by John Schill | Nov 6, 2017 | Blog, Child custody, Parenting, Supervised Visitation, Visitation
In cases involving child custody and visitation, the Arizona court system always has the best interests of the child or children in mind. A judge will not take the decision to order supervised visitation lightly, and a number of factors must be considered prior to making such a ruling. As such, you need a qualified attorney working on your behalf in order to present all of the facts and pertinent case information to the court. Today’s post will take an in-depth look at when supervised visitation is the best option, and how to go about arguing your case for supervised visits.
Is Supervised Visitation Right for My Child?
Whatever personal conflict you may have with your child’s other parent, your personal feelings mean little in the Arizona court system. In order to have a judge order supervised visits between the other parent and your child, you’ll need to work closely with Schill Law Group to prove that supervised visits are, indeed, the best option for the child.
So, how do you do this, and how do you know for sure that supervised visitation is the best way to go? Arizona Code Section 25-403 outlines the guidelines for making decisions regarding child custody and visitation in situations where the parents are unable to come to an agreement on their own. Because the safety and stability of the children are the most important factors, a judge will usually only consider supervised visits when it can be proved that one parent may not be able to offer a safe, stable, and supportive environment. Some common scenarios in which supervised visitation may be court-ordered include:
- When parents haven’t had much, or any, parenting time before. Sometimes, a parent has not been previously involved in the child’s upbringing. The Arizona court system may order supervised visitation for a specified length of time in order to allow the parent and child to become better acquainted with one another before unsupervised visits can be permitted.
- When parents have a history of domestic violence. If there is any history of domestic violence, a judge will often designate a person to supervise parenting time.
- When parents face grave mental health issues. If it is determined that a parent’s mental health conditions are severe enough that they impair judgment and the ability to safely parent a child, the court may order supervised visitation or limited contact.
- When parents are living in an unsafe environment. If it is determined that a home environment is unsafe or unsanitary, the children may be removed and supervised visits may be ordered until the home is restored to livable conditions.
- When parents are believed to be using illegal drugs. If a parent has a problem with illegal drug use, the court may determine that supervised visits are necessary. In some cases, a judge may order regular drug testing as a condition of both supervised or unsupervised visitation.
Arguing for Supervised Visitation
If you believe that supervised visits between your child and his or her other parent are in the best interest of the child, you will need to be able to clearly and objectively present your case to a judge. Your best bet for making a compelling argument is to hire an experienced legal professional who knows how to present the facts to the judge and make the best argument for your child. A seasoned attorney will also be able to fight for certain conditions to be met, such as court-enforced drug testing in order for supervised visits to take place.
Even if you believe your case is pretty cut-and-dry, it’s never a good idea to try to represent yourself in court – especially when the safety of your child is at stake. Don’t wait another moment to contact the experts at Schill Law Group. Give us a call to set up a free case evaluation today.
by John Schill | Oct 30, 2017 | Bankruptcy
Defending the People of Arizona
With more than 100 Years of combined experience
What’s a 341 Meeting of Creditors?
If you’ve been considering filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy in Arizona, it’s imperative that you understand the ins and outs of the process. The majority of people have never heard of a 341 meeting of creditors, let alone know what such a meeting entails. Because this information is so vital, we’ve taken it upon ourselves to draft an overview of what a 341 meeting of creditors is, how it works, and how it can affect your case.
What is a 341 Meeting of Creditors?
When an individual, partnership, or corporation makes the determination that they must file for Chapter 7 bankruptcy, a bankruptcy trustee will be selected from a panel to handle the case. The job of the trustee is to maximize the total value of the assets that creditors are seeking. The trustee will also handle the investigation of any fraud or transfer issues. In fact, a trustee could even be viewed as the “prosecution” in your Chapter 7 bankruptcy case. As such, it’s important that you have a legal expert from Schill Law Group on your team to act as your defense.
During a 341 meeting of creditors, the trustee will have the opportunity to ask you questions pertaining to the case. While under oath, you and anyone else who may jointly be filing for Chapter 7 bankruptcy will be asked about the documents provided for the case and about any other issues that may have come to the attention of the trustee. Creditors may also elect to attend this meeting and will be allowed to ask questions of you as well. The purpose of the meeting is to ensure that all questions are answered quickly, properly, and accurately.
What Types of Questions Arise?
During a 341 meeting of creditors, the trustee assigned to your case and any creditors present may pose questions such as:
- Will you be receiving any money by inheritance in the near future?
- Do you currently hold any personal injury claims?
- Do you currently owe any child support or spousal maintenance monies?
- Have you thoroughly reviewed the documents filed for your case?
- Have you signed your bankruptcy documents?
- How long have you resided in the state of Arizona?
- Have you previously filed for bankruptcy, specifically within the last eight years?
- Were all of your creditors listed in your bankruptcy documents?
- Is all of the information listed in your documents true and accurate?
- Have all of your assets been listed in these documents?
What Else Should I Know?
Although a 341 meeting of creditors is usually very brief, often lasting only a few minutes, the process is very important. A 341 meeting of creditors is NOT a court hearing, but the session will be recorded, so it’s very important that all answers are provided as accurately and truthfully as possible. It’s best to have an attorney present who will make sure that nothing is said which could harm your case, as well as to ensure that your rights are protected and that the process goes smoothly. Even if your creditors don’t show up to the 341 meeting of creditors, they will still have a 60-day window in which to challenge your request for a discharge from your debts. A good attorney will see you through to the very end of the bankruptcy proceedings to make sure that all loose ends are tied up and you aren’t left with any questions or issues.
A 341 meeting of creditors in Arizona can feel very intimidating, but you don’t have to walk into the lion’s den alone. Let the legal team at Schill Law Group guide you through the process. Give us a call to schedule a free case evaluation today.
by John Schill | Oct 30, 2017 | Assault, Blog, Felony, Misdemeanor
In the state of Arizona, an assault charge may be brought as a misdemeanor or as a felony (in cases of aggravated assault). After being accused of an assault crime, then, you may be feeling some confusion. What, exactly, are you being charged with, and what are the legal ramifications? Understanding these details is a crucial part of building your best defense.
Misdemeanor Assault Charges in AZ
An individual may be arrested for a misdemeanor assault if he or she has either put another person in fear of bodily harm, has touched another person with the intent of causing physical injury, or has caused any type of physical injury to someone. Arizona courts categorize misdemeanor assault charges into three separate classes:
Class 3 misdemeanor assaults involve touching another person with the intent to injure or provoke. This carries a maximum sentence of 30 days in jail, a $500 fine, and up to 12 months of probation.
Class 2 misdemeanor assaults involve the threat of inflicting physical injury. This type of misdemeanor has a maximum sentence of four months in jail, $750 in fines, and as many as two years of probation.
Class 1 misdemeanor assaults include any physical injury to another person. If convicted, a defendant could receive up to six months in jail, a $2500 fine, and three years of probation.
In order to avoid being slapped with the maximum penalties for a misdemeanor assault, you’ll need to work with a skilled defense attorney from Schill Law Group.
Felony Assault Charges
Assault charges can quickly escalate from a misdemeanor to aggravated assault, which is a class 3 or class 4 felony. Aggravated assault charges are usually brought up against individuals when the following types of scenarios have taken place:
Serious bodily injury and/or substantial disfigurement was inflicted upon another person.
A deadly weapon was used with the intent of placing someone in imminent fear of serious injury.
The assailant committed misdemeanor assault on a police officer, firefighter, teacher, prosecutor, healthcare provider, or prison guard.
A person of at least 18 years of age committed assault on a child aged 15 or younger.
The victim was restrained at the time of the assault.
The assault occurred after the accused entered the private home of another person.
Because felony assault charges are considered to be so serious, they typically carry much graver penalties. Mandatory prison sentencing laws for aggravated assault charges in Arizona mean that first-time offenders could receive 5-15 years in prison. Defendants who have previously been convicted of a “dangerous offense” may face between 10-20 years, whereas a third-time offender could get a term of 15-25 years.
Beyond lengthy prison sentences, a felony charge also carries other penalties. If convicted, a defendant could face exorbitant fines as high as $150,000 and will lose certain civil rights, such as the right to vote and the right to bear arms.
Assault vs Domestic Violence
In cases where an assault occurs between two people who live together or between two people who are in a relationship with one another, it is considered to be a case of domestic violence. In this case, the penalties will differ. For example, a domestic violence charge will require a mandatory 26 weeks of counseling. Having the right lawyer on your team will ensure that you are charged correctly and that you receive the fairest judgement possible.
Regardless of whether it’s classified as a misdemeanor or felony, assault charges should always be taken seriously. The best way to avoid maximum penalties and to receive a more lenient sentence is to work closely with an experienced attorney from Schill Law Group. If you or someone you love has been charged with an assault, don’t wait! Please call us for a free case evaluation today.
by John Schill | Oct 23, 2017 | Medical Marijuana
Defending the People of Arizona
With more than 100 Years of combined experience
A Brief Intro to Medical Marijuana in Arizona
It’s been seven years since the state of Arizona narrowly voted the AMMA (Arizona Medical Marijuana Act) into effect, which legalized both the possession and use of marijuana for specific medical conditions. Although the law went into effect in 2010, many Arizona residents are still confused about what, exactly, the law says concerning medical marijuana. Knowing the letter of the law is essential to avoid being penalized, as well as to protecting your rights. This quick primer will provide you with the basic information you need to know about medical marijuana in Arizona.
Medical Marijuana Eligibility in Arizona
When the AMMA was first launched, the state of Arizona laid down some very specific guidelines pertaining to who is eligible to obtain and use medical marijuana and to set limits regarding the possession of cannabis. If you are unsure about your adherence to any of these guidelines, it’s in your best interest to consult with an expert at Schill Law Group.
First, the law mandates that those in possession of a medical marijuana card have a “debilitating medical condition.” Arizona Revised Statutes 36-2801 define such a medical condition as being related to:
- Cancer
- Glaucoma
- HIV Positive
- Immune Deficiency Syndrome
- Hepatitis C
- Crohn’s Disease
- Alzheimer’s Disease
- Chronic or Debilitating Condition
In addition to this, the AMMA also sets forth several other requirements and limitations:
- All patients and caregivers must be fingerprinted and may not be a registered felon. In the event that a cardholder is convicted of a felony, his or her eligibility will be revoked.
- Cardholders are only able to legally possess up to 2.5 ounces of marijuana (including cannabis-infused edibles).
- Medical marijuana may not legally be possessed or used near or on school grounds, correctional facilities, or public places.
- Medical marijuana patients may legally cultivate up to 12 marijuana plants in a closed, locked facility IF the patient lives more than 25 miles from a certified marijuana dispensary.
Medical Marijuana Registration in Arizona
The state of Arizona still considers marijuana to be a controlled substance. As such, marijuana is strictly regulated. On top of qualifying for medical marijuana use through the presence of a debilitating medical condition, you are legally required to register for an identification card. You must submit written certification from your treating physician within 90 days of submitting your application for a medical marijuana ID card, and you will need to pay all applicable fees and sign an agreement not to divert marijuana to another party.
Legal Issues Surrounding Medical Marijuana in Arizona
Possessing a medical marijuana card in Arizona does not make you immune to the law. You can be arrested and penalized for possessing more than the legal limit, cultivating marijuana outside the scope of the law, attempting to sell medical marijuana to someone else, “holding” or using pot in prohibited areas, etc.
Of course, there are still some kinks and “gray areas” being worked out in the Arizona court system. Recently, an Arizona appellate court ruled that a 2012 state law which prohibited the use of medical marijuana on college campuses is, in fact, unconstitutional. The case arose as the result of a young man having been arrested and charged with a felony possession for having medical cannabis in his dorm room. Although the charges were eventually dropped to a misdemeanor, the defendant appealed the judgment. Ultimately, the appellate court determined that the 2012 law is contradictory to the AMMA, and the charges were thrown out, all as the result of strong legal representation.
If you have been charged with a crime related to the possession, cultivation, or use of medical marijuana, you need expert legal help. The professionals at Schill Law Group understand Arizona law as it pertains to medical marijuana and can build the best possible case for you. Contact us for a free consultation today.
by John Schill | Oct 23, 2017 | Divorce
Although dissolutions of marriage are relatively common in Arizona, no one ever expects to go through a divorce. Consequently, most people find themselves with a lot of questions about the divorce process. Finding the answers to these questions and having a better understanding of what happens during a divorce can help reduce stress levels significantly while reducing the likelihood of legal mistakes. For this reason, we’ve compiled a list of five common questions about Arizona divorces in 2017.
Question #1: Are Divorces, Annulments, and Legal Separations All Basically the Same Thing?
Simply put… no. Divorces, annulments, and legal separations are entirely different things. An annulment actually deems a marriage to be void. This is essentially the same thing as saying that the marriage never happened in the first place. Specific conditions must be met in order for an annulment to be granted in the state of Arizona. In a legal separation, a couple decides to remain legally married while physically separating from one another, usually living in separate residences. A divorce, or dissolution of marriage, is the legal termination of a couple’s marital responsibilities to one another. If you’re not sure which of these would best fit your situation, a Schill Law Group attorney can assist you with making that determination.
Question #2: What’s the Difference Between a Fault and No-Fault Divorce?
In some states, one spouse can be deemed “at fault” for the divorce due to adultery, abandonment, or cruelty. Because Arizona is a “no-fault” state, there is no need for either spouse to try to prove that the other was responsible for the ending of a marriage. Consequently, no reason needs to be given for why the petitioner is requesting a divorce.
Question #3: What Is Spousal Maintenance and How Does It Work?
Commonly referred to as “alimony,” spousal maintenance refers to payments that are made from one spouse to the other throughout the divorce proceedings, after the divorce has finalized, or both. Spousal maintenance is usually granted when one partner has been the primary source of income for the couple and the other needs financial assistance while getting his or her feet back on the ground. Spousal support is typically only granted as temporary relief so that the recipient learns to become self-supporting. Exceptions exist where the recipient is disabled or otherwise unable to obtain employment.
Question #4: How Does Child Support Work?
In some divorce cases, couples are able to come to an agreement about custody and child support arrangements. These agreements can be reached by the couples themselves, through the help of a mediator, or with the involvement of attorneys. In others, a judge must make determinations of who will have primary physical custody of the child or children and how much the other parent will need to pay each month to contribute to their needs and welfare. The amount of money to be paid is determined by examining factors, such as each spouse’s income, and the number of children involved.
Question #5: Can One Spouse Put a Stop to a Divorce?
In the case of no-fault divorces in Arizona, there is no way to stop a divorce from happening once the petitioner has filed for a dissolution of marriage. If both parties decide that they wish to reconcile and stop divorce proceedings, they are able to do so, but one spouse may not stop the other from ending the marriage.
Do you have other questions concerning the divorce process in Arizona? The legal experts at Schill Law Group are here to help. We have extensive experience in handling divorce cases and will work to protect your rights every step of the way. Give us a call for a free consultation or to learn more today.
