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DUI Vehicular Crimes in the Summer Time

DUI vehicular crimes are considered quite serious and are classified as felonies. Some states have a Vehicular Crimes Unit that is responsible for prosecuting all felony vehicular crimes. Their goal is to effectively prosecute those charged with a DUI vehicular crime so they can reduce the number of vehicular crime incidents.

What is a DUI Vehicular crime?

An auto accident that results in injury or death of another person and involves the use of alcohol or drugs, causing impairment, is considered a serious criminal offense. Aggravating factors like having a minor in the vehicle, or leaving the scene of the accident will carry additional charges. Vehicular crimes, including assaults and manslaughter, are viewed and prosecuted seriously. In fact, they are considered as serious as shooting or killing someone with a handgun.

Although most states will view vehicular crimes as accidents, states like Arizona prosecute cases of reckless driving very aggressively. This means that the negligent driver will be convicted and face serious consequences. Some of the possible penalties include loss of driving privileges, heavy fines and fees, community service, counseling, as well as imprisonment.

What constitutes a vehicular crime?

Some of the possible vehicular crimes someone can be charged with include endangerment, unlawful flight, negligent homicide, driving under the influence of alcohol or drugs, vehicular aggravated assault, as well as leaving the scene of an accident.

Once convicted for a vehicular crime, it will have an impact on your personal and well as work life. No matter the type of vehicular crime you’re facing, it is important to get in touch with an experienced and qualified attorney, who is able to handle a wide range of vehicular crimes, from misdemeanors to felonies.

Vehicular crimes in Arizona

Vehicular crimes are defined as follows under the Arizona Revised Statutes:

  • A.R.S. § 13-1102 (Negligent Homicide) – When a driver fails to perceive a substantial and unjustifiable risk, which a reasonable person clearly would have, then the driver is charged with negligent homicide.
  • A.R.S. § 13-1204 (Aggravated Assault) – When a driver causes recklessly serious physical injury to another person, then they may be charged with aggravated assault.
  • A.R.S. § 13-1201 (Endangerment) – When a driver recklessly endangers another person with a substantial risk of imminent death or personal injury, they will face an additional felony charge of endangerment.
  • A.R.S. § 28-661 (Leaving the Scene of an Accident) – If the driver has been part of an auto accident causing injury or death and knowingly fails to stop to give assistance, they will face a felony charge of leaving the scene of an accident.

Anyone involved in an auto accident in Arizona can face criminal charges. Vehicular crimes in Arizona are taken very seriously and lead to harsh penalties. Once convicted, the driver faces lengthy prison sentence. When facing a vehicular crime in Arizona, you will need the services of an experienced criminal defense attorney who can evaluate your case and fight the charges. Contact the law offices of David Michael Cantor at (602) 307-0808 to discuss your case and get honest advice on the options available.

Civil Forfeiture Cases and Defenses

Civil forfeiture, also called civil seizure, or civil judicial forfeiture, is a controversial legal process in the United States in which law enforcement officers take assets from people suspected of being involved in a crime or some sort of illegal activity. The problem with forfeiture cases is that the person suspected of being involved with a crime or illegal activity will not be necessarily charged with a crime or wrongdoing.

Civil forfeiture is a controversial legal process. Sometimes, the law enforcement officers will simply threaten to seize property, or anything of value, such as gold, cash, real estate, a boat or a house. The actual act of seizure itself also falls under forfeiture if the officers suspect that it was being used in a crime. Those in favor of civil forfeiture see it as a powerful tool to thwart criminal activities and organizations. However, critics argue that the act itself leads to corruption and misbehavior by the law enforcement. There is an ongoing debate as to whether the overall benefits of forfeiture outweigh the drawbacks.

If the rightful property owner does not act in time by hiring the right asset forfeiture attorney, the government may gain control of the property. Therefore, the most important and smartest thing you can do is to seek legal advice as soon as possible if your property has been seized. At times, the government may seize everything the person has, depriving him or her of any financial means which they can use to defend themselves.

What causes asset forfeiture?

There are hundreds of federal and state statutes which may trigger asset forfeiture. These statutes allow the government to seize property if they are able to prove that the property was being used for illegal activity. The law does not require this connection to be substantial, even sufficient proof will be enough for the government to seize the property. If the rightful owners do not act in time, the government will be able to gain that property without doing anything. In a lot of cases, the government will use any trick possible in order to seize the property, therefore, it is advised to hire an asset forfeiture attorney to claim the property rights back.

Defending Forfeiture Cases

Depending on the specific facts of the case, you might have a strong defense against the forfeiture. Depending on the state you are in, your attorney can use viable defenses under the federal law to win your case. In some cases, the so-called third party “innocent owner” defense may be used. This defense tries to prove that the owner was not aware that the property was illegally obtained, particularly if it is rented. Usually, the tenant is not aware that the property they are using was previously used for an illegal activity.

A highly skilled and experienced asset forfeiture attorney may be able to prevent the forfeiture of the property or vehicle by proving that the property or vehicle is used for family chores, such as taking the kids to school. Even if you do not have proof to show your innocence, an experienced attorney can still fight and be able to win your case. The attorney can destroy the government’s case and get the confiscated property returned to you. To contact an attorney for your forfeiture case, call the law offices of David Michael Cantor at (602) 307-0808.

Pre-charge Investigation Stage Cases

‘Pre-charge’, also called the ‘Investigation Stage’ of a criminal case is the stage when someone is under observation for a criminal offense, but no formal action has been taken. When someone is involved in such a situation, it can have a significant negative impact on different areas of their life. This initial state precedes any formal charges. Usually, a person is considered to be involved in a pre-charge stage when they have been arrested by the law enforcement and have been questioned, but later released without facing any charges. This means that the person stands in imminent danger of getting arrested anytime if police find any evidence against them.

Even if the person has not been convicted, the arrest itself may be recorded and documented, which can have a negative impact on their personal life. Their story may make it to the newspaper headline, or it may be put up on any of the news reporting websites. The individual is stuck in the pre-charge stage after being arrested, until they are actually charged with the crime. Anyone who has been arrested in connection to a crime but was later released without charges, is advised to consult a qualified criminal defense attorney. (more…)

The Many Types of White Collar Crimes

Defined as nonviolent crimes committed by an employee for personal financial gain, white collar crimes most typically involve office-based workers, business managers, fund managers, accountants or executives. There are several common types of white collar crime in which you should speak with a criminal defense attorney in Orlando. These crimes include:

  • Bank Fraud, as part of which the employee engages in activity to defraud a bank of funds or commits a crime using the bank accounts of their employer
  • Blackmail, a scheme during which the criminal demands money in exchange for relief from threats to cause bodily harm, property damage or reputation damage
  • Bribery, during which the criminal offers money or something of value in exchange for influence over specific decisions or actions
  • Telecommunications Fraud, the unauthorized use, manipulation or tampering of telephone or cell phone services for one’s own benefit
  • Computer Fraud, the unauthorized use of or hacking into a computer system or network to illegally obtain information or proprietary secrets
  • Counterfeiting, the illegal reproduction or copying of an item for personal gain, such as the copying of clothing, watches, handbags, documents or money
  • Credit Card Fraud, the knowing or unauthorized use of credit cards to obtain personal items or for unauthorized purchases
  • Currency Schemes, such as speculation on currency future values

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Arizona Wrongful Death Lawyer – What is a Lawsuit against Wrongful Death

Wrongful Death Lawsuits

While we do not want to believe it was ever our loved one’s time to go, a wrongful death case implies there was negligence or intentional harm that resulted in the death of a family member. In a wrongful death lawsuit, a representative of the estate of the deceased, or a statutory beneficiary files a civil lawsuit against the defendant, claiming that as a result of their negligence, they wrongfully killed a loved one, or in some cases, the defendant caused intentional harm that resulted in death. As Aaron Crane from Cantor Crane, a highly experienced Phoenix car accident attorney and wrongful death attorney mentions, one unfortunate example of a wrongful death could be the result of a motor vehicle accident.

Understanding if your loved one suffered a wrongful death can be a confusing and complicated process. Because of the complexity of the issue,  each Arizona wrongful death lawyer at Cantor Crane can explain what constitutes a wrongful death case and make things a little easier.

When do Wrongful Death Lawsuits Happen?
The most common wrongful death lawsuits come in the form of medical malpractice lawsuits or accident fatalities. It is important to remember that a wrongful death lawsuit is a civil matter, not a criminal one.

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