by John Schill | Sep 18, 2017 | Blog, Criminal Charges
The Schill Law Group works every day with people just like you who want to move on from past mistakes and pursue a better future. We are deeply familiar with the process for having an Arizona felony charge reduced to a misdemeanor and all of the challenges and complications that can come up during the process. If you want to pursue a felony charge reduction or simply have questions, call now to schedule a free consultation with an attorney that can help.
We know that having a felony charge on your record can feel like the end of the world. Many Arizona employers have policies that prohibit them from making a hire should a felony turn up on a background check, and it can even become impossible for ex-felons to obtain certain professional licenses. In addition to this, those with felonies on their records are ineligible to own a gun or to serve on juries. On top of everything else, you may find it difficult to secure housing or to be granted bank loans. The list of potential problems could go on and on.
Fortunately, there is hope for you if you have previously been convicted on a felony charge. By working with the aggressive and experienced team at Schill Law Group, you may have the ability to knock your felony charge down to a misdemeanor. In the state of Arizona, certain felony charges are eligible for being reduced to a misdemeanor, thus enabling you to move forward with your goals and dreams for your life.
Steps For Having Felony Dropped To Misdemeanor
- Receive or negotiate for a class 6 felony charge conviction.
- Complete the terms of sentencing.
- Successfully meet all of the requirements of your probation.
- Work with your attorney to secure an agreement to reduce the charge on your record to a misdemeanor.
What is a Class 6 Undesignated Felony in Arizona?
In Arizona, felonies fall under one of six different classes, with a Class 6 felony being the lowest level offense. This particular class of felony can be reduced to a misdemeanor. This is because a Class 6 Undesignated felony carries the implication that your offense could result in either a felony or a misdemeanor on your final record. The level of a felony charge is determined during the initial conviction.
After you have received a class 6 felony, you will be required to complete your sentence, including any probation. Until you have successfully met the terms of your probation, the charge will be treated as a felony. After this time, you can request that the felony is reduced to, or “designated,” as a misdemeanor. This, of course, requires the careful negotiation of a plea agreement at the time of sentencing.
How To Negotiate a Class 6 Undesignated Felony
If you or a loved one is facing a felony charge, the idea of taking a plea agreement for an undesignated felony may initially seem like a bad idea. In situations where there is insufficient evidence to exonerate yourself and could face a more serious conviction from a jury and/or judge, however, accepting a Class 6 charge could be in your best interest. It’s crucial that you have a skillful criminal defense attorney on your team who knows when it’s best to accept this type of plea agreement, and who will have the ability to fight for a reduction to a misdemeanor down the road. Your attorney should also be able to negotiate the terms of your probation, thus helping you to avoid situations where the terms are too difficult for you to meet or are unreasonable.
It should be noted that those with prior felony convictions are not typically eligible for a plea agreement. Consequently, you may find it more difficult to obtain a Class 6 felony charge or to have it later reduced to a misdemeanor. Again, it’s imperative that you seek out excellent legal representation for your case.
Other Methods for Having a Felony Reduced to a Misdemeanor
Plea agreements involving a Class 6 felony are the most common ways to have a felony charge reduced to a misdemeanor in Arizona. Even so, it’s not the only way to clean up your criminal record. A skilled criminal defense attorney may be able to fight for a misdemeanor by proving that there are problems with the prosecution’s case or by providing evidence of procedural issues. In addition to this, your lawyer may also have the ability to have your charge reduced right off the bat if this is your first offense and you have been accused of a low-level felony.
Getting a felony reduced to a misdemeanor in Arizona can be life-changing, so it’s important that you choose serious, experienced legal representation. Don’t leave your life and future to chance. Reach out to the experts at Schill Law Group so that you can start getting your life back on track today.
by John Schill | Sep 18, 2017 | Divorce
Arizona Alimony 101
Alimony is a word that inspires a great deal of confusion – and sometimes fear – in Arizona divorces. If you’re going through a divorce, you may have a lot of questions about alimony. What types of alimony arrangements exist in Arizona? Who is eligible to receive alimony? How long do payments last? Today’s post will answer these and other important questions and highlight the basics of Arizona alimony.
What is Alimony?
The term “alimony” refers to money that one spouse pays out to the other for support. This financial arrangement might occur throughout the divorce process, be set up to begin after the divorce is complete, or both. Although alimony is the word most commonly used to describe payments like these, the state of Arizona uses the term “spousal maintenance.” As soon as the words “alimony” or “spousal maintenance” are brought to the table, it’s important to align yourself with an experienced divorce attorney like Schill Law Group who can help you wade through the process.
Why Do Spousal Maintenance Arrangements Exist?
You may find yourself wondering why a spousal maintenance arrangement might be made during or after a divorce. After all, if a couple has separated, why should one still be financially accountable to the other? The intent of alimony or spousal maintenance is to help individuals who, upon separation, find themselves unable to pay for their regular living expenses. This is to ensure that basic needs are met for at least some period of time.
What Types of Spousal Maintenance Arrangements Exist in Arizona?
If you or your ex spouse is seeking spousal maintenance in Arizona, you will need to understand the following types of arrangements:
Temporary
Legally referred to as “pendente lite,” this type of arrangement occurs when a judge orders spousal maintenance during the course of the divorce proceedings. In some instances, the judge might also rule in favor of temporary maintenance for a designated period of time. This amount can be made in a lump sum or monthly payment.
Permanent
In today’s age, it’s becoming increasingly rare for a judge to order permanent spousal maintenance. This is because the court views maintenance as a rehabilitation program that allows an individual to get back on their feet prior to supporting themselves. Usually, permanent maintenance is only granted when a spouse is unable to become self-supporting due to a disability.
Limited
In cases where one spouse sacrificed money, assets, or career in order to support the advancement of education and earning capacity of the other spouse, a judge may order limited spousal maintenance to allow for reimbursement.
Who Is Eligible for Spousal Maintenance?
In order for yourself or your spouse to be awarded maintenance, a judge must find that one spouse has a significant financial need while the other has the ability to pay. This may occur when one spouse doesn’t have enough property or assets to provide for reasonable needs, is not able to secure employment or be self-supporting, or when one spouse contributed to the other spouse’s education and/or employment opportunities.
How Are Maintenance Determinations Made?
The spousal maintenance agreement that is ordered by a judge will depend on several factors, such as:
- Length of marriage
- Age, employment history, physical/mental condition, and earning capacity of the spouse seeking maintenance
- Marital standard of living
- Spouse’s comparative financial resources
- The paying spouse’s ability to provide spousal support
- Costs of health insurance for each party
- Other financial resources that may be available to the spouse seeking maintenance
Are Spousal Agreements Set In Stone?
Certain changes in life and financial circumstances can result in your ability to petition that the court modify or terminate spousal support arrangements. Spousal support payments automatically terminate when the term of award expires (where applicable), when the recipient spouse is remarried, or upon the death of either party.
Do you need legal assistance with your Arizona alimony case? Schill Law Group understands the ins and outs of spousal maintenance and can help you secure the best arrangement possible. Give us a call to get started today.
by John Schill | Sep 11, 2017 | DUI
Do You Have to Complete a Field Sobriety Test?
Being pulled over by the police is always scary, but being asked to submit to a field sobriety test can be even scarier. Whether an officer has pulled you over on suspicion of DUI or you have been stopped at a DUI checkpoint, you may find yourself panicking and unsure of how to handle yourself. Should you be 100 percent cooperative and do everything the officer asks, or should you take the Fifth and refuse to comply with tests? Do you even have the right to decline a field sobriety test? The answers to these questions are more complex than a simple “yes” or “no.” Because of this, we’ve dedicated an entire post to discussing whether or not you must – or should – complete a field sobriety test.
The Object of Field Sobriety Testing in Arizona
These tests exist as a means of helping a police officer determine whether or not an individual is driving under the influence of alcohol or drugs and is posing a threat to himself and others on the road. Unfortunately, field sobriety tests can be difficult to pass even if you’re not intoxicated – especially if you’re feeling nervous or on edge. What’s more, an officer’s judgment of a field sobriety test is entirely subjective (except in the instance of a breathalyzer test), and an officer could determine that an individual is inebriated just because he or she has general balance issues or struggles to complete a task that they are not accustomed to doing. This is why the help of the experts at Schill Law Group is often needed after a field sobriety test has been failed.
What Happens if You Refuse to Complete a Field Sobriety Test in Arizona
Knowing that field sobriety tests can be tricky and that officer judgments are subjective might sway you toward refusing to complete field sobriety tests. Here’s where things get a little bit complicated. In the state of Arizona, you have the right to decline when an officer asks you to take a field sobriety test, the tasks of which may include walking a straight line and/or standing on one leg. The real question is whether or not you SHOULD decline.
In many cases, refusing to complete a field sobriety test can and will be viewed as an admission of guilt. For this reason, you may need to be prepared to be placed under arrest for a DUI. Once you have been arrested, you may be required by law to submit to a breathalyzer test. Should you decide not to submit to a field sobriety test, you may want to consider remaining silent and allowing your attorney to speak on your behalf.
Things to Consider Prior to Completing a Field Sobriety Test in Arizona
In the event that you are asked to submit to field sobriety testing, there are a few things that you should keep in mind:
- If an officer has pulled you over and is requesting that you complete a field sobriety test, he or she is already suspicious and likely already intends to arrest you for a DUI. At this point, the officer is asking for DUI testing to gain more evidence against you.
- Field sobriety tests can be inaccurate and certain medical conditions, medications, or even the way in which the testing is administered may impact the outcome.
- Certain medical conditions could cause you to outright fail, even if you have not had anything to drink.
- Refusal to complete a field sobriety test will likely lead to your arrest in Arizona.
If you have failed an Arizona field sobriety test (whether you were intoxicated or not), you need an experienced DUI attorney on your team. Contact the professionals at Schill Law Group to discuss the details of your case during a free consultation.
by John Schill | Sep 11, 2017 | Divorce
Defending the People of Arizona
With more than 100 Years of combined experience
What Happens to Mutual Debt After Divorce?
If you’re currently in debt, you’re in good company. According to Pew Research Center’s most recent findings, approximately 80 percent of Americans owe money to lenders and creditors. And while being in debt is stressful in and of itself, a large number of debtors find themselves faced with the complexity of being forced to figure out how to manage what they owe after a divorce. Fortunately for those getting divorced in Arizona, the state’s laws on mutual debt are rather cut and dry. Even so, it’s important to arm yourself with the facts and in your best interest to have a knowledgeable attorney on your side. Here’s a quick overview of what happens to mutual debt after a divorce.
The Division of Debt in Arizona Divorces
In Arizona, marital debt is treated in the same manner as marital property. Just as any type of community property is considered to be equally owned by both spouses, the state also views marital debt to be “owned” equally by both parties. In the simplest terms, all marital debt that exists shall be divided equitably between the two individuals. Because certain complications can arise when considering what constitutes an “equitable division” of debt, it’s wise to enlist the help of Schill Law Group to help you sort through the details.
Marital Debt Defined
In order to equitably divide marital debt, we must first establish what “marital debt” actually is. In Arizona, marital debt is defined as any sort of debt that was taken on throughout the course of a marriage. It does not matter which spouse acquired the debt, as long as it was acquired while the parties were married to one another.
It’s important, too, that you understand that your name doesn’t need to be specifically tied to any debt in order for you to be held responsible for it. As an example, your ex may have opened a credit card in his or her name and accumulated debt. This can still be viewed as marital debt – even when your name is not on the card – if the debt was acquired during the marriage.
This would be a different story altogether if the card had been opened prior to the beginning of the marriage. In this case, the debt tied to the credit card would remain the sole responsibility of the individual who opened the line of credit. For this reason, it’s very important to establish the dates when specific lines of credit were opened, and by whom.
There are certainly some exceptions to general marital debt guidelines like these, and your attorney can help walk you through any special circumstances or conditions. Your attorney will discuss the specifics of all types of marital debt that could exist within your marriage including:
- Credit Cards
- Mortgages
- Auto Loans
- Tax Debt
- Personal Loans
- Payday Loans
Settling Marital Debt Disagreements
In the event that you cannot come to an agreement on dividing your marital debt, the court will make a decision for you, and this may or may not work in your favor. Consequently, it’s always in your best interest to come to an agreement with your ex regarding how your marital debt should be divided. Your attorney can help you come up with fair and reasonable terms regarding the division of marital debt. During this process, your legal representation can help you understand your rights and responsibilities, as well as those of your spouse so that you can achieve the best possible outcome.
Acquiring assistance with the division of marital debt in your Arizona divorce is always a good idea The experienced attorneys at Schill Law Group can help. We have extensive experience in this area and will work to ensure that you receive fair treatment throughout the divorce litigation process. Give us a call to set up a free consultation today.
by John Schill | Sep 4, 2017 | Divorce
Defending the People of Arizona
With more than 100 Years of combined experience
The Fundamentals of Asset Division in Divorce Cases
One of the biggest issues involved with any Arizona divorce is the division of a couple’s assets. This process involves correctly identifying what those assets actually are, determining which assets are considered to be community property or separate property, valuing all community assets, and finally dividing all community assets equally. Because this is a sensitive topic and can quickly become quite complex, it is often advisable to work with an attorney as you divide your assets. Here’s a closer look at what is involved with the process, from start to finish:
Identifying Your Assets
In order to properly divide up your assets, all parties must be aware of what assets are currently being held. To get the most accurate information, Schill Law Group typically requests that their clients provide an inventory of all assets, including real estate holdings, vehicles, businesses, household goods with substantial value, and retirement and/or investment accounts. Tax returns are another great source of information for this process. Arizona law requires both parties involved in a divorce to disclose their assets and financial holdings. In the event that your ex does not willingly disclose this information, your lawyer may need to subpoena the other party so that all assets can be properly identified. It’s important to remember that debts are treated in the same manner as assets and should, therefore, be included in this process.
Categorizing Your Assets
Once all assets have been documented, it’s time to determine whether they are categorized as community property or as sole and separate property. Only items classified as community property can be divisible in an Arizona divorce. Generally, community property will include all assets required by either spouse throughout the duration of the marriage. Sole and separate property covers any assets that were brought into the marriage by one spouse or any assets that were gifted to only one spouse during the marriage. Categorizing your assets can become confusing and complicated when mixed assets are involved. For example, a spouse may have brought a 401(k) retirement account into the marriage but the account continued to grow throughout the marriage. While the pre-marriage balance is considered to be sole and separate property, anything accrued throughout the marriage is considered to be community property.
Valuing the Community Assets
After you have determined which assets are classed as community property, you are ready to value these assets. While bank and financial accounts can be valued via statements, other items like real estate, businesses, jewelry, or fine art may need to be appraised.
Dividing the Community Assets
The final step is the actual division of community assets. In some cases, both parties are able to work with their attorneys and mediators in order to come to an agreement concerning how the property will be divided. In others, a judge will need to make the final determination. Either way, Arizona law requires that community property be divided “equitably,” meaning that the division should be substantially equal. It should be noted, however, that a judge also has the discretion to make determinations about the true equitableness of each case. In addition to this, a judge may rule on an unequal division of assets to an “innocent” spouse in scenarios where a “guilty” spouse tries to hide or conceal assets.
Navigating the waters of division of assets in Arizona can be overwhelming, complicated, and stressful if you go it alone. Working with an experienced divorce attorney will simplify the process so that you can move on with your life more expediently. Let the team at Schill Law Group help you through this difficult time. Give us a call to get started today.
