.

Also, note that committing multiple class 1 misdemeanors can lead to a bad outcome. If your charge goes to a felony, you could receive a larger fine and a longer stay in prison.

Officials can also elevate petty offenses to misdemeanors. Repeated offenses can turn into class 3 misdemeanors, but they usually don’t go beyond that.

What Is the Statute of Limitations for Class 1 Misdemeanors?

Whether you’re the one charged with a class 1 misdemeanor or the party pursuing a class 1 misdemeanor charge against someone else, it’s important to know about the statute of limitations. The statute of limitations can be the factor that determines if a case can move forward or not. It’s important to know all about it.

Most of the time, the statute of limitations in class 1 misdemeanor cases is one year from the date when the offense in question occurred. That should provide you with more than enough time to gather what you need to file a case against another party.

In some cases, they extend the statute of limitations. That can happen if the violation in question led to someone being seriously injured or dying. DUI and assault cases are prime examples of this.

For those particular cases, they double the amount of time given to plaintiffs. You will be given up to two years to file your case.

You also have cases that are known as wobblers. Wobblers are cases that they can pursue as either class 1 misdemeanors or class 6 felonies.

What’s interesting about wobblers is that they have greatly extended statutes of limitations. The two-year limit no longer applies to them. A plaintiff will have up to seven years to file their case if they view it as a wobbler.

How Will Class 1 Misdemeanor Proceedings Progress?

Criminal proceedings related to class 1 misdemeanors can take a long time or be completed rather quickly. That will depend on how you want to proceed.

Defendants who decide to enter a plea agreement can get their legal issues sorted out faster. Of course, accepting that plea agreement does mean that you will receive some penalties. The prosecutor may also require you to acknowledge committing the crime.

If you decide against entering a plea agreement, then you will probably be scheduled for an arraignment, pre-trial conferences, hearings, and a trial. You may receive the maximum penalties by not accepting the plea deal, but you may also avoid them altogether by going this route.

Fighting a class 1 misdemeanor charge can be difficult, but you can make it more manageable by partnering with the right lawyer. Contact us at the Schill Law Group today and allow us to help in your defense.

What Is an Aggravated DUI?

by John Schill | Mar 17, 2021 | DUI

DUI DEFENSE ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

What Is an Aggravated DUI?

There is never any scenario where driving under the influence is okay. It’s an irresponsible act that needlessly endangers you and the people around you. Notably, there is an even more irresponsible version of that action known as an aggravated DUI.

DUI and aggravated DUI charges are not the same. They come into play under different circumstances. The penalties associated with them also differ.

A DUI charge can get you into a lot of legal trouble. An aggravated DUI conviction will be even more troublesome from that perspective.

It’s important to know the differences between DUI and aggravated DUI charges. You can learn more about them by continuing with this article.

Defining an Aggravated DUI Charge

A person can be found guilty of driving under the influence if their blood alcohol concentration level exceeds a certain threshold. In Arizona, a person with a blood alcohol concentration level over 0.08 is guilty of driving under the influence. For drivers of commercial vehicles, that lowers the threshold to 0.04.

Those thresholds still come into play in aggravated DUI charges. It’s not the amount of alcohol in a person’s body that turns a DUI charge into an aggravated DUI charge. Rather, other factors that emphasize the recklessness of the guilty party are the ones that usually elevate the severity of a particular DUI offense.

Officials can cite multiple factors in aggravated DUI cases. Let’s talk about them in greater detail below.

Being Charged with Driving Under the Influence Multiple Times

First, officials can charge a person with aggravated DUI if they repeatedly commit the offense within a certain amount of time. To be more specific, getting three DUI convictions within eighty-four months would result in an aggravated DUI charge.

Driving Under the Influence with a Canceled, Revoked, or Suspended License

The state of Arizona does not cancel, revoke, or suspend driver’s licenses for no reason. That is only carried out as a form of punishment if the driver was irresponsible or reckless on the road.

When the state takes away a person’s driving privileges, the concerned party must abide by that. Failure to acknowledge that can prove costly. Those who drive under the influence with a canceled, revoked, or suspended driver’s license can receive aggravated DUI.

Refusing a Blood Alcohol Test while Their Vehicle Is Equipped with an Ignition Interlock Device

Once a person is found guilty of committing a DUI violation in Arizona, their vehicle has a certified ignition interlock device installed. The job of the ignition interlock device is to prevent drivers from operating their vehicle while they’re intoxicated.

To use a vehicle equipped with the ignition interlock device, the driver must first blow into it. After that, the device will examine the driver’s blood alcohol concentration. If the driver’s blood alcohol concentration level exceeds a certain threshold, they cannot use their vehicle.

Notably, a driver may need to blow into the ignition interlock device multiple times while operating their vehicle. That feature is baked into the device’s design so drivers cannot ingest alcohol as soon as they start the car.

The ignition interlock device can limit the driver’s control because it connects directly to the vehicle’s power system, according to the Arizona Department of Transportation.

The presence of the ignition interlock device on your vehicle can also open you up to an aggravated DUI charge. Any DUI violation you commit while an ignition interlock device is in your vehicle will turn into an aggravated DUI charge right away. On top of that, refusing to take a blood-alcohol test when you have that device is grounds for an aggravated DUI charge as well.

Driving Under the Influence while a Person Under Fifteen Years Old Is in the Vehicle

Being careful on the road is expected of all drivers in all situations. Even so, more emphasis is on that whenever you have someone under the age of fifteen inside your vehicle. People under that age are more susceptible to injuries, so you need to be more responsible while driving them around.

If someone is driving under the influence while a person under the age of fifteen is in their vehicle, they will receive an aggravated DUI charge.

Driving the Wrong Way on the Highway while Under the Influence

Lastly, a DUI charge can also be elevated to an aggravated DUI if the driver was spotted going the wrong way on a highway. It’s easy to understand why driving the wrong way is considered an aggravating factor for a DUI charge.

Operating a vehicle in that manner can be incredibly dangerous. The danger level only increases if the driver was also intoxicated.

Is an Aggravated DUI Charge Considered a Felony?

Driving under the influence is considered a class 1 misdemeanor in Arizona. But what about an aggravated DUI? Is it viewed in the same way?

Arizona law considers aggravated DUI offenses to be more serious than the typical DUI violations. That’s why officials see all aggravated DUI offenses as felonies. Crucially though, they are not all on the same level in terms of severity.

Individuals driving under the influence while a person under the age of fifteen is in their vehicle can receive a class 6 felony. If your aggravated DUI charge stems from the other four causes, then you’re potentially facing a class 4 felony.

Distinguishing between those charges is important. The penalties a person may receive will change depending on whether they are guilty of a class 6 or 4 felony.

The Penalties for a Class 6 Felony Aggravated DUI Charge

Since aggravated DUI offenses are felonies, you will be looking at potential prison time instead of a jail sentence.

The minimum prison sentence for a class 6 felony is six months. The presumptive sentence is set at twelve months, while the maximum is at eighteen months.

In addition to the prison sentence, those found guilty of class 6 felony aggravated DUI will also render community service and undergo alcohol education, screening, and treatment. They will also revoke the guilty party’s driver’s license for one year after the verdict.

Fines are usually also assessed in DUI cases, and the same goes here.

The Penalties for a Class 4 Felony Aggravated DUI Charge

Class 4 felonies are more severe than their class 6 counterparts. That means the prison sentence will be longer.

The shortest prison sentence handed down to someone guilty of committing a class 4 felony is eighteen months. The presumptive sentence is then set at thirty months, while the maximum is thirty-six months in prison.

People who are guilty of committing class 4 felony aggravated DUI will also receive fines, perform community service, and attend alcohol treatment programs. They will also revoke their driver’s license for at least one year.

The Aggravating Circumstances for Felony Violations

Although there are maximum prison sentences for aggravated felony DUI charges, someone can receive a longer penalty. That can happen if certain aggravating circumstances exist in a particular case.

There all kinds of aggravating factors that can be cited in felony cases.

Someone getting seriously injured because of the guilty party’s actions is an aggravating factor. The same goes for any property damage that stems from the crime.

A person’s intent may also be an aggravating factor in a particular case. If they prove during the trial that the defendant was acting with malice during the crime, their charges may elevate.

A guilty party may also incur more penalties if their actions affected a disabled individual or someone over sixty-five.

The prison sentence gets significantly longer if they note aggravating circumstances in a felony DUI charge.

For class 6 felonies, the maximum prison sentence goes up to twenty-four months. For class 4 felonies, the maximum prison sentence if aggravating circumstances exist goes all the way up to forty-five months.

Another thing to note here is at least two aggravating factors must exist in a specific case for the maximum sentence to increase. Without at least two aggravating factors present, they will follow the original sentencing guidelines.

The Mitigating Circumstances for Felony Violations

Whereas aggravating factors raise the potential maximum sentence for a felony DUI violation, mitigating circumstances do the exact opposite. They can further reduce the minimum prison sentence for a defendant.

They consider the defendant’s state of mind when figuring out what punishment they should receive. Those who are under a substantial amount of duress at the time are likely to receive more leniency.

The court will also look at how the defendant behaved after they were apprehended. Defendants who were more obedient have a better chance of receiving a mitigated sentence.

Whether a defendant could fully appreciate that they were committing a crime also matters. In DUI cases, though, this mitigating factor is unlikely to play a role.

A defendant deemed to have a minor role in the crime may also receive a mitigated sentence. However, that mitigating circumstance is also unlikely to apply in a DUI case.

The age of the defendant could also make a difference.

In a class 6 felony case, the minimum prison sentence drops from six to four months due to mitigating factors. Meanwhile, the minimum sentence for a class 4 felony case goes from eighteen to twelve months.

Also, note that at least two mitigating factors must be present to impact on the case.

How Parole, Commuted Sentences, and Suspended Sentences Affect Aggravated DUI Cases

After receiving an aggravated DUI, you may be hoping that your stint in prison will not be as long as your original sentence. You may be hoping that you can get out after a couple of weeks or maybe one month.

Defendants should know that such a thing cannot happen in many aggravated DUI cases. Although it is possible to be paroled or to have your sentence cut short in an aggravated DUI case, that can only happen if you meet certain conditions.

Only those who were convicted of aggravated DUI due to having a person under fifteen years old in their vehicle and those who received that charge due to the presence of the ignition interlock device can be released from prison early.

If you’re aggravated DUI charge stems from the other causes, then you’re looking at a longer prison stay. You will spend at least four months in prison before you’re eligible for parole or a suspended sentence.

What Is the Difference between Aggravated DUI and Extreme DUI?

Arizona motorists may be confused by some of the terms used in DUI cases. For example, the courts can impose aggravated and extreme DUI charges on residents of the state. You may be wondering if they’re the same thing.

Aggravated and extreme DUI cases are not the same. We’ve already talked at length about aggravated DUI cases so let’s highlight what extreme DUI cases are.

Extreme DUI cases link to the blood alcohol level of the person who committed the crime. If your blood alcohol level is over 0.15 when the authorities pull you over, you can receive an extreme DUI.

Extreme DUI also counts as a class 1 misdemeanor, meaning it carries lighter penalties than an aggravated DUI charge.

Officials must handle an aggravated DUI charge seriously, and you can do that with a skilled and experienced lawyer by your side. Reach out to us at the Schill Law Group, and we will ensure that you receive justice in your aggravated DUI case.

Can a Marijuana Conviction Be Expunged in Arizona?

by John Schill | Feb 23, 2021 | Drugs

MARIJUANA ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

Can a Marijuana Conviction Be Expunged in Arizona?

There was a time when crimes related to marijuana carried stiff penalties in the state of Arizona, but that has changed. Marijuana expungement is now looming as a possibility for many individuals who were incarcerated due to drug-related offenses.

It’s important to know about the changes that have been made to Arizona’s marijuana laws and if they could apply to your case or a loved one’s situation. There may be a chance that you are granted a fresh start thanks to the state’s new marijuana laws.

Expunging a previous conviction can be beneficial to you in so many ways. Find out if you’re eligible and how to proceed by continuing with the rest of this article.

The Changes Caused by Proposition 207

During the most recent general election, most Arizona residents voted “yes” on Proposition 207, which is also known as the Smart and Safe Arizona Act. The passage of Proposition 207 is a big deal because of how it affects the state’s marijuana laws.

The biggest change enacted by Proposition 207 is legalizing the adult use of marijuana in Arizona. Per the new laws, adults over the age of twenty-one are now legally permitted to possess, use, and even transfer up to one ounce of marijuana.

Even growing your own marijuana plants is now legal, although there are still limitations placed on that activity.

Given how many actions that were considered criminal have now been legalized, the state is moving to rectify their records as well. That can happen through marijuana expungement.

Qualifications for Marijuana Expungement in Arizona

The state of Arizona has already moved forward with plans to expunge the records of individuals who have marijuana-related crimes on their records. However, Arizona residents should know that not all marijuana-related crimes will be expunged. Even Proposition 207 sets limits on how much marijuana an adult can carry at any given time.

So, what are the previous marijuana crimes that can be expunged from the records thanks to Proposition 207? Let’s discuss them in the following section.

Possessing, Using, and/or Transporting Marijuana

Violations related to possessing, using, and transporting marijuana may soon be expunged from Arizona’s criminal records. Some conditions must be met first, however.

First off, the amount of marijuana that was found in a person’s possession either for use or transport must be no greater than two and a half ounces. The marijuana in a person’s possession should also contain no more than 12.5 grams of marijuana concentrate.

Marijuana expungement may not be an option for offenders who were carrying around more than those amounts.

Possessing, Transporting, Growing, or Processing Marijuana Plants

Growing your own marijuana plants is now legal in Arizona. Thanks to the passage of Proposition 207, adults over the age of twenty-one can now grow their own marijuana plants at home.

Adults can cultivate up to six marijuana plants in their home if they are kept in an enclosed space secured by a device that prevents minors from getting to them. If you share a home with another adult, the two of you can grow up to twelve marijuana plants, but no more than that.

The marijuana plants being cultivated should also be for personal use only.

If you were found guilty of growing marijuana plants in the past, you could get your conviction expunged as well The conviction can be expunged if you were cultivating no more than six plants. You must also prove that you were growing the plants for personal use only if you want the conviction expunged.

Expungement is also possible for individuals who were transporting or processing marijuana plants.

Possessing, Using, or Transporting Paraphernalia for Growing, Processing, or Consuming Marijuana

Charges may have been filed against you after marijuana paraphernalia were found in your possession. That charge may have stuck with you for a long time, but you can now have it expunged from your record.

Marijuana Crimes Not Eligible for Expungement

Not all marijuana-related violations can be lifted from the records via expungement. We already discussed some of the limitations on expungement above.

In addition to them, marijuana-related actions that are considered crimes after the passage of Proposition 207 will also not be eligible for expungement.

For example, if you were caught driving under the influence of marijuana in the past, that conviction will stay on your record. Also, note that using marijuana inside your vehicle even if you are not driving is prohibited by the law.

Smoking marijuana in public is also not allowed. You cannot use marijuana in any public space such as a restaurant or shopping mall. Using marijuana in any open space also remains illegal.

Selling marijuana, you grow is also not allowed in many instances. Individuals can only sell the marijuana they cultivate if they have been licensed to operate as either a medical marijuana dispensary or as a marijuana establishment.

Unfortunately, if you committed any of the crimes mentioned in this section, your record will still show that violation in the future. Marijuana expungement will not be an option for you.

The Process of Marijuana Expungement

After determining that you or someone you know qualifies for marijuana expungement, you can start working on getting those blemishes removed from Arizona’s records.

Right now, the only thing you can do is wait. Although the new laws in Proposition 207 took effect a while ago, expunging records related to marijuana offenses is not an option at the moment. The state has already determined that the process of expunging crimes related to marijuana will begin on July 12, 2021.

While waiting for that day, you can take this opportunity to learn how the process will work.

Filing a Petition

The process starts with filing a petition.

If you are planning to file a petition, now is a good time to look for an attorney. It’s important to partner up with an attorney who is knowledgeable when it comes to Arizona’s marijuana laws. They can verify if you do qualify for expungement.

A qualified and highly skilled attorney can also help you draw up your petition. Their assistance can also prove vital later in the process.

Waiting for a Response

After filing the petition to the court, they will notify the prosecution agency of your filing. At this point, you will need to wait for the prosecutors to respond. The court will give the prosecutors’ 30 days to respond to your petition.

The Court May Set a Hearing

Your expungement process may go in a few different directions from here.

Upon examining your records, the court may decide that there are matters that need to be clarified before deciding. In that case, they will likely invite you to attend a hearing.

Arranging a hearing is also an option for both you and the prosecutor. You can make your case in court for why your record should be expunged while the prosecutor can argue against it.

The Court Grants Your Petition

There’s a chance that a hearing is not set up in your case. The court may decide that you are eligible for expungement and grant your petition right then and there. That can happen if the prosecutor also does not contest your petition being granted.

The Court Does Not Grant Your Petition

There is also a chance that the court will not grant your petition. The prosecutor may present evidence in your case indicating that you should not be eligible for expungement and the court may accept it.

The Court Issues a Signed Order

The court will eventually issue a signed order indicating whether your petition was granted. This order will also feature the findings in your case.

File an Appeal

It’s certainly possible that the court will not rule in your favor, but don’t lose hope yet. You can still file an appeal at this point and hope to get your record expunged.

Some may opt not to hire an attorney during the original expungement process, but it’s necessary if you’re filing an appeal. The appeal may be your last shot to be cleared so you must get it right.

The Benefits of Marijuana Expungement

You may be wondering if going through the expungement process is worth it. If you’ve already served your sentence and you’re free, you may see it as a bothersome process that’s not worth your time.

It’s ultimately up to you to decide whether expungement is worth the effort, but there are real benefits you can gain from it. Let’s talk more about what those benefits are below.

Your Record Is Wiped Clean

A lot of people confuse expungements with pardons, but they are not the same thing. Expunging a conviction means that your crime will no longer be on record. The conviction will be vacated, and you will be given a chance to effectively start over.

Many individuals who get out of jail or prison don’t have that opportunity. Their convictions will always stay with them and that can be a problem if they are looking for a job, an apartment, or trying to secure a loan.

Post-expungement, your record will be clean, and you can enjoy the benefits that come with that.

Your Old Record Will Only Be Made Accessible to You

Some folks who run background checks are persistent. You may be worried that someone would learn something about your past conviction if they dug around long enough.

That will not happen if you get your conviction expunged.

All the records about your previous conviction will be sealed by the clerk of the court. Records detailing expunged convictions are only accessible to the person who had it cleared in the first place.

In essence, expunging your record gives you a chance to put your past behind you.

Your Civil Rights Will Be Restored

Being convicted of a crime can lead to your civil rights being taken away. You cannot enjoy the same type of freedom that others do. To restore your civil rights, you need to go through the process of expungement.

Notably, though, expungement won’t restore your civil rights if you had other convictions that cannot be cleared.

The Limitations of Expungement

Once your records are expunged, your records will be completely cleared. The crimes you were charged with will no longer be on record in Arizona or any other part of the country.

From a legal standpoint, you are completely cleared, but that doesn’t mean that your conviction has been completely forgotten.

As we all know, some records are harder to erase. Reports about your arrest that made it online may stay there. Expunging your record does not automatically clean everything.

Furthermore, the courts cannot control everything. They cannot order entities not involved in the legal process to take down articles or posts about your conviction simply through the process of expungement.

What you can do as someone who wants their name cleared is to file additional motions with the court to have those articles or posts taken down. Those motions are not always successful though and even then, there is nothing stopping someone from posting about your cleared conviction in the future.

Expungement is still well worth your time and effort given how it benefits your daily life and legal standing, but it won’t magically undo everything.

How an Attorney Can Help

Many of the steps you need to undertake if you want your records cleared can be complicated, and difficult to navigate if you are not familiar with the legal process.

Partnering with an attorney is an absolute must if you want the process to go smoothly. Certain elements in your case may also prompt prosecutors to object to your record being expunged. That’s another instance where having a good attorney on your side will prove incredibly helpful.

Now that Arizona is relaxing its laws about marijuana, the time is also right for you to have your record cleared. Contact us today at the Schill Law Group and allow us to help with your marijuana expungement efforts.

Can You Smoke Marijuana in Public in Arizona?

by John Schill | Feb 19, 2021 | Drugs

MARIJUANA ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

Can You Smoke Marijuana in Public in Arizona?

More and more states throughout the country are changing their policies regarding marijuana. Arizona is among those states and you may be wondering if recent changes to laws have made smoking marijuana in public acceptable.

That’s a good question to ask and answering it is the focus of this article. Along with determining the legality of using marijuana in public, we’ll also touch on other relevant matters.

The laws involving marijuana usage in Arizona have changed significantly. You must stay up-to-date on them to avoid running into trouble with the law. Continue reading to see which changes have been made and how they could potentially impact you.

How Proposition 207 Affects Arizona’s Marijuana’s Laws

The big changes that have been made to Arizona’s marijuana laws come courtesy of the recently passed Proposition 207. Many The voters in the 2020 election chose “yes” on Proposition 207, which is otherwise known as the Smart and Safe Arizona Act.

Arguably the biggest changes included in Proposition 207 were the ones related to the usage and possession of marijuana. Thanks to the new laws that have been enacted, it is now legal for adults over the age of twenty-one to use or possess up to one ounce of marijuana.

Notably, the relaxed laws mean that adults of the appropriate age no longer need a medical exception to use marijuana legally. Still, there are some restrictions in place regarding marijuana usage for adults.

Smoking Marijuana in Public

While Proposition 207 has relaxed many of the laws related to using marijuana recreationally, there are still limitations you need to know about. Among the limitations you must be familiar with are the ones that dictate where you can smoke marijuana.

Smoking marijuana in the comfort of your own home is not going to be an issue. Proposition 207 has made that act legal.

However, you cannot use marijuana if you are in public.

The laws specifically state that using marijuana in a public or open space is not allowed. It doesn’t matter if you’re of the legal age and you’re following amount restrictions, you can still be found in violation of the law by smoking marijuana where you shouldn’t.

Public Places Where Smoking Marijuana Is Not Allowed

The term “public space” is vague so let’s define it more clearly here. According to Arizona law, public space is “an enclosed area to which the public is invited or in which the public is permitted.”

Examples of public spaces where people are not allowed to use marijuana include airports, restaurants, and shopping malls. It’s also important to note here that not all the spots in your place of residence may allow marijuana.

For instance, you may be allowed to smoke marijuana inside your apartment, but that’s probably the only place in that establishment where that activity is allowed. If you are planning to hang out in one of your apartment’s common areas, don’t bother bringing marijuana along because you’re not allowed to use it there.

Another notable wrinkle here is that your private residence can be deemed a public place as well depending on how it is being used. Homes that are being used as care facilities are considered public spaces too. Don’t smoke marijuana if your home is being used in that way unless you want to run afoul of the law.

Open Spaces Where Smoking Marijuana Is Not Allowed

Now that we’ve defined public spaces, let’s turn our attention to open spaces. The state of Arizona defines open spaces as parks, pedestrian thoroughfares, sidewalks, and walkways.

It doesn’t matter whether you isolate yourself while at the park or any other open space. Smoking marijuana there is illegal and you will be penalized if you are caught.

Speaking of penalties…

The Penalties for Getting Caught Smoking Marijuana in Public

Although using marijuana in private is now legal for adults in Arizona, that doesn’t mean that you can subject anyone to that activity. You still need to keep that action private. Failing to do so could lead to you facing some penalties.

The first time you are cited for smoking marijuana in public, you will be charged with a petty offense. The penalty for committing a petty offense is a fine. The fine for a petty offense is capped at $300.

You do not need to worry about jail time if you are caught smoking marijuana in public once.

Getting cited for using marijuana in public multiple times is a different issue. This time around, you will be charged with a class 3 misdemeanor.

Unlike petty offenses, class 3 misdemeanors carry two penalties. The first is a fine. The maximum amount you may pay after being found guilty of committing a class 3 misdemeanor is $500.

Violators may also be staring at potential jail time after they’re caught using marijuana in public more than once. The maximum jail sentence for that violation is 30 days. Partnering with an experienced attorney could help you get that sentence reduced, though.

Marijuana and the Workplace

Proposition 207 has not placed limitations on what employers can do with regards to marijuana. Employers are still allowed to set up their own rules regarding marijuana usage within the workplace.

As an employer, you can decide to prohibit the use of marijuana in the office. You can also enact certain policies that limit marijuana usage for your employees.

Upon being caught, an employee may argue that they were not smoking marijuana inside the office. They may argue that using marijuana in the parking lot or shared bathroom is not equivalent to smoking marijuana inside the workplace.

Even if they technically were not using marijuana inside the office, they may still violate certain rules. More specifically, smoking marijuana in those places constitutes using marijuana in public. You can report them to law enforcement for that violation and penalize them as you see fit for their actions.

Understandably, you may be worried that your current or former employee may attempt to sue you after you reprimanded them. Don’t be afraid because Arizona has laws in place that protect employers from being sued by former employees who were fired after doing drugs or drinking on the job.

The bottom line here for employees is that marijuana usage is best confined to the home. Bringing that habit to work without clearing it with your employer first can lead to some serious trouble. You can steer clear of that potential headache by only using marijuana in your place of residence.

Disqualifying Applicants for Marijuana Usage

Business owners are not required to allow or even accommodate their employees who use, possess, or display marijuana. If you’ve already established guidelines indicating that marijuana is not allowed in your place of business, you can reprimand your employees for violating them.

Some employers want to maintain drug-free work settings, which is why they are careful about who they hire. In pursuit of maintaining a drug-free workspace, you can ask applicants to participate in a drug test. If an applicant tests positive for marijuana, you are well within your rights as an employer to decline offering the job.

There is an exception for those who have been cleared for medical marijuana usage. Employers cannot cite a positive marijuana test as the reason why they denied an applicant if that person in question has medical marijuana exception.

Still, even those with a medical marijuana exception can only use the substance at home. If you found them smoking at work, you can penalize them.

One more thing to point out here is that marijuana users may be disqualified from certain jobs even if they have a medical exception. Using marijuana while performing certain tasks may bring up safety concerns. The safety of people on the job site takes precedence in that scenario.

smoking marijuana in a car

How Smoking Marijuana Affects Your Driving Privileges

Many of us often associate driving under the influence or DUI violations with drunk driving. It’s easy to understand why that happens because many DUI violations do indeed involve individuals who have consumed way too much alcohol still trying to operate their vehicles.

You should know that you can still be cited for a DUI violation even if you only used marijuana. Driving under the influence of marijuana was illegal prior to the enactment of Proposition 207 and that remains the case today.

Why Driving Under the Influence of Marijuana Is Illegal

The dangers of driving under the influence of alcohol are well known but don’t discount how much marijuana usage can impair you as well. The CDC has highlighted the different ways in which marijuana usage can affect your driving skills.

Per this fact sheet from the CDC, using marijuana can slow down your reaction while also adversely affecting your ability to make decisions. Even your coordination and perception can be adversely affected by marijuana usage. You can easily imagine how negative effects such as those can prove deadly when you’re behind the wheel of your car.

At this point, there is no roadside test that can accurately tell if you recently used marijuana. Don’t assume that the lack of an accurate test means you can get away with driving under the influence of marijuana, though. You may still be tested for marijuana after a potential incident.

The tricky thing about marijuana too is that it tends to hang around in the human body. Studies have found that marijuana can still be detected in a person’s body even though the last time they smoked was days or even weeks before. Remember too that you can be cited for a DUI violation if a drug metabolite is found in your system.

Err on the side of caution and avoid driving if you know that your head is not clear after using marijuana. Disregarding your current condition can land you in big trouble.

The Penalties for Getting Caught Driving Under the Influence of Marijuana

The penalties for getting caught driving while under the influence of marijuana are harsher than the ones levied for smoking the substance in public. That holds true even for first-time offenders.

The first time you’re caught driving under the influence of marijuana, you will be sentenced to spend at least ten consecutive days in jail. You will also be fined not less than $1250 for your negligent actions. Offenders also render community service.

Individuals found guilty of driving under the influence also need to take part in education, screening, and treatment programs. Participating in one of those programs should teach you how dangerous impaired driving can truly be.

Penalties become more severe for repeat offenses.

The fine is now a minimum of $3000 while your jail sentence will be no shorter than 90 days. Rendering community service and participating in education, screening, and treatment programs also remain as requirements. They may revoke your driver’s license for twelve months if you are guilty of driving under the influence of marijuana more than once.

Can You Smoke Marijuana in Your Vehicle if You Are Not Driving?

Driving under the influence of marijuana is prohibited in the state of Arizona, but what about smoking marijuana in your car? Is that illegal even if you do not intend to drive?

Even with no intention to drive, smoking marijuana inside your vehicle is still prohibited. That makes sense considering how marijuana can affect you physically and mentally. You may not be planning to use the vehicle, but you may still move it accidentally in your impaired state.

One wrong move can lead to an accident, so it’s best to avoid being anywhere near your vehicle if you’re smoking marijuana.

By the way, flying an airplane and controlling a boat are also illegal actions when performed under the influence of marijuana.

Were you recently cited for violating one of Arizona’s laws regarding marijuana? If that’s the case, you will need expert legal representation.

A good attorney will argue on your behalf and prove your innocence if you were wrongfully accused. Your attorney can also negotiate for more lenient penalties on your behalf if you were found guilty of violating certain laws.

We at the Schill Law Group are ready to lend our legal expertise to all Arizona residents. Contact us today if you need expert legal minds fighting for you.

Fighting False Rape Accusations

by John Schill | Jan 21, 2021 | Assault

CRIMINAL DEFENSE LAWYERS

OVER 100 YEARS COMBINED EXPERIENCE

Fighting False Rape Accusations

Authorities must take rape accusations seriously. They must hear the charges and fully punish those guilty of harming women. Still, there are instances where a person may be in a tough spot due to false rape accusations against them.

As a society, we must not dismiss credible rape allegations, but we cannot allow false accusations to go unchallenged.

False rape accusations can be damaging in more ways than one. Make sure that the truth is revealed by finding out how you can combat false charges made against you. Please feel free to continue with the article to find out more about this essential topic.

How Arizona Law Defines Rape

The state of Arizona has various laws that focus on sex crimes. They vary in terms of the specific actions committed by the suspect. Let’s discuss them in greater detail below.

Sexual Assault

The first type of sex crime is sexual assault. Per Arizona law, sexual assault occurs when a person intentionally engages in oral sexual contact or sexual intercourse with another person who did not provide consent.

Sexual Conduct with a Minor

Arizona law also accounts for sexual conduct with a minor. Sexual conduct with a minor takes place when an individual intentionally engages in oral sexual contact or sexual intercourse with another person who is under eighteen years of age.

Sexual Abuse

Sexual abuse is another sex crime in Arizona. In cases of sexual abuse, the victim accuses the suspect of intentionally engaging in sexual contact. The case becomes a form of sexual abuse because the woman either did not provide consent or was under fifteen years of age at the time.

The Penalties for Committing Rape in Arizona

Crimes of a sexual nature are taken seriously in Arizona. They come with corresponding penalties that can lead to long prison sentences. Find out more about what those penalties are in this section of the article.

Penalties for Sexual Assault

Sexual assault is considered a class 2 felony in the state of Arizona. The minimum sentence for a class 2 felony in the state is four years in prison. The standard sentence is five years, while the maximum is ten years.

You should know that the length of the prison sentence for a sexual assault charge can change depending on certain circumstances. For instance, if the defendant in question is guilty of using certain chemicals prior to the assault, the minimum sentence becomes five years and four months; the standard sentence is seven years, while the maximum sentence goes up to fourteen years.

Individuals who injured their victim during the assault may receive life in prison with no possibility of parole.

Penalties for Sexual Conduct with a Minor

The age of the victim plays a significant part in determining what penalties a defendant may face after they are convicted of engaging in sexual conduct with a minor.

If the victim is 12 years old or younger, the suspect can be sentenced to life imprisonment with no possibility of parole. If the victim is twelve years old or younger, the suspect can receive life imprisonment with no possibility of parole. If the victim is above twelve years of age but not yet fifteen years old, the crime will be considered a class 2 felony, and the penalties mentioned previously will apply.

In a case where the victim is at least fifteen years of age, the crime will be considered a class 6 felony. The minimum penalty for a class 6 felony is six months in prison. The standard sentence is one year in prison and the maximum sentence is eighteen months in prison.

Penalties for Sexual Abuse

Age again plays a role in determining which penalties they impose upon those guilty of committing sexual abuse.

If the victim in the case is under fifteen years old, the crime will be a class 3 felony. Class 3 felonies come with a minimum sentence of two and a half years in prison, a standard sentence of three and a half years, and a maximum sentence of seven years.

Now, if the victim is fifteen or older, the crime will be considered a class 5 felony. Individuals charged will face a minimum sentence of nine months in prison. The standard sentence is eighteen months in prison, and the maximum sentence is two years.

The Other Penalties for Committing Sexual Crimes

Imprisonment is the main penalty that’s imposed upon those who commit the crime of rape, but that’s not the only thing.

Individuals found guilty of rape also become alienated from their friends, family members, and their community. They are treated as pariahs and saddled with a tarnished reputation they cannot shed. Finding work after you leave prison may also prove to be a nearly impossible undertaking if authorities convicted you of committing rape previously.

To be clear, individuals who are guilty of rape deserve to experience the consequences of their actions. The experience of being raped can have a life-long impact on their victim. The actions of guilty parties should not be easily forgotten.

Why Do People Make False Rape Accusations?

Now that we know more about how the state of Arizona defines rape and punishes those found guilty of the crime, let’s move to the topic of false rape accusations. To get started, let’s talk more about why people make those bogus accusations in the first place.

An Attempt to Gain an Advantage during Divorce Proceedings

It’s no secret that some marriages end badly. Even if the two sides have already agreed that divorce is necessary, that doesn’t mean the process itself will be orderly. If anything, tensions may rise during the divorce proceedings, and the entire ordeal may become more acrimonious.

To gain an edge during the increasingly more contentious divorce proceedings, one of the parties may allege that they were raped. Such a claim can completely shake up the proceedings and alter how it will ultimately go. Even if things were looking favorable for you at one point, that can flip quickly if your former spouse accuses you of rape.

With the false rape accusations now out there, your former spouse may gain more leverage. Your former partner may receive full custody of your children, and you may need to pay a substantial amount of spousal support while you deal with the fallout of the bogus allegations.

An Attempt to Extort Money

Money can motivate some people to do some underhanded things. In desperate times, people may even resort to extortion to keep their heads above water.

If you’re a successful entrepreneur in your community, you could end up being a target of an extortion attempt. An employee of yours may falsely accuse you of rape to squeeze money out of you.

An Attempt to Save Face

Picture this scenario: You entered a romantic relationship with another person, not knowing that the person in question was married. After some time, you discovered your partner’s cheating ways. Suddenly, your partner is now accusing you of rape to save their reputation and potentially salvage their marriage.

That would be a tough spot for you to be in, and it’s sadly not an impossible scenario. Getting divorced could be damaging to someone financially, and they may want to preserve their marriage any way they can, even if that means ruining an innocent person’s life in the process.

A Desire to Exact Revenge

You don’t need to be in the middle of divorce proceedings to receive a false rape charge. A jilted lover who is not happy with the end of a relationship may seek retaliation by lobbing false accusations against you.

Imagining such a scenario is difficult for many, but it can happen. The aftermath of a breakup can sometimes be difficult for individuals to deal with. Because of that, they resort to doing anything they can to hurt the person they once loved.

How to Disprove False Rape Accusations

Dealing with false rape accusations can be the most stressful experience of your life. However, you cannot afford to roll over. You must fight for your innocence and your reputation.

For this part of the article, we’ll focus on the things you must do to disprove the false rape allegations against you.

Hire a Lawyer Immediately

Before you do anything else in your attempt to disprove the false rape allegations that have come your way, you must first hire a lawyer. Understand that people will scrutinize all your actions after someone accuses you of raping them. You cannot afford to make a misstep that will make you look guilty.

Hire a lawyer right away and begin consulting with them. Talk to your lawyer before making any move to ensure that you aren’t doing something that could jeopardize your freedom.

Gather as Much Evidence as You Can

Following a sexual encounter with another person, that individual in question may attempt to take advantage of you by threatening to accuse you of rape. Even if it was consensual, your accuser may change their tune after the fact to get you to pay up.

One of the best things you can do in that scenario is to collect as much evidence as you can. Keep any messages – texts, emails, messages sent via apps – sent to you by your accuser, and don’t delete them. Preserve them to show that what happened between the two of you was consensual.

Witness testimony can also prove helpful to you. If there are people who saw the two of you together prior to what happened, they can provide context for what happened that day.

Your accuser will have a hard time coming up with physical evidence or even witness testimony to prove that you raped them if the allegations they’re making are all lies. On the other hand, you should gather a collection of evidence that you can use in court.

Minimize Contact and Communication with Your Accuser

Being on the receiving end of false rape allegations can be a destabilizing experience for anyone. While in that vulnerable state, your accuser may attempt to take advantage of you. They may try to get you to say or do things that could make you appear hostile towards them.

Obviously, it would be understandable if you are angry at the person making false accusations against you, but you cannot fall for their trap. One of the worst things you can do at that point is to give in to them and provide them with ammunition they can use against you during the trial.

The best thing you can do once you’ve decided to fight the false rape accusations is to cut off all contact with your accuser.

If cutting off contact is impossible because they’re your former spouse and the two of you are in the middle of divorce proceedings, look to minimize your interactions instead. In a situation such as that, ensure that all your communications are in writing, and feel free to bring other people along to bear witness to your interactions.

Stand Firm and Let the Facts Speak for Themselves

False rape accusations tend to fall apart under the slightest bit of scrutiny because they hold no substance whatsoever. At the end of the day, your accuser will still need to prove that you did something wrong, and they will have a hard time pulling that off with no evidence to work with.

Listen to your lawyer and remain firm at this time. Don’t forget that the facts of the case are on your side. As long as the facts are allowed to determine the case, you have nothing to fear.

Conclusion

False rape accusations are no joke. Fail to take them seriously, and you could end up in prison with a reputation in tatters.

Combat false rape accusations that may come your way by partnering with us at the Schill Law Group. Contact us today, and let’s work together on your defense against those baseless accusations.

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