21May
4 Ways to avoid Driving Under the Influence

Anyone who drinks will be faced with the decision to drive while they are impaired, at some point in their life. Every time this choice surfaces the answer should be easy… Say no. However, statistics show over 1.4 million people are arrested for driving under the influence every year. Here are a few easy ways to combat driving when you are impaired:

1.    Have a responsible designated driver

Sometimes it is as easy as asking one of your friends to be the designated driver for the evening. When out with a group of friends it is common for people to draw straws, play paper rock scissors, or flip a coin to decide who the designated driver for the night will be. At any rate assigning the designated driver before the party begins is crucial. Responsible drivers will care more about the lives of their friends than a crazy night on the town. Plan ahead and think about who will drive.

2.   Walk

Many people go out to places that are relatively close to where they live. College students are a great example of this, as they usually head to a friend’s house down the street or to the local bars. Though driving is often much faster, walking is a better alternative for several reasons. First, you don’t have to pay for parking; this is often just as expensive as a cover. Second, you don’t have to worry about finding parking which can be a headache on busy weekends. Third, you know for a fact you don’t have a choice of driving and you eliminate all temptation of driving under the influence.

3.   Call a cab / Take public transportation

Calling a cab is expensive but a $50 cab ride beats $5000 in fines, court fees and insurance rates. Public transportation isn’t always available late at night but if you find yourself out for a weekend lunch or midday sporting event this could be a viable alternative to drinking and driving.

4.   Get a Hotel / Spend the night

In some cases it might be cheaper and more logical to just walk to the nearest hotel and post up for the evening. Many people end up at friends’ houses and could easily stay a few extra hours until they are sober enough to drive home.

Smart decisions like these can make the difference between life and death. Driving under the influence drastically increases the chance for serious and fatal accidents. If you choose to drink and drive and find yourself facing charges of DUI/DWI or OUI contact The Naegle Law Firm. We are leaders in DUI cases in the Phoenix Arizona area. We specialize in DUI and DWI cases.

16May
Operating Under the Influence (OUI)

Many people think that drinking and driving is acceptable when behind the wheel of a boat. However, in Arizona the same consequences apply whether you are boating or driving a vehicle. Under both situations a blood alcohol content of 0.08% is considered the legal limit.

In Arizona, most of the lakes are outside city jurisdiction and fall into the hands of the Arizona Game and Fish Department as well as County Sherriff’s Officers. They strive to keep our water ways safe for all boaters and recreationalists. They often setup OUI task forces on busy weekends and may stop any boat at any time to verify proper safety measures are in place. They take operating under the influence seriously, which is why you need to make sure you have a designated driver.

Quick Facts:

  • Nearly half of all fatal boating accidents are drug and alcohol related.
  • There are more fatalities from boating than accidents on airplanes and trains.
  • The second most common scene for a fatality in the US is a body of water.
  • Alcohol is absorbed by the body much quicker when boating due to the motion of the water the direct sunlight, and the reflection of the sun off the water.
  • Drivers of most boats usually have far less experience behind the wheel of a boat which means that alcohol can influences their skills easier.
  • Unlike car crashes boaters who are intoxicated are over ten times more likely to die.

There are over 60,000 non-fatal boat related accidents, caused by intoxicated drivers in the US each year. These accidents cause more than $240 million in costs.

Operating under the influence of alcohol or another controlled substance endangers everyone on the water. While many intoxicated people involved in vehicle crashes escape with minor injuries, most on the water drown. When you are knocked out of the boat and are unable to use proper motor skills to stay afloat your chances of survival are limited.

People fail to recognize the seriousness of drinking and operating any vehicle or machinery. If you or someone you know suffers from OUI charges contact The Naegle Law Firm. We are experts in DUI and OUI cases and can help. Contact us today.

16May
Reasons the Naegle Law Firm is Different

Reasons the Naegle Law Firm is Different.

Work Directly with Charlie Naegle

Unlike other criminal defense firms, when you hire The Naegle Law Firm, you’ll work directly with Arizona criminal defense attorney Charlie Naegle throughout your entire case. At the Naegle Law Firm, you’re not a number or a dollar sign; you are a person whose rights and freedoms deserve protecting. This was the basis for which the Naegle Law Firm was founded.

Immediate Access

We understand the immediate need to be represented by an aggressive criminal defense attorney in Arizona and have your questions answered and rights protected. We’ll answer your call to represent you immediately, no questions asked. We’ll even meet you at the police station or in jail.

Low Prices

Hiring the Naegle Law Firm not only means more personalize representation, it means more money in your pocket. The Naegle Law Firm is proud of its ability to keep costs down while maintaining superior criminal defense representation. We work out costs and payment plans up front so you know exactly what to expect, with absolutely no hidden fees or adjustments.

If you have been accused of a crime or if you think you may be under investigation, it is extremely important to first consult with a competent Mesa Criminal Defense Attorney.  For most individuals the criminal justice system can be confusing and often times overwhelming.  At The Naegle Law Firm PLC we take the time to sit down with you and walk you through the entire process.

13May
Tempe decade-old date-rape fugitive caught in Georgia

Tempe decade-old date-rape fugitive caught in Georgia

A Tempe man who fled the state more than 10 years ago after being convicted of sexually assaulting multiple women was captured in Georgia, authorities said.

Detectives from the Tempe Police Department tracked down Mazen Diamond, 37, in Atlanta, and U.S. Marshals from the local office took him into custody Monday, Tempe police spokesman Sgt. Mike Pooley said. Diamond’s cousin and accomplice, Antonio Julio Sanchez, 40, was arrested in Miami, Fla., on April 24.

The two were accused in March 2001 of drugging women they met at bars, taking them back to their apartment and sexually assaulting them while they videotaped it, Pooley said.

“It was just brutal,” he said. “Just taking turns sexually assaulting these girls that were completely unconscious, and (they were) doing everything to them.”

Maricopa County Superior Court records show that in August 2002 Sanchez pleaded guilty to kidnapping and sexual assault and Diamond pleaded guilty to sexual assault, but neither showed up for their sentencing the next month. They had not been seen since.

Sanchez and Diamond had changed their identities and were living under different aliases when they were captured, Pooley said. Both men also had children with live-in girlfriends who apparently did not know about their past, authorities said.

Detectives on Tempe’s fugitive-apprehension squad, which has a U.S. Marshal assigned to it, began searching for the two men in 2011 after coming across the case during a review of cold cases, Pooley said. They identified aliases Sanchez was using through connections with family and friends, and tracked him first to Salt Lake City, Utah, then to Houston, Texas, where he has another child, and finally to Miami.

Sanchez and Diamond had kept in touch, and after capturing Sanchez, detectives were able to locate Diamond in Atlanta, he said.

“You can never completely erase your past or your history,” Pooley said. “No matter how hard you try, there’s always going to be some connection that’s going to lead us to you.”

Diamond will be extradited back to Arizona, but Sanchez is facing federal passport fraud charges and will be tried in Miami before he will be extradited, Pooley said. Once they return to Arizona, they will be sentenced for the sexual assault charges.

Sanchez and Diamond used ketamine to drug a woman on March 18, 2001, sexually assaulted her and videotaped the assault, police said. They also were convicted of drugging, assaulting and videotaping another woman on March 23, 2001.

Diamond was an Arizona State University student at the time of his arrest, and Sanchez was a former ice-cream shop owner. The men were roommates.

The pair were suspected of scouting out nightclubs and fitness centers looking for women to invite to an after-hours bar, authorities said. Sanchez and Diamond then would invite the women to their apartment and offer them a drugged drink, authorities said.

One woman regained consciousness during the assault and began screaming, alerting a neighbor at the apartment complex, who called police, Pooley said.

Their apartment was believed to have been rigged with cameras in the living room and master bedroom, police said. According to the warrant for their arrest, seven video tapes labeled “La Femme” were found in the apartment, and one of the tapes documented one of the March 2001 rapes.

The apprehension of Diamond and Sanchez will help bring closure for the two identified victims in the case, as well as the multiple other women investigators saw on the pair’s videotapes but were unable to identify, he said.

The Police Department’s fugitive apprehension squad and partnership with the U.S. Marshal’s Office has enabled Tempe detectives, who have been deputized, to capture violent criminals who flee the state to avoid prosecution, Pooley said.

“Anybody that commits a crime in Tempe, they’re not off limits anymore,” he said. “If you leave the state, we have these guys that are able to go out, work with other agencies, track you down and bring you back.”

Rape is a form of sexual assault that involves forced or nonconsensual sexual or oral intercourse with another person. In Arizona, rape is punishable by up to 28 years in prison, depending on the defendant’s prior criminal record. However, in extreme cases, rape may be punishable by life imprisonment without the possibility of parole. You will need a Mesa rape attorney to help plead your case if you have been charged with rap in Arizona. Cases involving rape can involve false allegations or even mistaken or false identity. If you feel you have been falsely accused of rape, contact the Naegle Law Firm today. We will make every attempt to have your case dismissed before it goes to trial. Through thorough investigation, we will be able to challenge the lack of evidence and any violations of constitutional rights.

10May
Know Arizona Self-Defense Laws before You Fight Back

Know Arizona Self-Defense Laws before You Fight Back

It is not uncommon for people to get into physical fights.  However, there are millions of Americans who are victims of violent crimes every year.  While Arizona law does allow individuals to protect themselves with physical force, it is important for people to be aware of the legal limits on self-defense.

Know When to Stop.  Although it differs from state to state, generally, people are permitted to use reasonable physical force to protect themselves from immediate danger.  It is okay for you to fight back if someone is physically hitting you.  However, if they stop fighting, you cannot continue hitting them; this would be considered an unreasonable use of force.

Criminal Charges.  If you use self-defense when it is not justified by law, you could have criminal charges filed against you, even if you didn’t start the fight.

Civil Liability.  If you use unreasonable force in defending yourself, or if you weren’t justified in using force at all, the other person may file a civil lawsuit against you and you may be forced to pay them restitution.

Castle Laws.  These laws can greatly differ from each state, and some states do not have them.  These laws allow you to use deadly force if you are in your own home and an intruder threatens to injure or kill you.  You are using this force to “protect your castle.” While Arizona does not have a “castle law,” there are statutes in place which permit an individual to use physical force if an intruder is in their home.

Deadly Force.  You are not permitted to use deadly force unless you’re in reasonable fear of immediate serious physical injury or death.  If you can get out of the situation safely, you should.  Deadly force should only be used as the last resort.

Defense of Others.  Just like when you protect yourself, you can protect someone else if you have a reasonable fear that the other person is in instant danger.

Below are two Arizona laws which describe the legal justification of self-defense in AZ:

A.R.S. 13-404 justifies the use of physical force against another person when a reasonable person would believe physical force is necessary to protect themself against the other person’s use of physical force.

A.R.S. 13-405 speaks towards the justification of using deadly force against another person. Deadly physical force is justified if it is used as defined in A.R.S. 13-404, or when a reasonable person would believe deadly physical force is necessary to protect themself against the other person’s unlawful deadly physical force.

In Arizona, it is crucial to remember that whether or not the use of physical force or deadly physical force was justified in a specific case will be determined by the jury on trial.  A good rule of thumb is to avoid using deadly physical force against an intruder unless you believe that you or your family is in immediate danger. Aside from criminal charges, the family of a victim of self-defense may seek restitution in a civil trial.

The criminal attorneys at The Naegle Law Firm will defend the rights of an individual to use force to protect themselves.  If you felt the need to use physical or deadly physical force to protect yourself or your family in Arizona, it is highly suggested that you retain the guidance of an experienced Naegle Law Firm criminal defense attorney immediately. If charges are placed against you, you will need the protection of a skilled criminal lawyer if you want to avoid a potential prison sentence. Call us today at 602-663-9958  to schedule a free and private consultation with Naegle Law criminal defense attorney, Charlie Naegle.