(480) 680-7432

Common Links Between Divorce and Bankruptcy

by | Oct 3, 2017 | Alimony, Child Support, 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.

Common Links Between Divorce and Bankruptcy

When going through a divorce, one of the last things you want to think about is filing for bankruptcy. Unfortunately, it’s actually not all that uncommon for Arizona residents to be forced to consider the bankruptcy option, and that can make things difficult. After all, both filing for bankruptcy or for divorce entails complex financial issues, and when the two legal scenarios intersect, the issues grow even more complicated. To further explore this topic, we’ve broken down three of the common links between divorce and bankruptcy in the state of Arizona.

Financial Obligations

Generally speaking, there are two types of financial obligations that come out of a divorce that have the ability to impact a bankruptcy: (1) child or spousal support, and (2) the division of marital property. In the event that one or both spouses file for a Chapter 7 or Chapter 13 bankruptcy, it is likely that any support obligations will remain enforceable. When dealing with any outstanding obligations that are tied to property division, however, a Chapter 13 bankruptcy filing could make a significant impact. Your Schill Law Group attorney can help you determine specifically how your divorce obligations may be affected by a bankruptcy.

Timing

If you and your spouse have been considering bankruptcy, you will likely have questions about when to file. Is it better to file for bankruptcy before filing for divorce or after? Making the decision to file jointly for bankruptcy prior to filing for divorce may result in your ability to save money on court costs, and the process of dividing assets and debts may be simplified. Additionally, if you choose to file for divorce more than 180 days after filing for bankruptcy, you’ll find that any property that is awarded in the divorce will be inaccessible to creditors.

There are, however, benefits to beginning the divorce process prior to filing for bankruptcy. There is a chance that doing so could allow for more options regarding the type of bankruptcy that you pursue. While a Chapter 7 filing can be completed within a few months, making it simple for you to quickly complete the process before divorce, a Chapter 13 takes much longer to complete and will complicate the divorce process. Consequently, it’s usually better to file for divorce before bankruptcy if you plan to go the Chapter 13 route.

Working Together 

The financial aspect of any divorce is stressful, but when a bankruptcy is involved, it puts a lot more pressure on both parties. If you hope to file for both a divorce and a bankruptcy during the same window of time, it’s imperative that you and your spouse have the ability to work together in order to make the process go as smoothly as possible. In many cases, this means that you should both hire attorneys who understand the legalities of both divorce and bankruptcy filings. This will allow you to communicate constructively and to ensure that you are treated fairly.

No one looks forward to filing for bankruptcy or for divorce, but these processes don’t need to be as stressful as you may imagine. In order to avoid any negative impact on your bankruptcy or divorce filing, you’ll need to be willing to offer full disclosures to all professionals who may be involved with your cases/filings. If you are planning on filing for bankruptcy, you should advise your bankruptcy attorney about the likelihood of your divorce. Similarly, your divorce attorney should be told that you are considering filing for bankruptcy.

Do you need help with your divorce or bankruptcy in Arizona? The attorneys at Schill Law Group have experience in both of these areas, putting us in the unique position to be able to handle your case. Give us a call to learn more today.

Illegal Manufacture of Drugs in Arizona

by | Oct 2, 2017 | Underage DUI

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.

Illegal Manufacture of Drugs in Arizona

In Arizona, being accused of possession or sale of illegal/controlled substances is much different than being accused of manufacturing or cultivating drugs. As such, you could face much harsher penalties should you be found guilty. Understanding what state law says about the manufacture of drugs will help you seek out an experienced lawyer with the ability to build the best defense for your unique case.

Manufacture of Illegal Drugs

The majority of illegal drug manufacture charges in Arizona are related to labs for producing substances like methamphetamine or ecstasy. The manufacture of these drugs often requires the use of a range of ingredients, from the pseudoephedrine found in over-the-counter cold medications, all the way to more chemically volatile and toxic ingredients like ammonia, lithium, acetone, and ether. Sometimes, simply purchasing or owning ingredients like these can raise suspicions with the authorities. Amassing large quantities of these materials is against the law. An entire special task force is dedicated to serving the state of Arizona as it seeks out and penalizes those who operate labs like these and manufacture illegal drugs. In the event that you are accused of operating a drug laboratory, producing illegal substances, or possessing excessive quantities of the ingredients used in the manufacture of drugs, you are up against some potentially serious consequences. Even for a first offense, the owner/operator of a meth lab may receive up to 15 years in state prison. This sentence can be enhanced to 20 years in the event that meth was produced in the presence of a child. On a second offense, an individual may be punished with a 35-year prison sentence and the loss of property. You should also be aware that the owner of a property where drugs are being produced can be held legally accountable for the manufacture – even if they were not directly involved with the production process. Because there are so many ways to be accused of being tied into an illegal drug manufacture case, it’s important to get help from an experienced criminal defense attorney like Schill Law Group immediately.

Cultivation of Illegal Drugs

In addition to being accused of manufacturing illegal drugs, you can also be accused of illegally cultivating controlled substances in Arizona. Although drug cultivation charges usually occur as the result of growing marijuana, you could also be punished for growing substances like peyote or psychedelic mushrooms. Sometimes, these drugs are cultivated outdoors, but it is more common for growers to maintain “grow houses” where they are able to regulate light, temperature, and humidity levels. As in the case of illegal drug laboratories, individuals can be legally prosecuted in situations where substances are being illegally cultivated, regardless of their level of involvement. Because illegal cultivation is considered to be a felony and carries consequences of up to seven years in prison, it’s in your best interest to hire a reliable lawyer as soon as you are formally accused.

Serious Charges Demand Serious Legal Expertise

In the event that you or a loved one is accused of illegal drug manufacture and/or cultivation in Arizona, you don’t have any time to lose. Because the freedom and future of the accused are at stake, you need to make it a priority to seek out and hire a professional criminal defense lawyer with extensive experience in dealing with drug manufacture-related charges. A free or low-cost public defender will not be able to give the time and attention required to offer up your best defense and protect your rights.

We will aggressively fight to defend you in Arizona court, regardless of your drug manufacture or cultivation charge. Give us a call to schedule a free case consultation and to get started on your defense today.

Your Guide to Arizona Domestic Violence Law

by | Sep 25, 2017 | Criminal Charges, Domestic Violence

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.

Your Guide to Arizona Domestic Violence Law

Domestic violence is one of the most misunderstood aspects of Arizona criminal law. While domestic violence cases are, unfortunately, rather common throughout the state, many Arizonans are unclear about what domestic violence actually is and carry numerous misconceptions about it. In order to clear the air, we have dedicated this post to debunking some of the most prevalent myths about Arizona domestic violence by exploring the facts.

Myth: Only women can be victims of AZ domestic violence.

Fact: While many people believe that women are the sole victims of domestic violence, this is simply not the case. According to the Center for Disease Control (CDC) and the National Coalition Against Domestic Violence (NCADV), 1 in 3 women and 1 in 4 men in the United States have been subject to some form of physical violence by a partner. Schill Law Group has defended both men and women in Arizona domestic violence cases.

Myth: Domestic violence isn’t very common.

Fact: The NCADV states that domestic violence accounts for 15% of all violent crime, and that, on average, domestic violence hotlines receive 21K calls per day. While that may seem like a lot, and any amount of domestic violence should be considered a cause for concern, its prevalence is often greatly exaggerated.

Myth: If my significant other chooses not to prosecute, the State won’t be able to charge me with a domestic violence crime.

Fact: In the state of Arizona, the decision regarding whether or not to arrest an individual and charge him or her with a domestic violence crime is solely up to the discretion of the police and prosecutors. The State will certainly consider the opinions and feelings of an alleged victim, but charges can still be filed, even when an alleged victim has requested that no one be charged.

Myth: If the alleged victim refuses to appear in court, the case will be dropped.

Fact: The State of Arizona is able to serve an alleged victim with a subpoena that orders them to appear in court – even if he or she does not want to offer testimony against you.

Myth: I can’t be prosecuted for domestic violence because I didn’t actually touch anyone.

Fact: Domestic violence is a term that can apply to a wide range of criminal activities. The basis for a domestic violence charge is the relationship between the alleged perpetrator and the alleged victim. While accusations of violence, like assault, are frequently connected to domestic violence charges, other charges such as criminal trespassing or disorderly conduct could also result in a domestic violence charge, even if no physical contact occurred.

Myth: AZ Domestic violence charges are always classified as misdemeanor offenses.

Fact: In Arizona, felony offenses can frequently be charged as domestic violence offenses, like aggravated assault. In some cases, a defendant may be charged with a felony for a misdemeanor act in domestic violence cases. Known as Aggravated Domestic Violence, this charge may be issued if an individual has already been convicted of two previous domestic violence offenses within the past seven years.

Myth: Misdemeanor domestic violence charges carry the same penalty as all other misdemeanor offenses.

Fact: Even a misdemeanor crime of domestic violence will carry an additional penalty that is typically only applied to felony cases. After being convicted of a domestic violence offense that involves physical force (or the threat of physical force), or the use of a weapon, the convicted person will no longer be legally allowed to possess a firearm.

Understanding the truth about domestic violence and AZ law surrounding it allows you to better prepare yourself for your case. If accused of a domestic violence offense, it’s extremely important that you hire an experienced attorney right away. Schill Law Group has acted as the defense for numerous domestic violence cases and understands how to best present your side of the story, protect your rights, and defend you in court. Give us a call to get started today.

How To Get Your Arizona Class 6 Felony Charge Reduced to a Misdemeanor

by | Sep 18, 2017 | Criminal Charges

CLASS 6 FELONY REDUCTION

HELPING YOU MOVE FORWARD

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.

How To Get Your Arizona Class 6 Felony Charge Reduced to a Misdemeanor

The Schill Law Group works every day with people just like you who want to move on from past mistakes and pursue a better future. We are deeply familiar with the process for having an Arizona felony charge reduced to a misdemeanor and all of the challenges and complications that can come up during the process. If you want to pursue a felony charge reduction or simply have questions, call now to schedule a free consultation with an attorney that can help.

Call Now: (480) 525-8900

We know that having a felony charge on your record can feel like the end of the world. Many Arizona employers have policies that prohibit them from making a hire should a felony turn up on a background check, and it can even become impossible for ex-felons to obtain certain professional licenses. In addition to this, those with felonies on their records are ineligible to own a gun or to serve on juries. On top of everything else, you may find it difficult to secure housing or to be granted bank loans. The list of potential problems could go on and on. Fortunately, there is hope for you if you have previously been convicted on a felony charge. By working with the aggressive and experienced team at Schill Law Group, you may have the ability to knock your felony charge down to a misdemeanor. In the state of Arizona, certain felony charges are eligible for being reduced to a misdemeanor, thus enabling you to move forward with your goals and dreams for your life.

Steps For Having Felony Dropped To Misdemeanor

  1. Receive or negotiate for a class 6 felony charge conviction.
  2. Complete the terms of sentencing.
  3. Successfully meet all of the requirements of your probation.
  4. Work with your attorney to secure an agreement to reduce the charge on your record to a misdemeanor.

What is a Class 6 Undesignated Felony in Arizona?

In Arizona, felonies fall under one of six different classes, with a Class 6 felony being the lowest level offense. This particular class of felony can be reduced to a misdemeanor. This is because a Class 6 Undesignated felony carries the implication that your offense could result in either a felony or a misdemeanor on your final record. The level of a felony charge is determined during the initial conviction. After you have received a class 6 felony, you will be required to complete your sentence, including any probation. Until you have successfully met the terms of your probation, the charge will be treated as a felony. After this time, you can request that the felony is reduced to, or “designated,” as a misdemeanor. This, of course, requires the careful negotiation of a plea agreement at the time of sentencing.

How To Negotiate a Class 6 Undesignated Felony

If you or a loved one is facing a felony charge, the idea of taking a plea agreement for an undesignated felony may initially seem like a bad idea. In situations where there is insufficient evidence to exonerate yourself and could face a more serious conviction from a jury and/or judge, however, accepting a Class 6 charge could be in your best interest. It’s crucial that you have a skillful criminal defense attorney on your team who knows when it’s best to accept this type of plea agreement, and who will have the ability to fight for a reduction to a misdemeanor down the road. Your attorney should also be able to negotiate the terms of your probation, thus helping you to avoid situations where the terms are too difficult for you to meet or are unreasonable. It should be noted that those with prior felony convictions are not typically eligible for a plea agreement. Consequently, you may find it more difficult to obtain a Class 6 felony charge or to have it later reduced to a misdemeanor. Again, it’s imperative that you seek out excellent legal representation for your case.

Other Methods for Having a Felony Reduced to a Misdemeanor

Plea agreements involving a Class 6 felony are the most common ways to have a felony charge reduced to a misdemeanor in Arizona. Even so, it’s not the only way to clean up your criminal record. A skilled criminal defense attorney may be able to fight for a misdemeanor by proving that there are problems with the prosecution’s case or by providing evidence of procedural issues. In addition to this, your lawyer may also have the ability to have your charge reduced right off the bat if this is your first offense and you have been accused of a low-level felony. Getting a felony reduced to a misdemeanor in Arizona can be life-changing, so it’s important that you choose serious, experienced legal representation. Don’t leave your life and future to chance. Reach out to the experts at Schill Law Group so that you can start getting your life back on track today.

Arizona Alimony 101

by | Sep 18, 2017 | 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.

Arizona Alimony 101

Alimony is a word that inspires a great deal of confusion – and sometimes fear – in Arizona divorces. If you’re going through a divorce, you may have a lot of questions about alimony. What types of alimony arrangements exist in Arizona? Who is eligible to receive alimony? How long do payments last? Today’s post will answer these and other important questions and highlight the basics of Arizona alimony.

What is Alimony?

The term “alimony” refers to money that one spouse pays out to the other for support. This financial arrangement might occur throughout the divorce process, be set up to begin after the divorce is complete, or both. Although alimony is the word most commonly used to describe payments like these, the state of Arizona uses the term “spousal maintenance.” As soon as the words “alimony” or “spousal maintenance” are brought to the table, it’s important to align yourself with an experienced divorce attorney like Schill Law Group who can help you wade through the process.

Why Do Spousal Maintenance Arrangements Exist?

You may find yourself wondering why a spousal maintenance arrangement might be made during or after a divorce. After all, if a couple has separated, why should one still be financially accountable to the other? The intent of alimony or spousal maintenance is to help individuals who, upon separation, find themselves unable to pay for their regular living expenses. This is to ensure that basic needs are met for at least some period of time.

What Types of Spousal Maintenance Arrangements Exist in Arizona?

If you or your ex spouse is seeking spousal maintenance in Arizona, you will need to understand the following types of arrangements:

Temporary

Legally referred to as “pendente lite,” this type of arrangement occurs when a judge orders spousal maintenance during the course of the divorce proceedings. In some instances, the judge might also rule in favor of temporary maintenance for a designated period of time. This amount can be made in a lump sum or monthly payment.

Permanent 

In today’s age, it’s becoming increasingly rare for a judge to order permanent spousal maintenance. This is because the court views maintenance as a rehabilitation program that allows an individual to get back on their feet prior to supporting themselves. Usually, permanent maintenance is only granted when a spouse is unable to become self-supporting due to a disability.

Limited

In cases where one spouse sacrificed money, assets, or career in order to support the advancement of education and earning capacity of the other spouse, a judge may order limited spousal maintenance to allow for reimbursement.

Who Is Eligible for Spousal Maintenance? 

In order for yourself or your spouse to be awarded maintenance, a judge must find that one spouse has a significant financial need while the other has the ability to pay. This may occur when one spouse doesn’t have enough property or assets to provide for reasonable needs, is not able to secure employment or be self-supporting, or when one spouse contributed to the other spouse’s education and/or employment opportunities.

How Are Maintenance Determinations Made?

The spousal maintenance agreement that is ordered by a judge will depend on several factors, such as:

  • Length of marriage
  • Age, employment history, physical/mental condition, and earning capacity of the spouse seeking maintenance
  • Marital standard of living
  • Spouse’s comparative financial resources
  • The paying spouse’s ability to provide spousal support
  • Costs of health insurance for each party
  • Other financial resources that may be available to the spouse seeking maintenance

Are Spousal Agreements Set In Stone?

Certain changes in life and financial circumstances can result in your ability to petition that the court modify or terminate spousal support arrangements. Spousal support payments automatically terminate when the term of award expires (where applicable), when the recipient spouse is remarried, or upon the death of either party.

Do you need legal assistance with your Arizona alimony case? Schill Law Group understands the ins and outs of spousal maintenance and can help you secure the best arrangement possible. Give us a call to get started today.

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