by John Schill | Oct 16, 2017 | Blog, Criminal Charges, Money Laundering
In the most general terms, money laundering is a type of financial scheme in which a person takes steps to gain money via a criminal act. While this may seem pretty cut and dry, it’s actually a bit more complex than that. The state of Arizona recognizes three different degrees of money laundering, and while all three are considered felonies, each have a different amount of potential jail time.
If you’re facing 1st, 2nd, or 3rd degree money laundering charges in Arizona, you should contact a criminal defense attorney at Schill Law Group immediately. Call now to schedule a free case evaluation with a Schill Law Group attorney.
A Closer Look at Money Laundering
Before we explore the three degrees of money laundering charges in Arizona, it’s important that you have a clear understanding of what the process of this crime actually looks like. In a typical money laundering case, a launderer will first acquire money via illegal activity. From here, he or she will put the money through some type of scheme in order to cover up the criminal activity, often through what is known as a “front” business. Finally, the money is returned to the launderer as “clean” (hence being “laundered”) so that he or she can spend the money. Money laundering is considered to be one of the most serious types of white collar crimes. If you have been accused of money laundering, don’t put off contacting a lawyer to begin building your defense in order to minimize or avoid jail time from money laundering charges.
Money Laundering in the Third Degree
Let’s begin with the degree of money laundering that carries the least severe punishments, including the least jail time. If you have been accused of third-degree money laundering, it means that prosecutors believe that you took part in the process of transmitting money within a laundering scheme. Although it is the lowest degree of money laundering, those convicted may face up to six years in prison for a first offense. Third-degree money laundering is a Class 6 felony in Arizona.
Money Laundering in the Second Degree
Moving one level up from third-degree money laundering is a second-degree launderer, who is accused of having an ongoing interest in, transacting, transferring, transporting, or receiving and concealing the existence of monies acquired through criminal activity or racketeering. This includes the process of providing false information to the government. Second-degree money laundering is a Class 3 felony and carries a penalty of 8.75 years of jail time for first-time offenders.
Money Laundering in the First Degree
Finally, there’s the most serious type of money laundering in Arizona. In first-degree laundering, an individual is accused of knowingly initiating, organizing, directing, or managing a scheme designed to launder money. This means that the individual has played the most active role in the money laundering scheme. As a Class 2 felony, first-time offenders will face 12.5 years in prison.
Building a Defense Against Money Laundering Charges
If you have been accused of money laundering, it is imperative that you seek legal counsel immediately. Regardless of the degree of money laundering that you are being investigated for, the charges are very serious and require serious legal defense. It’s in your best interest to avoid answering any questions or disclosing any information about your case to anyone but a reputable criminal defense attorney with the knowledge and experience required to understand the sensitive nature of these charges.
It’s important, too, to understand that the above-mentioned penalties for the three degrees of money laundering charges in Arizona pertain only to first-time offenses. Because those with prior charges may face even harsher consequences, it’s absolutely critical that you have a reliable lawyer on your team.
If you or a loved one has been accused of money laundering in the first, second, or third degree, it’s time to talk to the team at Schill Law Group. Give us a call to schedule a free case evaluation today.
by John Schill | Oct 9, 2017 | Blog, Child custody, Custody
According to the Center for Disease Control (CDC), 40.3% of all children born in the United States are born out of wedlock. With so many children being born to unwed partners, it’s more important now than ever before to understand the laws surrounding presumption of paternity in Arizona.
The Importance of Paternal Relationships
It’s very important for Arizona fathers to have positive relationships with their children. Having both parents involved with raising a child is beneficial to the child and can also be advantageous for the mother and the father – regardless of whether they are living together or are separated. Presumption of paternity laws exist in order to protect the bond of father and child when a baby is born out of wedlock and to allow the father to seek custody of the child in the event of a separation or divorce. Schill Law Group understands the importance of presumption of paternity laws and fights to protect the rights of biological parents in Arizona.
Establishing Presumption of Paternity in AZ
There are instances when the biological father of a newborn child is not immediately clear. Although a paternity test may be required at some point, there are other ways in which a presumed father can be established before any testing. One way in which a man may be presumed to be the father of a child is when the man was either married to the child’s mother 10 months before the baby’s birth, or the marriage ended within 10 months of the child being born. Another way in which a father’s paternity is presumed is when the mother and father both sign the birth certificate or an acknowledgment of paternity in the presence of a notary or two witnesses. The final way in with paternity may be presumed is after a paternity test has been taken and comes back with a result that shows at least a 95 percent probability that the man in question is the father.
What Presumption of Paternity Allows in AZ
When a man is presumed to be the father of a child, that presumption is what establishes a father’s right to seek out child custody in cases where he isn’t married to the child’s mother. In the event that the presumed father is legally married to the mother, the presumption of paternity allows him to seek custody in the event that the marriage is dissolved in the future. These types of actions can only be taken when a man is a presumed father. If a man believes that he is the biological father of a child, but is not the presumed father, he will need to take steps to establish paternity.
Rebutting Presumption of Paternity in AZ
The state of Arizona demands “clear and convincing evidence” when rebutting a paternity presumption. In some cases, a mother may need to rebut a presumed father’s right to custody if she believes he is not, indeed, the biological father. In other cases, a man who believes he is the biological father of a child may need to rebut the presumed paternity of another man. Whatever the case may be, this process will demand serious legal representation in order to properly gather the evidence and make the best case for the well-being of the child.
Do you require legal assistance with your presumption of paternity case in Arizona? Our team is here to help in your hour of need. Call the Schill Law Group to set up a free consultation today.
by John Schill | Oct 3, 2017 | Alimony, Child Support, Divorce
Defending the People of Arizona
With more than 100 Years of combined experience
Common Links Between Divorce and Bankruptcy
When going through a divorce, one of the last things you want to think about is filing for bankruptcy. Unfortunately, it’s actually not all that uncommon for Arizona residents to be forced to consider the bankruptcy option, and that can make things difficult. After all, both filing for bankruptcy or for divorce entails complex financial issues, and when the two legal scenarios intersect, the issues grow even more complicated. To further explore this topic, we’ve broken down three of the common links between divorce and bankruptcy in the state of Arizona.
Financial Obligations
Generally speaking, there are two types of financial obligations that come out of a divorce that have the ability to impact a bankruptcy: (1) child or spousal support, and (2) the division of marital property. In the event that one or both spouses file for a Chapter 7 or Chapter 13 bankruptcy, it is likely that any support obligations will remain enforceable. When dealing with any outstanding obligations that are tied to property division, however, a Chapter 13 bankruptcy filing could make a significant impact. Your Schill Law Group attorney can help you determine specifically how your divorce obligations may be affected by a bankruptcy.
Timing
If you and your spouse have been considering bankruptcy, you will likely have questions about when to file. Is it better to file for bankruptcy before filing for divorce or after? Making the decision to file jointly for bankruptcy prior to filing for divorce may result in your ability to save money on court costs, and the process of dividing assets and debts may be simplified. Additionally, if you choose to file for divorce more than 180 days after filing for bankruptcy, you’ll find that any property that is awarded in the divorce will be inaccessible to creditors.
There are, however, benefits to beginning the divorce process prior to filing for bankruptcy. There is a chance that doing so could allow for more options regarding the type of bankruptcy that you pursue. While a Chapter 7 filing can be completed within a few months, making it simple for you to quickly complete the process before divorce, a Chapter 13 takes much longer to complete and will complicate the divorce process. Consequently, it’s usually better to file for divorce before bankruptcy if you plan to go the Chapter 13 route.
Working Together
The financial aspect of any divorce is stressful, but when a bankruptcy is involved, it puts a lot more pressure on both parties. If you hope to file for both a divorce and a bankruptcy during the same window of time, it’s imperative that you and your spouse have the ability to work together in order to make the process go as smoothly as possible. In many cases, this means that you should both hire attorneys who understand the legalities of both divorce and bankruptcy filings. This will allow you to communicate constructively and to ensure that you are treated fairly.
No one looks forward to filing for bankruptcy or for divorce, but these processes don’t need to be as stressful as you may imagine. In order to avoid any negative impact on your bankruptcy or divorce filing, you’ll need to be willing to offer full disclosures to all professionals who may be involved with your cases/filings. If you are planning on filing for bankruptcy, you should advise your bankruptcy attorney about the likelihood of your divorce. Similarly, your divorce attorney should be told that you are considering filing for bankruptcy.
Do you need help with your divorce or bankruptcy in Arizona? The attorneys at Schill Law Group have experience in both of these areas, putting us in the unique position to be able to handle your case. Give us a call to learn more today.
by John Schill | Oct 2, 2017 | Underage DUI
Defending the People of Arizona
With more than 100 Years of combined experience
Illegal Manufacture of Drugs in Arizona
In Arizona, being accused of possession or sale of illegal/controlled substances is much different than being accused of manufacturing or cultivating drugs. As such, you could face much harsher penalties should you be found guilty. Understanding what state law says about the manufacture of drugs will help you seek out an experienced lawyer with the ability to build the best defense for your unique case.
Manufacture of Illegal Drugs
The majority of illegal drug manufacture charges in Arizona are related to labs for producing substances like methamphetamine or ecstasy. The manufacture of these drugs often requires the use of a range of ingredients, from the pseudoephedrine found in over-the-counter cold medications, all the way to more chemically volatile and toxic ingredients like ammonia, lithium, acetone, and ether. Sometimes, simply purchasing or owning ingredients like these can raise suspicions with the authorities. Amassing large quantities of these materials is against the law.
An entire special task force is dedicated to serving the state of Arizona as it seeks out and penalizes those who operate labs like these and manufacture illegal drugs. In the event that you are accused of operating a drug laboratory, producing illegal substances, or possessing excessive quantities of the ingredients used in the manufacture of drugs, you are up against some potentially serious consequences. Even for a first offense, the owner/operator of a meth lab may receive up to 15 years in state prison. This sentence can be enhanced to 20 years in the event that meth was produced in the presence of a child. On a second offense, an individual may be punished with a 35-year prison sentence and the loss of property. You should also be aware that the owner of a property where drugs are being produced can be held legally accountable for the manufacture – even if they were not directly involved with the production process. Because there are so many ways to be accused of being tied into an illegal drug manufacture case, it’s important to get help from an experienced criminal defense attorney like Schill Law Group immediately.
Cultivation of Illegal Drugs
In addition to being accused of manufacturing illegal drugs, you can also be accused of illegally cultivating controlled substances in Arizona. Although drug cultivation charges usually occur as the result of growing marijuana, you could also be punished for growing substances like peyote or psychedelic mushrooms. Sometimes, these drugs are cultivated outdoors, but it is more common for growers to maintain “grow houses” where they are able to regulate light, temperature, and humidity levels. As in the case of illegal drug laboratories, individuals can be legally prosecuted in situations where substances are being illegally cultivated, regardless of their level of involvement. Because illegal cultivation is considered to be a felony and carries consequences of up to seven years in prison, it’s in your best interest to hire a reliable lawyer as soon as you are formally accused.
Serious Charges Demand Serious Legal Expertise
In the event that you or a loved one is accused of illegal drug manufacture and/or cultivation in Arizona, you don’t have any time to lose. Because the freedom and future of the accused are at stake, you need to make it a priority to seek out and hire a professional criminal defense lawyer with extensive experience in dealing with drug manufacture-related charges. A free or low-cost public defender will not be able to give the time and attention required to offer up your best defense and protect your rights.
We will aggressively fight to defend you in Arizona court, regardless of your drug manufacture or cultivation charge. Give us a call to schedule a free case consultation and to get started on your defense today.
by John Schill | Sep 25, 2017 | Criminal Charges, Domestic Violence
Your Guide to Arizona Domestic Violence Law
Domestic violence is one of the most misunderstood aspects of Arizona criminal law. While domestic violence cases are, unfortunately, rather common throughout the state, many Arizonans are unclear about what domestic violence actually is and carry numerous misconceptions about it. In order to clear the air, we have dedicated this post to debunking some of the most prevalent myths about Arizona domestic violence by exploring the facts.
Myth: Only women can be victims of AZ domestic violence.
Fact: While many people believe that women are the sole victims of domestic violence, this is simply not the case. According to the Center for Disease Control (CDC) and the National Coalition Against Domestic Violence (NCADV), 1 in 3 women and 1 in 4 men in the United States have been subject to some form of physical violence by a partner. Schill Law Group has defended both men and women in Arizona domestic violence cases.
Myth: Domestic violence isn’t very common.
Fact: The NCADV states that domestic violence accounts for 15% of all violent crime, and that, on average, domestic violence hotlines receive 21K calls per day. While that may seem like a lot, and any amount of domestic violence should be considered a cause for concern, its prevalence is often greatly exaggerated.
Myth: If my significant other chooses not to prosecute, the State won’t be able to charge me with a domestic violence crime.
Fact: In the state of Arizona, the decision regarding whether or not to arrest an individual and charge him or her with a domestic violence crime is solely up to the discretion of the police and prosecutors. The State will certainly consider the opinions and feelings of an alleged victim, but charges can still be filed, even when an alleged victim has requested that no one be charged.
Myth: If the alleged victim refuses to appear in court, the case will be dropped.
Fact: The State of Arizona is able to serve an alleged victim with a subpoena that orders them to appear in court – even if he or she does not want to offer testimony against you.
Myth: I can’t be prosecuted for domestic violence because I didn’t actually touch anyone.
Fact: Domestic violence is a term that can apply to a wide range of criminal activities. The basis for a domestic violence charge is the relationship between the alleged perpetrator and the alleged victim. While accusations of violence, like assault, are frequently connected to domestic violence charges, other charges such as criminal trespassing or disorderly conduct could also result in a domestic violence charge, even if no physical contact occurred.
Myth: AZ Domestic violence charges are always classified as misdemeanor offenses.
Fact: In Arizona, felony offenses can frequently be charged as domestic violence offenses, like aggravated assault. In some cases, a defendant may be charged with a felony for a misdemeanor act in domestic violence cases. Known as Aggravated Domestic Violence, this charge may be issued if an individual has already been convicted of two previous domestic violence offenses within the past seven years.
Myth: Misdemeanor domestic violence charges carry the same penalty as all other misdemeanor offenses.
Fact: Even a misdemeanor crime of domestic violence will carry an additional penalty that is typically only applied to felony cases. After being convicted of a domestic violence offense that involves physical force (or the threat of physical force), or the use of a weapon, the convicted person will no longer be legally allowed to possess a firearm.
Understanding the truth about domestic violence and AZ law surrounding it allows you to better prepare yourself for your case. If accused of a domestic violence offense, it’s extremely important that you hire an experienced attorney right away. Schill Law Group has acted as the defense for numerous domestic violence cases and understands how to best present your side of the story, protect your rights, and defend you in court. Give us a call to get started today.
