(480) 680-7432

Dangerous Drug Charges and What Can You Expect?

by | Dec 11, 2017 | Criminal Charges, Drugs, Felony, Possession of an Illegal Substance

Defending the People of Arizona

With more than 100 Years of combined experience

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

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

(480) 680-7432
© 2021 Schill Law Group All Rights Reserved.

Dangerous Drug Charges and What Can You Expect?

Drug possession charges are always a big deal, but some drugs are considered to be more serious than others. “Dangerous Drug” possession is considered a Class 4 Felony in Arizona. Because this class of felony charge can result in lengthy jail sentences and hefty fines, it’s important to understand what constitutes a “dangerous drug.” After all, the term “dangerous drug” seems somewhat vague and subjective. Under Arizona law, however, there are no gray areas. Today’s post will outline what a dangerous drug really is and what you can expect if charged with possession.

What are “Dangerous Drugs” in Arizona?

Although it could be argued that all drugs (even legal ones) are dangerous in certain quantities, the state of Arizona has a much narrower definition of what constitutes a “dangerous drug.” Generally speaking, a drug is considered to be dangerous when it is an illegal narcotic other than marijuana. The list is extensive, but some of the most commonly abused drugs that are included on the list of drugs deemed “dangerous” under Arizona law include:

  • Methamphetamines
  • LSD
  • Ecstasy
  • Steroids
  • Mescaline
  • MMDA
  • GHM
  • Clonazepam
  • Psilocybin Mushrooms (“Magic” Mushrooms)

The attorneys at Schill Law Group can provide you with the full list of dangerous drugs for your review. We have worked numerous cases involving the possession of dangerous drugs and have skillfully helped countless defendants navigate their legal options when facing such a charge. Through aggressive courtroom tactics, we have achieved many positive case outcomes, including dismissed cases and reduced charges.

Possession of Dangerous Drugs in Arizona

The most common dangerous drug charge in Arizona is for possession. If you are arrested for a first or second offense of possessing a dangerous drug, you could face 1.1-3.7 years of jail time, fines, and a felony charge on your record. Third-time offenders and any subsequent offenses may receive jail sentences ranging from 1.5-3.7 years. In cases where the drug involved was not meth, first and second-time offenders may be given the opportunity to attend substance abuse treatment and to submit to random drug testing in lieu of jail time. Successful completion of the program could result in your criminal charges being dismissed; however, failure to complete the program will ultimately result in jail time and harsh penalties. Some first and second-time offenders can also have their charges reduced to a misdemeanor. Having the right lawyer on your team will ensure the best possibility for a favorable outcome.

Other Dangerous Drug Charges in Arizona

Beyond simple possession, there are other ways to get in trouble with Arizona law as it pertains to dangerous drugs. If for instance, you are arrested for possessing dangerous drugs with the intent to sell, you may be charged with a Class 2 Felony which carries a 3-15 year sentence, depending on prior convictions and quantities. The manufacture of dangerous drugs or administering a dangerous drug to another person is also a Class 2 Felony and carries serious penalties including prison time and fines.

Fighting a Dangerous Drug Case in Arizona

Because the state of Arizona takes dangerous drug crimes very seriously, it’s imperative that you have a qualified defense attorney working on your side. Penalties can vary based upon your criminal record, the drugs involved, and the quantities present, and an experienced lawyer will be able to assemble that data and determine the best course of action for fighting your case.

 

The team at Schill Law Group understands the complexities of Arizona dangerous drug laws and can help you build your very best defense. Have you or someone you love been accused of a crime involving a dangerous drug? Let us start fighting for your rights today. Call the attorneys at Schill Law Group for a free case evaluation immediately.

Everything You Need to Know About Annulment in AZ

by | Dec 11, 2017 | Annulment, Divorce

Defending the People of Arizona

With more than 100 Years of combined experience

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

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

(480) 680-7432
© 2021 Schill Law Group All Rights Reserved.

Everything You Need to Know About Annulment in AZ

Marriage annulments are quite rare in Arizona, but that doesn’t mean that the procedure isn’t available to those for whom the required legal grounds exist. Although divorce is a much more common route for marriage dissolutions, annulment could be a viable option for you. Understanding exactly what an annulment of marriage is in the state of Arizona will help you determine your eligibility and how to proceed with the dissolution of your marriage.

Mariage Annulment Defined

The experts at Schill Law Group frequently receive questions about annulment vs. divorce in the state of Arizona. An annulment of marriage derives from the idea that the marriage was invalid from the start. In other words, it means that a legal marriage never actually existed. When an annulment occurs, both parties’ status is returned to single, and they are considered to have never been lawfully married at all. If a marital relationship is eligible for annulment proceedings, it will be classified as either “void” or “voidable.” You may sometimes refer to an annulled marriage as a “nullified” marriage.

Civil vs. Religious Annulment

One of the most confusing aspects of marriage annulment in Arizona has to do with a religious annulment. Many Arizonans confuse the concept of a civil annulment vs. a religious annulment. In a religious annulment, a church tribunal might declare that a marriage is annulled to allow one person to marry another in church. This type of annulment does NOT carry any legal weight. In a civil (or legal) annulment, a petition is filed with the court and a judge makes a determination and issues orders. This, of course, means that specific conditions must be met in order for the annulment to be issued.

Grounds for Annulment of Marriage in Arizona

There are multiple reasons why a marriage might be annulled in the state of Arizona, rather than dissolved through divorce proceedings. Grounds for an annulment include:

  • Duress/Lack of Consent – Voluntary consent is required for legal marriage. If a person is forced or compelled to marry under the threat of violence, the marriage is voidable and, therefore, eligible to be annulled by a judge.
  • Lack of Mental Capacity – If an individual marries while he or she is insane, mentally ill, or otherwise mentally incapacitated, this person cannot provide legal consent to take part in getting marrying. As such, there could be grounds for annulment.
  • Fraud – If either party was intentionally dishonest or misrepresented facts about himself or herself for the intent of tricking the other person into marriage, the marriage may be annulled on the grounds of fraud.
  • Intoxication – When one individual was intoxicated, drugged, or otherwise under the influence at the time of the marriage proceedings, the marriage could be annulled due to the inability to legally consent to the marriage contract.
  • Impotency – When arguing for an annulment due to impotence, the complaining individual must offer proof that the other party was both permanently and incurably impotent at the time of the marriage, AND that the condition was not known until after the marriage took place.
  • Underage Marriage – In the state of Arizona, any child under 18 years of age must have the consent of a parent or guardian in order to legally marry. If the child is under the age of 16, he or she will also need to obtain the approval of a Superior Court judge. If these conditions are not met prior to marriage, the marriage is voidable and may be annulled.
  • Incestuous Marriage – Incest is automatic grounds for annulment, as Arizona state law prohibits this type of arrangement. It is thereby void from the start.
  • Bigamy – In the event that one party enters into marriage with a new partner before legally dissolving a previous marriage, he or she has committed an act of bigamy and the marriage is void.

Do you believe that your marriage may be eligible for annulment proceedings in the state of Arizona? Schill Law Group can help. Give us a call to determine the best way to dissolve your marriage today.

Arizona Theft Laws: The Difference Between a Misdemeanor and a Felony

by | Dec 4, 2017 | Felony, Theft

Defending the People of Arizona

With more than 100 Years of combined experience

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

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

(480) 680-7432
© 2021 Schill Law Group All Rights Reserved.

Arizona Theft Laws: The Difference Between a Misdemeanor and a Felony

Being accused of theft should never be taken lightly. In the state of Arizona, there are varying degrees of classifications of theft. While the accusation of theft is always a serious charge, each classification comes with its own unique set of penalties. Understanding the differences between a misdemeanor theft and the various classes of felony theft is important to building the best case for your defense and protecting your future.

What is Theft?

Under Arizona State law, a person can be convicted of the crime of theft in situations where they knowingly (and without having the lawful authority to do so), take any of the following actions:

  • Using someone else’s property or services for any unauthorized period of time.
  • Committing fraud as a means of obtaining another person’s property or services.
  • Controlling lost property without making a reasonable attempt to locate its owner.
  • Controlling someone else’s property with the intent of depriving the said person of the property.
  • Controlling stolen property.
  • Obtaining compensable goods or services without paying for the goods or services.

Schill Law Group understands the law as it pertains to all types of theft and can help fight on your behalf.

Misdemeanor vs Felony Theft in Arizona

The primary difference between a misdemeanor and felony theft charge in the state of Arizona concerns the dollar value of what was stolen. Generally speaking, the higher the dollar value of the property or service that was stolen, the harsher the penalties will be if convicted. ARS § 13 – 1802 mandates that a theft shall be classified as a misdemeanor unless the dollar value of what was stolen exceeds $1000. Theft crimes exceeding this amount will be brought forth as a felony charge. There are, of course, exceptions to this rule. In the event that a firearm or an animal is stolen, the charges will be brought as a felony. Other extenuating circumstances, such as an assault during the theft, could also impact the severity of the charges.

Classification and Penalties for Theft in Arizona

The following is an outline of the different classifications of theft in Arizona and their corresponding penalties:

  • Class 1 Misdemeanor Theft – Theft of property or services with a dollar value of less than $1000 is designated as a Class 1 misdemeanor, and is the lowest-level theft offense. Sometimes, this level of theft is described as “petty theft.” A Class 1 misdemeanor theft is punishable by as many as six months of jail time, fines up to $2500, and restitution to the victim.
  • Class 6 Felony Theft – The lowest level felony theft charge is designated as a class 6 and involves cases, where the property or services involved, were valued between $1000 to $2000. If convicted, punishment involves a minimum of four months to a maximum of two years of incarceration and fines up to $150,000.
  • Class 5 Felony Theft – This class of theft involves property or services valued between $2000 to $3000 and carries a sentence of six months to 2.5 years in prison and a fine not to exceed $150,000.
  • Class 4 Felony Theft – Here, property or services involved in the theft are valued between $3000 and $4000. In addition to this, the theft of any vehicle engine or transmission (regardless of the actual dollar value) is designated as a Class 4 Felony theft. Punishment includes one to 3.75 years of incarceration and fines of no more than $150,000.
  • Class 3 Felony Theft – A theft is designated as a Class 3 felony when a property is valued at at least $4000 but not greater than $25,000. If convicted, punishment includes two to 8.5 years in prison and a fine of up to $150,000.
  • Class 2 Felony Theft – The most serious class of felony theft in Arizona, this type of charge involves property or services with a value of $25,000 or greater. Those convicted may receive three to 12.5 years of incarceration and fines not to exceed $150,000.

If you or someone you love has been charged with theft, NOW is the time to reach out to Schill Law Group for legal help. Reach out to us for a free consultation and we’ll start building your case today.

When Supervised Visitation is the Best Option for Your Child

by | Nov 6, 2017 | Child custody, Custody, Parenting, Supervised Visitation, Visitation

Defending the People of Arizona

With more than 100 Years of combined experience

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

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

(480) 680-7432
© 2021 Schill Law Group All Rights Reserved.

When Supervised Visitation is the Best Option for Your Child

In cases involving child custody and visitation, the Arizona court system always has the best interests of the child or children in mind. A judge will not take the decision to order supervised visitation lightly, and a number of factors must be considered prior to making such a ruling. As such, you need a qualified attorney working on your behalf in order to present all of the facts and pertinent case information to the court. Today’s post will take an in-depth look at when supervised visitation is the best option, and how to go about arguing your case for supervised visits.

Is Supervised Visitation Right for My Child?

Whatever personal conflict you may have with your child’s other parent, your personal feelings mean little in the Arizona court system. In order to have a judge order supervised visits between the other parent and your child, you’ll need to work closely with Schill Law Group to prove that supervised visits are, indeed, the best option for the child.

So, how do you do this, and how do you know for sure that supervised visitation is the best way to go? Arizona Code Section 25-403 outlines the guidelines for making decisions regarding child custody and visitation in situations where the parents are unable to come to an agreement on their own. Because the safety and stability of the children are the most important factors, a judge will usually only consider supervised visits when it can be proved that one parent may not be able to offer a safe, stable, and supportive environment. Some common scenarios in which supervised visitation may be court-ordered include:

  • When parents haven’t had much, or any, parenting time before. Sometimes, a parent has not been previously involved in the child’s upbringing. The Arizona court system may order supervised visitation for a specified length of time in order to allow the parent and child to become better acquainted with one another before unsupervised visits can be permitted.
  • When parents have a history of domestic violence. If there is any history of domestic violence, a judge will often designate a person to supervise parenting time.
  • When parents face grave mental health issues. If it is determined that a parent’s mental health conditions are severe enough that they impair judgment and the ability to safely parent a child, the court may order supervised visitation or limited contact.
  • When parents are living in an unsafe environment. If it is determined that a home environment is unsafe or unsanitary, the children may be removed and supervised visits may be ordered until the home is restored to livable conditions.
  • When parents are believed to be using illegal drugs. If a parent has a problem with illegal drug use, the court may determine that supervised visits are necessary. In some cases, a judge may order regular drug testing as a condition of both supervised or unsupervised visitation.

Arguing for Supervised Visitation

If you believe that supervised visits between your child and his or her other parent are in the best interest of the child, you will need to be able to clearly and objectively present your case to a judge. Your best bet for making a compelling argument is to hire an experienced legal professional who knows how to present the facts to the judge and make the best argument for your child. A seasoned attorney will also be able to fight for certain conditions to be met, such as court-enforced drug testing in order for supervised visits to take place.

Even if you believe your case is pretty cut-and-dry, it’s never a good idea to try to represent yourself in court – especially when the safety of your child is at stake. Don’t wait another moment to contact the experts at Schill Law Group. Give us a call to set up a free case evaluation today.

What’s a 341 Meeting of Creditors?

by | Oct 30, 2017 | Bankruptcy

Defending the People of Arizona

With more than 100 Years of combined experience

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

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

(480) 680-7432
© 2021 Schill Law Group All Rights Reserved.

What’s a 341 Meeting of Creditors?

If you’ve been considering filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy in Arizona, it’s imperative that you understand the ins and outs of the process. The majority of people have never heard of a 341 meeting of creditors, let alone know what such a meeting entails. Because this information is so vital, we’ve taken it upon ourselves to draft an overview of what a 341 meeting of creditors is, how it works, and how it can affect your case.

What is a 341 Meeting of Creditors?

When an individual, partnership, or corporation makes the determination that they must file for Chapter 7 bankruptcy, a bankruptcy trustee will be selected from a panel to handle the case. The job of the trustee is to maximize the total value of the assets that creditors are seeking. The trustee will also handle the investigation of any fraud or transfer issues. In fact, a trustee could even be viewed as the “prosecution” in your Chapter 7 bankruptcy case. As such, it’s important that you have a legal expert from Schill Law Group on your team to act as your defense.

During a 341 meeting of creditors, the trustee will have the opportunity to ask you questions pertaining to the case. While under oath, you and anyone else who may jointly be filing for Chapter 7 bankruptcy will be asked about the documents provided for the case and about any other issues that may have come to the attention of the trustee. Creditors may also elect to attend this meeting and will be allowed to ask questions of you as well. The purpose of the meeting is to ensure that all questions are answered quickly, properly, and accurately.

What Types of Questions Arise?

During a 341 meeting of creditors, the trustee assigned to your case and any creditors present may pose questions such as:

  • Will you be receiving any money by inheritance in the near future?
  • Do you currently hold any personal injury claims?
  • Do you currently owe any child support or spousal maintenance monies?
  • Have you thoroughly reviewed the documents filed for your case?
  • Have you signed your bankruptcy documents?
  • How long have you resided in the state of Arizona?
  • Have you previously filed for bankruptcy, specifically within the last eight years?
  • Were all of your creditors listed in your bankruptcy documents?
  • Is all of the information listed in your documents true and accurate?
  • Have all of your assets been listed in these documents?

What Else Should I Know?

Although a 341 meeting of creditors is usually very brief, often lasting only a few minutes, the process is very important. A 341 meeting of creditors is NOT a court hearing, but the session will be recorded, so it’s very important that all answers are provided as accurately and truthfully as possible. It’s best to have an attorney present who will make sure that nothing is said which could harm your case, as well as to ensure that your rights are protected and that the process goes smoothly. Even if your creditors don’t show up to the 341 meeting of creditors, they will still have a 60-day window in which to challenge your request for a discharge from your debts. A good attorney will see you through to the very end of the bankruptcy proceedings to make sure that all loose ends are tied up and you aren’t left with any questions or issues.

A 341 meeting of creditors in Arizona can feel very intimidating, but you don’t have to walk into the lion’s den alone. Let the legal team at Schill Law Group guide you through the process. Give us a call to schedule a free case evaluation today.

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