Blumberg & Associates

Do Arrests Show on a Criminal Background Check?

If you’ve been arrested in the past and are now applying for a job, you may be wondering whether that arrest will show up on your criminal background check. Take a look at this video to find out the answer to that question.

Arrests will indeed show up on background checks, but they are meaningless unless you were convicted of a crime. If you are applying for a job with the federal government, your arrest may be more of an issue, but few private sector employers will take it into account.

If you need a criminal defense attorney, call Blumberg & Associates in Phoenix. Our experienced attorneys can help you clear your good name and get back to your normal life. Call (602) 277-6180 today to get the representation you need.

Murder vs. Manslaughter

Homicide, the taking of another person’s life, is divided into three categories in Arizona: negligent homicide, manslaughter, and murder. The distinctions between these three crimes lie mainly in motivation and the level of premeditation involved.

Negligent Homicide
Aside from manslaughter and murder, Arizona recognizes a third category of homicide, negligent homicide. To be convicted of negligent homicide, a defendant must have unintentionally caused the death of another person through an act of negligence. Drunk drivers who cause fatal accidents, for example, may be guilty of negligent homicide. This crime is not punished as severely as other homicides in order to reflect its unintentional nature.

Manslaughter
For a homicide to qualify as manslaughter, it must have been committed without premeditation or “malice aforethought,” a legal phrase indicating predetermined intent to take a life. So-called “crimes of passion,” in which one person kills another because of an argument or dispute, are generally prosecuted as manslaughter. Helping another person commit suicide also qualifies as manslaughter, as does killing an unborn child in the process of injuring or killing the mother.

Second Degree Murder
Second degree murder is intended to serve as a middle ground between manslaughter and murder. It usually involves a reckless disregard for human life, including endangering another in a way that could easily lead to death or acting in a way that is known to potentially cause death or injury.

First Degree Murder
First degree murder is defined by premeditation and intention to kill another person. Certain weapons or means of killing someone, like strangling or poisoning, inherently indicate intent to kill and are always prosecuted as first degree murder. If homicide is committed during the commission of another felony, like kidnapping or arson, it is considered first degree murder. Similarly, if a defendant has killed a police officer in the line of duty, he will be charged with first-degree murder.

Arizona has some of the toughest penalties in the nation for homicide, up to and including the death penalty. If you need legal assistance, call Blumberg & Associates at (602) 277-6180.

If you've enjoyed our recent blog topics from Blumberg & Associates then check out these other great resources below:

If you would like to know more about criminal defense and your personal rights, take a look at the following resources. You can also get the insight you need from the lawyers at Blumberg & Associates by calling (602) 277-6180.

• If you have specific questions regarding Arizona’s DUI laws and the statewide use of the ignition interlock device, see this Arizona State Senate Issue Brief—it may give you a better understanding of how law enforcement obtains evidence for a DUI.

• Would you like to know more about how police officers are instructed to handle DUI pullovers? Read through this Highway Safety Desk Book.

• To learn all about Arizona’s DUI laws and other vehicular statutes, review the official driver license manual.

• For a general overview of the concept of white-collar crime, see this page from the FBI’s website.

• Do you have more questions about white-collar law and how it is typically prosecuted? You’ll likely find this Southwestern University Law Report highly informative.

What Constitutes a White-Collar Crime?

There are several ways to categorize a crime—often, the “type” assigned to a crime involves the identity of the perpetrator, the severity or extent of the crime committed, and whether it was violent or non-violent. In the following article, you’ll learn about white-collar crime and find some examples to help further illustrate the concept.

Characteristics
White-collar crime almost always involves little to no violence, and is often committed with financial motivations. Depending on the nature of the crime and the number of laws broken, white-collar cases can be prosecuted in both state and federal courts, and may very well lead to jail time or heavy fines if the defendant has no legal representation.

Common Examples
There are several criminal activities that can be characterized as “white-collar.” Some of the most common include:

• Embezzlement while under the employ of an individual or company
• Money laundering
• Fraud relating to health care, tax, credit card, mail, computer, marketing, stock, or insurance
• Identity theft
• Forgery and counterfeiting
• Insider trading
• Bribery and extortion
• Obstruction of justice or perjury
• Conspiracy

Again, though white-collar convictions do not usually result in consequences equivalent to violent crimes or other felony types, they can lead to short- or long-term periods of incarceration, not to mention stiff fines. It is for this reason that those charged in a white-collar case should immediately seek the help of an attorney with experience in white-collar criminal defense.

To learn more about white-collar crime and to receive legal aid from an attorney in the Phoenix area, call the offices of Blumberg & Associates at (602) 277-6180. We can organize a meeting to go over your case point by point in order to come up with a solid plan for your defense. 

DUI Arrests in Arizona

"PHOENIX - Statewide, the total number of DUI arrests rose again in 2011, with 27,125 arrests, compared to 19,353 arrests in 2010.

Statistics released today from the Governor's Office of Highway Safety show a continued rising trend in DUI arrests: the number has risen every year since 2003."

To read the full article click here. 

For more information on the consequences of a DUI conviction, call the attorneys at Blumberg & Associates— give us a call at (602) 277-6180. Our Arizona DUI / DWI defense attorneys regularly represent clients from throughout Maricopa County including the cities of Phoenix, Tempe, and Scottsdale who are charged with driving under the influence, extreme DUI, and aggravated driving under the influence.