by John Schill | Feb 23, 2021 | Drugs
There was a time when crimes related to marijuana carried stiff penalties in the state of Arizona, but that has changed. Marijuana expungement is now looming as a possibility for many individuals who were incarcerated due to drug-related offenses.
It’s important to know about the changes that have been made to Arizona’s marijuana laws and if they could apply to your case or a loved one’s situation. There may be a chance that you are granted a fresh start thanks to the state’s new marijuana laws.
Expunging a previous conviction can be beneficial to you in so many ways. Find out if you’re eligible and how to proceed by continuing with the rest of this article.
The Changes Caused by Proposition 207
During the most recent general election, most Arizona residents voted “yes” on Proposition 207, which is also known as the Smart and Safe Arizona Act. The passage of Proposition 207 is a big deal because of how it affects the state’s marijuana laws.
The biggest change enacted by Proposition 207 is legalizing the adult use of marijuana in Arizona. Per the new laws, adults over the age of twenty-one are now legally permitted to possess, use, and even transfer up to one ounce of marijuana.
Even growing your own marijuana plants is now legal, although there are still limitations placed on that activity.
Given how many actions that were considered criminal have now been legalized, the state is moving to rectify their records as well. That can happen through marijuana expungement.
Qualifications for Marijuana Expungement in Arizona
The state of Arizona has already moved forward with plans to expunge the records of individuals who have marijuana-related crimes on their records. However, Arizona residents should know that not all marijuana-related crimes will be expunged. Even Proposition 207 sets limits on how much marijuana an adult can carry at any given time.
So, what are the previous marijuana crimes that can be expunged from the records thanks to Proposition 207? Let’s discuss them in the following section.
Possessing, Using, and/or Transporting Marijuana
Violations related to possessing, using, and transporting marijuana may soon be expunged from Arizona’s criminal records. Some conditions must be met first, however.
First off, the amount of marijuana that was found in a person’s possession either for use or transport must be no greater than two and a half ounces. The marijuana in a person’s possession should also contain no more than 12.5 grams of marijuana concentrate.
Marijuana expungement may not be an option for offenders who were carrying around more than those amounts.
Possessing, Transporting, Growing, or Processing Marijuana Plants
Growing your own marijuana plants is now legal in Arizona. Thanks to the passage of Proposition 207, adults over the age of twenty-one can now grow their own marijuana plants at home.
Adults can cultivate up to six marijuana plants in their home if they are kept in an enclosed space secured by a device that prevents minors from getting to them. If you share a home with another adult, the two of you can grow up to twelve marijuana plants, but no more than that.
The marijuana plants being cultivated should also be for personal use only.
If you were found guilty of growing marijuana plants in the past, you could get your conviction expunged as well The conviction can be expunged if you were cultivating no more than six plants. You must also prove that you were growing the plants for personal use only if you want the conviction expunged.
Expungement is also possible for individuals who were transporting or processing marijuana plants.
Possessing, Using, or Transporting Paraphernalia for Growing, Processing, or Consuming Marijuana
Charges may have been filed against you after marijuana paraphernalia were found in your possession. That charge may have stuck with you for a long time, but you can now have it expunged from your record.
Marijuana Crimes Not Eligible for Expungement
Not all marijuana-related violations can be lifted from the records via expungement. We already discussed some of the limitations on expungement above.
In addition to them, marijuana-related actions that are considered crimes after the passage of Proposition 207 will also not be eligible for expungement.
For example, if you were caught driving under the influence of marijuana in the past, that conviction will stay on your record. Also, note that using marijuana inside your vehicle even if you are not driving is prohibited by the law.
Smoking marijuana in public is also not allowed. You cannot use marijuana in any public space such as a restaurant or shopping mall. Using marijuana in any open space also remains illegal.
Selling marijuana, you grow is also not allowed in many instances. Individuals can only sell the marijuana they cultivate if they have been licensed to operate as either a medical marijuana dispensary or as a marijuana establishment.
Unfortunately, if you committed any of the crimes mentioned in this section, your record will still show that violation in the future. Marijuana expungement will not be an option for you.
The Process of Marijuana Expungement
After determining that you or someone you know qualifies for marijuana expungement, you can start working on getting those blemishes removed from Arizona’s records.
Right now, the only thing you can do is wait. Although the new laws in Proposition 207 took effect a while ago, expunging records related to marijuana offenses is not an option at the moment. The state has already determined that the process of expunging crimes related to marijuana will begin on July 12, 2021.
While waiting for that day, you can take this opportunity to learn how the process will work.
Filing a Petition
The process starts with filing a petition.
If you are planning to file a petition, now is a good time to look for an attorney. It’s important to partner up with an attorney who is knowledgeable when it comes to Arizona’s marijuana laws. They can verify if you do qualify for expungement.
A qualified and highly skilled attorney can also help you draw up your petition. Their assistance can also prove vital later in the process.
Waiting for a Response
After filing the petition to the court, they will notify the prosecution agency of your filing. At this point, you will need to wait for the prosecutors to respond. The court will give the prosecutors’ 30 days to respond to your petition.
The Court May Set a Hearing
Your expungement process may go in a few different directions from here.
Upon examining your records, the court may decide that there are matters that need to be clarified before deciding. In that case, they will likely invite you to attend a hearing.
Arranging a hearing is also an option for both you and the prosecutor. You can make your case in court for why your record should be expunged while the prosecutor can argue against it.
The Court Grants Your Petition
There’s a chance that a hearing is not set up in your case. The court may decide that you are eligible for expungement and grant your petition right then and there. That can happen if the prosecutor also does not contest your petition being granted.
The Court Does Not Grant Your Petition
There is also a chance that the court will not grant your petition. The prosecutor may present evidence in your case indicating that you should not be eligible for expungement and the court may accept it.
The Court Issues a Signed Order
The court will eventually issue a signed order indicating whether your petition was granted. This order will also feature the findings in your case.
File an Appeal
It’s certainly possible that the court will not rule in your favor, but don’t lose hope yet. You can still file an appeal at this point and hope to get your record expunged.
Some may opt not to hire an attorney during the original expungement process, but it’s necessary if you’re filing an appeal. The appeal may be your last shot to be cleared so you must get it right.
The Benefits of Marijuana Expungement
You may be wondering if going through the expungement process is worth it. If you’ve already served your sentence and you’re free, you may see it as a bothersome process that’s not worth your time.
It’s ultimately up to you to decide whether expungement is worth the effort, but there are real benefits you can gain from it. Let’s talk more about what those benefits are below.
Your Record Is Wiped Clean
A lot of people confuse expungements with pardons, but they are not the same thing. Expunging a conviction means that your crime will no longer be on record. The conviction will be vacated, and you will be given a chance to effectively start over.
Many individuals who get out of jail or prison don’t have that opportunity. Their convictions will always stay with them and that can be a problem if they are looking for a job, an apartment, or trying to secure a loan.
Post-expungement, your record will be clean, and you can enjoy the benefits that come with that.
Your Old Record Will Only Be Made Accessible to You
Some folks who run background checks are persistent. You may be worried that someone would learn something about your past conviction if they dug around long enough.
That will not happen if you get your conviction expunged.
All the records about your previous conviction will be sealed by the clerk of the court. Records detailing expunged convictions are only accessible to the person who had it cleared in the first place.
In essence, expunging your record gives you a chance to put your past behind you.
Your Civil Rights Will Be Restored
Being convicted of a crime can lead to your civil rights being taken away. You cannot enjoy the same type of freedom that others do. To restore your civil rights, you need to go through the process of expungement.
Notably, though, expungement won’t restore your civil rights if you had other convictions that cannot be cleared.
The Limitations of Expungement
Once your records are expunged, your records will be completely cleared. The crimes you were charged with will no longer be on record in Arizona or any other part of the country.
From a legal standpoint, you are completely cleared, but that doesn’t mean that your conviction has been completely forgotten.
As we all know, some records are harder to erase. Reports about your arrest that made it online may stay there. Expunging your record does not automatically clean everything.
Furthermore, the courts cannot control everything. They cannot order entities not involved in the legal process to take down articles or posts about your conviction simply through the process of expungement.
What you can do as someone who wants their name cleared is to file additional motions with the court to have those articles or posts taken down. Those motions are not always successful though and even then, there is nothing stopping someone from posting about your cleared conviction in the future.
Expungement is still well worth your time and effort given how it benefits your daily life and legal standing, but it won’t magically undo everything.
How an Attorney Can Help
Many of the steps you need to undertake if you want your records cleared can be complicated, and difficult to navigate if you are not familiar with the legal process.
Partnering with an attorney is an absolute must if you want the process to go smoothly. Certain elements in your case may also prompt prosecutors to object to your record being expunged. That’s another instance where having a good attorney on your side will prove incredibly helpful.
Now that Arizona is relaxing its laws about marijuana, the time is also right for you to have your record cleared. Contact us today at the Schill Law Group and allow us to help with your marijuana expungement efforts.
by John Schill | Feb 19, 2021 | Blog, Drugs
More and more states throughout the country are changing their policies regarding marijuana. Arizona is among those states and you may be wondering if recent changes to laws have made smoking marijuana in public acceptable.
That’s a good question to ask and answering it is the focus of this article. Along with determining the legality of using marijuana in public, we’ll also touch on other relevant matters.
The laws involving marijuana usage in Arizona have changed significantly. You must stay up-to-date on them to avoid running into trouble with the law. Continue reading to see which changes have been made and how they could potentially impact you.
How Proposition 207 Affects Arizona’s Marijuana’s Laws
The big changes that have been made to Arizona’s marijuana laws come courtesy of the recently passed Proposition 207. Many The voters in the 2020 election chose “yes” on Proposition 207, which is otherwise known as the Smart and Safe Arizona Act.
Arguably the biggest changes included in Proposition 207 were the ones related to the usage and possession of marijuana. Thanks to the new laws that have been enacted, it is now legal for adults over the age of twenty-one to use or possess up to one ounce of marijuana.
Notably, the relaxed laws mean that adults of the appropriate age no longer need a medical exception to use marijuana legally. Still, there are some restrictions in place regarding marijuana usage for adults.
Smoking Marijuana in Public
While Proposition 207 has relaxed many of the laws related to using marijuana recreationally, there are still limitations you need to know about. Among the limitations you must be familiar with are the ones that dictate where you can smoke marijuana.
Smoking marijuana in the comfort of your own home is not going to be an issue. Proposition 207 has made that act legal.
However, you cannot use marijuana if you are in public.
The laws specifically state that using marijuana in a public or open space is not allowed. It doesn’t matter if you’re of the legal age and you’re following amount restrictions, you can still be found in violation of the law by smoking marijuana where you shouldn’t.
Public Places Where Smoking Marijuana Is Not Allowed
The term “public space” is vague so let’s define it more clearly here. According to Arizona law, public space is “an enclosed area to which the public is invited or in which the public is permitted.”
Examples of public spaces where people are not allowed to use marijuana include airports, restaurants, and shopping malls. It’s also important to note here that not all the spots in your place of residence may allow marijuana.
For instance, you may be allowed to smoke marijuana inside your apartment, but that’s probably the only place in that establishment where that activity is allowed. If you are planning to hang out in one of your apartment’s common areas, don’t bother bringing marijuana along because you’re not allowed to use it there.
Another notable wrinkle here is that your private residence can be deemed a public place as well depending on how it is being used. Homes that are being used as care facilities are considered public spaces too. Don’t smoke marijuana if your home is being used in that way unless you want to run afoul of the law.
Open Spaces Where Smoking Marijuana Is Not Allowed
Now that we’ve defined public spaces, let’s turn our attention to open spaces. The state of Arizona defines open spaces as parks, pedestrian thoroughfares, sidewalks, and walkways.
It doesn’t matter whether you isolate yourself while at the park or any other open space. Smoking marijuana there is illegal and you will be penalized if you are caught.
Speaking of penalties…
The Penalties for Getting Caught Smoking Marijuana in Public
Although using marijuana in private is now legal for adults in Arizona, that doesn’t mean that you can subject anyone to that activity. You still need to keep that action private. Failing to do so could lead to you facing some penalties.
The first time you are cited for smoking marijuana in public, you will be charged with a petty offense. The penalty for committing a petty offense is a fine. The fine for a petty offense is capped at $300.
You do not need to worry about jail time if you are caught smoking marijuana in public once.
Getting cited for using marijuana in public multiple times is a different issue. This time around, you will be charged with a class 3 misdemeanor.
Unlike petty offenses, class 3 misdemeanors carry two penalties. The first is a fine. The maximum amount you may pay after being found guilty of committing a class 3 misdemeanor is $500.
Violators may also be staring at potential jail time after they’re caught using marijuana in public more than once. The maximum jail sentence for that violation is 30 days. Partnering with an experienced attorney could help you get that sentence reduced, though.
Marijuana and the Workplace
Proposition 207 has not placed limitations on what employers can do with regards to marijuana. Employers are still allowed to set up their own rules regarding marijuana usage within the workplace.
As an employer, you can decide to prohibit the use of marijuana in the office. You can also enact certain policies that limit marijuana usage for your employees.
Upon being caught, an employee may argue that they were not smoking marijuana inside the office. They may argue that using marijuana in the parking lot or shared bathroom is not equivalent to smoking marijuana inside the workplace.
Even if they technically were not using marijuana inside the office, they may still violate certain rules. More specifically, smoking marijuana in those places constitutes using marijuana in public. You can report them to law enforcement for that violation and penalize them as you see fit for their actions.
Understandably, you may be worried that your current or former employee may attempt to sue you after you reprimanded them. Don’t be afraid because Arizona has laws in place that protect employers from being sued by former employees who were fired after doing drugs or drinking on the job.
The bottom line here for employees is that marijuana usage is best confined to the home. Bringing that habit to work without clearing it with your employer first can lead to some serious trouble. You can steer clear of that potential headache by only using marijuana in your place of residence.
Disqualifying Applicants for Marijuana Usage
Business owners are not required to allow or even accommodate their employees who use, possess, or display marijuana. If you’ve already established guidelines indicating that marijuana is not allowed in your place of business, you can reprimand your employees for violating them.
Some employers want to maintain drug-free work settings, which is why they are careful about who they hire. In pursuit of maintaining a drug-free workspace, you can ask applicants to participate in a drug test. If an applicant tests positive for marijuana, you are well within your rights as an employer to decline offering the job.
There is an exception for those who have been cleared for medical marijuana usage. Employers cannot cite a positive marijuana test as the reason why they denied an applicant if that person in question has medical marijuana exception.
Still, even those with a medical marijuana exception can only use the substance at home. If you found them smoking at work, you can penalize them.
One more thing to point out here is that marijuana users may be disqualified from certain jobs even if they have a medical exception. Using marijuana while performing certain tasks may bring up safety concerns. The safety of people on the job site takes precedence in that scenario.
How Smoking Marijuana Affects Your Driving Privileges
Many of us often associate driving under the influence or DUI violations with drunk driving. It’s easy to understand why that happens because many DUI violations do indeed involve individuals who have consumed way too much alcohol still trying to operate their vehicles.
You should know that you can still be cited for a DUI violation even if you only used marijuana. Driving under the influence of marijuana was illegal prior to the enactment of Proposition 207 and that remains the case today.
Why Driving Under the Influence of Marijuana Is Illegal
The dangers of driving under the influence of alcohol are well known but don’t discount how much marijuana usage can impair you as well. The CDC has highlighted the different ways in which marijuana usage can affect your driving skills.
Per this fact sheet from the CDC, using marijuana can slow down your reaction while also adversely affecting your ability to make decisions. Even your coordination and perception can be adversely affected by marijuana usage. You can easily imagine how negative effects such as those can prove deadly when you’re behind the wheel of your car.
At this point, there is no roadside test that can accurately tell if you recently used marijuana. Don’t assume that the lack of an accurate test means you can get away with driving under the influence of marijuana, though. You may still be tested for marijuana after a potential incident.
The tricky thing about marijuana too is that it tends to hang around in the human body. Studies have found that marijuana can still be detected in a person’s body even though the last time they smoked was days or even weeks before. Remember too that you can be cited for a DUI violation if a drug metabolite is found in your system.
Err on the side of caution and avoid driving if you know that your head is not clear after using marijuana. Disregarding your current condition can land you in big trouble.
The Penalties for Getting Caught Driving Under the Influence of Marijuana
The penalties for getting caught driving while under the influence of marijuana are harsher than the ones levied for smoking the substance in public. That holds true even for first-time offenders.
The first time you’re caught driving under the influence of marijuana, you will be sentenced to spend at least ten consecutive days in jail. You will also be fined not less than $1250 for your negligent actions. Offenders also render community service.
Individuals found guilty of driving under the influence also need to take part in education, screening, and treatment programs. Participating in one of those programs should teach you how dangerous impaired driving can truly be.
Penalties become more severe for repeat offenses.
The fine is now a minimum of $3000 while your jail sentence will be no shorter than 90 days. Rendering community service and participating in education, screening, and treatment programs also remain as requirements. They may revoke your driver’s license for twelve months if you are guilty of driving under the influence of marijuana more than once.
Can You Smoke Marijuana in Your Vehicle if You Are Not Driving?
Driving under the influence of marijuana is prohibited in the state of Arizona, but what about smoking marijuana in your car? Is that illegal even if you do not intend to drive?
Even with no intention to drive, smoking marijuana inside your vehicle is still prohibited. That makes sense considering how marijuana can affect you physically and mentally. You may not be planning to use the vehicle, but you may still move it accidentally in your impaired state.
One wrong move can lead to an accident, so it’s best to avoid being anywhere near your vehicle if you’re smoking marijuana.
By the way, flying an airplane and controlling a boat are also illegal actions when performed under the influence of marijuana.
Were you recently cited for violating one of Arizona’s laws regarding marijuana? If that’s the case, you will need expert legal representation.
A good attorney will argue on your behalf and prove your innocence if you were wrongfully accused. Your attorney can also negotiate for more lenient penalties on your behalf if you were found guilty of violating certain laws.
We at the Schill Law Group are ready to lend our legal expertise to all Arizona residents. Contact us today if you need expert legal minds fighting for you.
by John Schill | Feb 18, 2021 | Blog, Felony
Is fraud a felony in the state of Arizona? Considering how potentially damaging the crime of fraud can be, it should come as no surprise that most occurrences of it are considered felonies.
Still, fraud is a broad term, and it covers a wide variety of criminal offenses. Because of that, different kinds of fraud also come with different penalties.
In this article, we will take a closer look at some of the more common types of criminal fraud and how they are regarded in the state of Arizona. We will determine when certain actions become fraudulent and the penalties that you may receive if you commit them.
Please read on to learn more about fraud offenses in the state of Arizona.
Fraudulent Schemes and Artifices
The most serious type of fraudulent crime according to Arizona’s laws involves setting up an elaborate scheme to trick people. Think of pyramid schemes and other organized efforts to defraud hundreds and sometimes even thousands of people and you’re getting at what this law aims to prevent.
Organized schemes can drain people of their life savings and ruin them financially for decades. You don’t need to think hard to understand why such crimes are penalized so heavily.
An important thing to note about this fraud is that those guilty of it may be ineligible to have their sentence suspended or to be released from confinement. That is the case if the fraudulent scheme the person in question engaged in involved the manufacturing or selling of opioids valued at over $100,000.
If they find you guilty of a fraudulent scheme, you will receive a Class 2 felony.
Credit Card Fraud
Credit card fraud is prevalent in modern society. Advancements in technology allow us to connect easier than ever before. Unfortunately, nefarious individuals have taken advantage of that fact to commit credit card fraud.
The crime of credit card fraud can take on many forms.
Taking control of a credit card that isn’t yours without the owner’s consent is a fraud. Typically, the reason why a third party could assume control of the credit card was because they obtained vital information about it through fraudulent means. Some criminals have been known to use spam emails to obtain the credit card information of their targets.
Stealing a credit card by means of fraud is a Class 5 felony in the state of Arizona.
Making unauthorized alterations to your credit card is another form of fraud. If there’s something wrong with your credit card, you need to contact your bank about that first before doing anything. Acting on your own is an easy way to get into trouble.
Altering your credit card without authorization by the issuing bank is a Class 4 felony.
You could also be guilty of fraud if you knowingly use a credit card that is expired, canceled, or obtained through forgery. Notably, though, they won’t charge you with a felony automatically if you commit fraud this way.
Whether or not you will be charged with a felony depends on the amount you swindled out of others.
If you obtained money, goods, or services valued at over $250 but less than $1000 over a period of six months, you may receive a Class 6 felony. If the amount exceeds $1000, then you’re potentially looking at a Class 5 felony charge.
Insurance Fraud
Insurance fraud is right up there with credit card fraud in terms of how common they are, and you can commit insurance fraud in different ways.
Some people will fake injuries or fabricate incidents that supposedly took place to file a claim with their insurance provider. You can find people who will claim that they were injured in an accident even though they are fine. In extreme cases, some people may even set fire to their property to claim insurance payments.
People do those things in the hopes of receiving compensation even though they are not currently qualified to receive that financial benefit.
You should also know that providing fabricated pieces of evidence to support an insurance claim can be regarded as fraud. Honesty is important when filing an insurance claim because misrepresenting the facts or outright lying can land you in serious legal trouble.
Committing insurance fraud is a Class 5 felony in Arizona.
Mortgage Fraud
New homes are major investments, and most people cannot pay them off in one go. Usually, buyers will take out mortgages to afford their new homes.
Lenders are careful when it comes to choosing who they will approve for loans. They need to be because they don’t want borrowers who will struggle to make payments. They are businesses after all, and they need paying customers to turn profits.
Because of how strict lenders tend to be during the approval process, some borrowers feel pressure to embellish or simply lie to receive their money. The temptation to lie in that situation can be overwhelming, but you need to avoid committing that white collar crime.
Lying on your mortgage application or simply withholding information that can have a material impact on it in one way or another constitutes fraud. Further actions involving that fraudulent loan may also be a crime.
The penalties you may face depend on your history when it comes to mortgage fraud. The penalties you may face depend on your history when it comes to mortgage fraud. Those who were guilty of committing mortgage fraud for the first time in Arizona will receive a Class 4 felony. Repeatedly engaging in this pattern of behavior may land you a Class 2 felony charge.
Fraudulent Attempt to Sell a Home Owned by a Married Couple
A lot of couples opt to take joint ownership of a significant investment such as a new home. It’s not something many married couples worry about because they don’t assume that anything will happen that can change their relationship.
Sadly, not all marriages last, and once happy couples seek a divorce for one reason or another. In cases where the split is amicable, the division of assets is no problem. It can be handled properly by the former couple and their attorneys.
Not all divorce proceedings are amicable, though. There are cases where the opposing sides attempt to ruin one another.
As a last-ditch effort to make their former partner miserable, one of the spouses may attempt to sell their home even though their partner’s consent is required for that transaction. To get around that problem, the seller may indicate that their former spouse is also onboard with the idea.
That kind of action is a criminal offense. It is specifically seen as a Class 5 felony in Arizona.
Seller Fraud
Online selling has become a viable way of making money for many people these days. You can easily find people with the entrepreneurial spirit using social media to promote their goods and services.
Small business owners benefit greatly from the emergence of the online marketplace. However, some devious individuals take advantage of the online marketplace to trick people.
Bogus sellers will accept payments online then suddenly terminate their account to make themselves difficult to track down. Others may claim that they have sent the goods, but the delivery services lost them and there is now nothing they can do.
Failing to provide goods or services that were purchased from you legally is a crime.
This is another case where the amount of the goods or services bought will determine the severity of the crime committed. If the total amount of transactions that took place over six months is valued at over $100, they can charge the person who failed to provide the goods or services with a Class 6 felony.
Utility Services Fraud
Paying for utilities every month can be expensive. If you’re having a tough time keeping up with your food expenses, you may neglect those utilities and accidentally allow them to pass their deadlines.
Tinkering with those utilities and their connections can spell trouble for you from a legal standpoint.
Connecting a property to a supply line after a utility person cuts it off is illegal unless the service in question authorized it. Manipulating the connections so that the meter measures the consumption of a particular utility is also illegal. Even if you were not the one who changed the connection, you can still be penalized if it’s proven that you knew about the tampering.
Other forms of tampering with utility services that companies did not consent to are all considered illegal actions.
That kind of violation is a Class 6 felony.
Welfare Fraud
The government provides welfare programs to help support their less fortunate citizens. Some of these welfare programs give people a means to obtain food.
Welfare programs are supposed to provide support for a select group of citizens. Not everyone is eligible for them, although some individuals may attempt to trick the system to receive benefits they don’t deserve.
Engaging in welfare fraud is a crime. Those who are guilty of committing welfare fraud will receive a Class 6 felony.
Insolvency Fraud
Insolvency proceedings sometimes become necessary when a company or individual is no longer capable of meeting their debts. The proceedings allow the company or individual in question to setup payment plans. If the proceedings go well, they can weather the storm somewhat.
Some individuals may attempt to defraud their creditors, however.
They may do so by falsifying documents, misrepresenting their possessions, or even damaging their own property. People going through insolvency proceedings may do those things to hold on to whatever possessions they can.
Needless to say, committing insolvency fraud is a bad idea. Anyone guilty of insolvency fraud may receive a Class 6 felony.
The Penalties for Committing Fraud
Is fraud a felony in the state of Arizona? We’ve now determined that several types are felonies in the eyes of the law.
But what does committing a felony entail? What penalties could you face after being found guilty of committing a felony?
The penalties you may need to face will vary depending on the specific type of felony you committed. Let’s go over them in this section.
Class 6 Felonies
Class 6 felonies carry the lightest penalties.
The minimum sentence for committing a Class 6 felony is six months in prison. Presumptive sentences go up to a full year, while the maximum length of a prison sentence for that type of crime is eighteen months.
Class 5 Felonies
Committing a Class 5 felony means that you will likely spend nine months in prison. If you get the presumptive sentence, you will endure eighteen months. The maximum for a Class 5 felony is two years.
Class 4 Felonies
Individuals guilty of committing a Class 4 felony will spend eighteen months in prison on the low end. A presumptive prison sentence for a Class 4 felony is two and a half years. The maximum sentence for this crime is three years in prison.
Class 2 Felonies
None of the felonies we discussed here in this article are Class 3 felonies, so let’s skip ahead to Class 2 felonies. Class 2 felonies carry heavy penalties.
The minimum sentence lasts for four years. After that, you have the presumptive sentence that is set at five years. Those who are handed down a maximum sentence for committing a Class 2 felony are likely going to spend the next ten years in prison.
Additional Penalties
Being a repeat offender means that you will receive even harsher penalties for your crimes. In some cases, offenders may be sentenced to more than thirty years in prison due to their repeated violations.
Felony fraud charges need to be taken seriously. You must be ready to fight back against false charges or else you could end up in prison for a crime you did not commit. Get in touch with us at the Schill Law Group today and we’ll help you handle those felony fraud charges.
by John Schill | Jan 22, 2021 | Blog, Misdemeanor
The call of nature is not something we can ignore for long. Most of the time, heeding the call is no problem, but that’s not the case when you’re in public. As you’ll soon learn, engaging in public urination is not a good idea.
The state of Arizona has laws in place that discourage urinating in public. Even if you don’t know about them, you can still be found in violation of them by the court.
Find out more about the laws regarding public urination in Arizona by reading on. By the time you finish this article, you’ll understand why you should never try to answer the call of nature anywhere outside of a restroom.
Public Urination According to Arizona Law
As noted earlier, the state of Arizona has laws that actively discourage people from urinating in public. You can find the laws concerning public urination in Arizona in Title 36 of the state’s revised statutes.
Title 36 of Arizona law outlines public health and safety guidelines for the state. Found in Title 36 is Chapter 6, which governs public health control.
Take a closer look at Article 1 in Chapter 6, and you’ll find the conditions that the state of Arizona considers to be public nuisances that are dangerous to public health. To be more specific, paragraph 13 in Article 1 notes that spitting or urinating on floors, sidewalks, and walls of buildings, are all public nuisances.
The same paragraph notes that spitting or urinating on the floors and/or platforms of public forms of transportation can also be public nuisances. You can say the same thing for spitting or urinating on any other part of public transportation.
Why Do People Urinate in Public?
Deciding to urinate in public is not a good idea. You don’t need a law to tell you as much.
So, why do people still urinate in public? There are several potential explanations.
In many cases, someone decides it’s a good idea to urinate in public because they’ve already had too much to drink. Being intoxicated often causes people to become more susceptible to making bad decisions. That’s part of the reason why way too many people engage in irresponsible and dangerous activities such as drunk driving.
Some folks also tend to think that urinating in public is okay after a night of partying. With the bathrooms in the bar or club crowded, partygoers may decide to head outside to relieve themselves, which is not a smart move.
Some people do not regard urinating in public as a big deal. Urine may not be a hazardous substance, but it can still be an irritant. The smell can be off-putting especially if the urine is not cleared away quickly.
People can come up with all kinds of reasons or justifications for why they decided to urinate in public. At the end of the day though, you’re still violating Arizona law if you engage in that activity no matter what reason you have.
What Are the Penalties for Public Urination in Arizona?
The next time you get the idea to urinate in public, take a moment to think about the penalties you may potentially face. Public urination is considered as a class 1 misdemeanor in Arizona. That means you could be looking at some serious penalties because of your poor judgment.
First off, those who are found guilty of urinating in public may face jail time. They may be ordered to spend six months in jail. Notably, six months is the maximum jail sentence for your first violation, so there’s a chance that you can negotiate the length of the sentence down.
You should also know that the court may order you to serve your full sentence. Loopholes that could have given you a way out of jail sentence may be sealed shut by that court order.
Jail time is not the only thing you have to worry about if you urinate in public. In addition to that penalty, you may also pay a fine. The fine for a violation such as that is no lower than $150 and it can also go as high as $2,500.
Violators may also receive probation time. You may be put on probation for up to three years due to your public urination charge.
A class 1 misdemeanor violation can also hurt you in other ways. Remember that your conviction will stay on your criminal record. That blemish on your criminal record may make it harder for you to find a job later on.
Lastly, the penalties may grow worse for subsequent misdemeanor violations. You could find yourself in some hot water if you continue to disregard the laws regarding public urination.
How Do You Fight Public Urination Charges?
The penalties linked to public urination can be as bad as the ones stemming from a DUI charge. You cannot shrug off a public urination charge and hope that things will work out for you. Instead, you need to be proactive and fight against the charges.
The first thing you need to do once you learn that authorities are planning to press charges is to find a lawyer. Getting a lawyer is a good idea in any legal scenario, but it’s even more important here, considering what you’re up against.
A lawyer can help you fight against a public urination charge in different ways. Let’s discuss them further below.
Casting Doubt on the Police Officer’s Testimony
In a case such as this, the authorities will need to prove that you urinated in public. You might assume that you’re in the clear because you didn’t urinate in public, but the police may be insistent on their point. They may believe that you committed a violation because they could not see what you were doing and got the wrong idea.
If it’s going to be your word against police testimony, you will probably need some help. That’s where the lawyer comes in.
Your lawyer can help formulate defenses against the mistaken testimony of the police. After examining the facts of your case, your lawyer can start poking holes in the testimony of the police. If there are any inconsistencies in the testimony, an experienced lawyer can identify them.
Gathering Evidence Disproving Your Public Urination Charge
The best evidence the police may come up with to mistakenly charge you with public urination is their own testimony. It’s true that their testimonies often hold a lot of weight with juries, but it’s not without fault. Police officers can still make mistakes.
With a good lawyer by your side, the two of you can work on gathering evidence that disproves the notion that you were urinating in public. Your lawyer can get in touch with any establishments near the area and ask if they have video footage that could help in your case. They may also approach the police themselves and seek footage from their cameras to determine what they saw.
People at the scene where you were supposedly urinating in public may also be willing to vouch for your innocence. Your lawyer can get in touch with them and ask them to provide statements.
The bottom line here is that public urination charges against you won’t stick if you truly didn’t commit that violation. Work with a lawyer to uncover the evidence that proves your innocence and put this unpleasant ordeal behind you.
Preparing You for the Upcoming Trial
One more reason why you need the help of a lawyer when fighting against a public urination charge is the likelihood that the case will head to trial. This is not the type of case where the police or the prosecutors are typically willing to negotiate. Often, cases that involve public urination go to trial, and you need to prepare for that.
Your lawyer can help prepare you for that upcoming court date. A competent lawyer can coach you in court and make the case for the truth. They will let the facts speak for themselves, and that will be to your benefit.
Since some folks may think that a trial for public urination is not a big deal, they may want to represent themselves. Doing that is risky. You could end up losing a case you should win.
Give yourself the best chance of beating a bogus public urination charge by working with a lawyer.
Could You Face an Indecent Exposure Charge along with a Public Urination Charge?
Urinating in public is something you should never do. It’s inappropriate, unsanitary, and potentially costly for you from a legal standpoint.
We’ve already outlined how a public urination charge can affect you, but that’s not the only thing you need to worry about. You may also receive an indecent exposure charge depending on what happened while you were urinating in public.
Because of how intoxicated you were, you may not have been aware of the actions you were making at the time. Even if you did so without fully knowing what you were doing, you still may have exposed yourself to others while you were urinating.
According to Arizona Law, a person who exposes their genitals in a way that would offend or alarm another person can receive a charge for indecent exposure. Whether you were fueled by alcohol or not, doing something like that can put you in a tough spot.
What Are the Penalties for Indecent Exposure in Arizona?
Indecent exposure is a class 1 misdemeanor in Arizona. Like public urination, the penalties for indecent exposure can impact you in a variety of ways.
Jail time is something you need to worry about again. Remember that the maximum jail sentence for someone who commits a class 1 misdemeanor is six months.
Fines will also be imposed on those who are found guilty of indecent exposure. The minimum fine is $150, but you may pay as much as $2,500.
Probation is another penalty often handed down to individuals found guilty of indecent exposure. You may be put on probation for up to three years due to your violation.
Don’t forget about the mark on your criminal record that an indecent exposure conviction will leave behind. You may have a hard time landing a job with that mark on your record.
How the Penalties for Indecent Exposure Can Get Worse
The penalties for indecent exposure can get worse, depending on the circumstances.
If this wasn’t the first time, you will face tougher penalties as a result. A person guilty of indecent exposure may receive harsher penalties if they exposed themselves to someone under fifteen years of age.
The indecent exposure charge may no longer be a class 1 misdemeanor. Instead, it may be a class 6 felony.
The charge elevating to a felony means that the sentence you serve may change. Six months in jail is no longer the maximum punishment you may receive.
After being charged with a class 6 felony, you could be looking at a potential six -month stay in prison. You should also know that the standard prison sentence for a class 6 felony is one year in prison while the maximum sentence is eighteen months.
Things can spiral out of control in a hurry after a momentary lapse in judgment that led to you thinking urinating in public is acceptable behavior. Avoid that activity altogether and save yourself from a lot of potential problems.
It’s a different matter if your issues are stemming from false accusations. You’ll need a lawyer in that scenario. Get in touch with us at the Schill Law Group, and we’ll fight to ensure that you are not found guilty of a bogus public urination charge.
by John Schill | Jan 21, 2021 | Assault
CRIMINAL DEFENSE LAWYERS
OVER 100 YEARS COMBINED EXPERIENCE
Fighting False Rape Accusations
Authorities must take rape accusations seriously. They must hear the charges and fully punish those guilty of harming women. Still, there are instances where a person may be in a tough spot due to false rape accusations against them.
As a society, we must not dismiss credible rape allegations, but we cannot allow false accusations to go unchallenged.
False rape accusations can be damaging in more ways than one. Make sure that the truth is revealed by finding out how you can combat false charges made against you. Please feel free to continue with the article to find out more about this essential topic.
How Arizona Law Defines Rape
The state of Arizona has various laws that focus on sex crimes. They vary in terms of the specific actions committed by the suspect. Let’s discuss them in greater detail below.
Sexual Assault
The first type of sex crime is sexual assault. Per Arizona law, sexual assault occurs when a person intentionally engages in oral sexual contact or sexual intercourse with another person who did not provide consent.
Sexual Conduct with a Minor
Arizona law also accounts for sexual conduct with a minor. Sexual conduct with a minor takes place when an individual intentionally engages in oral sexual contact or sexual intercourse with another person who is under eighteen years of age.
Sexual Abuse
Sexual abuse is another sex crime in Arizona. In cases of sexual abuse, the victim accuses the suspect of intentionally engaging in sexual contact. The case becomes a form of sexual abuse because the woman either did not provide consent or was under fifteen years of age at the time.
The Penalties for Committing Rape in Arizona
Crimes of a sexual nature are taken seriously in Arizona. They come with corresponding penalties that can lead to long prison sentences. Find out more about what those penalties are in this section of the article.
Penalties for Sexual Assault
Sexual assault is considered a class 2 felony in the state of Arizona. The minimum sentence for a class 2 felony in the state is four years in prison. The standard sentence is five years, while the maximum is ten years.
You should know that the length of the prison sentence for a sexual assault charge can change depending on certain circumstances. For instance, if the defendant in question is guilty of using certain chemicals prior to the assault, the minimum sentence becomes five years and four months; the standard sentence is seven years, while the maximum sentence goes up to fourteen years.
Individuals who injured their victim during the assault may receive life in prison with no possibility of parole.
Penalties for Sexual Conduct with a Minor
The age of the victim plays a significant part in determining what penalties a defendant may face after they are convicted of engaging in sexual conduct with a minor.
If the victim is 12 years old or younger, the suspect can be sentenced to life imprisonment with no possibility of parole. If the victim is twelve years old or younger, the suspect can receive life imprisonment with no possibility of parole. If the victim is above twelve years of age but not yet fifteen years old, the crime will be considered a class 2 felony, and the penalties mentioned previously will apply.
In a case where the victim is at least fifteen years of age, the crime will be considered a class 6 felony. The minimum penalty for a class 6 felony is six months in prison. The standard sentence is one year in prison and the maximum sentence is eighteen months in prison.
Penalties for Sexual Abuse
Age again plays a role in determining which penalties they impose upon those guilty of committing sexual abuse.
If the victim in the case is under fifteen years old, the crime will be a class 3 felony. Class 3 felonies come with a minimum sentence of two and a half years in prison, a standard sentence of three and a half years, and a maximum sentence of seven years.
Now, if the victim is fifteen or older, the crime will be considered a class 5 felony. Individuals charged will face a minimum sentence of nine months in prison. The standard sentence is eighteen months in prison, and the maximum sentence is two years.
The Other Penalties for Committing Sexual Crimes
Imprisonment is the main penalty that’s imposed upon those who commit the crime of rape, but that’s not the only thing.
Individuals found guilty of rape also become alienated from their friends, family members, and their community. They are treated as pariahs and saddled with a tarnished reputation they cannot shed. Finding work after you leave prison may also prove to be a nearly impossible undertaking if authorities convicted you of committing rape previously.
To be clear, individuals who are guilty of rape deserve to experience the consequences of their actions. The experience of being raped can have a life-long impact on their victim. The actions of guilty parties should not be easily forgotten.
Why Do People Make False Rape Accusations?
Now that we know more about how the state of Arizona defines rape and punishes those found guilty of the crime, let’s move to the topic of false rape accusations. To get started, let’s talk more about why people make those bogus accusations in the first place.
An Attempt to Gain an Advantage during Divorce Proceedings
It’s no secret that some marriages end badly. Even if the two sides have already agreed that divorce is necessary, that doesn’t mean the process itself will be orderly. If anything, tensions may rise during the divorce proceedings, and the entire ordeal may become more acrimonious.
To gain an edge during the increasingly more contentious divorce proceedings, one of the parties may allege that they were raped. Such a claim can completely shake up the proceedings and alter how it will ultimately go. Even if things were looking favorable for you at one point, that can flip quickly if your former spouse accuses you of rape.
With the false rape accusations now out there, your former spouse may gain more leverage. Your former partner may receive full custody of your children, and you may need to pay a substantial amount of spousal support while you deal with the fallout of the bogus allegations.
An Attempt to Extort Money
Money can motivate some people to do some underhanded things. In desperate times, people may even resort to extortion to keep their heads above water.
If you’re a successful entrepreneur in your community, you could end up being a target of an extortion attempt. An employee of yours may falsely accuse you of rape to squeeze money out of you.
An Attempt to Save Face
Picture this scenario: You entered a romantic relationship with another person, not knowing that the person in question was married. After some time, you discovered your partner’s cheating ways. Suddenly, your partner is now accusing you of rape to save their reputation and potentially salvage their marriage.
That would be a tough spot for you to be in, and it’s sadly not an impossible scenario. Getting divorced could be damaging to someone financially, and they may want to preserve their marriage any way they can, even if that means ruining an innocent person’s life in the process.
A Desire to Exact Revenge
You don’t need to be in the middle of divorce proceedings to receive a false rape charge. A jilted lover who is not happy with the end of a relationship may seek retaliation by lobbing false accusations against you.
Imagining such a scenario is difficult for many, but it can happen. The aftermath of a breakup can sometimes be difficult for individuals to deal with. Because of that, they resort to doing anything they can to hurt the person they once loved.
How to Disprove False Rape Accusations
Dealing with false rape accusations can be the most stressful experience of your life. However, you cannot afford to roll over. You must fight for your innocence and your reputation.
For this part of the article, we’ll focus on the things you must do to disprove the false rape allegations against you.
Hire a Lawyer Immediately
Before you do anything else in your attempt to disprove the false rape allegations that have come your way, you must first hire a lawyer. Understand that people will scrutinize all your actions after someone accuses you of raping them. You cannot afford to make a misstep that will make you look guilty.
Hire a lawyer right away and begin consulting with them. Talk to your lawyer before making any move to ensure that you aren’t doing something that could jeopardize your freedom.
Gather as Much Evidence as You Can
Following a sexual encounter with another person, that individual in question may attempt to take advantage of you by threatening to accuse you of rape. Even if it was consensual, your accuser may change their tune after the fact to get you to pay up.
One of the best things you can do in that scenario is to collect as much evidence as you can. Keep any messages – texts, emails, messages sent via apps – sent to you by your accuser, and don’t delete them. Preserve them to show that what happened between the two of you was consensual.
Witness testimony can also prove helpful to you. If there are people who saw the two of you together prior to what happened, they can provide context for what happened that day.
Your accuser will have a hard time coming up with physical evidence or even witness testimony to prove that you raped them if the allegations they’re making are all lies. On the other hand, you should gather a collection of evidence that you can use in court.
Minimize Contact and Communication with Your Accuser
Being on the receiving end of false rape allegations can be a destabilizing experience for anyone. While in that vulnerable state, your accuser may attempt to take advantage of you. They may try to get you to say or do things that could make you appear hostile towards them.
Obviously, it would be understandable if you are angry at the person making false accusations against you, but you cannot fall for their trap. One of the worst things you can do at that point is to give in to them and provide them with ammunition they can use against you during the trial.
The best thing you can do once you’ve decided to fight the false rape accusations is to cut off all contact with your accuser.
If cutting off contact is impossible because they’re your former spouse and the two of you are in the middle of divorce proceedings, look to minimize your interactions instead. In a situation such as that, ensure that all your communications are in writing, and feel free to bring other people along to bear witness to your interactions.
Stand Firm and Let the Facts Speak for Themselves
False rape accusations tend to fall apart under the slightest bit of scrutiny because they hold no substance whatsoever. At the end of the day, your accuser will still need to prove that you did something wrong, and they will have a hard time pulling that off with no evidence to work with.
Listen to your lawyer and remain firm at this time. Don’t forget that the facts of the case are on your side. As long as the facts are allowed to determine the case, you have nothing to fear.
Conclusion
False rape accusations are no joke. Fail to take them seriously, and you could end up in prison with a reputation in tatters.
Combat false rape accusations that may come your way by partnering with us at the Schill Law Group. Contact us today, and let’s work together on your defense against those baseless accusations.
