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Legal Separation vs. Divorce in Arizona

Legal Separation vs. Divorce in Arizona

Some couples in Arizona are not sure that they want to go through with a divorce while others want to remain married but be separated for a variety of reasons. Legal separation is an alternative to divorce for some people. People sometimes decide to seek a legal separation rather than a divorce because of finances, religious concerns, health insurance coverage, or the potential to reconcile at a later time.

If you are thinking about getting a legal separation from your spouse, the family law attorneys at the Schill Law Group can help you to determine whether a separation might be a good choice for you instead of a divorce.


What is the Difference Between Legal Separation and Divorce?

A legal separation has many similarities to divorce in Arizona. In both types of cases, the spouses will have separated their finances and community property and will live apart. Issues of child custody, visitation, child support, and spousal maintenance might also be decided.

However, the main difference between a legal separation and a divorce in Arizona is that people who are legally separated are still married. By contrast, a divorce terminates the marriage.

To get a legal separation, both parties must agree to pursue it. Under A.R.S. § 25-313, if one spouse objects to the legal separation, the court will order the pleadings to be amended to seek a dissolution instead of separation. By contrast, only one spouse has to agree for a divorce case to proceed under A.R.S. § 25-312 as long as the court finds that the marriage is irretrievably broken. Since Arizona is a no-fault state for regular divorces, this means that a divorce can be granted even if only one party wants it.

The legal procedure that is required to get a legal separation or a divorce is very similar. Both will require the filing of a petition. The petitioner will then need to serve the documents on the other party. The respondent will be able to respond to the petition. As long as both parties agree to the legal separation, they will negotiate with each other to try to reach a settlement agreement for the division of property, child custody and visitation, spousal maintenance, and child support.

If there are outstanding legal issues in dispute, they can be litigated in court. Eventually, a decree of legal separation can be issued. Legal separation and divorce cases also have identical residency requirements.

When a couple receives their decree of separation or dissolution, they will no longer have a community property relationship with each other. There will be both financial and physical separation. A legally separated couple will still be married and unable to marry other people, however.


Why Choose Legal Separation Instead of Divorce?

Couples choose legal separation instead of divorce for several reasons. While legal separation will end the financial relationship between the spouses, and they will live apart, they will still be married. Some spouses choose to do this because of health insurance reasons. For example, the spouses might agree to a legal separation when one spouse is on the other’s health insurance policy and is unable to get a separate policy.

Some people choose legal separation because of their religious beliefs. Others might choose legal separation as a trial to see if they truly want to divorce or if reconciliation might instead be possible.


How Long does it Take to Become Legally Separated in Arizona?

Under A.R.S. § 25-329, the waiting period for a legal separation or divorce is 60 days after the petition has been served by the petitioner on the respondent. This is how long it can take if both parties agree to everything, take their required parenting classes, and file all of their documents early.

If a case goes through litigation, however, it can take one year or longer. Cases that are resolved through mediation might take up to four months.


6 Things to Consider When Deciding Between Legal Separation or Divorce.

There are several factors that you should consider when you are trying to decide between legal separation or divorce. Thinking through each of them might help you to determine which process might be a better choice.

1. Your ability to remarry

If you and your spouse agree to a legal separation, you will still be legally married. This means that neither one of you will be able to marry someone else. If you choose to get divorced, either one of you will be legally allowed to get married again. While it might be hard to think about getting married again, you might feel very differently later.

2. Potential for reconciliation

Some couples choose legal separation because they think that it might be possible for them to reconcile later. If you and your spouse are going through difficulties and feel like time apart might be beneficial, a legal separation might be a good option. However, reconciliation will likely take some work and a willingness of both spouses to go to therapy.

If you are both willing to do this, getting a legal separation while you try to work things out can help to resolve some issues during the time that you live apart.

3. Not being emotionally ready for divorce

Some couples need to use legal separation as a step on the way to divorce. For these couples, a legal separation might allow them to work through their emotions until they are prepared for the permanent nature of getting divorced. If you are not emotionally prepared for divorce but know it is something that you will need to face in the future, you might prefer to get legally separated until you are ready.

4. Religious considerations

One of the primary reasons that couples choose to get legally separated instead of divorced is religion. If your religious beliefs do not allow you to go through with a divorce, a legal separation might be an option. However, your spouse will need to agree to a separation.

5. Health insurance

Some couples choose to get a legal separation because one spouse might not have access to insurance on his or her own. For example, if your spouse relies on your health insurance and has medical issues, you might decide to pursue a legal separation so that he or she can maintain his or her health coverage.

If you choose to divorce instead, your spouse will need to find health insurance on his or her own. In some cases, COBRA might allow a spouse to have some time to look for coverage. COBRA coverage can be very expensive, however.

6. Children and legal separation vs. a divorce

Children might find their parents’ legal separation to be just as difficult as if they got divorced. Whether you choose to pursue a legal separation or a divorce, you should expect it to be hard on your children. You and your spouse should keep the best interests of your children in mind in all of your decisions. Never say negative things about each other to your children or in front of them.

If you and your spouse believe that you will be able to reconcile, you can tell your children that you need to live in different places for a while. Your children should be told that the decisions that you make are not their fault and that you and your spouse still love them. If your marriage ultimately fails, your children will have time to get used to the new circumstances and potentially more able to handle your divorce. If reconciliation is not likely, you should be honest with your children. You do not want them to have false hopes that you will reconcile.


Deciding to Move Forward with Divorce, Schill Divorce Attorneys can Help.

Deciding to divorce or separate can be difficult. While you or your spouse might be against the idea of legally separating or getting divorced, it is important to understand that if either of you want to get divorced, it will move forward. Talking to an experienced family law attorney at the Schill Law Group might help you to sort through your thoughts and determine which process might be better for your situation and your family.

If you and your spouse opt for a legal separation, you can always convert it to divorce later.

The decision of whether to pursue a divorce or a legal separation is personal. Seeking the advice of a family law attorney is advisable in either case. To learn more about these different processes, contact the Schill Law Group today to schedule a consultation by calling us at 480.525.8900.

 

Arizona Community Property Laws – Who Gets What?

Arizona Community Property Laws – Who Gets What?

When you go through a divorce in Arizona, you and your spouse will have to divide your property and debts. How your property will be divided will depend on when it was acquired and whether you have a prenuptial or postnuptial agreement in place.

The attorneys at the Schill Law Group can help you to understand the community property laws of Arizona and advise you about the potential tax consequences and other issues that might arise during the property division portion of your case.


How is Property Divided in Arizona Divorces?

While some states are equitable division states for divorce cases, Arizona is what is known as a community property state. Under A.R.S. § 25-211, all of the assets and property that are accumulated during your marriage are considered to be community property with the following exceptions

  • Property that one spouse inherits
  • Property that is given as a gift to only one spouse
  • Property that is obtained after a divorce or separation petition has been filed

[1] Community property is considered to be equally owned by both spouses. This means that the community or marital property will be divided equally between each spouse during the property division portion of the divorce.


How are Debts Handled in a Divorce?

Like the assets that you accumulate during your marriage, the debts that you and your spouse have accumulated are also considered to be community debts and subject to division in your divorce. Handling the division of debts in your divorce can raise some important issues.

If the judge orders that your spouse is responsible for repaying a debt that has both of your names on it, your credit score can be harmed if your spouse fails to pay it on time. This is because your creditors are not parties to your divorce case, and they are not required to follow the family court’s orders.

If you have joint debt with your spouse, you should try to either jointly pay them off before your divorce is finished. If that’s not possible, you should contact the companies to try to get your name removed.

If your spouse is allocated the responsibility for repaying a jointly held debt after your divorce but fails to fulfill his or her obligation, you will need to repay it yourself to avoid damage to your credit.

You can file a motion with the court to hold your spouse in contempt for failing to meet his or her obligations to seek reimbursement for the amount that you had to pay for the debt that was allocated to him or her.


What is Separate Property?

Under A.R.S. § 25-213, the separate property includes the property and liabilities that each spouse brought into the marriage. It also includes inheritances that are received by one spouse and gifts that are given to only one spouse during the marriage.

Separate property is not subject to division in a divorce and instead remains the sole property of the spouse who owns it. However, property that becomes commingled with the marital property during a marriage may lose its separate nature and be included in the marital estate.

For example, if one spouse inherits money, deposits it into a joint bank account, and uses some of the funds to pay for bills and other items during the marriage, it might be considered to be commingled with the marital estate and subject to division.

If a spouse who inherits money instead keeps it in a separate account and does not use it to pay for community debts, it should retain its separate nature and avoid being divided in a divorce.


What is the Effect of a Prenuptial or Postnuptial Agreement?

A prenuptial or postnuptial agreement is a legal agreement that both spouses enter into either before or after their marriage. Prenuptial agreements have become more popular. If your fiancé presents you with a proposed prenuptial agreement, you should consult with a family law attorney at the Schill Law Group before you agree to sign it.

A prenuptial agreement may be used to waive your rights to certain types of property in the property division of any future divorce. It can also be used to waive your right to seek spousal maintenance.

If a prenuptial agreement is in place, it could prevent you from getting some of the assets that would otherwise be considered to be marital property in your divorce. For example, if your spouse had a business before your marriage, you may not be able to get your portion of the increased value of the business in your divorce if you waived your rights to it in a prenuptial agreement.

A Phoenix divorce attorney at the Schill Law Group can review a prenuptial agreement to determine whether it is valid and how it might affect your rights. If the agreement was not entered into or drafted correctly, the court may disregard it and order the community property to be divided between you and your spouse as if it did not exist.

A prenuptial agreement can be challenged and might be set aside by the court for the following reasons:

  • You entered into it involuntarily.
  • Your spouse failed to disclose the extent of his or her assets.
  • The prenuptial agreement was unconscionable at the time that it was drafted.
  • The prenuptial agreement resulted from fraud, coercion, or duress.

Proving that a prenuptial agreement should be set aside will require some investigation and evidence. If it is set aside, you will then proceed with a normal property division in your divorce.

It is important to note that a prenuptial agreement will not be set aside simply because you made a bad deal or that your circumstances have changed since you signed it.


What Happens if a Spouse is Concealing or Hiding Assets?

In some divorces, one spouse will try to hide his or her assets, transfer them to others, or spoliate them simply to prevent the other spouse from getting his or her fair share. If you believe that your spouse is hiding assets to prevent you from receiving what you should, working with an experienced attorney is important.

A lawyer can work with forensic accountants and other experts to locate assets that your spouse has hidden. If it is impossible to locate everything, your attorney can present evidence to the court and ask for the judge to draw an adverse inference based on your spouse’s conduct.


Have an Aggressive Phoenix Divorce Attorney on Your Side.

Dividing your property and debts in a divorce can be complicated. If you have been married for years and have accumulated substantial assets, the process can be even more complex.

The attorneys at the Schill Law Group have handled hundreds of complex divorce cases and are experienced in handling all types of property division matters. Contact us today to schedule a consultation by calling us at 480.525.8900.

High Net Worth Divorce in Arizona

High Net Worth Divorce in Arizona

When younger couples get divorced in Arizona, the process may be fairly straightforward because they may not have had much time to accumulate very many assets. However, if you have been married for a long time and have built substantial assets during your marriage, you may have to go through a type of dissolution called a high net worth divorce.

This type of divorce can be very complex because of the different types of assets that may be involved. High net worth divorces may involve complex asset classes and holdings worth hundreds of thousands up to millions of dollars. People who go through these types of divorces will likely need to get the help of a competent family law attorney who is experienced in handling high net worth divorce cases.

The Schill Law Group understands complex asset and debt division matters and is prepared to help.


How is a High Net Worth Divorce Different from a Regular Divorce?

A high net worth divorce will frequently involve complex legal and business issues that are not involved in regular divorces. High net worth couples may have vastly more extensive assets, including businesses, real estate holdings, art collections, trusts, stocks and bonds, investment accounts, retirement accounts, jewelry, and more. All of these types of assets may need to be identified, located, and valued to accomplish an appropriate division of property.

Under A.R.S. § 25-211, Arizona is a community property state.[1] This means that all of the assets that you have accumulated during your marriage that are not deemed separate property are considered to be equally owned by both spouses and subject to equal division. In many high net worth divorces, however, there may be antenuptial agreements in place.

High net worth divorces are likelier to include disputes about whether certain assets should be considered to be separate or community property.


How are Trusts Handled in High Net Worth Divorces?

Some wealthy couples have trusts established to hold substantial amounts of their assets. The handling of the assets of a trust can be crucial for the outcome of the property division in a high net worth divorce. When a spouse funds a trust with community property, it can transform the assets in the trust from being considered to be the separate property of that spouse to being considered to be the community property of both spouses to be divided in the divorce.

Normally, a trust that was created by a third party to benefit one spouse but not the other will be considered to be the beneficiary spouse’s separate property. The other spouse might argue that the court should consider the trust when it determines the amounts of spousal and child support that the other spouse should be granted.

When a trust is involved in a divorce, an attorney will need to seek disclosure from the trust. This can be hard because trust accounts may be located outside of the U.S. Trustees for U.S. trusts will normally send disclosures in response to a request. Offshore trusts might have trustees that fail to respond. When that happens, you might have to file a petition with that country’s court to seek an order for the trustee to provide disclosures.


How are Businesses Handled in Divorces?

Many high net worth divorce cases involve private businesses. When a private company is owned by one of the spouses, multiple complex issues will need to be addressed. The business will need to be properly valued. If the company has assets that are spread around the world, the valuation will be more complex. Often, business valuations will require significant investigations and the work of forensic accountants.

After a business valuation is completed, the divorcing couple will then need to determine how to distribute it in the property division portion of their divorce. One spouse may not be willing to give up his or her interest in the company. The spouse that wishes to keep control of the company might need to give a larger portion of the other assets to his or her spouse to retain control of the business.


How is Real Estate Handled in a High Net Worth Divorce?

While a regular divorce might involve dividing the marital home, high net worth divorces may involve real estate holdings beyond the home. Wealthy couples might have rental properties, commercial properties, and vacation homes. An appraisal of each of the various properties that are owned will need to be completed to understand what their fair market values are.

Some of the real estate properties might be the separate property that one spouse brought into the marriage. Other properties might be community property. Finally, some separate real estate might become community property if marital funds were used to make improvements. All of these issues will need to be addressed to ensure a fair division of the property.


Types of Complex Valuations in a Divorce

There are multiple types of complex valuations that might be necessary for a high net worth divorce. Some of the types of valuations that might need to be completed include the following:

  • Retirement accounts
  • Investment accounts
  • Stocks and bonds
  • Jewelry
  • Art collections
  • Intellectual property
  • Real estate
  • Businesses
  • Yachts
  • Other valuable assets

Different experts might have to value the assets from within their fields and submit written appraisals. In some cases, each spouse will hire his or her experts to testify about how they arrived at their valuations.


Spousal Maintenance in High Net Worth Divorces

Under A.R.S. § 25-530, spousal maintenance is a type of support that may be ordered by the court in cases in which the divorcing spouses have a large income disparity. Spousal maintenance is in addition to any child support that might be ordered, and it is frequently at issue in high net worth divorces. However, some cases involve prenuptial agreements through which the lower-earning spouse may have waived his or her rights to spousal maintenance.

In those types of cases, the lower-earning spouses might challenge the prenuptial agreements’ validity and claim that he or she signed under duress. A lower-earning spouse might also claim that the wealthy spouse failed to disclose all of his or her assets, meaning that the lower-earning spouse could not understand the rights that he or she was waiving.


Managing tax implications involved with asset division

Many tax implications might be involved in high net worth divorces. Both spouses will need to consider credits and deductions that might be lost after divorcing. Spouses who will have to pay spousal maintenance are not able to deduct the payments on their taxes any longer, and spouses who receive spousal maintenance are required to report the payments as income on their tax returns.

Transferring certain assets in divorces can trigger tax consequences. Some of the illiquid assets that might involve tax issues include the following:

  • Brokerage account funds
  • 403(b) accounts
  • 401(k) accounts
  • IRAs
  • Stock options
  • Annuities
  • Thrift savings plans

To prevent tax consequences when transferring some of these illiquid assets, a qualified domestic relations order may need to be prepared. This might help people to avoid penalties and taxes on what is transferred.


Concealment of Assets During a Divorce

Unfortunately, some spouses try to conceal or hide assets to prevent their spouses from getting their rightful share in divorces. They might try to transfer assets to family members or friends, hide them, or spoliate the assets. Others simply do not disclose all of their assets. For example, they might have accounts that are not disclosed and transfer funds from disclosed accounts to make it appear as if they have less. They might also move assets to offshore locations or place community assets in trusts.

Whenever a spouse believes that the other spouse is concealing or hiding assets, he or she will need to get help from an experienced attorney. A lawyer might work with a forensic accountant to find assets that have been spoliated, hidden, or concealed. If it is not possible to determine the extent of the person’s actions, the court can draw an adverse inference against the spouse who has engaged in this type of behavior.


Schill Law Group Experienced High Net Worth Attorneys

If you have accumulated substantial assets during your marriage and want to get divorced, getting help from an experienced high net worth divorce lawyer at The Schill Law Group is important. Our experienced property division and divorce lawyers understand how to handle the complex issues that are frequently involved in these types of divorces.

Contact us today to schedule a consultation by calling us at 480.525.8900.

 

The Reality of Underage Drinking

The Reality of Underage Drinking

Defending the People of Arizona

With more than 100 Years of combined experience

The Reality of Underage Drinking

Any person under the age of 21 in the United States who consumes alcohol is drinking underage, and the current underage drinking statistics are alarming. Research shows 7.1 million Americans aged 12 to 20 admit to drinking. This is concerning because kids who drink before they turn 15 are 6.5 times more likely to experience an alcohol disorder in their lifetime.

There are legal consequences that come with underage drinking if you get caught, including fines, community service, and even jail or probation. We’ll outline more about all of this below.

Defining Underage Drinking

In many parts of the world, it’s legal to drink at age 16 or 18. However, the United States has stricter laws. These laws are put into place to discourage alcohol use for anyone under 21. Anyone under 21 isn’t allowed to:

  • Buy or attempt to buy alcoholic beverages
  • Consume alcohol
  • Drive with even a trace amount of BAC (blood alcohol content); each state differs on the specifics
  • Misrepresent their age or possess a fake ID
  • Possess alcohol
underage drinking

Adolescents and Binge Drinking

Binge drinking is a popular way for many underage drinkers to consume alcohol. Binge drinking is where you drink a large volume of alcohol in a short time. For males, binge drinking is consuming five or more alcoholic beverages in under two hours. For females, it’s drinking four alcoholic beverages or more in the same time frame.

Binge drinking is extraordinarily risky for anyone that engages in it, especially underage drinkers. It can lead to an alcohol overdose or alcohol poisoning. This is a potentially life-threatening medical emergency. Additionally, excessive binge drinking can take a toll on a person’s relationships, work, school performance, professional goals, and personal life.

Defining a Drink

What classifies as a drink? In the United States, a drink is a beverage that has round 14 grams of pure alcohol. This is equal to:

  • 1.5 ounces of distilled spirits with a 40% alcohol content
  • 5 ounces of wine with a 12% alcohol content
  • 12 ounces of beer with a 5% alcohol content

If you look at any alcoholic beverage, you’ll see the beverage’s “pure” alcohol content by looking at the alcohol by volume (alc/vol) on the container. This amount will vary by brand and beverage type. For standard drink sizes, these measurements are fairly accurate.

However, all served drinks don’t necessarily fall into these standard sizes so it can be difficult to keep track of how much alcohol you’re consuming. An overpoured glass of wine, a large glass of beer, or a mixed drink with a generous amount of liquor could have a much higher alcohol content than the drinker realizes. As many adolescents drink at parties from large containers, they can easily have two or three times the amount that you’d normally find in a standard serving in one cup.

Underage Drinking Signs

Usually, friends, teachers, or family members are among the first to recognize that someone is drinking when underage. Each person can exhibit different signs, and the severity levels can fluctuate. Some signs are easier to identify than others, but you should take all of them seriously when you notice them.

If you notice the signs of underage drinking, don’t wait for the problem to get worse. The more a teenager drinks, the more potential for both physical and psychological harm. Also, there’s more of a risk for long-term problems

These are some of the more common signs of underage drinking:

Academic or Behavioral Problem Development

When someone starts drinking at a young age, they may develop sudden behavioral changes. Mood changes are very common including anger, general aggressiveness, or defensiveness. Sudden mood swings such as going from happy and laughing to angry and upset are good indicators of drinking as well.

Academic issues usually follow. Disrupting class, skipping school, not doing homework, or failing in areas where they once excelled are signs there is a problem. This is easy to spot if your child did very well in school before, but it’s more difficult if your child was already struggling.

Appears to Be Under the Influence

Most alcoholic beverages have a strong and distinct scent. It can seep right through someone’s pores in their skin, or you can smell it on their breath. The more severe the problem is, the stronger the smell.

Because the child doesn’t want anyone to know that they drink, they could try to cover this smell by eating mints or applying large amounts of perfume or body spray. Along with the smell, other common indicators that someone is under the influence of something include slurred speech, bloodshot eyes, difficulty coordinating, and a flushed complexion. These are the biggest red flags to watch for when you think someone is drinking.

Concentration Issues or Memory Loss

When someone binge drinks, memory loss is a common side effect. However, having memory issues doesn’t just happen to people who are long-term alcoholics. Adolescents are particularly vulnerable to memory issues because their brain isn’t done developing.

The inability to focus and concentrate is another problem drinking can trigger. When someone drinks, it’s usually fairly easy to distract them. Focusing on a single thing for too long is also next to impossible. This sign is much more noticeable if your child is doing chores in the house or attempting to finish their school work.

Hobby and Activity Interest Loss

It’s not uncommon for many children in middle and high school to develop hobbies they’re passionate about or to participate in extracurricular activities. Drinking can make them less interested and engaged in their activity or hobby.

Instead of focusing on the things that fulfilled them and brought them joy, their focus on getting alcohol. Cravings for it can play a role here. The more severe the drinking problem is, the more intense the cravings will be. If it becomes bad enough, your child can get to the point where they can focus on little else other than finding alcohol and drinking.

Secretive and Switching Groups of Friends

While many teenagers are secretive to a point, if your child stops telling you things or becomes more secretive than they normally are, this is a red flag. Instead of telling you specifics of what they did during the day or where they’re going, they may be very vague and general. When you push a conversation, they’ll tend to get defensive or lash out.

When a person’s circle of friends changes, this could be a sign of alcohol abuse. Many underage drinkers prefer to hang around people who push them to drink more and encourage the habit. Secrecy can come in here too, and your child may work to make sure you never meet these new friends.

Reasons Why Adolescents Drink

As your child starts to make the shift from adolescence to being a young adult, they go through dramatic emotional, physical, and lifestyle shifts. Increasing independence and puberty could have ties to underage drinking. Other reasons why adolescents drink include:

  • Expectancies – Popular culture often glorifies drinking. From music that talks about having fun with alcohol and partying, to movies that show people drinking, kids can grow up with the impression that alcohol is a normal part of life, and can even be something that makes them “cool.” Someone who tries alcohol and expects it to be pleasurable might drink more than someone who doesn’t have that expectation.
  • Self-Medication – When someone can’t find a healthy outlet to get their unhappiness or frustrations out, they may turn to alcohol. It could make them temporarily forget about their problems or how they feel. Some see it as a release, or it helps them feel happy. Alcohol has relaxing effects so some adolescents use it to cope with their everyday anxiety or stress.
  • Boredom – When adolescents have trouble finding things to occupy them or get bored, they start searching for something to give them a thrill. Alcohol gives them something to occupy their time. Drinking is also a way to bond with like-minded people who encourage them to drink more.
  • Instant Gratification – Most people want results, and they want them right now. This is instant gratification. Alcohol works very quickly, especially if someone binge drinks. The initial effects of the alcohol usually feel very good, and kids see it as a shortcut to relaxing and being happy.
  • Lack of Self-Esteem or Confidence – If someone lacks confidence or self-esteem, alcohol gives them the courage they need to do things they’d never do while sober. You’ll dance even if you’re terrible at it, socialize even if you have anxiety, or kiss that person you’d never have the courage to kiss. If you say or do something outrageous, alcohol is almost a free pass. People will brush it off because there’s alcohol involved.
  • Rebellion – At some point or another, almost every teenager or young adult rebels. It’s a way to flaunt their independence, and it gets a rise out of their parents. Alcohol seems like a perfect way to rebel. It’s relatively easy to hide, especially if your kid never did anything wrong before.
  • Peer Pressure – Peer pressure is enormous in middle and high school. In order to feel accepted, many adolescents do things they would never normally do. If drinking is “cool,” they’ll do it because their friends are doing it. Also, groups of friends tend to encourage one another to drink more or start drinking. They don’t want to get left out, so they do.

Underage Drinking Health Risks

Whatever reason kick starts a drinking habit, there are a number of health risks that can soon follow. Although severe health problems may not be as common in adolescent drinkers as they are with adults, there are risks. They include:

Brain

An adolescent’s brain continues to develop until they’re out of their late teens or into their early 20s. Drinking can lead to subtle changes in the brain that can have a long-term impact on memory and cognitive ability. For example, your child could have problems concentrating or focusing, and this gets much worse when they drink more.

Growth

When a child goes through puberty, they experience huge shifts in their hormones, including sex hormone increases. These hormones encourage the body to produce growth factors and other hormones that regulate various systems. These hormones are also essential for normal organ development. Drinking during this time can upset the natural progression of growth hormone production, and this can impact your child’s bone, muscle, and organ development.

Liver

Liver damage and elevated liver enzymes are common in people who drink. If your child is obese or overweight, their liver enzyme levels can go up with only a moderate amount of alcohol. Binge drinking can send these enzyme levels skyrocketing. In turn, this interferes with how well the liver works to rid the body of toxins and waste.

Underage Drinking Consequences

Drinking while underage can come with dozens of short-term and long-term consequences. Unfortunately, most young people live in the here and now, and it never crosses their minds to worry about their drinking pattern consequences until it’s far too late. To make it worse, some consequences may go dormant for years before they resurface. Any underage drinker is likely to experience at least one of the following:

  • Abuse of other substances
  • Health concerns
  • High risk of suicide attempts
  • Legal trouble – DUI, arrest, fines, community service, license loss or suspension
  • Physical or sexual assault
  • Problems in school
  • Sexually transmitted diseases
  • Social issues
  • Unwanted or unplanned pregnancy

There are more long-term effects associated with underage drinking. The severity of the long-term effects usually depends on how much the adolescent drank and for how long. It can lead to respiratory infections, nerve damage, memory issues, liver disease or failure, cancer, and cardiovascular disease.

To make it worse, a lot of these conditions don’t get better with time. Instead, they start to get worse. When a major organ or system in your body starts to fail, it can ripple out into other areas of your health.

Contact Schill Law Group for More Underage Drinking Statistics Today

Do you want to know more about underage drinking? Maybe your child is drinking alcoholic beverages and you need help with legal issues because of it. If so, we can help. You can get in touch today to set up your consultation.

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Everything You Need to Know About Vehicular Manslaughter

Everything You Need to Know About Vehicular Manslaughter

What is vehicular manslaughter? Hopefully, something you’ll never have to experience for yourself. The number of deaths per year on American roads now stands at over 40,000, so it is important to understand the legal implications of a traffic collision.

Defining Vehicular Manslaughter

Any driver who unintentionally causes an accident that results in the death of a pedestrian, passenger, or someone in another car, could find themselves charged with vehicular manslaughter. This is also known as vehicular homicide. These charges are often brought when the driver was operating their vehicle recklessly, carelessly, under the influence of alcohol or drugs, or in an otherwise illegal manner. Each state has its own specific definition of vehicular manslaughter. This charge is a relatively new addition to the category of homicide offenses. Before vehicular manslaughter existed, drivers could receive a standard manslaughter charge, i.e. the charge of unintentionally killing someone as a result of recklessness or negligence. Juries had a hard time deciding on a manslaughter charge in the case of a car accident. The introduction of the vehicular manslaughter category helped to address this by offering lesser penalties than the manslaughter charge.
drinking and driving

Conditions Leading to Manslaughter Charges

What kind of driving will typically result in a vehicular manslaughter charge? The answer to this question varies from state to state. However, the following situations will usually carry a vehicular manslaughter charge.

Driving While Intoxicated

Proving that a driver was under the influence of drugs or alcohol at the time of the accident is one way to demonstrate reckless driving. Self-incriminating statements, eyewitness testimony, and chemical evidence like breath, blood, or urine tests can prove intoxication. Many states require prosecutors to show that the driving was actively careless, and proof of intoxication alone might not be enough to convict. Drivers who have blood alcohol levels of 0.08 or higher are driving under the influence. Some states have different standards for different driver classes, for example commercial vehicles or young drivers. Drivers under the influence of prescribed drugs could also receive a vehicular manslaughter charge if their driving causes a death. For example, if a driver takes medication and drives after their doctor warns them about the side effects, and the medication container has obvious and clear warnings not to drive while taking it. This may be enough to show that the driver acted negligently or recklessly.

Driving While Tired

Many accidents happen when a driver is very drowsy, or when they’ve fallen asleep. When someone dies as a result of this, the driver will not automatically face charges of vehicular manslaughter. The question is whether or not the driver in question acted recklessly or negligently while behind the wheel. For example, charging someone with manslaughter may be appropriate when someone stays up for 36 hours straight and then decides to drive. resulting in a fatal accident. The driver is aware of their reduced capacity, and still opts to get behind the wheel.

Negligent Driving

Negligent or careless driving resulting in death is usually enough to result in a vehicular manslaughter charge. Traditional negligent driving involves driving in a way that lacks the care and consideration usually considered a minimum standard on the road. For example, a driver who reaches into the car’s console and removes their eyes from the road while they drive will be considered negligent. They may receive a vehicular manslaughter charge if this inattention results in fatal accident.

Reckless Disregard for Safety, Criminal Negligence, or Culpable or Gross Negligence

In some states, drivers must be found guilty of other crimes along with negligence before they are considered for a vehicular homicide charge. This where factors such as gross, criminal, or culpable negligence, and reckless disregard for public safety, are factored into the process. How does this work in practice? Well, if you broke the speed limit, had a higher than legal blood alcohol level, and you didn’t stop at a traffic signal, these elements would be added together cumulatively, resulting in a far greater penalty than that of standard negligent or careless driving.

Violating Safety Statutes

You can also receive vehicular manslaughter charges when an accident happens after you break a safety statute. Many states require that you have a clear windshield when driving, for example. If someone dies because you can’t see through your windshield, the state could charge you with vehicular manslaughter. Passing another vehicle in a no-passing zone, driving faster than the passing speed limit, and making illegal U-turns, are other examples of violations. Different states also single out specific violations that may not necessarily be safety violations. If someone dies as a result of this, your state could charge you with vehicular manslaughter. In Iowa, for example, any driver who chooses to pass a stopped school bus and causes an accident resulting in death automatically commits a felony. Deaths as a result of other types of reckless driving, that don’t involve driving under the influence, are misdemeanors. Some other states consider causing a death while eluding police to be a felony.

Punishments for the Other Driver

It’s common for both drivers to be charged following a car accident. Maybe both cars were driving too fast, for example, and therefore both drivers are in the wrong. Damages and blame can be sorted out in a civil court, and blame is usually assigned using the contributory negligence theory. I.e. whichever driver the judge finds more responsible for the accident will collect less in damages, or will pay more in compensation. It’s rare for contributory negligence to play a part in a vehicular manslaughter case. Let’s imagine that a road traffic collision victim has a blood alcohol level above the legal limit, but the defendant was street racing on the wrong side of the road at the time. In this case, the judge might not allow the jury to hear about the victim’s blood alcohol content.
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Can a Court Charge a Non-Driver with Vehicular Manslaughter?

In the vast majority of vehicular manslaughter charges, the defendant is the one who was allegedly driving. In some cases, however, the prosecutor can try to charge a person with vehicular manslaughter even though there is a dispute whether or not the defendant was driving. One case of this nature received national attention because the defendant wasn’t actually the driver of the vehicle. The person was a pedestrian, Raquel Nelson, who received a charge of second-degree vehicular homicide after her four-year-old son was struck and killed as they prepared to cross a highway in Georgia in 2010. Officials determined that the child’s death was a direct cause of Raquel Nelson’s attempt to cross the highway with her child in unsafe conditions. Along with the second-degree vehicular homicide charge, she also received a pedestrian crossing violation charge. The actual driver of the vehicle that struck the child was charged with first-degree vehicular homicide, after it was determined that they were driving under the influence of alcohol at the time of the accident. The state of Georgia classifies second-degree vehicular homicide as a misdemeanor. The definition of this charge is “to cause an unintentional death by violating any state traffic law”. This excludes traffic laws pertaining to reckless driving, DWI, DUI, driver duties involved in an accident that results in a serious injury or death, driver duties when approaching a stopped school bus, or eluding a police officer. The traffic law violation must be considered the legal cause of death. In Raquel Nelson’s case, her charge came based on the traffic law that states a pedestrian must yield to oncoming traffic if not at a crosswalk. The exception is when a pedestrian, under safe circumstances, has already started crossing the roadway. She violated this provision by stepping onto the highway with her children when conditions weren’t safe. This resulted in her child’s death. She pleaded not guilty to the charges, and the case went to trial. A judge found her guilty on both charges. She received 12 months of probation and 40 hours of community service. The judge also granted Nelson the choice of having a new trial or serving her sentence. She chose to have a new trial, but she then filed a motion to block the retrial. She argued that there was insufficient evidence to support the conviction at the first trial and a retrial would fall under double jeopardy. The judge denied this motion, and Raquel Nelson appealed to Georgia’s Court of Appeals. The Court of Appeals stated that Raquel Nelson’s case was the first in Georgia’s history in which a pedestrian received a second-degree vehicular homicide charge after a victim in their charge was killed attempting to cross a road in an unsafe way. The Court found that the Georgia courts had previously ruled that any non-driver could receive such a charge as a party to a traffic violation. They cited a 2003 Georgia Court of Appeals case when the Court upheld a conviction of first-degree vehicular homicide in the case of a defendant who gave alcohol to a teenage driver. The teenager then crashed the car and killed two passengers. The Court of Appeals ruled that there was sufficient evidence to support the conviction even though Raquel wasn’t driving a vehicle. So, having a retrial was did not fall under double jeopardy. Facing a second trial with the same charges, she chose a no-contest plea to the jaywalking offense and agreed to pay a $200 fine if the court dismissed the pedestrian crossing and vehicular homicide charges.

Sentencing and Penalties

Several states operate different degrees of vehicular manslaughter when sentencing. Certain states authorize bigger punishments for convictions of drivers under the influence, for example. In Georgia, any driver who causes a death while they’re intoxicated can receive a charge of first-degree vehicular homicide. This is a felony that can bring a sentence of 15 years in prison. A driver who commits a moving traffic offense and causes a death is guilty of committing second-degree vehicular homicide. This carries a maximum sentence of a year in jail, and is classed as a misdemeanor. Vehicular manslaughter penalties vary from state to state. In Alabama, a person who gets a vehicular manslaughter conviction based after driving under the influence can be sentenced to a maximum of five years in prison. On the other hand, a person in Minnesota who commits the same offense can get up to 30 years of prison time.

Vehicular Manslaughter – Possible Defenses

There are several common defense strategies for vehicular manslaughter cases. One strategy is lobbying for the exclusion of incriminating evidence. This could be test results that show the person was driving with a blood-alcohol level over the legal limit. An attorney could argue that the court shouldn’t allow evidence like this because law enforcement officers failed to follow procedures, or they obtained the results in a way that is a violation of the person’s rights. A person could also argue that being intoxicated wasn’t the legal cause of a death in an accident, and that the event was outside the defendant’s scope of control. In Washington, a person can be acquitted of vehicular manslaughter if a judge or jury finds out that an outside act caused the person’s death. A person could show evidence that the reckless driving was not due to drugs or alcohol, but due to a medical emergency or condition instead. However, if a person chooses to drive in spite of their known medical condition, they can still receive a vehicular homicide charge if the courts determine that choosing to drive was reckless or negligent.

What To Do If You Have Questions, or If You are Facing Charges?

If you’re facing vehicular manslaughter charges, the first thing to do is get an attorney. An attorney can help you form a plan on how to take your case to court and defend against it. If you need representation, reach out and contact us. Our talented staff members are ready to answer your questions or set up your initial consultation. We’ll help you get the best outcome possible for your situation.

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