(480) 680-7432

Were You Accused of Employee Theft? Here Are the Steps You Should Take

by | Aug 24, 2017 | Criminal Charges, Theft

FALSE ACCUSATIONS OF THEFT

EXPERIENCE ATTORNEYS THAT WILL FIGHT FOR YOU

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.

Were You Accused of Employee Theft? Here Are the Steps You Should Take

If you’ve been accused of theft in at work by your employer and wondering what steps to take, Schill Law Group in Phoenix is here to help. After being accused of theft at work you could be facing two types of consequences: termination and/or criminal prosecution. Obviously, accusations of theft at work are extremely serious and could not only affect your immediate livelihood, but also your employment for years to come. It’s important that you try to remain calm and carefully work to sort out the situations. The steps you will need to take will largely depend on understanding the details of your unique situation. For situations in which you need legal representation, Schill Law Group handles accusations of theft at work in Arizona regularly and will help you navigate this stressful, complicated time.

If you’d like to speak directly with an attorney about your situation, call the Schill Law Group today for a free consultation on your case.

(480) 525-8900

Ask Questions

When being accused of theft, before anything else it is wise to gather as much information about the accusation being made as possible. The more you know, the better equipped you will be to assess the situation, protect yourself, and seek the best legal representation when necessary. Find out precisely what you are being accused of stealing. Determine whether or not you are being fired or if you are being charged with a crime. Will your company be handling an internal investigation where you will be able to share your side of the story with your supervisor or HR personnel, or is the investigation being handed over to the police? What are the next steps? In addition to asking these types of questions, it’s important to remember that no matter how much you may want to proclaim your innocence, it’s often best to keep your words at a minimum so that you don’t accidentally implicate yourself – especially if law enforcement becomes involved. Even if you are falsely accused of theft, it is advisable to limit your statements.

Seek Legal Representation

Once you have a better understanding of what you are being accused of and how the investigation is being handled, it’s time to look for experienced legal representation. Schill Law Group in Arizona has handled numerous cases related to accusations of workplace theft and we can walk you through the process. Partnering with a law firm is a crucial step because it allows you to be cooperative with the investigative process without making the problem worse. Too many employees have made the mistake of trying to “clear the air” or “talk things out” with their employers, only to find that their attempts to remedy the issue have implicated them further or led to more trouble. It’s much wiser to allow a legal professional to speak on your behalf.

Don’t Be Pressured Into Giving Up Your Right To An Attorney

There are many instances when employees are wrongfully accused of workplace theft. You may feel that if you have nothing to hide, you should be able to simply answer questions on your own and that hiring an attorney could actually make you look guilty. This couldn’t be further from the truth. Even innocent people need professional legal representation in order to protect themselves. As mentioned previously, going it alone can actually make your problems worse, so we urge you to present your case to an experienced lawyer.

Remain Calm

You won’t be able to make the situation any better if you get emotional or angry. While a false accusation is understandably frustrating, statements or emails composed in anger are likely to make the situation worse, even when you’ve done nothing wrong. You will only undermine any efforts made to demonstrate that the theft accusations are unfounded.

Know Your Rights

In addition to fighting to clear your name and protect you from legal prosecution, a lawyer will also be able to explain your rights so that you can navigate your way through the investigation process as comfortably as possible. For example, you may have questions about your right to privacy as the investigation is carried out, whether or not you have the right to refuse a lie detector test, or may be curious about whether you have the right to review your HR record. Your attorney will be able to provide answers to these questions so you don’t have to remain in the dark. The Schill Law Group has extensive experience in handling Arizona theft cases and will be able to guide you through your situation, too.

If you or a loved one have been accused of workplace theft, don’t hesitate to seek help from Schill Law Group. Give us a call to set up a free case consultation today.

Your Guide to Petitioning for a Same-Sex Divorce in Arizona

by | Aug 23, 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.

Your Guide to Petitioning for a Same-Sex Divorce in Arizona

Same-sex marriage has been recognized in the state of Arizona for several years now. Unfortunately, divorce is an inescapable possibility in all marriages – including those involving the same sex. The good news is that same-sex couples don’t have to jump through any special hoops in order to dissolve their marriages. In fact, the rights and laws that pertain to dividing property, assets, debt, child support, and custody are the same for same-sex couples as those for heterosexual couples. Even so, same-sex couples may have unique experiences throughout the divorce process and understanding what’s involved with this process can help you know what to expect.

Petitioning for a Same-Sex Divorce in Arizona

The first step in dissolving your same-sex marriage in Arizona should be to seek out legal advice. The experts at Schill Law Group, for example, can help you make smart decisions regarding the best course of action for you, your ex, and your children. From here, you will complete a “Petition for Dissolution of Marriage” to be filed with the court. Filing the paperwork will result in being assigned a case number that you will need to refer to throughout the divorce process. In order to ensure that things get done quickly, efficiently, and correctly, we recommend having all paperwork filed with the court system prepared by a legal professional.

Taking the Next Steps

After the initial petition for a same-sex divorce has been filed, you’ll need to have your spouse legally served with the paperwork and offer proof of this service to the court. This will provide him or her with the opportunity to review your petition, seek legal representation, and file a response. Depending on your mutual debts, assets, and family situation, you may both need to work with mediators and legal counsel in order to come up with an agreement that works for everyone’s best interests.

Child Custody Issues in Same-Sex Divorces

For the most part, petitioning for a same-sex divorce and following through with the various steps for dissolving a marriage in the state of Arizona is identical to the experience of a heterosexual couple. In the case of child custody, however, same-sex couples may encounter some unique challenges or difficulties. In many cases, it is difficult for both parents in a same-sex marriage to have their names listed on their child’s birth certificate. While states like California allow two mothers and two fathers to be named on a certificate of live birth. Arizona law currently only allows one mother and one father to be listed. This can create conflict and confusion when it’s time to reach an agreement concerning which is the “rightful” parent and who gets custody of a child or children. Although the system is not yet perfected, we have recently seen Arizona custody cases where same-sex couples are treated with the same “presumption of paternity” as heterosexual couples. To ensure that you are treated fairly, however, we urge you to work with an experienced divorce attorney.

Other Arizona Family Law Issues in Same-Sex Divorces

One other question that same-sex couples may have when dissolving a marriage involves how the length of the marriage is actually determined. This can be confusing when considering that a couple may have entered into a partnership or civil union in one state, been named domestic partners in another, and finally married in another state. A lawyer can help you determine what constitutes the correct length of your marriage.

Do you need legal assistance with your same-sex divorce in Arizona?  Give us a call to learn more today.

How Do I Establish or Modify My Child Support?

by | Aug 15, 2017 | Custody

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.

How Do I Establish or Modify My Child Support?

Arizona takes a parent’s responsibility to support their child/ren very seriously. The statutes mandate that both parents have a legal obligation to provide financial support for their children, regardless of how involved they are in the child-rearing process. As such, child support orders are typically entered quickly in separation/divorce actions. This responsibility continues until the child emancipates, which is their 18th birthday, or if the child is still in high school, until they graduate or turn 18 years old. Obviously, the amount of support which should be paid will change over time, and a party should make sure that they are being paid/paying the appropriate amount.

The amount of support is determined through a calculation, in accordance with the Arizona Child Support Guidelines. This calculation will include both parties’ level of income, the cost of medical insurance, the child custody arrangement, as well as support for other children, the number of children at issue, costs of day care and costs for special needs items. In most cases, these figures are clear and the calculation is cut and dry. However, often there are issues to be determined or argued regarding some of the amounts used in the calculation. For example, the court could attribute income to a party who is underemployed. This could radically change the amount ultimately ordered. Everyone should discuss these issues with a family law legal profession, such as those at the Schill Law Group, to make sure that the proper amount of support is ordered. .

A child support order will remain in effect until the emancipation of a child, unless someone requests a modification. There are only specific circumstances where a modification would be appropriate. Determining if the facts in your situation support a modification is where legal professionals like Schill Law Group can help.

Legal Grounds for a Child Support Modification

Parents may request a modification or termination of their child support orders “on a showing of changed circumstances that are substantial and continuing” A.R.S. § 25-327. This does not mean that your child has become more expensive, but rather that some of the figures in the calculation have changed and would result in a different figure.

There are some circumstances which will automatically be accepted as a change in circumstances. This includes things such as emancipation of the minor child, birth of another child you provide support for, increase or decrease in the cost of health insurance of the minor child, or the loss of health insurance.

Otherwise, the Court generally believes that a substantial and continuing change is one which results in a greater than 15% change in the obligation. This could be either and increase or decrease. This could result because of a change in the visitation, incomes, cost of the day care, or the like.

There will also be an adjustment to the child support when a child reaches the age of 12, so that should be kept in mine as well. Often times orders will require parties to exchange financial information every year or two, and it is good to get advise/representation on what should be provided and what the new figures mean for the obligation.

Also, keep in mind that if you are obligated to pay support, the reverse of some of these items may cause a reduction in your support. Often as children age, there day care costs reduce or even stop, which usually causes a large change in the obligation.

These are only a few of the most common basis for requesting a modification to child support. Talk to your legal professional for consul on other situations where you may be within your rights to a child support increase.

Arguing Your Case

No matter how “cut and dry” your case may seem to be, you should never count on the fact that you will be granted the increase your child needs on your own. Child support cases are sensitive in nature and it can be difficult to prove the basis which should be utilized.

Timing

As stated, no changes occur until after you file for it. This can result in several months before a matter is heard, and back support, or overpayments may result. In order to give yourself the best chance to win the case for your child, it’s important to seek help from a reputable and experienced civil family law attorney.

Schill Law Group is passionate about ensuring that you and your child’s needs are met – both now and in the future. If you believe you are legally entitled to a modification in child support, we’re here to help. Give us a call to learn more today.

 

Marijuana Laws in Arizona – What You Might Not Know

by | Aug 15, 2017 | 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.

Marijuana Laws in Arizona – What You Might Not Know

Although Arizona residents were close to legalizing marijuana less than a year ago, the ballot lost by a slim margin, maintaining the illegality of marijuana in the state. Many believe that the next vote on the legalization of marijuana will have a different outcome. Until then, smoking, ingesting, or possessing recreational marijuana is still illegal. That’s why it’s important to know all you can about the consequences of marijuana possession.

Misdemeanor or a Felony

When caught with marijuana, it’s possible to be charged with either a misdemeanor or felony, typically depending on the amount found in your possession. Marijuana possession is classified as a class 6 felony, which – by a judge’s discretion – can be designated as a class 1 misdemeanor instead. Felony charges carry much more significant penalties, both in terms of the court system and how you’re affected once the case has been closed, which is why obtaining legal counsel from the onset is so crucial.

Jail Time for First-Time Offenders

Under Prop 200, courts cannot give jail time for first time marijuana personal possession offenders. There are specific exceptions to this, of course, one of which is if the drug offense was tied to a violent offense. In most cases of marijuana possession, however, you’ll likely be cited and released. Some other factors that could enhance your punishment include:
  • Previous criminal record
  • Multiple arrests for possession of illegal substances
  • Arrest made in connection with a driving infraction
  • If cultivation was involved

State vs. Federal Jurisdiction

The news coverage in recent years has highlighted overlapping state and federal laws as they pertain to marijuana possession. Federal law enforcement officials have reiterated their authority to arrest individuals for possession, regardless of a state’s laws. Though federal officials have yet to act on this authority in places where recreational marijuana has been legalized at the state level, there exists important distinctions between being arrested by state or federal officials. The most significant difference, in most cases, is that federal penalties are potentially more severe. If you are arrested by federal law enforcement, the agency is likely pursuing additional charges, ranging from drug trafficking and grow operations, to violent activities or unlawful possession of firearms. This is why it is essential that you hire an effective criminal attorney, like those at the Schill Law Group, to protect your legal rights.

Mandatory Penalties for Personal Possession

Marijuana possession carries with it a mandatory fine that is calculated at either a base rate or by the value of the drug, plus a surcharge. In addition to the monetary fine, you may also be required to perform community service, complete drug awareness classes, or be placed on probation. Many people who have been arrested for possession seek out a plea deal without even consulting an attorney aside from a public defender, which often means that these penalties are not explained clearly, and may not be in your best interest. Even these lesser mandatory penalties can disrupt a person’s life for months, or possibly even years.

Loss of Federal Financial Aid and Employment

A marijuana possession conviction could lead you to lose eligibility for federal financial aid, as well as damage your reputation when trying to find employment. It could also exclude you from some jobs that require fingerprint clearance. Just as we discussed above, these types of secondary penalties are not typically explained to the arrested individual by law enforcement, which is yet another reason why proper counsel must be obtained if you hope to lessen your punishment for years to come.

Have you recently been arrested for marijuana possession? Are you looking for more information on this subject or other criminal issues? Reach out to the attorneys at Schill Law Group and we’ll provide a free case review.

5 Mistakes to Avoid When Negotiating Child Custody

by | Aug 6, 2017 | Custody, 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.

5 Mistakes to Avoid When Negotiating Child Custody

No matter how smoothly a divorce seems to go, the subject of child custody is almost always a harrowing one. Even spouses who are splitting amicably and get along every step of the way can butt heads when it comes to their children and how things will be handled concerning them for the foreseeable future. Parents who do not get along will have an even rougher time. The attorneys at Schill Law Group would hate to see things go badly, so we’ve compiled five mistakes that you should avoid when negotiating child custody.

Losing Your Temper

Working through a child custody battle can quickly get tempers to flare. Both parents love their children and want to spend as much time with them as they possibly can after a divorce has been finalized. This often means that emotions are right on the surface, just waiting to come out. However, this is when you must remain calm at all costs. Losing your temper can cause you to be viewed negatively as a parent, which can affect the outcome of the custody negotiations.

Putting Your Interests Above Those of the Child

Courts want to see that you care about your child above all else – and that includes you and your own interests. Every decision that you make should be in the best interest of the child. Many parents, for example, want to move away from the area in which they currently reside in order to “start fresh.” But uprooting your children can cause undue stress on your kids, so the proper strategy might be to stay in the same area following the divorce. The attorneys at Schill Law Group can help you with these types of decisions and how they will be viewed by the court.

Being Absent From Your Child’s Needs

We know you’re busy. We know you work hard. And we know that you love your children more than anything. Unfortunately, when you have a habit of inconsistencies or are constantly rescheduling appointments or meet-ups with your child, this sends a negative message and will hurt you during custody negotiations.

Refusing to Work with Your Former Spouse

This is not the time to be difficult and hard to work with. Courts will pick up on a spouse who is gritting their teeth through every part of the negotiation process and you could lose your foothold in your case very quickly. We suggest that you put the interest of the child above all else and prove to the court that you can work with your former spouse to care for your child in a positive and constructive way. After all, negativity helps no one and hurts everyone.

Flaunting a New Relationship

Regardless of what stage your divorce is in, there’s a good chance that you’ll want to move on sooner or later. However, the court can view flaunting a new relationship negatively, especially if it seems to take up too much of your time – time that you could be spending with your child. Plus, it could infuriate a scorned spouse and make him or her more unyielding on certain issues.

Are you planning a divorce and need someone on your side? Do you have questions related to divorce, child custody, or similar issues? Call the Schill Law Group to discuss your situation and the best way to move forward.

 

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