CRIMINAL LAW SPECIALIZING IN: DUI, DRUG CHARGES, MISDEMEANOR OFFENSES
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If you have been arrested or cited with a criminal offense, chances are this is a scary experience. Furthering this, is the fear of the unknown of what is to come with the legal process and the potential effect a criminal conviction could have on your future. Securing an experienced attorney who can be a partner with you through this process and defend your rights may be the right move for you. But with all the options for defense attorneys around, who is the best to choose to get the best result? Aaron Burroughs will use his experience working in the criminal justice system as a prosecutor to protect your rights and will work with you and the prosecuting agency and judge to get the best possible outcome for you.
Arizona is known for its tough DUI laws. Being charged with a DUI means that you are facing not only mandatory jail time if convicted but steep fines, probation, an ignition interlock, a driver’s license suspension, counseling and even restitution. These penalties can get much harsher if you have previously been convicted of a DUI or if you were tested and the alcohol level in your blood was measured to be substantially over the legal limit. As a prosecutor, Aaron handled hundreds of DUI cases. Because of his extensive knowledge in this field, he understands the best ways to defend your rights and limit your exposure to these harsh penalties.
Driving on a Suspended License in Arizona is considered a class 1 misdemeanor and, accordingly, is subject to a $2500 fine with a surcharge as well as a potential of up to 6 months in jail. Often, if you are charged with this offense, your vehicle will be towed, also incurring an additional expense. Aaron understands the intricacies of defending such cases and the potential options available to you.
In Arizona, a speeding ticket can also be a class 3 criminal misdemeanor offense if the officer cites you going above 85 miles per hour anywhere in the state. You can also receive this charge if you are going 20 miles over the posted speed limit or going over 35 in a school zone. Being cited with this offense exposes you to potentially having a criminal record along with points on your driving record.
If you are charged with Aggressive Driving, a class 1 misdemeanor, you are facing potential jail time of up to six months, a fine of $2,500 plus a surcharge and up to three years of probation. In addition to this, if convicted, a defendant would also be required to attend traffic survival school and receive 8 points on their driving record.
This offense requires the prosecutor to prove a few elements:
- Defendant was speeding; and
- Created an immediate hazard to another person or vehicle by their driving; and
- Did two of the following:
- Failed to obey a traffic control device
- Overtook and passed another vehicle on the right or drove on the pavement
- Unsafe lane change
- Followed another vehicle too closely
- Failed to yield to the right-of-way
Reckless Driving is more of a catch-all offense that is often used by officers when citing and is difficult to define. The law states that a “person who drives a vehicle in reckless disregard for the safety of persons or property is guilty or reckless driving.” This offense is a jury trial eligible offense and may be difficult for a prosecutor to prove. A look at the particular circumstances surrounding this charge would be a good thing to do with a qualified defense attorney.
This offense is a catch-all for law enforcement and can be difficult to define. A misdemeanor Disorderly Conduct is a class 1 misdemeanor and is defined as:
A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:
- Engages in fighting, violent or seriously disruptive behavior; or
- Makes unreasonable noise; or
- Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
- Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or
- Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency.
If you have been charged with this offense and it was alleged to have been committed against a family member or roommate, it will have a designation as a domestic violence offense. If convicted, this offense would require mandatory domestic violence classes and subsequent domestic violence offenses would mean a ratcheting up of consequences. If charged with a domestic violence offense, call Aaron today to discuss your options.
If you have been charged with misdemeanor shoplifting or theft, you are facing a class 1 misdemeanor, meaning the maximum penalty is up to 6 months jail, 3 years probation and a fine of $2,500 plus a surcharge. While the maximum penalty is usually not given for a first offense, the consequences of a criminal conviction can have long-lasting effects. These offenses are misdemeanors but can be elevated to felonies if there are aggravating factors such as: the monetary amount taken or the number of previous convictions for this offense. Call today to discuss your legal options.
Arizona recently passed Proposition 207, a law legalizing recreational marijuana, which should take effect in March of 2020. But it is still unlawful to knowingly possess a useable amount of marijuana if you are under the age of 21 or consume marijuana in public places. This legalization does not mean that individuals can have active metabolites in their system while they drive a car or boat. If you have been charged with Possession of Marijuana, call today to discuss your options.
Arizona law classifies possession or use of Dangerous Drugs as a class 4 felony. Dangerous Drugs, as defined by statute, include methamphetamine, ecstasy and mushrooms. As a class 4 felony, being convicted of this crime carries some serious consequences. Often, for first time offenders, your attorney can advocate for either a diversion offer from the prosecutor, or the opportunity to earn a misdemeanor by pleading to a class 6 undesignated felony, meaning a misdemeanor can be earned.
Possession or Use of Narcotic Drugs is a class 4 felony in the State of Arizona. Narcotic Drugs include heroin, cocaine, and opiate pills. Like a Dangerous Drugs charge, there is the potential for a defendant to participate in diversion for a first- time offense.
(Minor in Consumption or Minor in Possession)
Arizona law prohibits individuals under the age of 21 to either consume alcohol or be in possession of alcohol. Minor in Consumption is a class 2 misdemeanor while a Minor in Possession charge is a class 1 misdemeanor, meaning that if convicted, a defendant who isn’t even 21 years old will have a criminal record going forward and may face substantial fines, probation and even jail time. If you have been charged with one or both of these charges, contact Aaron Burroughs to discuss your options and defenses. Often, for a first offense, an attorney can advocate for his client to receive the opportunity to participate in a diversion program, allowing for a dismissal of the case once complete.
If you have been charged with providing alcohol to a minor, a class 1 misdemeanor, you can face a fine of up to $2500 plus surcharge, 3 years of probation, as well as up to 6 months in jail. This conviction can have particularly devastating effects if the defendant is in college as a conviction may result in loss of scholarship or even expulsion from school.
In Arizona, an individual can be charged with a class 1 misdemeanor if they contract to perform or even bid on construction services without having the appropriate contractor’s license. There is an exception for handyman work. The handyman exception allows individuals who contract for LESS THAN one thousand dollars to not have a license. This area of the law intertwines elements of both civil and criminal law as victims of this crime are entitled to restitution. Often, this requires a restitution hearing where loss is determined by a justice of the peace. A skilled attorney may be able to secure a misdemeanor compromise in this case, which ultimately means a dismissal can be achieved in the case even before trial.
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