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Child Abuse Child Endangerment

DUI/DWIs and the Presence of Minor Children

The number of DUI offenders arrested with minors present in the vehicles is astounding. News stories in the United States are filled with such occurrences. A DUI arrest is a sad event for any child to witness, but subjecting them to such a possibility in the first place is even worse. If you intend to drink, do so responsibly, especially if children are present. And if you choose to drive after consuming any amount of alcohol, do not bring your kids, grandkids, or other children along for the ride.

DUI in Arizona with Kids in the Car:


Risks

First of all, drunk driving subjects children to unnecessary danger, as well as potential trauma from having witnessed the resulting consequences, including an accident and/or arrest. Second of all, anytime you get behind the wheel of a vehicle after having had too much to drink, you run the likely risk of being pulled over and charged with a DWI. The punishments for such offenses are harsh enough, and if there are minors present in your vehicle at the time of your arrest, those consequences only worsen. The dangers of drunk driving, as well as the consequences of drunk driving with a minor in the car should be enough to make you think  twice before consuming any amount of alcohol and then loading the kids into the car for even a short ride.

 

Consequences

In Arizona, a DUI with kinds in the car is considered to be an Aggravated DUI charge. The mandatory prison time in Arizona for an Aggravated DUI charge is 4 months in prison and loss of your driver’s license for at least 3 years including Alcohol and Screening classes. The State of Arizona takes these DUI offenses very serious and the penalties reflect this view.

For example in New York State if you are charged with a DWI in Rochester, NY, you are subject to New York State laws, you face higher fines and a potentially lengthier incarceration period if a child under the age of 16 is present in the vehicle at the time of the offense.  While you might only receive a few days in jail or a fine of just $1000 or so with a normal (non-repeat) DWI offense, if you’re found guilty of a DWI while a minor was present in the car, you can face up to four years in prison and $5,000 or more in fines. The bottom line? Avoid drinking and driving at all costs, but if you do drive after drinking, leave the kids out of the equation.

 

Guest Post provided by Rochester DWI Attorneys:

If you have been charged with a Rochester DWI, do not walk into court alone and attempt to defend yourself. Let qualified Rochester DWI lawyers review your case and defend you in court, whether you had a minor in the vehicle at the time of your offense or not.


Child Pornography Cases and Computer Forensics

Today David Michael Cantor, a Sex Crime Defense Lawyer, based in Phoenix, AZ, discusses Child Pornography Cases and Computer Forensics.

As David mentioned in last years video post about Limewire closing down, more people are finding themselves on the wrong end of the law because of various file sharing programs. Almost immediately after Limewire closed the network was shifted over to Frostwire allowing people to continue to download files from other users computers easily and with unforeseen dangers. As David explains again, but in more detail in this video, when you download files from other peoples computers it is very easy to unknowingly download child pornography and other files that can result in decades of prison time.

In this video David goes into further technical detail about how various files end up on your computer. Even when you delete a file from your computer there can still be parts of the file on your computer that can be used as evidence against you.

If you do find yourself or someone you know in trouble for this type of activity it is important that you get competent and experienced legal representation. It is also critical that a computer forensics expert be involved as well.

Tami Loehrs: Computer Forensics Expert (520) 219-6807

Kim Hart: False Allegation of Abuse Trial Consultant (419) 868-6016


Youtube mom busted for child abuse Social Media Lawyer


Today, child abuse lawyer David Cantor talks about a recent case in Florida where a mother has been arrested for child abuse. The interesting twist on this story is how she was busted: via a video on Youtube documenting her cheering on her 16 year old daughter while she was fighting another girl. Give this lady a nomination for worst mother of the year on the first count of encouraging her daughter to fight over a boy, second for disregarding that her daughter has a history of head injuries, and third for not realizing that everything gets recorded and ends up on Youtube.


Phoenix Criminal Defense Lawyer David Michael Cantor on What to Do if You’re Charged with Child Abuse

If you have been charged with Child Abuse, you’re going to require a skilled Phoenix Criminal Defense Lawyer.

The key to defending a charge of Child Abuse / Vulnerable Adult Abuse is to demonstrate first and foremost that any alleged abuse was not done “intentionally” or “knowingly” and remove them from the most serious punishment range (i.e., “Lack of Intent” or “Lack of Knowledge”).

The vast majority of Child Abuse cases are charged under the “recklessness” and “negligence” standards. The key is demonstrating that a person was not “reckless” and that their conduct was not a “gross deviation” from the standard that a reasonable person would observe in this situation. In regards to “negligence”, it must be shown that the person’s care was not a “gross deviation” from the standard that a reasonable person would observe in this situation. For example, if you are at the park and your child is playing on the jungle gym, and happens to fall off and break their arm, most people would agree that you have not engaged in a “gross deviation” from the standard of conduct or standard of care that a reasonable person would observe in that situation. The same applies to other household injuries. A mother or father cannot be expected to be next to their child 24 hours a day. Sometimes children are playing and they just accidentally injury themselves (this happens every day).

Click here to learn more about possible defenses and/or punishment for a Child Abuse charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Criminal Defense Lawyer, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Criminal Defense Lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Lawyers are ex-Prosecutors, and all of our Phoenix Criminal Defense Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Criminal Defense Lawyer David Michael Cantor.


Phoenix Criminal Law Attorney David Michael Cantor on What to Do if You’re Charged with Child Molestation

If you have been charged with Child Molestation, you’re going to require a skilled Phoenix Criminal Law Attorney.

Many times these Child Molestation charges arise during the pendency of a divorce proceeding. In other words, the Defendant’s soon to be ex-spouse, or an angry teenager who wants her father or step-father “out of the picture”, will make up these false allegations. It is important to challenge these charges immediately by reviewing how the report was initially received; obtaining any CPS reports which were prepared; questioning any forensic interviewers which may have talked to the child; obtain any divorce paperwork that may have previously been filed; and potentially obtain a polygraph of the Defendant in order to show that he is, in fact, innocent. All of these procedures must be done rapidly, because once a person is charged, they are “non-bondable” and will sit in jail until the case resolves. This means that if you have a million dollars in your pocket, you will still sit in jail until these charges finalize. This is why these allegations are so dangerous when they come in the context of a divorce proceeding.

Click here to learn more about possible defenses and/or punishment for a Child Molestation charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Criminal Law Attorney, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Criminal Law Attorneys in Arizona are listed in the Bar Register of Preeminent Attorneys®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Phoenix Criminal Law Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Criminal Law Attorney David Michael Cantor.


Arizona Sex Crimes Lawyer and the Interstate Commerce Element of Child Pornography

A sex crimes lawyer in Arizona defending clients charged with receipt or possession of child pornography faces unique challenges. Aside from the mental health issues their clients may be facing, as well as the visceral reaction judges and juries have to these types of cases, many pornography charges are fraught with damaging admissions, forensic reports from government computer experts, as well as garner draconian penalties. However, a sex crimes lawyer can gain leverage by focusing on the frequently overlooked interstate commerce element of the receipt and possession statutes.

It is important to understand that the interstate commerce defense a sex crimes lawyer can make has nothing to do with the power of Congress under the Constitution interstate commerce clause to criminalize receipt or possession of pornography, as that authority cannot be easily disputed. Rather, the defense can make an argument based on the interstate jurisdictional elements in the statutes themselves.

For example, the prosecution must prove that the pornography crossed state lines. In the case of Internet pornography, proving that is open to debate. It is in this blurred area of distinction that a sex crimes lawyer can use to his advantage.

Congress’s narrow jurisdictional element
It is important to recognize that by requiring that elicit images were moved or transported across state lines, Congress enacted a relatively narrow jurisdictional element that is of interest to the sex crimes lawyer. If Congress was chiefly interested in extending federal authority to prosecute as far as possible, it would have adopted wording that merely required proof that the defendant used “an instrument of interstate commerce” while committing a receipt or possession offense. If this had been the wording, merely downloading the images on the Internet would have been enough to prove the interstate element.

Congress probably realized that most states already had child pornography statutes in place, and only sought to create legislation that covered pornography cases across a large region that involved a multitude of states and jurisdictions where interstate activity is clearly involved.

Nevertheless, regardless of Congress’s intentions, the court is required to interpret and construe judicial elements in a narrow light. When it comes to proving interstate activity, prosecutors often offer no proof that the visual depictions were transmitted onto the defendant’s computer from a different state or other location in the country.

For this very reason, a sex crimes lawyer should focus on the sufficiency of proof related to the interstate elements. Most interstate evidence, or lack of, that is offered by the government is typical. In more cases than not, the shaky evidence won’t stand up under scrutiny in court.

The challenges of a sex crime lawyer in Arizona are great. Often, there is little to work with as the evidence presented can be quite conclusive. In addition to the stigmatized nature of sex crimes, the client faces increased prejudice from the jury as well as the bench. It is only in the interstate commerce clause that an attorney gets much leverage to give his client any favor. By hiring a lawyer specialized in sex crimes and the unique issues involved, a client can get a better judgment from the court that results in a more desired outcome.

About the Author
David Michael Cantor is an AV rated (the highest possible rating) lawyer and a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. For more information about an Arizona sex crimes lawyer, visit our site.


A Child Pornography Lawyer Can Help with Legal Issues and Treatment Plans

If you need the services of a child pornography lawyer, you must first understand that you are not alone, nor are you hopelessly untreatable, explains Arizona criminal lawyer, David M Cantor. Though society stigmatizes sex crimes, not everyone accused of them is the child snatcher in the van. A child pornography lawyer often works with clients who are otherwise successful family men, who often due to life stresses and circumstances, chooses a socially deviant outlet for their stress. The good news is that these people are very treatable and can go back to living healthy, functional lives with the help of a sexual therapy program.

The last decade has seen an escalated media focus on the problems of Internet child exploitation and online sexual predators, creating a public fear and anger towards sexual offenders. This attitude has created a “lock them up and throw away the key” attitude towards those who need the services of a child pornography lawyer, even for those accused of noncontact crimes.

Yet there are many varying ranges of those who would need the services of a child pornography lawyer. Although “snatch and grab” offenders make up the smallest percentage of all perpetrators (less than 3 to 5 %), these are often what people picture when they think of child pornography. Lawyer offices most often deal with more run of the mill offenders, including those who haven’t even hurt or offended anyone such as the case of someone accused of possessing child pornography.

Importance of a Psychosexual Evaluation
When you need the services of a child pornography lawyer, it’s important to be able to present yourself to the court as a treatable case. By undergoing a psychosexual evaluation, you can better present yourself to the judge, prosecution and probation staffers to receive an appropriate sentence disposition. Talk it over with your child pornography lawyer.

It is critical that you be as open and honest as you can with the psychosexual evaluation. You must provide full support and transparency, full documentation about all current and past reported concerns, and interviews with family members. Honesty and cooperation are being gauged as part of the process.

The clients of a child pornography lawyer
Those accused of child molestation or other sex crimes come from all walks of lifestyles. The most common is the regressed or situational child sex offender. These types of offenders pose the best hope for treatment. They come from all races, cultures and social classes. Often, his offending is a poor attempt to cope with social stresses, relationship conflicts or losses.

About 10 to 15% of those who need the services of a child pornography lawyer are the fixated or dedicated type. These offenders are sexually oriented to children. These sort of offenders seek the company of children not only out of sexual interest, but because they socially feel more comfortable among children. This type can be treated through hormone treatments and other sexual treatments that can reduce sexual desire.

Treatment possibilities
Despite the social stigma attached, sexual offenders are not the monsters they are made out to be in the media. Often, these are otherwise normal individuals who can be successfully treated through therapy. If you seek the services of a child pornography lawyer, don’t focus purely on the legal issue. Seek treatment so you can put this whole thing behind you and get back on track to a healthy life again.


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