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Child Abuse Child Endangerment

Aggravated DUI with Child in Car – Arizona DUI

A DUI with a child in the car is referred to as “Aggravated DUI with Kid in Car”. This is a felony charge and carries more severe penalties than a typical misdemeanor DUI charge in Arizona.

In this short video, David Cantor explains what an Aggravated DUI with Kids in the Car means:

If you are stopped for a DUI with a child in the car under the age of 15, you will be charged with an Aggravated DUI and will usually be arrested on the scene. Your car will be impounded, and either a family member or Child Protective Services will be contacted to take the child home.

Depending on the results of the blood or breath test and if you do not have a prior DUI conviction, you can be sentenced to as little as 10 days in jail or as many as 45 days. Fines and jail costs range from $1,667 for a typical conviction to nearly $7,000 for a Super Extreme DUI with a blood or breath test blood alcohol content registering .20 or higher. The penalties are increased for a driver with prior DUI convictions, especially if the conviction occurred within the last seven years.

You will also lose your driver’s license for one year. If you choose to drive once your license has been reinstated then you will be required to have an Interlock Ignition Device installed on the car’s steering wheel at a cost of $1,200 per year ($2,400). This device requires a driver to blow into it in order to start the car and requires that the driver continue to blow into it every 15 minutes while the car is in operation. Every 90 days, you will be required to go to an interlock facility to have the device’s chip downloaded, in order to verify that you have not driven the vehicle with alcohol in their system.

Also, you will be required to have an SR-22. Under this high-risk auto insurance provision, the insurance companies report the driver to the DMV any time there is a lapse in coverage. The SR-22 policy is usually $500 per year and required for 3 years ($1,500). If you choose to continue to drive you can also expect an increase in your car insurance premiums. The average premium increase after a DUI conviction is $3,000 per year for 3 years ($9,000).

If convicted of any felony DUI, expect to lose any professional licenses, the right to vote, and any gun licenses. If you are engaged in a child custody dispute, you will be presumed unfit as a parent based on this conviction.

DM Cantor has been successful in many Aggravated DUI cases with children in the car. We can and will work to have the charges reduced to a regular misdemeanor DUI in order to avoid the more severe penalties that come with a felony conviction. Call (602) 307-0808 today to schedule a free initial consultation. The consultation will take about 30 minutes and will allow us time to review your case. Our offices can be reached 24 hours a day via email or by calling us at (602) 307-0808.


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.


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 DM Cantor, 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.


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, or Sexual Conduct with a Minor, 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. This is why these allegations are so dangerous when they come in the context of a divorce proceeding.

To learn more about the punishments and defenses, visit this web page to learn more about a Child Molestation charges.


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.


How an Arizona Sex Crimes Attorney Client Can Be Affected by the Adam Walsh Act

Ask any sex crimes attorney in Arizona. The Adam Walsh Act, enacted in 2006, is the most complex, progressive and punitive sex offender law ever enacted. It was done in response to the public outcry as well as political outcry over sexual offenders and the threat they present to society. The law was grounded in conception by several noteworthy child sexual homicides, and in fact, names a handful of these children. In essence, the statute enhances penalties for already existing sexual federal offenses as well as creates new federal sexual offenses that the client of a sex crimes attorney may be charged with.

Most importantly, the act establishes the Sexual Offender Registration and Notification Act, creating a national registry of sexual offenders that law enforcement officers may use to access information about sexual offenders in order to efficiently track them throughout the country. The law delineates risk levels for community registration and notification on a 3 tiered system that is offense based rather than risk based.

Essentially, the AWA requires stricter juvenile sexual offender notification elements that can conflict with the rehabilitative process of the client of a sex crimes attorney. The law also restricts the ability of a sex crimes attorney to access evidence regarding computer pornography crimes, which can affect their ability to prepare for trial.

AWA Sexual Offender Civil Commitment Statute

The AWA also created the Jimmy Ryce Civil Commitment Program that established civil commitment procedures for federal sexual offenders. This may be in fact the most castigating feature of the law, considering the reality of life commitment for some sexual offenders. The commitment clause had 2 primary objectives: assist funding for states that don’t have such legislation, and mandate the civil commitment of sexually dangerous federal offenders.

About 20 states entertain civil commitment statutes to confine sexually violent predators. Many states reject such legislation, primarily for funding reasons. The AWA provides grants for states to meet these financial needs.

AWA Limitations

The AWA managed to leave many areas unresolved, much to the frustration of many a sex crimes attorney in Arizona. It failed to establish a standard or burden of proof for risk to reoffend and does not permit a jury trial. The law does not conclude whether the respondent has the right to remain silent, nor does it compel him to participate in a court ordered examination. It also does not provide for a provision that compromises the possibility that disclosures about sex offending behaviors during treatment will not be used against the offender by the government to procure more commitment.

The AWA also fails to resolve discovery procedures related to the client of a sex crimes lawyer.

Most civil statutes include a “likely to reoffend” component. The AWA fails to have such a distinction. Instead, the law incorporates a volitional mandate. The definition only calls for a “serious difficulty restraining from sexually violent conduct or sexual molestation if released.”

The AWA is a harsh law that can impose significant confinements on the client of a sex crimes lawyer in Arizona. Most importantly, it presents roadblocks in the road to rehabilitation. Punishment becomes the solution while rehabilitation becomes an impossibility.

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 attorney, visit our site.


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