Can I Get a CDL with a DUI in Arizona?

by Jay Jurasevich | Jul 27, 2021 | DUI

The driving under the influence conviction on your record can stick with you for a long time. You may be wondering if obtaining a CDL with a DUI on your record is even possible. It is a fair question to ask as well.

Getting a CDL or commercial driver’s license in Arizona is not that easy, to begin with. You must submit specific documents and meet strict requirements. Make a mistake while going through the process, and it may cancel your application as well.

Some drivers might assume that the presence of a DUI conviction on their record will make obtaining that commercial driver’s license next to impossible. But is that the case?

In this article, we will find out how big of an impact that DUI charge can have on your chances of securing a commercial driver’s license. We will also discuss what it means to have a commercial driver’s license and why you need to be careful with it.

Stay tuned if you want to learn more about this important topic.

Applying for a Commercial Driver’s Permit in Arizona

Before you can get your commercial driver’s license in Arizona, you must first obtain a commercial learner’s permit. Applicants will need to pay a set fee depending on what type of permit they want.

Arizona residents hoping to secure a commercial driver’s permit also need to submit several requirements.

First, you must get the appropriate application form. Fill that out and get it ready.

You must then provide some personal documents. Those documents include your Social Security card and something that can serve as proof of your driving experience.

An Arizona resident can use their driver’s license as proof of their experience if they have had it for at least one year. Also note that your one year of driving experience cannot be limited to a motorcycle, according to DMV.org.

You will also need to show documents that confirm your identity, your U.S. citizenship, and the fact that you are a resident of Arizona. There are different documents that you can submit, so let’s break them down further.

Documents to Prove Your Citizenship

Applicants must provide at least two documents that prove that they are a citizen of the United States. One of those two documents should also include a picture of you.

You will need to provide at least one primary document proving that you are a U.S. citizen. Examples of primary documents you can submit include your birth certificate, a certificate of naturalization, a certificate of citizenship, your passport, or your driver’s license.

If you cannot submit at least one document proving your U.S. citizenship that includes your picture, you may need to provide three identifying documents instead.

Any applicant who has changed their name will need to supply additional documentation as proof of that. You can use documents such as your marriage license or a divorce decree for that purpose.

Documents to Prove Your Identity

The same documents that you brought to prove your citizenship can also prove your identity. You do not need to look for other documents.

Documents to Prove That You are an Arizona Resident

You will need different documents to prove that you are an Arizona resident. To fulfill this requirement, you must submit two documents that contain your name as well as your physical residential address in the state of Arizona.

Both of those documents must also come from a business, an organization, or a government agency.

Medical Requirements

Arizona residents who want a commercial driver’s license will need to be medically cleared. To receive that clearance, you will need a Medical Examiner’s Certificate and a Medical Examination Report Form.

You can get your hands on those requirements after paying a visit to a medical examiner. Note that the medical examiner you go to should be a professional listed on the National Registry of Certified Medical Examiners.

Upon receiving your Medical Examiner’s Certificate, you need to submit a copy of that to the Arizona Motor Vehicle Department. That certificate must remain on file with the MVD as long as you’re working as a commercial driver. You will also need to renew the certificate you have on file every two years or even earlier than that in some cases.

After filing your medical documents, you may receive a notice from the MVD indicating that you need to provide additional information. Respond to that notice as soon as possible because your application may get canceled otherwise.

Applying for a Commercial Driver’s License in Arizona

With all the documents submitted and the requirements fulfilled, you can now move to the next step of the application process. You can now go for the commercial driver’s license.

You must pass a skills test before you receive a commercial driver’s license. Take either the test provided by the MVD or go to a third-party company for it. The only important part is to pass the actual test.

Do not only take the skills test right away, though.

You should prepare for it adequately since you are not getting your money back if you fail. Furthermore, you cannot retake the test immediately if you fail. Applicants will have to wait at least two business days before they can repeat the skills test.

Why Was My Application for a Commercial Driver’s License in Arizona Denied?

Hopefully, the process went as expected, and you now have your commercial driver’s license. However, that may not be the case. While evaluating your application, Arizona’s Motor Vehicle Department may have spotted something wrong with it.

For example, they will not give you a license if you lied about your age or included inaccurate information in your application. They will also cancel it if you failed to pay any of the required fees.

Issues related to your driver’s license may also lead to your application being denied. To be more specific, you will not receive a commercial driver’s license if they currently suspended your driving privileges or revoked them.

Will a Previous DUI Charge Complicate Your Application for a Commercial Driver’s License?

Now is the time for us to answer the question posed at the start of this article. Can you get a CDL with a DUI on your record?

The answer to that depends on your status.

A driving under the influence charge carries some significant penalties. If you are found guilty, you could find yourself in jail, hit with a substantial fine, and you may also need to render community work.

On top of all those penalties, the state of Arizona may also suspend your driving privileges. The suspension period for a first-time DUI offense is usually 90 days. If you commit that same violation a second time within seven years, your driver’s license will be suspended for a year.

So, why are we discussing suspension periods for DUI violations? That is because the suspension period could be the biggest hurdle to you obtaining your commercial driver’s license.

Remember that Arizona’s Motor Vehicle Department will deny your application if your driver’s license is currently suspended or revoked. That means applying using your current driver’s license while you are still suspended is an absolute no-no.

Wait until the suspension period has elapsed before you send in your application. The MVD will no longer cite it as a reason to deny your application if you have completed the suspension period.

Should You Mention Your Previous DUI Offense in Your Application?

Let’s assume that you’ve already finished the suspension period for your first DUI offense. With it behind you, there should be no issue when it comes to acquiring your commercial driver’s license, right?

That depends on how honest you are while filling out your application. Make it a point to note in your application that they convicted you of driving under the influence previously.

Provide as much information as you can about that prior violation. You will need to anyway during the application process.

Once again, that old violation should not come back to haunt you as long as you’ve fulfilled the terms of your punishment. The only way that earlier violation can get in your way is if you neglect disclosing it to the MVD.

DUI Violations for Commercial Drivers in Arizona

If you have been driving in Arizona for a while, then you probably know all about their DUI laws.

Drivers found behind the wheel of their car with a blood alcohol level at or above 0.08 percent will be charged with DUI. Register a blood alcohol level at or above 0.15 percent, and you are looking at an extreme DUI charge.

Because of where they set the thresholds, some drivers may still try to get on the road after having a drink or two. They assume that drinking that amount will not be enough for a violation.

Driving after you have had any alcohol is not a good idea. You can never predict what impact alcohol will have on your body. Even if you can avoid getting arrested because your blood alcohol level is not high enough, driving after one drink is still risky.

Motorists with a commercial driver’s license cannot risk getting on the road even after one drink of alcohol. The threshold for a DUI conviction when it comes to commercial drivers is lower.

Registering a blood alcohol level of 0.04 is enough to get you a DUI conviction if you have a commercial driver’s license.

To give you an idea of how low that threshold is, a person who weighs 100 pounds can register a blood alcohol level of 0.04 after a single standard drink, according to VeryWell Mind. Down two standard drinks and you could exceed the threshold for commercial drivers even if you weigh 200 pounds.

The point is you do not need to down a lot of alcohol to pass the legal limit for commercial driving. It is best to steer clear of alcohol if your livelihood is reliant on your driving.

Notification Requirements for Commercial Drivers Convicted of DUI

We have already touched on the penalties that an individual may face after being caught driving under the influence in the state of Arizona. Commercial drivers should know that they have other things to worry about beyond those penalties.

Arizona law requires all commercial drivers to send out notifications to specific parties if they are convicted of a traffic violation.

You must inform your employer within ten days of being convicted. Drivers also must notify the MVD within thirty days of the conviction.

Commercial drivers who neglect that responsibility will be penalized. They will charge them with a class 3 misdemeanor. You could spend thirty days in jail due to your negligence.

Suspension Periods for Commercial Drivers in Arizona

Commercial drivers can get their license suspended if they commit certain traffic violations. DUI violations can be costly.

The first time you drive under the influence as a commercial driver, the state of Arizona will disqualify you from owning a commercial license for at least one year. Get caught drunk driving with a commercial driver’s license a second time, they will disqualify you for life.

Drunk driving is discouraged because it puts you and the people around you in grave danger. Even if you somehow emerge from the drunk driving incident unscathed, you could still lose your livelihood permanently.

Defenses for DUI Violations

A DUI violation will not stop you from getting a commercial driver’s license as long as you abide by the rules. When you become a commercial driver, though, a single DUI offense could upend your entire career.

You need to defend yourself if you are facing an erroneous DUI charge. Partner with a skilled lawyer and question the evidence against you. Highlight any instances where they used a suspect piece of equipment to administer tests or question the testing method itself.

A good lawyer will also highlight any missteps on the part of law enforcement. If they violated your rights, your lawyer would hammer that point consistently.

Contact us at the Schill Law Group if you need a skilled and experienced lawyer to work on your defense. We will fight continuously to ensure that justice prevails in your case.

Can You Get a DUI for Driving Under the Influence of Marijuana?

by Jay Jurasevich | Mar 30, 2021 | DUI

MARIJUANA ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

333 N. Wilmot Rd, STE 340
Tucson, AZ 85711

Can You Get a DUI for Driving Under the Influence of Marijuana?

Driving is a privilege, and as such, you need to handle it responsibly and thoughtfully. Taking to the road when you are in no condition to do so is a flagrant abuse of that privilege. Irresponsible drivers could end up incurring a marijuana DUI charge or something similar.

You may be wondering if DUI charges related to marijuana are a real thing. After all, when people hear about DUIs, they immediately think about violations related to alcohol. We’ll be addressing that and many other relevant topics in this article.

Please feel free to read on and learn more about how you could be in violation of the law by driving under the influence of marijuana. The information you pick up here could wind up saving you from legal troubles down the road.

The Legal Status of Marijuana in Arizona

Before we go deeper into DUIs and how they relate to marijuana, let’s take a few moments to go over another topic of importance. To be more specific, let’s talk about the legality of marijuana in the state of Arizona.

In case you missed it, Arizona residents made a huge decision regarding marijuana usage in the state during the last general election. Proposition 207, also known as the Smart and Safe Arizona Act, put forth the initiative to legalize the adult use of marijuana. The proposition also sought to legalize the possession and transfer of marijuana, provided that people follow certain rules.

Once Election Day came, the majority of Arizona residents decided to vote “yes” on Proposition 207, and thus the adult use of marijuana became legal.

With the passage of Proposition 207, Arizona residents over the age of twenty-one can now legally possess, use, and/or transfer up to one ounce of marijuana. Growing your own marijuana plants is legal now, but there are also restrictions placed on that.

The passage of Proposition 207 marks a clear turning point when it comes to how the state of Arizona treats and views marijuana. However, the passage of that proposition does not mean that Arizonans now have carte blanche to use marijuana any way they please. There are still activities related to marijuana that remain outlawed.

Marijuana-Related Activities That Remain Illegal in Arizona

Adults can now legally use marijuana in Arizona, but there are still existing rules limiting the usage. Let’s go over those restrictions so you can avoid violating them.

Smoking Marijuana in Public

If you do intend to use marijuana, you must do so only at home. Using marijuana in a public space is a violation of the law. Officials consider parks and other open areas public spaces.

Selling Marijuana

The sale of marijuana is guarded carefully by the state of Arizona. Even though individuals are now allowed to cultivate their own marijuana plants at home, selling what they grow is another matter altogether.

As of now, only licensed entities are allowed to sell marijuana in Arizona. More specifically, only medical marijuana dispensaries and marijuana establishments can sell those products.

Using Marijuana in the Workplace

The subject of using marijuana in the workplace is tricky because rules can vary from one place to another. Some employers may enact rules that ban the usage of marijuana in the workplace, and that is their right.

Employees must abide by the rules set in their workplace regarding marijuana usage. Failing to do so could lead to them losing their job or potentially facing other legal troubles.

Driving Under the Influence of Marijuana

Arizona is committed to keeping their roads safe for everyone. The state has harsh laws related to driving under the influence to deter everyone from engaging in such a dangerous activity.

It should come as no surprise that driving under the influence of marijuana still remains illegal. According to Arizona law, operating any motor vehicle, boat, or aircraft right after using marijuana is not allowed.

What Constitutes a Marijuana DUI Violation in Arizona?

The threshold for committing a marijuana DUI violation in Arizona is not particularly high. According to the Arizona Department of Transportation, the authorities finding any trace of marijuana metabolites in your body can lead to a DUI violation.

Other states handle DUI violations a bit differently. Many of them will not charge you with violating any drug laws unless the level of marijuana metabolites in your bloodstream exceeds 0.08 percent. In Arizona, you can be cited for a marijuana violation even if the metabolite concentration in your blood is less than that threshold.

What that means is that Arizona residents should avoid using marijuana altogether if they plan on driving anytime soon. Most of the time, marijuana should only remain traceable in your body for about a couple of days. However, there are times when it could linger for a week or even longer than that.

What Are the Penalties for Committing a Marijuana DUI Violation?

Given how committed the state of Arizona is to discourage driving under the influence, you cannot be surprised that they have some harsh penalties. The penalties change depending on whether you are a first-time or repeat offender.

Penalties for the First DUI Violation

The penalties that come with your first marijuana DUI arrest include a jail sentence. At a minimum, you can expect to spend at least ten consecutive days in jail. That jail sentence could also be up to one hundred and eighty days.

You may also need to pay a fine of no less than $1250. Offenders must render community service and receive probation. The probationary period could last for up to five years.

Anyone found guilty of driving under the influence will also attend drug screening, treatment, and education programs. They will also install a certified ignition interlock device in your vehicle.

Lastly, they will suspend your driver’s license after your DUI violation. The suspension period will only last for ninety days if you attend Traffic Survival School. Failing to attend Traffic Survival School will lead to suspension of your driving privileges for one year.

Penalties for the Second DUI Violation

The jail sentence for a second DUI violation carries a heavy minimum. You’re looking at ninety days in jail at the least for that second violation, but that can still go up to one hundred and eighty days.

The fine goes up significantly too. The minimum fine will be set at $3000.

Like before, you will attend drug screening, treatment, and education programs. Community service and probation also remain as penalties.

They will suspend your driver’s license again. This time, the suspension will be a year, and attending Traffic Survival School will not change that.

Penalties for an Aggravated DUI Violation

A person can be guilty of aggravated DUI if they commit a third DUI violation within eighty-four months. Individuals who drive under the influence with a suspended license or with a person under fifteen in the vehicle can also receive charges of aggravated DUI.

The penalties for aggravated DUI are serious. You will still attend drug education, screening, and treatment programs while rendering community service, but there are other harsher penalties.

They will revoke your driver’s license for one year after an aggravated DUI charge. The state will also hit you with an onerous fine. The fine in question here could balloon up to $150,000.

Offenders are no longer looking at jail time. Instead, you will go to prison and receive a sentence of at least four months there. Depending on how the court views your case, your prison sentence may extend up to two years.

An Additional Note about DUI Marijuana Convictions

Although not a direct penalty of your negligent decision, you should know that an offense of that nature will stick with you. The passage of Proposition 207 has made it possible for individuals to erase various marijuana violations from their records. Possessing, using, and growing marijuana are examples of previous violations they can delete.

Those who are guilty of driving under the influence will not have that same opportunity. The error they made will stay on their record permanently.

Considering the effects of having any blemish on your record, you should think twice about driving your vehicle under the influence of marijuana. That risk is not worth taking.

How Do You Fight against a Potential Marijuana DUI Charge?

After being cited for a potential marijuana-related DUI violation, you may be coming up with ways to defend yourself. At that point, your most effective defense is to prove that you are a qualified medical marijuana patient.

It’s important to note here that you can use the medical defense if prescribed by a doctor. A recommendation is not the same thing as a prescription, so you can still get in trouble if the former is the only thing you have.

But what if you are not a medical marijuana patient? What can work as your defense in that scenario?

You should call a lawyer at that point. A lawyer can help by casting doubt on the legitimacy of the drug test results. They can request to have the sample retested in a bid to prove your innocence.

If you truly were not driving under the influence of marijuana at the time, a second test should provide a result that conflicts with the earlier false positive. Your lawyer can then use that other test result to demonstrate that it was the test that made an error and not you.

A lawyer could also suggest that the sample used in your case was tainted. If that is proven, then the DUI charge against you will look flimsy.

In any case, you should get in touch with a lawyer as soon as possible if you receive a DUI violation. Suspected DUI violators are usually allowed to contact a lawyer as soon as they’re in custody.

Can You Refuse to Take a Drug Test After Being Pulled Over?

Arizona operates under the Implied Consent Law, and that makes a big difference in DUI cases. You might have assumed that refusing a drug test is allowed, but that is not the case in Arizona.

After you get your Arizona driver’s license, you automatically consent to any alcohol or drug tests while you’re operating your vehicle. Technically, you can still refuse the test, but that will lead to you facing stiff penalties.

For instance, they will instantly suspend your driver’s license after you refuse the test. Refusing the test once will lead to a suspension for at least a year. If you refuse a second time, your suspension will be for two years.

On top of that, you must complete a drug screening program before you become eligible to have your driver’s license reinstated. Completing that program will be necessary if you want a restricted driving permit.

Can You Be Charged with a Crime for Using Marijuana in Your Vehicle?

One last thing to note here is that you can be charged with a crime if you used marijuana while you were inside your vehicle. It doesn’t matter whether you were driving the vehicle or not. As long as there’s proof that you used marijuana inside your vehicle, you can be charged with a crime.

If you intend to use marijuana, do so only while inside a private residence. Nothing good can come out of using marijuana elsewhere unless you have a medical exemption.

Marijuana DUI violations carry heavy penalties, and they can also stay with you for the rest of your life. Don’t sit idly by if you are staring at a mistaken DUI charge. Contact us at the Schill Law Group and allow us to help you prove your innocence.

Is Fraud a Felony?

by Jay Jurasevich | Feb 18, 2021 | Felony

CRIMINAL DEFENSE ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

333 N. Wilmot Rd, STE 340
Tucson, AZ 85711

Is Fraud a Felony?

Is fraud a felony in the state of Arizona? Considering how potentially damaging the crime of fraud can be, it should come as no surprise that most occurrences of it are considered felonies.

Still, fraud is a broad term, and it covers a wide variety of criminal offenses. Because of that, different kinds of fraud also come with different penalties.

In this article, we will take a closer look at some of the more common types of criminal fraud and how they are regarded in the state of Arizona. We will determine when certain actions become fraudulent and the penalties that you may receive if you commit them.

Please read on to learn more about fraud offenses in the state of Arizona.

Fraudulent Schemes and Artifices

The most serious type of fraudulent crime according to Arizona’s laws involves setting up an elaborate scheme to trick people. Think of pyramid schemes and other organized efforts to defraud hundreds and sometimes even thousands of people and you’re getting at what this law aims to prevent.

Organized schemes can drain people of their life savings and ruin them financially for decades. You don’t need to think hard to understand why such crimes are penalized so heavily.

An important thing to note about this fraud is that those guilty of it may be ineligible to have their sentence suspended or to be released from confinement. That is the case if the fraudulent scheme the person in question engaged in involved the manufacturing or selling of opioids valued at over $100,000.

If they find you guilty of a fraudulent scheme, you will receive a Class 2 felony.

credit card fraud

Credit Card Fraud

Credit card fraud is prevalent in modern society. Advancements in technology allow us to connect easier than ever before. Unfortunately, nefarious individuals have taken advantage of that fact to commit credit card fraud.

The crime of credit card fraud can take on many forms.

Taking control of a credit card that isn’t yours without the owner’s consent is a fraud. Typically, the reason why a third party could assume control of the credit card was because they obtained vital information about it through fraudulent means. Some criminals have been known to use spam emails to obtain the credit card information of their targets.

Stealing a credit card by means of fraud is a Class 5 felony in the state of Arizona.

Making unauthorized alterations to your credit card is another form of fraud. If there’s something wrong with your credit card, you need to contact your bank about that first before doing anything. Acting on your own is an easy way to get into trouble.

Altering your credit card without authorization by the issuing bank is a Class 4 felony.

You could also be guilty of fraud if you knowingly use a credit card that is expired, canceled, or obtained through forgery. Notably, though, they won’t charge you with a felony automatically if you commit fraud this way.

Whether or not you will be charged with a felony depends on the amount you swindled out of others.

If you obtained money, goods, or services valued at over $250 but less than $1000 over a period of six months, you may receive a Class 6 felony. If the amount exceeds $1000, then you’re potentially looking at a Class 5 felony charge.

Insurance Fraud

Insurance fraud is right up there with credit card fraud in terms of how common they are, and you can commit insurance fraud in different ways.

Some people will fake injuries or fabricate incidents that supposedly took place to file a claim with their insurance provider. You can find people who will claim that they were injured in an accident even though they are fine. In extreme cases, some people may even set fire to their property to claim insurance payments.

People do those things in the hopes of receiving compensation even though they are not currently qualified to receive that financial benefit.

You should also know that providing fabricated pieces of evidence to support an insurance claim can be regarded as fraud. Honesty is important when filing an insurance claim because misrepresenting the facts or outright lying can land you in serious legal trouble.

Committing insurance fraud is a Class 5 felony in Arizona.

Mortgage Fraud

New homes are major investments, and most people cannot pay them off in one go. Usually, buyers will take out mortgages to afford their new homes.

Lenders are careful when it comes to choosing who they will approve for loans. They need to be because they don’t want borrowers who will struggle to make payments. They are businesses after all, and they need paying customers to turn profits.

Because of how strict lenders tend to be during the approval process, some borrowers feel pressure to embellish or simply lie to receive their money. The temptation to lie in that situation can be overwhelming, but you need to avoid committing that white collar crime.

Lying on your mortgage application or simply withholding information that can have a material impact on it in one way or another constitutes fraud. Further actions involving that fraudulent loan may also be a crime.

The penalties you may face depend on your history when it comes to mortgage fraud. The penalties you may face depend on your history when it comes to mortgage fraud. Those who were guilty of committing mortgage fraud for the first time in Arizona will receive a Class 4 felony. Repeatedly engaging in this pattern of behavior may land you a Class 2 felony charge.

Fraudulent Attempt to Sell a Home Owned by a Married Couple

A lot of couples opt to take joint ownership of a significant investment such as a new home. It’s not something many married couples worry about because they don’t assume that anything will happen that can change their relationship.

Sadly, not all marriages last, and once happy couples seek a divorce for one reason or another. In cases where the split is amicable, the division of assets is no problem. It can be handled properly by the former couple and their attorneys.

Not all divorce proceedings are amicable, though. There are cases where the opposing sides attempt to ruin one another.

As a last-ditch effort to make their former partner miserable, one of the spouses may attempt to sell their home even though their partner’s consent is required for that transaction. To get around that problem, the seller may indicate that their former spouse is also onboard with the idea.

That kind of action is a criminal offense. It is specifically seen as a Class 5 felony in Arizona.

is fraud a felony

Seller Fraud

Online selling has become a viable way of making money for many people these days. You can easily find people with the entrepreneurial spirit using social media to promote their goods and services.

Small business owners benefit greatly from the emergence of the online marketplace. However, some devious individuals take advantage of the online marketplace to trick people.

Bogus sellers will accept payments online then suddenly terminate their account to make themselves difficult to track down. Others may claim that they have sent the goods, but the delivery services lost them and there is now nothing they can do.

Failing to provide goods or services that were purchased from you legally is a crime.

This is another case where the amount of the goods or services bought will determine the severity of the crime committed. If the total amount of transactions that took place over six months is valued at over $100, they can charge the person who failed to provide the goods or services with a Class 6 felony.

Utility Services Fraud

Paying for utilities every month can be expensive. If you’re having a tough time keeping up with your food expenses, you may neglect those utilities and accidentally allow them to pass their deadlines.

Tinkering with those utilities and their connections can spell trouble for you from a legal standpoint.

Connecting a property to a supply line after a utility person cuts it off is illegal unless the service in question authorized it. Manipulating the connections so that the meter measures the consumption of a particular utility is also illegal. Even if you were not the one who changed the connection, you can still be penalized if it’s proven that you knew about the tampering.

Other forms of tampering with utility services that companies did not consent to are all considered illegal actions.

That kind of violation is a Class 6 felony.

Welfare Fraud

The government provides welfare programs to help support their less fortunate citizens. Some of these welfare programs give people a means to obtain food.

Welfare programs are supposed to provide support for a select group of citizens. Not everyone is eligible for them, although some individuals may attempt to trick the system to receive benefits they don’t deserve.

Engaging in welfare fraud is a crime. Those who are guilty of committing welfare fraud will receive a Class 6 felony.

Insolvency Fraud

Insolvency proceedings sometimes become necessary when a company or individual is no longer capable of meeting their debts. The proceedings allow the company or individual in question to setup payment plans. If the proceedings go well, they can weather the storm somewhat.

Some individuals may attempt to defraud their creditors, however.

They may do so by falsifying documents, misrepresenting their possessions, or even damaging their own property. People going through insolvency proceedings may do those things to hold on to whatever possessions they can.

Needless to say, committing insolvency fraud is a bad idea. Anyone guilty of insolvency fraud may receive a Class 6 felony.

The Penalties for Committing Fraud

Is fraud a felony in the state of Arizona? We’ve now determined that several types are felonies in the eyes of the law.

But what does committing a felony entail? What penalties could you face after being found guilty of committing a felony?

The penalties you may need to face will vary depending on the specific type of felony you committed. Let’s go over them in this section.

Class 6 Felonies

Class 6 felonies carry the lightest penalties.

The minimum sentence for committing a Class 6 felony is six months in prison. Presumptive sentences go up to a full year, while the maximum length of a prison sentence for that type of crime is eighteen months.

Class 5 Felonies

Committing a Class 5 felony means that you will likely spend nine months in prison. If you get the presumptive sentence, you will endure eighteen months. The maximum for a Class 5 felony is two years.

Class 4 Felonies

Individuals guilty of committing a Class 4 felony will spend eighteen months in prison on the low end. A presumptive prison sentence for a Class 4 felony is two and a half years. The maximum sentence for this crime is three years in prison.

Class 2 Felonies

None of the felonies we discussed here in this article are Class 3 felonies, so let’s skip ahead to Class 2 felonies. Class 2 felonies carry heavy penalties.

The minimum sentence lasts for four years. After that, you have the presumptive sentence that is set at five years. Those who are handed down a maximum sentence for committing a Class 2 felony are likely going to spend the next ten years in prison.

Additional Penalties

Being a repeat offender means that you will receive even harsher penalties for your crimes. In some cases, offenders may be sentenced to more than thirty years in prison due to their repeated violations.

Felony fraud charges need to be taken seriously. You must be ready to fight back against false charges or else you could end up in prison for a crime you did not commit. Get in touch with us at the Schill Law Group today and we’ll help you handle those felony fraud charges.

Is Urinating in Public a Crime?

by Jay Jurasevich | Jan 22, 2021 | Misdemeanor

CRIMINAL DEFENSE ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

333 N. Wilmot Rd, STE 340
Tucson, AZ 85711

Is Urinating in Public a Crime?

The call of nature is not something we can ignore for long. Most of the time, heeding the call is no problem, but that’s not the case when you’re in public. As you’ll soon learn, engaging in public urination is not a good idea.

The state of Arizona has laws in place that discourage urinating in public. Even if you don’t know about them, you can still be found in violation of them by the court.

Find out more about the laws regarding public urination in Arizona by reading on. By the time you finish this article, you’ll understand why you should never try to answer the call of nature anywhere outside of a restroom.

Public Urination According to Arizona Law

As noted earlier, the state of Arizona has laws that actively discourage people from urinating in public. You can find the laws concerning public urination in Arizona in Title 36 of the state’s revised statutes.

Title 36 of Arizona law outlines public health and safety guidelines for the state. Found in Title 36 is Chapter 6, which governs public health control.

Take a closer look at Article 1 in Chapter 6, and you’ll find the conditions that the state of Arizona considers to be public nuisances that are dangerous to public health. To be more specific, paragraph 13 in Article 1 notes that spitting or urinating on floors, sidewalks, and walls of buildings, are all public nuisances.

The same paragraph notes that spitting or urinating on the floors and/or platforms of public forms of transportation can also be public nuisances. You can say the same thing for spitting or urinating on any other part of public transportation.

Why Do People Urinate in Public?

Deciding to urinate in public is not a good idea. You don’t need a law to tell you as much.

So, why do people still urinate in public? There are several potential explanations.

In many cases, someone decides it’s a good idea to urinate in public because they’ve already had too much to drink. Being intoxicated often causes people to become more susceptible to making bad decisions. That’s part of the reason why way too many people engage in irresponsible and dangerous activities such as drunk driving.

Some folks also tend to think that urinating in public is okay after a night of partying. With the bathrooms in the bar or club crowded, partygoers may decide to head outside to relieve themselves, which is not a smart move.

Some people do not regard urinating in public as a big deal. Urine may not be a hazardous substance, but it can still be an irritant. The smell can be off-putting especially if the urine is not cleared away quickly.

People can come up with all kinds of reasons or justifications for why they decided to urinate in public. At the end of the day though, you’re still violating Arizona law if you engage in that activity no matter what reason you have.

penalties for urinating in public

What Are the Penalties for Public Urination in Arizona?

The next time you get the idea to urinate in public, take a moment to think about the penalties you may potentially face. Public urination is considered as a class 1 misdemeanor in Arizona. That means you could be looking at some serious penalties because of your poor judgment.

First off, those who are found guilty of urinating in public may face jail time. They may be ordered to spend six months in jail. Notably, six months is the maximum jail sentence for your first violation, so there’s a chance that you can negotiate the length of the sentence down.

You should also know that the court may order you to serve your full sentence. Loopholes that could have given you a way out of jail sentence may be sealed shut by that court order.

Jail time is not the only thing you have to worry about if you urinate in public. In addition to that penalty, you may also pay a fine. The fine for a violation such as that is no lower than $150 and it can also go as high as $2,500.

Violators may also receive probation time. You may be put on probation for up to three years due to your public urination charge.

A class 1 misdemeanor violation can also hurt you in other ways. Remember that your conviction will stay on your criminal record. That blemish on your criminal record may make it harder for you to find a job later on.

Lastly, the penalties may grow worse for subsequent misdemeanor violations. You could find yourself in some hot water if you continue to disregard the laws regarding public urination.

How Do You Fight Public Urination Charges?

The penalties linked to public urination can be as bad as the ones stemming from a DUI charge. You cannot shrug off a public urination charge and hope that things will work out for you. Instead, you need to be proactive and fight against the charges.

The first thing you need to do once you learn that authorities are planning to press charges is to find a lawyer. Getting a lawyer is a good idea in any legal scenario, but it’s even more important here, considering what you’re up against.

A lawyer can help you fight against a public urination charge in different ways. Let’s discuss them further below.

Casting Doubt on the Police Officer’s Testimony

In a case such as this, the authorities will need to prove that you urinated in public. You might assume that you’re in the clear because you didn’t urinate in public, but the police may be insistent on their point. They may believe that you committed a violation because they could not see what you were doing and got the wrong idea.

If it’s going to be your word against police testimony, you will probably need some help. That’s where the lawyer comes in.

Your lawyer can help formulate defenses against the mistaken testimony of the police. After examining the facts of your case, your lawyer can start poking holes in the testimony of the police. If there are any inconsistencies in the testimony, an experienced lawyer can identify them.

Gathering Evidence Disproving Your Public Urination Charge

The best evidence the police may come up with to mistakenly charge you with public urination is their own testimony. It’s true that their testimonies often hold a lot of weight with juries, but it’s not without fault. Police officers can still make mistakes.

With a good lawyer by your side, the two of you can work on gathering evidence that disproves the notion that you were urinating in public. Your lawyer can get in touch with any establishments near the area and ask if they have video footage that could help in your case. They may also approach the police themselves and seek footage from their cameras to determine what they saw.

People at the scene where you were supposedly urinating in public may also be willing to vouch for your innocence. Your lawyer can get in touch with them and ask them to provide statements.

The bottom line here is that public urination charges against you won’t stick if you truly didn’t commit that violation. Work with a lawyer to uncover the evidence that proves your innocence and put this unpleasant ordeal behind you.

Preparing You for the Upcoming Trial

One more reason why you need the help of a lawyer when fighting against a public urination charge is the likelihood that the case will head to trial. This is not the type of case where the police or the prosecutors are typically willing to negotiate. Often, cases that involve public urination go to trial, and you need to prepare for that.

Your lawyer can help prepare you for that upcoming court date. A competent lawyer can coach you in court and make the case for the truth. They will let the facts speak for themselves, and that will be to your benefit.

Since some folks may think that a trial for public urination is not a big deal, they may want to represent themselves. Doing that is risky. You could end up losing a case you should win.

Give yourself the best chance of beating a bogus public urination charge by working with a lawyer.

Could You Face an Indecent Exposure Charge along with a Public Urination Charge?

Urinating in public is something you should never do. It’s inappropriate, unsanitary, and potentially costly for you from a legal standpoint.

We’ve already outlined how a public urination charge can affect you, but that’s not the only thing you need to worry about. You may also receive an indecent exposure charge depending on what happened while you were urinating in public.

Because of how intoxicated you were, you may not have been aware of the actions you were making at the time. Even if you did so without fully knowing what you were doing, you still may have exposed yourself to others while you were urinating.

According to Arizona Law, a person who exposes their genitals in a way that would offend or alarm another person can receive a charge for indecent exposure. Whether you were fueled by alcohol or not, doing something like that can put you in a tough spot.

What Are the Penalties for Indecent Exposure in Arizona?

Indecent exposure is a class 1 misdemeanor in Arizona. Like public urination, the penalties for indecent exposure can impact you in a variety of ways.

Jail time is something you need to worry about again. Remember that the maximum jail sentence for someone who commits a class 1 misdemeanor is six months.

Fines will also be imposed on those who are found guilty of indecent exposure. The minimum fine is $150, but you may pay as much as $2,500.

Probation is another penalty often handed down to individuals found guilty of indecent exposure. You may be put on probation for up to three years due to your violation.

Don’t forget about the mark on your criminal record that an indecent exposure conviction will leave behind. You may have a hard time landing a job with that mark on your record.

How the Penalties for Indecent Exposure Can Get Worse

The penalties for indecent exposure can get worse, depending on the circumstances.

If this wasn’t the first time, you will face tougher penalties as a result. A person guilty of indecent exposure may receive harsher penalties if they exposed themselves to someone under fifteen years of age.

The indecent exposure charge may no longer be a class 1 misdemeanor. Instead, it may be a class 6 felony.

The charge elevating to a felony means that the sentence you serve may change. Six months in jail is no longer the maximum punishment you may receive.

After being charged with a class 6 felony, you could be looking at a potential six -month stay in prison. You should also know that the standard prison sentence for a class 6 felony is one year in prison while the maximum sentence is eighteen months.

Things can spiral out of control in a hurry after a momentary lapse in judgment that led to you thinking urinating in public is acceptable behavior. Avoid that activity altogether and save yourself from a lot of potential problems.

It’s a different matter if your issues are stemming from false accusations. You’ll need a lawyer in that scenario. Get in touch with us at the Schill Law Group, and we’ll fight to ensure that you are not found guilty of a bogus public urination charge.

The Difference Between Murder and Manslaughter

by Jay Jurasevich | Jan 15, 2021 | Criminal Charges

CRIMINAL DEFENSE ATTORNEYS

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The Difference Between Murder and Manslaughter

Justice must be served in every case, meaning the law must punish offenders to the full extent of the law. To ensure that they are, you must be aware of what charges to pursue. In some cases, knowing the difference between murder and manslaughter is important if you want them to impose the appropriate punishments.

In this article, we will discuss the differences between crimes. We’ll talk about the elements that distinguish them from one another as well as the corresponding penalties they carry. Find out more about murder and manslaughter under Arizona law by continuing with this article.

What Is Murder?

To get things started, let’s first define the act of murder. Murder occurs when one person intentionally kills another.

There is a purpose behind the harmful action and the suspect in the case is usually accused of being driven by some form of malice. In other words, when you accuse someone of murder, you’re saying that the intent behind their actions was none other than to kill.

If murder was committed, that means someone died not due to an accident or some negligence. The death was the result of a violent act voluntarily and intentionally committed by another person.

In the state of Arizona, they classify murder into two different types of crimes. You have first degree and second degree murder. Differentiating between those two is important if you’re seeking a conviction against someone and you want them punished with what the law allows.

Defining First Degree Murder

First degree murder is an act of pure evil. It occurs when a person becomes so overwhelmed by their rage or some other malevolent emotion that they resort to intentionally killing someone.

The factor that distinguishes first degree murder from second degree murder is the presence of premeditation.

If the act of murder is deemed to be premeditated, that means that the defendant in question planned ahead of time to kill their target. The death was not the result of an accident or even a reaction to the heat of the moment. First degree murder simply means that one person planned and fully intended to kill another, and they executed that plan.

How long the defendant in the case planned to commit the murder does not matter. The simple act of planning the murder is enough to elevate it to the first degree.

Premeditation also means that the defendant had enough time to reflect on their thoughts and potential actions before committing the crime itself. It means that even after getting the opportunity to think about what they’re doing, the defendant still decided to move ahead with their plan.

There is no need to provide proof of reflection before authorities can convict an individual of first degree murder. As long as the premeditation is evident, the charges will stick.

Penalties for First Degree Murder

Arizona law comes down heavily on anyone convicted of first degree murder. There are different penalties that they may impose on the convicted individual.

First off, a person convicted of first degree murder may receive a life sentence. They may only become eligible for parole after serving 25 years of their life sentence.

In other cases, the defendant goes to prison for life and never becomes eligible for parole. The harshest punishment on someone who committed first degree murder in Arizona is the death penalty.

Defining Second Degree Murder

The presence of premeditation is the defining characteristic of a first degree murder degree charge. Without it, authorities regard the crime in question as second degree murder.

Second degree murder is often the result of unfortunate actions in the heat of the moment. Premeditation may not be evident, but the defendant still likely understood that their actions could lead to someone’s death.

An example may help you better understand what second degree murder is.

Let’s say that you were involved in a minor car accident. After that, you got into a heated argument with the other driver. You became so enraged during that argument that you reached into your car, pulled out a gun, and shot the other driver dead.

You may not have planned to kill that person prior to the accident, but you still allowed your rage to take over. An unjustified killing such as that is second degree murder.

Arizona law also states that someone who “recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person” can be found guilty of second degree murder. The defendant may not have committed any specific action that led to a person dying, but their reckless behavior may still have contributed to what happened.

Penalties for Second Degree Murder

The penalties for committing second degree murder in Arizona are serious.

Convicted individuals may receive a lengthy prison sentence. Typically, the prison sentence ranges from 10 to 25 years in prison. Unlike with the penalties that accompany first degree murder charges, those guilty of second degree murder are not candidates for the death penalty.

What Is Manslaughter?

Now that we’ve talked about murder and its different degrees, let’s focus on another crime that can lead to a loss of life, with that being manslaughter. There are different definitions of manslaughter according to the state of Arizona’s laws.

Manslaughter occurs when a person recklessly causes the death of another. Manslaughter charges can also be levied upon someone who kills another person in the heat of the moment after “adequate provocation.” A defendant may also be found guilty of manslaughter if the harm they brought to a pregnant woman led to that person’s unborn child dying.

Authorities can charge individuals who provide aid to another person’s suicide with manslaughter.

An important thing to note here is that the state of Arizona does not distinguish between voluntary or involuntary manslaughter. A defendant cannot secure a lighter sentence by pushing for an involuntary manslaughter conviction.

Penalties for Manslaughter

Compared to what a defendant may receive following a murder charge, the penalties that accompany a manslaughter conviction are relatively lighter.

The prison sentence for a manslaughter conviction can range from as low as seven years to as long as twenty-five years. The death penalty is also off the table in manslaughter cases.

What Is the Difference Between Murder and Manslaughter?

Now that you know about the penalties that accompany murder and manslaughter charges, it should be easy to understand why some plaintiffs push for murder charges. They want the guilty party punished harshly, and they believe that the penalties that stem from a murder charge are the ones that must be handed down.

The difference in penalties is easy to understand. It’s also easy to see how manslaughter differs from a first degree murder charge. After all, premeditation is also lacking in a manslaughter case.

However, manslaughter and second degree murder cases can appear similar. So, how do those two differ from one another? The difference ultimately boils down to whether there was “adequate provocation” that took place.

Defining Adequate Provocation

Adequate provocation is a term defined in Arizona law as “conduct or circumstances sufficient to deprive a reasonable person of self-control.”

Let’s call back to the earlier example regarding the car accident. We noted earlier that if you kill someone after getting into a heated argument, it can lead to a second degree murder charge.

How does it go from being a second degree murder charge to a manslaughter charge? To distinguish between the two, we need to see if there was an adequate provocation.

For example, the person who hit your car may have been harassing you.

The harassment may have been going on for a while. In a scenario such as that, it would be understandable if you suddenly lost your self-control due to the constant harassment.

Think of the intentional car crash as the proverbial straw that broke the camel’s back. At that point, it would not be unreasonable to think that you may respond violently, even if such an action remains against the law.

Another example would be if you found out that a loved one was abused by another person. Upon discovering that fact, you became overwhelmed by your rage and killed the abuser in the heat of the moment. That is another instance where you losing self-control is understandable, which is why it can be considered as a manslaughter case.

Personal history is often accounted for when trying to differentiate between murder and manslaughter. If there is a personal history there, the jury may lean towards handing down a manslaughter conviction as opposed to murder.

What Is the Difference between Manslaughter and Negligent Homicide?

Thus far, we’ve only focused on defining murder and manslaughter, but you also need to know what homicide is in Arizona law. To be more specific, you should know about the term negligent homicide.

Negligent homicide occurs when the criminally negligent actions of a specific person lead to the death of another.

Deaths that stem from a DUI violation constitute negligent homicide in the state of Arizona. The person who engaged in drunk driving was negligent when they sat behind the wheel of their car. Even if they did not intend to cause anyone harm, their poor decision still had fatal consequences, and they must be held responsible.

You may also be charged with negligent homicide if you accidentally shot someone while hunting or if you accidentally started a fire, which led to someone dying. We talked about the fact that Arizona does not distinguish between voluntary or involuntary manslaughter. In a way, negligent homicide works as a replacement for that crime.

Penalties for Negligent Homicide

The penalties for negligent homicide are considerably lighter than the ones associated to the other crimes we’ve already discussed. Individuals convicted of negligent homicide may spend up to 10 years in prison.

Unlike with the previous crimes, though, a person can avoid prison time even if they are convicted of negligent homicide. Instead of a prison sentence, they may receive probation for an extended time. Violating the terms of probation may still land a convicted individual in prison, however.

How a Lawyer Can Help Your Defense

Being held responsible for the death of another person is a heavy burden to bear. You are likely overwhelmed by feelings of guilt and remorse. Even so, you must fight for your rights if you are not guilty of the charges against you.

The prison sentences you may serve can vary significantly depending on which crime they charged you with. You need to fight for justice and let the facts of the case determine your fate.

Partner up with a lawyer and start working on your defense. A skilled and experienced lawyer can bring the facts to light and help reduce your prison sentence. Your lawyer can help you avoid a murder charge even if that means being convicted of committing manslaughter.

Lawyers can also help reduce the length of your prison sentence. Instead of spending twenty-five years in prison, you may only serve seven years. If you’re being charged with negligent homicide, your lawyer can help you out by negotiating for probation time instead of a prison sentence.

Wrongful accusations of murder or manslaughter can also be difficult to fight against on your own. Partner with a lawyer and fight for your innocence in court.

You need to take charges of murder or manslaughter seriously. Respond properly to them by partnering with us at the Schill Law Group.

We will fight for the truth in your case and ensure that justice is served. Contact us today to learn more about how we can help.

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