The Crime of Unlawful Flight
What is the crime of Unlawful Flight in Arizona? In Arizona, Unlawful Flight is also known as and sometimes called ‘Felony Flight’. However, it is officially titled Unlawful Flight in the Arizona statutes and is a class 5 felony. (see Consequences of a Felony Conviction in this blog)
The crime of Unlawful Flight can be charged where the State can prove that the driver of a vehicle willfully fled from or attempted to elude a pursuing law enforcement vehicle. That law enforcement vehicle must meet the legal requirements of being appropriately marked and identifiable as an official law enforcement vehicle under Arizona law. Additionally the driver of the law enforcement vehicle must also take action to meet some additional requirements under Arizona law. This usually amounts to the driver turning on the red or blue lights and using an audible siren.
Many involved in law enforcement would define Unlawful Flight as being chased by a police car that has its lights and siren activated. As an Arizona State Prosecutor, I tried this crime many times and discovered that the statute in Arizona is not that simple. The fact that the State has elected to charge you with Unlawful Flight does not necessarily mean they can meet the all the requirements to prove it.
There are some elements that can be challenging for the State such as proving that the person charged was ‘willfully’ fleeing or attempting to elude. Arizona law enforcement now uses many different types of vehicles and the requirements of being appropriately marked, and the use of lights and siren are not always a given.
THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
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June 29, 2009
June 26, 2009
A Class 6 Undesignated Felony Offense
A Class 6 Undesignated Felony Offense, also known as a ‘6-Open’ in Arizona
What is a class 6 undesignated felony offense? A class 6 undesignated felony offense, is also frequently referred to as a 6-open felony. In Arizona, at the time of sentencing for a class 6 felony offense a judge may leave the offense undesignated. This means that the offense has not yet been designated a felony conviction. In other words the felony designation is suspended or remains undetermined and may eventually be designated a misdemeanor as opposed to a felony. This is usually done to create an incentive to successfully complete a probationary term.
In lay terms it works like this: The State or court agrees to leave the offense undesignated. If you do everything you are supposed to do and successfully complete probation, the offense may be designated a misdemeanor thereby avoiding the serious consequences having of a felony conviction on your record. (see Consequences of a Felony Conviction in this blog) This creates a strong incentive to successfully complete probation and ‘earn’ a misdemeanor. The interests of the State are served because if the individual does not take advantage of this opportunity to prove themselves on probation, does not successfully complete probation, does poorly on probation, or commits another offense, the court may then designate the offense a felony.
A class 6 felony is the least serious category of felony in Arizona. Many times more serious or higher category felony offenses are reduced to class 6 felonies in order to ‘open them’ or leave them undesignated at the time of sentencing. For instance you may be charged with a class 4 felony offense, but offered a plea agreement to a class 6 undesignated felony.
In Arizona, the ability of the court to leave an offense undesignated is a valuable tool available to the court to create great incentive for probationers to do well on probation. It is also a last chance and valuable opportunity for those facing felony convictions to have the ability to prove to the court that they deserve to carry on with their lives without the burden being a felon.
THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations
What is a class 6 undesignated felony offense? A class 6 undesignated felony offense, is also frequently referred to as a 6-open felony. In Arizona, at the time of sentencing for a class 6 felony offense a judge may leave the offense undesignated. This means that the offense has not yet been designated a felony conviction. In other words the felony designation is suspended or remains undetermined and may eventually be designated a misdemeanor as opposed to a felony. This is usually done to create an incentive to successfully complete a probationary term.
In lay terms it works like this: The State or court agrees to leave the offense undesignated. If you do everything you are supposed to do and successfully complete probation, the offense may be designated a misdemeanor thereby avoiding the serious consequences having of a felony conviction on your record. (see Consequences of a Felony Conviction in this blog) This creates a strong incentive to successfully complete probation and ‘earn’ a misdemeanor. The interests of the State are served because if the individual does not take advantage of this opportunity to prove themselves on probation, does not successfully complete probation, does poorly on probation, or commits another offense, the court may then designate the offense a felony.
A class 6 felony is the least serious category of felony in Arizona. Many times more serious or higher category felony offenses are reduced to class 6 felonies in order to ‘open them’ or leave them undesignated at the time of sentencing. For instance you may be charged with a class 4 felony offense, but offered a plea agreement to a class 6 undesignated felony.
In Arizona, the ability of the court to leave an offense undesignated is a valuable tool available to the court to create great incentive for probationers to do well on probation. It is also a last chance and valuable opportunity for those facing felony convictions to have the ability to prove to the court that they deserve to carry on with their lives without the burden being a felon.
THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations
June 23, 2009
Misdemeanors in Arizona
Misdemeanors in Arizona
What is a misdemeanor? First of all it is important to understand that it is a crime subjecting you to criminal prosecution and a criminal record. Historically misdemeanors have been defined as a criminal offense which is punishable by a sentence of incarceration for not more than a year. In Arizona, you cannot receive more than six (6) months for a misdemeanor conviction.
Consequences of a Misdemeanor in Arizona
What are the consequences of a misdemeanor in Arizona? That may depend on the level of misdemeanor. In Arizona there are three types or categories of misdemeanors. Misdemeanors are divided into classes. A class 1 misdemeanor is the most serious, while a class 3 misdemeanor is the least serious. Each class of misdemeanor has a maximum penalty. In other words the court cannot impose a sentence greater than the following:
For a class 1 up to six (6) months in jail and a $2,500.00 fine
For a class 2 up to four (4) months in jail and a $750.00 fine
For a class 3 up to thirty (30) days in jail and a $500 fine
It is important to understand but arguably difficult to understand that although Arizona law sets a limit on the maximum fine that can be imposed, the legislature has been free to add mandatory surcharges, assessments, jail costs, and other fees which in some cases can double or triple the original fine amount.
In addition to jail and fines, under Arizona law a conviction for a misdemeanor may also involve, and in some cases require some additional penalties including:
Criminal record
Probation
Community service
Loss of the right to possess a firearm
Classes
Drug or alcohol testing and treatment
Mandatory suspension or revocation of your driver’s license
Diversion
THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations
What is a misdemeanor? First of all it is important to understand that it is a crime subjecting you to criminal prosecution and a criminal record. Historically misdemeanors have been defined as a criminal offense which is punishable by a sentence of incarceration for not more than a year. In Arizona, you cannot receive more than six (6) months for a misdemeanor conviction.
Consequences of a Misdemeanor in Arizona
What are the consequences of a misdemeanor in Arizona? That may depend on the level of misdemeanor. In Arizona there are three types or categories of misdemeanors. Misdemeanors are divided into classes. A class 1 misdemeanor is the most serious, while a class 3 misdemeanor is the least serious. Each class of misdemeanor has a maximum penalty. In other words the court cannot impose a sentence greater than the following:
For a class 1 up to six (6) months in jail and a $2,500.00 fine
For a class 2 up to four (4) months in jail and a $750.00 fine
For a class 3 up to thirty (30) days in jail and a $500 fine
It is important to understand but arguably difficult to understand that although Arizona law sets a limit on the maximum fine that can be imposed, the legislature has been free to add mandatory surcharges, assessments, jail costs, and other fees which in some cases can double or triple the original fine amount.
In addition to jail and fines, under Arizona law a conviction for a misdemeanor may also involve, and in some cases require some additional penalties including:
Criminal record
Probation
Community service
Loss of the right to possess a firearm
Classes
Drug or alcohol testing and treatment
Mandatory suspension or revocation of your driver’s license
Diversion
THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations
June 22, 2009
Felony Racing in Arizona
Felony Racing in Arizona
The crime of Felony Racing on Highways in Arizona is something that may not be familiar to many people including some law enforcement officials. What is Felony Racing? While some Arizonans may be acquainted with the crime of Racing, fewer are familiar with the crime of Felony Racing. The crime of Racing is normally charged as a class 1 misdemeanor. In Arizona, Felony Racing is just as it sounds, a felony. It is a class 6 felony to be exact.
You can be convicted of Felony Racing if you commit the crime of Racing within twenty-four (24) months of a previous conviction for Racing. In other words, if you are convicted of two (2) Racing charges within two (2) years, the second conviction can be charged as a felony.
Consequences of Felony Racing
What are the consequences of Felony Racing? First of all, any felony conviction may result in long term negative consequences to many aspects of your life. (see Consequences of a Felony Conviction in this blog) Beyond the consequences of a felony, Arizona law requires some additional penalties for anyone convicted of Felony Racing, including:
A mandatory jail sentence of not less than ten (10) days
A mandatory fine of not less than $500.00
Mandatory revocation of your driver’s license
THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations
The crime of Felony Racing on Highways in Arizona is something that may not be familiar to many people including some law enforcement officials. What is Felony Racing? While some Arizonans may be acquainted with the crime of Racing, fewer are familiar with the crime of Felony Racing. The crime of Racing is normally charged as a class 1 misdemeanor. In Arizona, Felony Racing is just as it sounds, a felony. It is a class 6 felony to be exact.
You can be convicted of Felony Racing if you commit the crime of Racing within twenty-four (24) months of a previous conviction for Racing. In other words, if you are convicted of two (2) Racing charges within two (2) years, the second conviction can be charged as a felony.
Consequences of Felony Racing
What are the consequences of Felony Racing? First of all, any felony conviction may result in long term negative consequences to many aspects of your life. (see Consequences of a Felony Conviction in this blog) Beyond the consequences of a felony, Arizona law requires some additional penalties for anyone convicted of Felony Racing, including:
A mandatory jail sentence of not less than ten (10) days
A mandatory fine of not less than $500.00
Mandatory revocation of your driver’s license
THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations
Aggravated DUI in Arizona?
Aggravated DUI in Arizona
What is an Aggravated DUI? In Arizona, Aggravated Driving Under the Influence (Aggravated DUI) is a felony offense. (see Consequences of a Felony Conviction in this blog) In an Aggravated DUI, the elements of DUI remain the same as for a misdemeanor DUI. (see Driving Under the Influence in Arizona in this blog) To be Aggravated however, the State must prove in addition to the elements of DUI one of the following:
1. The accused person’s driver license or privilege to drive was suspended, canceled, revoked, refused, or restricted as a result of a DUI, and the accused knew, or should have known it was suspended, canceled, revoked, refused, or restricted. This offense is a class 4 felony.
2. The accused has two DUI convictions within 7 years. This offense is a class 4 felony.
3. A person under 15 years of age was in the vehicle. This offense is a class 6 felony. (see Consequences of DUI with Kids in the Car in this blog)
Aggravated DUI is a serious charge, with serious consequences and penalties. Arizona Motorists should be aware of the consequences and penalties of Aggravated DUI. (see Consequences of Aggravated DUI in this blog)
THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations
June 21, 2009
Driving Under the Influence (DUI) in Arizona
Driving Under the Influence (DUI) in Arizona
Driving Under the Influence (DUI) in Arizona is not just a traffic ticket. It is a crime. In Arizona DUI is a class 1 misdemeanor which is the most serious of the three categories of misdemeanors in Arizona. Arizona drivers should be educated as to what constitutes a DUI under Arizona law to avoid criminal consequences. A driver or someone in actual control of a vehicle can be convicted of DUI three different ways in the State of Arizona.
1. Impaired to the slightest degree
There is no actual 'legal limit' in the State of Arizona contrary to what many believe. If the State can prove that your ability to drive has been impaired to the slightest degree by the use of alcohol, drugs or any combination of drugs (including prescription) you may find yourself convicted of DUI.
2. .08% or more within two hours of driving
If the State can prove that your blood alcohol concentration is .08% or more within two hours of operating or being in control of a vehicle you may find yourself convicted of a DUI. At .08% you are presumed to be impaired. The additional charge of Extreme DUI with heavier penalties can be brought against you if the State is able to prove that your alcohol concentration is .15% or more within two hours of driving or being in actual control of a vehicle. The additional charge of Super Extreme DUI with even heavier penalties can be brought against you if the State is able to prove that your alcohol concentration is .20% or more within two hours of driving or being in Actual control of a vehicle.
3. Non-prescribed drug or its metabolite in the body
If your blood or urine contains a non-prescribed drug listed in A.R.S. 13-3401 (which is a listing of illegal drugs and drugs that require a prescription), and the State can prove you have been driving or in actual control of a vehicle, you may find yourself convicted of DUI.
THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations
Driving Under the Influence (DUI) in Arizona is not just a traffic ticket. It is a crime. In Arizona DUI is a class 1 misdemeanor which is the most serious of the three categories of misdemeanors in Arizona. Arizona drivers should be educated as to what constitutes a DUI under Arizona law to avoid criminal consequences. A driver or someone in actual control of a vehicle can be convicted of DUI three different ways in the State of Arizona.
1. Impaired to the slightest degree
There is no actual 'legal limit' in the State of Arizona contrary to what many believe. If the State can prove that your ability to drive has been impaired to the slightest degree by the use of alcohol, drugs or any combination of drugs (including prescription) you may find yourself convicted of DUI.
2. .08% or more within two hours of driving
If the State can prove that your blood alcohol concentration is .08% or more within two hours of operating or being in control of a vehicle you may find yourself convicted of a DUI. At .08% you are presumed to be impaired. The additional charge of Extreme DUI with heavier penalties can be brought against you if the State is able to prove that your alcohol concentration is .15% or more within two hours of driving or being in actual control of a vehicle. The additional charge of Super Extreme DUI with even heavier penalties can be brought against you if the State is able to prove that your alcohol concentration is .20% or more within two hours of driving or being in Actual control of a vehicle.
3. Non-prescribed drug or its metabolite in the body
If your blood or urine contains a non-prescribed drug listed in A.R.S. 13-3401 (which is a listing of illegal drugs and drugs that require a prescription), and the State can prove you have been driving or in actual control of a vehicle, you may find yourself convicted of DUI.
THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations
June 20, 2009
Consequences of Aggravated DUI
Consequences of Aggravated DUI in Arizona
This is a discussion of the consequences and penalties for a class 4 Aggravated DUI in Arizona. (see What is Aggravated DUI? in this blog)
For consequences and penalties for a class 6 Aggravated DUI (see Consequences of DUI with Kids in the Car in this blog)
There are many serious consequences for an Aggravated DUI conviction in Arizona. What are the consequences of Aggravated DUI? If you are convicted of Aggravated DUI, a class 4 felony your penalties may include:
Felony Conviction (see Consequences of a Felony Conviction in this blog)
Felony Probation In sentencing the judge can elect whether to impose a prison sentence or place you on probation. You may receive up to 10 years of supervised probation. If the judge imposes probation, you are required to serve a minimum of four (4) months in prison as a term of that probation mandated by Arizona law.
Mandatory Prison For a first offense, the maximum penalty is 3.75 years in prison. The minimum prison sentence a judge can impose if you are convicted of Aggravated DUI is four (4) months in prison. That is four (4) months in the Department of Corrections with no work release or work furlough.
Mandatory Fines The mandatory fines and assessments can be distressing. Fines can be imposed up to $150,000.00, but usually you should expect several thousand.
Vehicle Forfeiture The State of Arizona can take your vehicle.
License Revocation Your license and privilege to drive will be revoked for a minimum of 3 years. This means you will not be able to drive at all for 3 years. You are not eligible to apply for any type of license for three years.
Interlock Device After you endure a minimum of three (3) years of your driver’s license being revoked, and are able to re-instate your driver’s license, you will still be required to install an interlock device on any vehicle you drive, sometimes for years to come.
Insurance After you endure the revocation, and are required to install an interlock device, you still may face great challenges in obtaining auto insurance.
Mandatory Classes You will be required to attend and complete alcohol or other drug screening, education or treatment from an approved facility.
Community Service You may be required to perform community service hours as part of the terms of probation.
Forever Prior Many felony convictions cannot be used to enhance future sentences after a specified period of time, this is not so with an Aggravated DUI conviction. There is not limitation placed on the amount of time the State may use a conviction for Aggravated DUI to enhance a future sentence.
THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations
This is a discussion of the consequences and penalties for a class 4 Aggravated DUI in Arizona. (see What is Aggravated DUI? in this blog)
For consequences and penalties for a class 6 Aggravated DUI (see Consequences of DUI with Kids in the Car in this blog)
There are many serious consequences for an Aggravated DUI conviction in Arizona. What are the consequences of Aggravated DUI? If you are convicted of Aggravated DUI, a class 4 felony your penalties may include:
Felony Conviction (see Consequences of a Felony Conviction in this blog)
Felony Probation In sentencing the judge can elect whether to impose a prison sentence or place you on probation. You may receive up to 10 years of supervised probation. If the judge imposes probation, you are required to serve a minimum of four (4) months in prison as a term of that probation mandated by Arizona law.
Mandatory Prison For a first offense, the maximum penalty is 3.75 years in prison. The minimum prison sentence a judge can impose if you are convicted of Aggravated DUI is four (4) months in prison. That is four (4) months in the Department of Corrections with no work release or work furlough.
Mandatory Fines The mandatory fines and assessments can be distressing. Fines can be imposed up to $150,000.00, but usually you should expect several thousand.
Vehicle Forfeiture The State of Arizona can take your vehicle.
License Revocation Your license and privilege to drive will be revoked for a minimum of 3 years. This means you will not be able to drive at all for 3 years. You are not eligible to apply for any type of license for three years.
Interlock Device After you endure a minimum of three (3) years of your driver’s license being revoked, and are able to re-instate your driver’s license, you will still be required to install an interlock device on any vehicle you drive, sometimes for years to come.
Insurance After you endure the revocation, and are required to install an interlock device, you still may face great challenges in obtaining auto insurance.
Mandatory Classes You will be required to attend and complete alcohol or other drug screening, education or treatment from an approved facility.
Community Service You may be required to perform community service hours as part of the terms of probation.
Forever Prior Many felony convictions cannot be used to enhance future sentences after a specified period of time, this is not so with an Aggravated DUI conviction. There is not limitation placed on the amount of time the State may use a conviction for Aggravated DUI to enhance a future sentence.
THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations
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