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Factors that Can Impact Assault Charges

June 9, 2017

Sometimes situations can spiral out of control, and the police might be called as a result. Every situation is different, and there are always moving factors that can influence the way an altercation plays out. Continue reading to learn about some of the factors that you should think about.

Past Convictions

No matter what kind of charge you’re facing, your history will most likely be a factor. Remember that the point of the justice system is to keep dangerous people off the streets, but not everyone who is charged with a crime is necessarily dangerous. If you have had a couple of encounters with the system, you will be judged more harshly. Everyone makes mistakes, however, and assault often occurs in the heat of the moment. So, first time offenders may be treated with more lenience.

Characteristics of the Victim

If you’ve been charged with assault, it’s important to think about who the alleged victim of the crime was. Assaulting a child will come with a steeper punishment than assaulting someone your own age, and assaulting a minority may be construed as a hate crime. In other words, getting into a bar fight and hitting a minor can be seen very differently in the eyes of the law.

Nature of the Crime

It’s crucial to understand the circumstances, especially when it comes to an assault allegation. If you feel threatened or think that you’re in danger, sometimes assault is the only way to safety. Remember, it’s not illegal to defend yourself in a physical yet reasonable manner when you’re in danger. If you had a valid, legal reason for committing assault, this can help your case.

Everyone could use help when dealing with assault charges, so don’t wait to contact Janet Altschuler or visit her website. You can learn all about Ms. Altschuler’s services by calling her offices at (520) 247-1789, so find out how she can help you today.

What to Do If You’re Arrested

November 25, 2016

Whether you are arrested for a minor violation or you are charged with a felony, knowing how to deal with it can make your life a great deal easier. Your first task will be to post bail and talk to a lawyer, and then you’ll need to make sure you appear at your court date. Here is a closer look at what you should do if you are arrested.

Post Bail

Once you have been arrested, you will first want to figure out how you will post bail. Posting bail means paying a certain amount of money so that you can be released from jail and prepare your defense in the comfort of your own home. The amount that qualifies as bail will vary depending on your criminal history and the nature of the crime, and sometimes there is no bail set at all. If you cannot afford to post bail, you can talk to friends, family members, or a bail bondsman.

Talk to a Lawyer

An arrest is a big deal, and it can be difficult to plead your case by yourself. This is why it helps to hire a lawyer no matter how clean your background is or what you were arrested for. You will want to talk to a reputable lawyer as soon as you can so you can start to form your defense and figure out how to represent yourself in court.

Make Your Date

Even after posting bail and talking to a lawyer, you will still need to return to court for your hearing. It’s absolutely imperative that you make this meeting; if you don’t, a warrant may automatically be sanctioned for your arrest. You and your lawyer should both show up to your court date early and prepared. In some cases, your attorney may show up on your behalf.

If you are arrested in Arizona, call Janet Altschuler at (520) 247-1789 as soon as you can. Specializing in domestic violence, drug possession, and gun crime, she can be extremely helpful to your case. Visit Janet Altschuler’s website to learn more about her services.

Understanding Drug Trafficking Charges

November 18, 2016

If you have been arrested for drug trafficking in the past, you likely have some idea of what you’re dealing with. If it’s your first time dealing with this charge, however, you might be scared and wondering what to expect. You can learn a lot about drug trafficking charges through research, but you should also talk to your lawyer so you have support when dealing with your case.

Doing Your Research

There are countless factors that can play a role when it comes to drug trafficking charges, from your background to where you were when you were arrested. If you have the details, however, you can easily find information online that can help you understand what you might be facing. While you are researching drug trafficking charges online, you can also look for a lawyer in your area who can help you.

Talking to Your Lawyer

Though you can learn from the Internet, friends and family, and other resources, the best way to understand a specific drug trafficking charge is to talk to an experienced lawyer. The information you will find on your own is not absolute, and it won’t be specific to your circumstances. You’ll need to talk to a lawyer to fight your drug trafficking charges, and this is the best way to fully understand them as well.

Arguing Your Case

It can be nearly impossible to fight drug trafficking charges that you don’t understand, which is another reason it’s so important to talk to a lawyer. Once you do understand your charges, however, you and your lawyer can put together the best defense possible and overturn the case or minimize your repercussions.

Please do not hesitate to call Janet Altschuler at (520) 247-1789 if you are facing drug trafficking charges. In addition to drug trafficking, Ms. Altschuler can help with car accidents, embezzlement, and robbery. Visit her website to find out how she can help you today.

Make Sense of Outrageous Nebraska Laws

November 11, 2016

Of all the odd laws out there, some of the funkiest can be found in Nebraska. From diseases that may prevent you from getting married to laws banning children from belching during church service, you’ll want to look into Nebraska’s strange laws before heading there. Even if you live in Nebraska, you should research the law regarding bar owners brewing soup before opening up your own tavern. Continue on and try to make sense of these outrageous Nebraska laws.

You Can’t Marry with Gonorrhea

Modern laws governing marriage have been under significant debate for years, but Nebraska has one law that is particularly unusual. The law states that both the male and the female involved in the marriage must be at least seventeen years of age, but that is not the strange part. If either party has a venereal disease like gonorrhea, the marriage cannot legally take place. This is one Nebraska law that would be awkward to enforce.

Children Mustn’t Burp In Church

It’s always important to mind your manners, especially in a setting like church. A strange Nebraska law encourages children to be extra respectful, however; unless they want their parents to get in trouble. According to Nebraska law, a parent can be placed under arrest if his or her child burps during church.

Bar Owners Must Brew Soup

A bar owner typically needs to serve beer in order to keep the business running. In Nebraska, bar owners must be brewing a kettle of soup at the same time as they sell their beer. If they aren’t, the act is technically unlawful.

Mass Chaos: Strange Massachusetts Laws

November 4, 2016

Massachusetts natives tend to be known for their accents, but their state also has some strange laws on the books that might catch your attention. Be careful when you take a nap in this state, because there are laws governing snoring. Additionally you can’t put too much alcohol in candy, and your gun should be coming with you to church on Sundays. Keep reading if you’d like to take a closer look at some of the strangest Massachusetts laws.

Snoring Has Rules

Whether you have sleep apnea or you had a bit too much to drink, don’t let your snoring get out of control in Massachusetts. One peculiar law doesn’t completely ban snoring, but it does provide some very specific rules. If you are going to be snoring in Massachusetts, make sure the windows in your bedroom are both closed and locked.

Candy Can’t Be Too Alcoholic

Alcoholic candy might sound like a great idea to some people, and technically it’s legal in Massachusetts. If you’re going to sell alcoholic candy to another person, you’ll need to make sure it contains no more than one percent alcohol. This applies to liquid or syrup ingredients in the candy.

Bring Your Guns to Church

Many people visit out of state relatives during the holidays. If your typical holiday celebrations include going to church, there’s one law you should know about before you head to Massachusetts. Massachusetts has one law on the books that requires men to bring their rifles with them to church on Sundays.

What Can Put You in the Slammer in Alabama

September 30, 2016

Originally called the Alabama Territory, Alabama became a state on December 14, 1819. Since this momentous day, there have been several important and beneficial laws passed in the Heart of Dixie; however, Alabama has also passed some ridiculous laws that nonetheless still remain in place today.

Bear wrestling matches are prohibited.

Alabama has passed legislation ensuring that bears are not exploited in the Yellowhammer State. According to this law, an individual is guilty of unlawful bear exploitation—considered a Class B felony—if they promote, engage in, or are employed at a bear wrestling match. This law also makes it illegal to sell, purchase, possess, or train a bear for wrestling purposes. While this law sounds ridiculous, bear wrestling was once a pastime in the state, and the law is in truth meant to protect these animals from cruel treatment.

It is illegal to maim oneself to escape duty.

Alabama takes not only its animals’ rights seriously, but its residents’ work ethic as well. This law makes it illegal to maim or harm oneself for the purpose of either escaping legal duty or to obtain money or other charitable relief. One can only imagine the lengths at least one person must have once gone to for the purpose of shirking their duty in order to have this law drafted and passed.

Dominoes may not be played on Sunday.

Days of rest are also important under Alabama law. Certain acts are prohibited by state law to be performed in Sunday, including games of dominoes. If you are caught enjoying this simple game, you could be fined between $10 and $100 dollars for violating state code.

Try and Connect the Dots on These Connecticut Laws

September 23, 2016

Located in the United States’ Northeast region, Connecticut is the third smallest state in the nation, but also the fourth most densely populated. Known as the Constitution State, Connecticut is unfortunately not immune to silly laws that made little sense when they were passed and even less so in the modern era.  

In order for a pickle to officially be considered a pickle, it must bounce.

Pickles are taken quite seriously in Connecticut, to the point where authentication is required before a food can officially be called a “pickle.” According to Connecticut law, a pickle may not be labeled or sold as such unless it bounces. Hopefully, the pickles are washed after testing.

You can be stopped by the police for biking over 65 miles per hour.

This state law, which prohibits biking at a speed greater than 65 miles per hour, fortunately won’t likely apply to the average bicyclist, who typically rides at nine to twelve miles an hour. Fit bikers may reach speeds of 25 miles per hour on flat roads for short distances, but speeds much greater than this are difficult for even serious athletes to achieve. This information leaves one to wonder how many Connecticut bicyclists are able to bike at 65 miles per hour to require such a law in place.

It is illegal for fire trucks to exceed 25 miles per hour, even when going to a fire.

The town of New Britain, CT, has additional ideas about the maximum speed of certain vehicles. Prohibiting fire trucks to exceed 25 miles per hour, even when responding to a fire, seems a bit backwards—perhaps the firefighters should ride bicycles, instead!

What Happens If You Lose Your Gun Rights?

September 16, 2016

Arizona law restricts or removes the gun rights of “prohibited possessors,” which are individuals who have been convicted of a felony or domestic violence misdemeanor. Although some convictions automatically terminate the right to possess a firearm, there are channels available for many offenders to petition for their reinstatement. If you have lost your gun rights due to a criminal conviction in Arizona, it’s important to understand whether your firearms rights can be restored and how to achieve this goal.

Determining Your Restoration Eligibility

Arizona law holds several requirements regarding the ability to petition for restoration of gun rights. In general, felony offenders must wait to petition for the restoration of their rights until at least two years after their discharge from probation. Felony offenders convicted of murder or manslaughter, aggravated assault, armed robbery, dangerous crimes against children, kidnapping, arson, first-degree burglary, or sexual conduct with a minor must wait a period of ten years following probation to apply for gun right reinstatement. Furthermore, some felony offenders may not have their gun rights reinstated at any point; these felonies mainly include convictions in which a weapon was used to commit a crime or cause serious injury.

Applying for Gun Right Reinstatement

Once you are eligible to have your gun rights reinstated, you must file an application for rights restoration with the court in which you were convicted. This may be done via either court forms or by filing a custom motion. However, it’s important to recognize that eligibility and a completed application do not necessarily mean that your gun rights will be reinstated—this is why it’s best to work with a criminal defense attorney when you wish to reinstate your gun rights. Your attorney will fight for your rights to own a gun, even if your prosecutor continues to argue against them.

Have you suffered the loss of gun rights in Arizona following a felony or misdemeanor? Janet Altschuler, Attorney at Law can help—please give us a call at (520) 247-1789 or visit our website for more information about our criminal defense practice in Tucson.

Classifying Felonies in Arizona

September 9, 2016

All crimes fall into one of two categories: Misdemeanors and felonies. While misdemeanors are considered more minor crimes, felonies are treated as more serious crimes that carry much more severe consequences if a conviction occurs. Regardless of whether you have been charged with a misdemeanor or felony, you have the right to legal counsel and representation with an experienced defense attorney during the legal process.

Arizona’s Felony Classes

In the state of Arizona, felonies fall into one of six classes. Class 6 felonies are considered the least severe and carry the shortest maximum jail sentence of only one year. As felonies grow progressively more severe, they carry longer jail sentences—Class 5 penalties are punishable by up to 1.5 years in jail, Class 4 penalties by 2.5 years of jail time, Class 3 penalties result in 3.5 years in jail, and Class 2 penalties can carry a sentence of up to five years. Class 1 felonies are the most severe, with punishments ranging from 25 years to life in prison or, typically in cases of first-degree murder, the death penalty.

First-Time versus Multiple Offenders

It’s important to note that the jail sentences listed above apply only to first-time felony offenders. This means that they are the maximum sentences an individual would serve the first time he is convicted of a felony, regardless of the number of times he may have been charged. The potential sentence for second- and third-time felony offenders is greater, and often amounts to two to three times the sentence length for first-time offenders following a conviction.

Janet Altschuler, Attorney at Law is here to help if you are charged with a misdemeanor or felony in Tucson. Ms. Altschuler has extensive experience in many areas of criminal law, including domestic violence, drug possession, gun crime, and assault. You can reach us any time via our website or by phone at (520) 247-1789 to schedule a free initial legal consultation 24 hours a day, regardless of whether you are at home or currently in custody.

Prosecutors who falsify or withhold evidence could become felons under proposed state legislation – The Orange County Register

August 30, 2016

Prosecutors who intentionally withhold or falsify evidence could be charged with a felony under a new bill winding through the state Legislature.

The proposal by Assemblywoman Patty Lopez, D-San Fernando, comes as prosecutors in Orange County face accusations that they’ve routinely misused jailhouse informants and withheld information from defense attorneys.

To continue reading this article, click here.

It has been about 10 years now since the controversy with Pima County Attorneys Ken Peasely and David White. Both are now deceased and few people discuss the accusations of prosecutorial misconduct levied against them. The charges were serious. Mr. Peasely lost his license to practice law and Mr. White, had he not died, would have had to face a similar process.

Larger punishments like criminal charges do little to curb prosecutors or help them police themselves. It is the defense attorney working diligently and speaking loudly against such abuses that ultimately reveals the corrupt bad guys.