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5 Things to Do If You’re Accused of Shoplifting

Defending the People of Arizona

With more than 100 Years of combined experience

5 Things to Do If You’re Accused of Shoplifting

At Schill Law Group, we want you to understand the importance of knowing your rights. If you do find yourself in a situation where you’ve been accused of shoplifting, it is imperative that you are aware of what your rights are and what you should immediately do after being caught. This could save you a lot of hassle down the road.

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1: Shopkeepers Privilege

If a store employee has reason to think that you are shoplifting, they can detain you for questioning and to call the authorities. This ‘Shopkeepers Privilege’ says that they are allowed to detain you in a reasonable manner and time frame. If the store employee violates the conditions of this privilege, they can be held liable.

2: Mistakes Happen

It may be a situation where a store employee mistakenly accuses you of shoplifting, or where you simply forgot to pay for something on the bottom of your shopping cart. In those instances, calmly try to communicate the mistake and if necessary pay for the item you honestly forgot. If that doesn’t resolve the issue, follow the other items outlined below.

3: Remain Calm and Silent

Although Shopkeepers Privilege states that the store must have reasonable grounds to detain you, most store policies state that you must have been observed concealing an item or otherwise committing the act of shoplifting (such as switching prices between products) in order to be approached and/or accused. Typically, the person who observed you must have seen you pick up the item in the first place so that you can’t claim to have walked in the store with it already in your possession. Because of this, it is likely in your best interest to state your name and little else if you’re confronted for shoplifting.

4: Do Not Consent to a Search

If you have, in fact, stolen an item from the store, then you already know what the outcome of a search will be. This is exactly why consenting to a search will quickly turn into an admission of guilt. While it’s true that a store may let you go once they have their item back, this is a risky venture that may not pan out the way you would hope. The store personnel may even try to extend a search to your cell phone or your vehicle. Don’t consent to any search by a store employee or you could be incriminating yourself.

5: Request an Attorney

Always remember that an arrest is not necessary in order for you to request an attorney. At any point when being accused you can contact an attorney to advise you of your rights and how to navigate the charges to get the best possible outcome.

Have you been accused of shoplifting or any other crime? Schill Law Group can help protect your rights to make sure that you get treated fairly by the legal system. Give us a call today for a free case review.

Legal Separation vs Divorce

Defending the People of Arizona

With more than 100 Years of combined experience

Legal Separation vs Divorce

One of the most common questions couples have when starting the divorce process is whether they should establish a legal separation prior to getting a divorce. The usefulness of a legal separation is generally quite limited, except in specific situations, so the answer is typically “no.”

Legal Separation vs Divorce

On the surface, a legal separation looks very similar to a divorce. Property is divided up and marital property ceases to exist. Arrangements for custody and child support are also made in cases where minor children are involved. Even so, a legally separated couple is still legally married. Unlike a divorce, both parties must agree to a legal separation before it can be granted. If either spouse wants a divorce instead of a legal separation, the court will rule in favor of the case being converted to a divorce. Should the couple decide to permanently end the marriage by pursuing a divorce after establishing a legal separation, they will be required to go through the divorce process from start to finish, thus taking up more time and further expenses for both parties. Consequently, it is generally advised that you pursue a divorce in favor of a legal separation. The Schill Law Group can provide legal advice to help you make an informed decision.

Reasons for a Legal Separation

Here are a few situations when a legal separation may be the right course of action: To Meet Domicile Requirements In order to get divorced in Arizona, at least one of the spouses is required to have been domiciled in the state for a minimum of 90 days. Legal separations do not have this same requirement. If you are eager to obtain certain protections, it may be wise to file for a legal separation, and then have the case converted to divorce after the 90-day waiting period has ended. To Honor Religious Beliefs Some religious beliefs strongly oppose divorce. Devout followers may opt for a legal separation instead of a divorce in order to adhere to their beliefs. To Stay on a Spouse’s Medical Insurance In cases where ex-spouses are still on good terms, they may want to allow the other party to remain attached to their medical insurance. In order to do so, the spouses will need to remain legally married so a legal separation is ideal. Hope of Reconciliation Finally, some spouses may come to the conclusion that they need a long-term separation but hope to reconcile, which creates the need for property and custodial arrangements found in a legal separation.

Which is right for you: a legal separation or a divorce? The attorneys at Schill Law Group can help you make the best decision. Give us a call for a free case evaluation today.

What To Do When Confronted for Marijuana

Defending the People of Arizona

With more than 100 Years of combined experience

What To Do When Confronted for Marijuana

Although the legalization of marijuana is expanding across the country, Arizona is still a state where it is illegal.  About half of all drug arrests are related to marijuana, and 88% of those arrests are for simple possession.  While the best way to avoid trouble with the law is to not carry illegal substances on your person, there are still a few things you can do to protect yourself in the event you’re confronted by law enforcement and have marijuana in your possession.

Know Your Rights to a Bodily Search 

Without reasonable suspicion that you’re carrying drugs, a police officer isn’t supposed to search your person without your consent. He or she may “ask” you to turn out your pockets, but unless they have a search warrant, have spotted paraphernalia or drug residue on your property (including inside of your vehicle), or have felt something hard during a pat down, you have the right to refuse. If the officer tells you that he or she has a warrant, you can ask to see it. If no warrant is presented, you might consider telling the officer that you do not consent to the search and request to speak to a lawyer.

Know Your Rights to a Vehicle Search 

Just as in the case of a bodily search, a police officer cannot legally search your vehicle unless he or she has a warrant, reasonable suspicion (including the presence of drug paraphernalia), or your consent to conduct the search. The officer may order you to get out of your vehicle, and you should comply with this demand. Unless something is found on your person during a legal body search, a warrant is present, or the officer has a reason to suspect that you are in possession of illegal substances, he or she cannot legally search your property. You might consider telling the officer that while you have nothing to hide, you do not consent to a search, and then ask the officer if you’re free to go. If there are no grounds to hold you and conduct a search, the officer will usually let you go. You can also request to speak with a lawyer regarding your rights at any point.

Remain Silent 

By remaining silent you reduce the chance of incriminating yourself or offering “reasonable suspicion” by saying too much. The more you talk, the more prone you are to nervousness, stuttering, stammering, or stumbling over your words. This can lead an officer to believe that you are under the influence or that you have something to hide. It’s best to keep your responses to a police officer to a minimum, simply asking whether or not you are being detained or are free to go.

Being calm and knowing your rights when confronted by a police officer for marijuana can go a long way in keeping you out of trouble with the law. In the event that you do find yourself under arrest for marijuana possession, the Schill Law Group can help. Contact us for a free case evaluation today.

A Quick Review of Arizona’s Custody Arrangements

Defending the People of Arizona

With more than 100 Years of combined experience

A Quick Review of Arizona’s Custody Arrangements

Getting a divorce is always difficult, but things become even more complex when minor children are involved. Making decisions about child custody is often the most emotional and challenging aspects of the separation. Both parents love their children, and each will have their own unique opinion about what types of custody and visitation arrangements are in their kids’ best interests. Having an understanding of your options and what goes into making a final custody determination can help you make the best and most educated decision for your children.

Types of Child Custody Arrangements in Arizona

Sole Physical Custody

Here, only one parent maintains physical custody of the child or children. This means that any minor children will reside strictly with the parent maintaining sole physical custody, and that the custodial parent is 100% responsible for providing supervision. The other parent may still be granted visitation; however, the court must review and approve the plan for such visitation.

Joint Physical Custody

In this type of custodial arrangement, both parents will be legally entitled to significant time periods of physical custody. For example, the child or children may move between his or her parents’ homes every other week, or a similar arrangement may be made. This allows both parents to enjoy a higher degree of continuing contact with their children, and will enable them to maintain a more active role in supervising and child-rearing.

Sole Legal Decision Making

Legal decision making differs from physical custody in that it goes beyond physical living arrangements and supervision, and involves comprehensive decision-making with regards to a child’s health, education, and overall welfare. In situations where sole legal decision making is given, only one parent is granted this level of decision-making power. The other parent will still be able to retain his or her visitation rights, regardless of who is granted sole legal decision making.

Joint Legal Decision Making

Although sole legal decision making is the most commonly granted custody arrangement in Arizona divorces, the court system much prefers the idea of an arrangement with joint legal decision making of all minor children. In this type of arrangement, both parents equally share the right and responsibility to make important decisions about their children’s health, education, and welfare. In order to achieve joint legal decision making, a workable “parenting plan” must be submitted to the court and both parties must be willing and able to cooperate with one another. Because both parents need to come to an agreement concerning the custody of their minor children, the assistance of an objective third party, such as an attorney or a mediator, may be needed in order to reach a fair and reasonable decision. In the event that both parents are unable to come to an agreement, the court will make the final decision. Arizona judges are required to review the facts and make determinations based on factors including the child’s past, present, and future relationships between each parent; the types of adjustments a child may need to make regarding home, school, and community; the mental health of the child and each parent; any history of violence or abuse from either parent; as well as a number of other items.

Whenever the court becomes actively involved in the process of making a decision about child custody, it’s important to have a skilled attorney on your side. The professionals at Schill Law Group are here to help. Give us a call to learn more today and to discuss your case.

Can I Refuse a Breathalyzer Test in Arizona?

Defending the People of Arizona

With more than 100 Years of combined experience

Can I Refuse a Breathalyzer Test in Arizona?

You’ve just pulled out of the parking lot after enjoying a happy hour cocktail with your co-workers when you see the flash of red and white lights in your rear-view mirror. As your heart sinks, you stop your car on the shoulder, watch as the police officer approaches your window, and hear those few simple words:

“Have you had anything to drink tonight?”

What do you do? If you’re like many other Arizona drivers, you may feel a bit unclear about what your legal rights are in this situation. Should you answer the police officer’s questions? What should you do if the officer asks you to consent to a breathalyzer or field sobriety test?

First Things First

Prior to requesting a field sobriety test or breathalyzer, a police officer will likely ask you if you’ve had anything to drink and may ask about the quantity of alcohol that you might have consumed. At this point, the officer is attempting to gather evidence against you. Answering in the affirmative – regardless of how much you’ve had to drink or how long ago you finished your drink – is immediately incriminating. It is important to remember that you have the right to remain silent. At this point, it’s typically best to ask the officer whether or not you are being detained and to let him or her know that you would like to contact an attorney. In fact, what many drivers don’t realize is that you are entitled to an attorney at absolutely any point while conversing with an officer, even before you are arrested or detained.

The Breathalyzer Test

If the officer suspects that you are under the influence of alcohol, he or she may ask you to submit to a breathalyzer test. Refusal to comply with the breathalyzer test will complicate things for you, so it is always best to ask to have an attorney present so that you can be advised of your legal rights accordingly. The Schill Law Group has a great deal of experience in this area and our job is to protect our clients from unintentionally making a bad situation much worse.

Understanding “Implied Consent”

Arizona’s “Implied Consent” law states that if an individual has been pulled over and arrested for a DUI, then he or she is presumed to have offered their consent (implicitly) for chemical testing, such as a breathalyzer test. Those who refuse to comply with this law will automatically have their driver’s license revoked for a minimum of one year. Yes, you do have 15 days to request a hearing on the suspension, but this is absolutely not something you should rely on. Refusal to consent to a breathalyzer or other chemical test after an arrest is made could result in the officer obtaining a search warrant, allowing him or her to require you to provide a blood sample.

Consulting with an Attorney

You can legally request the presence of an attorney at any time after being pulled over for a suspected DUI. You may seek counsel even before submitting to a breathalyzer test and we would recommend that you exercise this right whenever you feel that it is prudent in the given situation. Consulting with an attorney before incriminating yourself can save you from compounding an already difficult situation, not to mention potential legal costs and severe punishment.

Were you pulled over for a DUI in Arizona? Schill Law Group can help. Give us a call to set up a free case evaluation today.

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