by gary | Jan 13, 2025 | DUI
Driving under the influence is regarded as a criminal offense in Arizona. So, DUI charges are dealt with in criminal court. While you have a right to represent yourself in court, hiring a DUI attorney increases the chances of a better outcome. In fact, the majority of defendants in Scottsdale, AZ either higher an exclusive lawyer or are represented by a public defender. Since DUI law is complicated and continuously updated, and each case is unique, hiring a DUI attorney in Scottsdale Arizona increases the chances of a favorable outcome.
Why You Need a DUI Lawyer
Since driving under the influence in Arizona is a serious crime, you will need a legal representative even if it’s your first offense. A DUI lawyer with experience in defending both misdemeanor and felony cases will help you avoid severe penalties like heavy fines, time in the country jail, or your driver’s license being suspended.
The potential consequences of the first DUI offense can be harsher if it is classified as Extreme DUI or Super Extreme DUI. In such as case, an aggravated DUI comes with mandatory prison time. A DUI lawyer will represent you in a criminal court to prevent adverse outcomes of your case by ensuring all facts are considered.
It is important to have a lawyer who will go through every detail of a DUI case to build a defense. The offense will usually go on your criminal and driving record, and a single mistake can impact your life for years. You may end up with a tarnished reputation, higher insurance premiums, and limited career opportunities. Being convicted of a DUI can also result in a strained relationship with friends and family and harm your immigration status if you are a non-citizen.
With a lot at stake, the need for an experienced and competent legal representation cannot be overlooked. You will need a DUI attorney to help you navigate the criminal justice system, ensuring that your rights, freedom, and future are protected.
How an Experienced DUI Attorney Helps
If you are facing a DUI case in Arizona, you will need an attorney to protect your rights and advocate for your interests from the moment it opens until the end. The lawyer will improve the chances of the case closing with a favorable outcome in several ways:
- Challenge Your DUI Arrest: The lawyer will check for any procedural flaws in your arrest to verify that the officer who arrested you has reasonable suspicion to call for a traffic stop. Was there any evidence of driving impairment such as sudden swerving, erratic driving, or speeding?
- Challenge Evidence: A DUI lawyer knows how to challenge the evidence being produced in court. They will investigate the case for any inconsistencies, pointing out inconclusive evidence such as field sobriety tests. This ensures that any weak links in the prosecution’s case are located for a better outcome on your side.
- Work to Reduce the DUI Charge: Sometimes a DUI conviction becomes inevitable and you will need an experienced DUI attorney to help reduce the charges. The lawyer could work to have the prosecutor reduce the charge during the court process. They could help in reducing the charges from a felony to a misdemeanor, softening the consequences that you will face, including reduced jail time and fines.
- Protect Your Driving Privileges: One of the major consequences to may face as a first offense Dui is license suspension. The police may take away your license during arrest and give you a temporary driving permit. You are then required to schedule a hearing with the Arizona Department of Transportation (ADOT) within 30 days to contest the suspension. A DUI lawyer can request the hearing on time and represent you, protecting your driving privileges throughout the process.
- Help Clean Up Your Record: Even after paying your penalties, your conviction is not automatically expunged so you can start fresh without a stain on your reputation. A DUI lawyer will guide you through petitioning to have your DUI conviction expunged if you are eligible.
Choose a Scottsdale DUI Lawyer You Can Trust
A DUI is a major concern in Scottsdale, Arizona because of the potential long-term consequences if convicted, even for a first-offense DUI. We highly recommend Schill Law Group for their excellent defense services and for going the extra mile in fighting for a favorable outcome. Not only will your mind be at ease during the entire process, but you will be working with a defense team that will guide you every step of the way.
by gary | Jan 13, 2025 | Child custody
Who Claims Child On Taxes with 50/50 Custody?
Under federal law, the parent who qualifies as he custodial parent is the one who can claim the children as dependents. Generally, this is the parent who has lived with the child for a longer period during the year as explained by the Internal Revenue Service (IRS). Under the same provisions, there is no such thing as joint custody, which makes it imperative to understand who claims a child on taxes with 50/50 custody.
Understanding Who Claims Child On Taxes with 50/50 Custody
Relationship statuses often complicate taxes, with divorce or separation changing your filing status including who you can claim as dependent on your tax return. Even if you are still married, you may still question whether both you and your spouse can claim dependents, especially if you file separately.
The IRS allows parents to reduce their tax liability by claiming a dependent child on their tax return. This offers several benefits, such as helping you qualify for certain deductions and tax credits that could lower your taxable income. However, you must meet certain criteria related to your relationship with the child, financial support, residency, and income.
Although divorce or separation turns one household into two, both parents cannot claim their children as dependents when it comes to filing taxes. The IRS law states, “One taxpayer, one dependent.” This means that when divorced parents file their taxes separately, only one parent can claim their child as a dependent in a tax year,
Can You Claim the Child On Taxes with Shared Custody?
In a 50/50 custody arrangement, both parents share equal responsibility and time with their child. The child spends an equal amount of time during a year living with each parent. Both parents are also equally involved in making important decisions about the welfare of their child. However, when it comes to claiming child of taxes, the approach is not that straightforward.
The custodial parent is the one with 183 overnights or more. If you share parenting time with your spouse equally (50/50), you must have at least one more overnight than your spouse. This is naturally possible because there are an odd number of days in a year (365), which means that one parent will have one more day than the other.
Usually, one parent will have 183 overnights while the other will have 182 overnights. Automatically, this means that the one with the 183 overnights is entitled to state and federal tax deductions and exemptions. Since there are no dual-custodial parents under the IRS regulations, only one of the parents can claim the tax benefits and not both.
Can You Agree on Who Will Claim the Tax Benefit?
Getting the 183 overnights in a year may not always be possible. You may go for a long vacation or certain circumstances about the holiday parenting time may result in the other parent having more time in a year. Since you both want the best interest of your child, it is best for the parents in shared custody agree on who will claim the child on their taxes for the year.
Many parents with 50/50 custody simply divide the tax benefits and alternative years in making the claim. One parent will claim the benefits in the first year and the other in the second year. If you have multiple children, you can allocate the child credits in a way that one parent claims the same child every year while the other claims another child. If you have three children, you can allocate a child to one parent, the second to the other, and then alternate to the third child over the years.
What Tax Credits Are Available to Divorced Parents
You can qualify for several credits, benefits, and exemptions under federal and state tax laws. For divorced parents in a shared (50/50) custody, these may include:
- Child and Dependent Care Credit
- Child Tax Credit
- Earned Income Tax Credit (EITC)
- Head of Household Filing Status
- Credit for Other Dependents
- Education Credits
To make the claims, a parent must meet all other qualifications of a tax benefit. For instance, one parent must pay for childcare expenses while the other works to claim the Child and Dependent Care Credit.
Get Support from Experienced Lawyers
The decision of who claims child on taxes with 50/50 custody often raises issues concerning both federal tax laws and state domestic relationships. You need to consider the tax consequences of your decisions if you want to make things easier. Hiring an experienced lawyer will help you negotiate a parenting plan that will allocate the credits and exemptions to reduce arguments in the future. Get in touch with our attorneys at Schill Law Group to help you deal with such issues.
by gary | Dec 25, 2024 | Domestic Violence
Domestic violence in Phoenix is a serious matter whether you are the victim or alleged aggressor. Depending on the specific situation, the case could be a misdemeanor or felony charge. Although most police reports may indicate such cases as being easy, you will need a professional lawyer to investigate the facts and get a favorable judgment.
What is Domestic Violence in Phoenix
Domestic violence refers to any kind of acts, threatened acts, or violence between people who are in a domestic relationship. The violence may vary greatly, but the charges fall in almost similar circumstances. These may be files for an actual act of violence or threatening to harm, abuse, or inflict violence against your partner.
To convict a person of domestic violence, the state prosecutor must show that the defendant acted in a way that posed a danger against a child, spouse, or any other criminal offense listed in the penal code. This may be a dangerous crime against someone who they:
- Are currently or formerly married
- Have a child in common with
- Live of used to live with
- Related by blood or court order
- Have a sexual or romantic relationship with
Why Do You Need a Domestic Violence Lawyer in Phoenix?
Most domestic violence cases are usually emotionally complicated. This can make getting all the facts a complex process, but crucial in influencing the outcome of the case. Usually, your attorney will tell your side of the story to the court without relying on another person’s perspective or version of the events.
When responding to a call related to domestic violence, police are often compelled to arrest the person, even when there is a lack of evidence to support criminal charges. The alleged offender may also be taken into custody due to false or exaggerated allegations.
In some cases, the alleged victim may say that he or she does not want or press any charges. However, the persecutor is the one who handles the case and has all the power to make that decision.
By hiring a skilled domestic violence attorney in Phoenix, you are assured that your side of the story will be represented accurately. You will have a legal expert to protect your rights and interests and guide you through the court process. The lawyer can dedicate themselves to discovering the facts of the case. Based on these facts, they can then defend you against the charges and increase the chances of getting a favorable case outcome.
Who Needs a Domestic Violence Lawyer in Phoenix?
Domestic violence in Phoenix includes all kinds of violent offenses committed by an aggressor against their family or members of their household. This means that the victim in the case may be a current or former spouse, a girlfriend or boyfriend, a roommate, a parent, a child, or any other person who resides in the same household.
If you have been charged with such a crime, you will need a domestic violence lawyer to represent you. It is also important to note that domestic violence in Phoenix is not just physical abuse, but also includes a variety of abuse behaviors, including:
- Harassment
- Stalking
- Sexual assault
- Intimidation
- Physical assault
- Emotional abuse
- Verbal threats
- Psychological abuse
- Unlawful imprisonment
- Secretly photographing, filming, videotaping, or viewing
- Interference with judicial proceedings
- Preventing the use of a telephone in an emergency
- Use of telephone to intimidate, terrify, threaten, annoy, harass or offend
How a Phoenix Domestic Violence Attorney Can Help with Your Case
Domestic violence under Arizona law can be charged as any number of crimes depending on the specific situation. You could be facing a charge of assault, threatening, assault with a deadly weapon, batter, kidnapping, threatening, or even witness intimidation. In some situations, the case would also be considered as an aggravated assault.
Given how expansive the case can get, getting a lawyer experienced in Arizona domestic violence laws ensures that you are being accurately represented. Your case will be treated with the care it needs and all facts will be taken into consideration to ensure you are well presented.
Book a Domestic Violence Lawyer in Phoenix Today
If you have a domestic violence case in Phoenix, you need a lawyer that you can trust will represent your side of the story accurately. At Schill Law Group, we are committed to protecting the interests of our clients and ensuring they get the best possible outcomes.
Although prosecutors and law enforcement officials will usually take an aggressive approach when dealing with domestic violence cases, our experience with such cases ensures you are well prepared and we have gone through all the facts.
Contact us today to schedule a meeting and let us walk with you throughout the case and increase your chances of winning the cases.
by gary | Dec 3, 2024 | Divorce
Going through a divorce is usually stressful for most people. While you still need to deal with the emotions that come with marital breakups, you also need to think about how the legal process will be finalized. During this process, one of the most commonly asked questions is who pays attorney fees in divorce?
What Comprises Attorney Fees in a Divorce?
A divorce case is usually resolved through litigation whether it has been contested or uncontested. Since a marital breakup is complicated and navigating the confusing legal system can be confusing, working with an experience family lawyer helps in making informed decisions. The fees of the attorney comprise all the services rendered during the divorce proceedings:
- Research on applicable statutes and laws
- Gathering evidence for your case
- Analyzing options for division of marital property
- Creating and filing legal documents with the court
- Establishing child support or custody
- Representing you in court hearings
- Preparing and negotiation a settlement agreement
- Following up with meetings and appeals
Deciding Who Pays Attorney Fees in Divorce
Knowing that your legal fees have been covered during a divorce can be a huge relief. However, not everyone can be assured that their spouse will pay the attorney fees of both parties as this varies from one case to another.
Normally, each party in a divorce case is responsible for paying his or her attorney’s fees. However, one spouse may be ordered to pay the other spouse’s legal fees under certain circumstances.
The Divorce law in Arizona gives the family judge the discretion to decide and order any of the spouses to pay all or some of the legal fees and costs of the other spouse.
The judge will consider several factors in making the decision such as the circumstances of the case in making their decision. Other considerations include the financial resources of each party and the reasonableness of the position that each takes during the case.
In some cases, the judge may rule out that both parties pay their own attorneys while in others one of the spouses may be ordered to pay part or all of their spouse’s divorce attorney fees. The judge may also award legal fees if specific misconduct has been established during the divorce proceedings such as fraudulent conveyance or concealing assets.
Based on this determination, the judge will order a party to pay reasonable legal fees and costs of defending or maintaining divorce proceedings.
Also known as a discretionary award, the judge may award these fees and costs if they find a petition was:
- Not filled in good fail
- Not based in law or grounded in fact
- Filed for an improper purpose such as unnecessary delays, harassment, or to increase the cost of litigation to the other party
How an Attorney Can Help in Deciding Who Pays the Fees
A divorce lawyer can make a request for your spouse to pay for your attorney’s fees. The lawyer will also help you sort out several other issues in the divorce case, including child custody, child support, the use of the home, and more.
Requesting that your spouse pay for your divorce attorney’s fees requires that you plead with the court. Usually, you will not be granted this relief until you plead with the court for the petition. The lawyer will guide you in specifying that you are requesting interim attorney fees. These are the fees paid to the attorney by your spouse during the divorce case.
If the court accepts your plead, you will be awarded the fees at the end of the divorce case. This will be a reimbursement of the fees that you will have paid yourself to the divorce attorney during the proceeding.
Is it Common for a Spouse to be Ordered to Pay the Other’s Attorney Fees?
In most divorce proceedings, each party is responsible for paying their own attorney fees and legal expenses. However, it is common for a party to seek an attorney fee award, especially when the other party is deemed to have a greater earning power. You may also see an attorney fee award if the other party owns more assets than you or has shown some form of misconduct during the divorce proceedings.
Get Proper Legal Support in Your Divorce Case
Our divorce lawyers at Schill Law Group will fight on your behalf to ensure your interests and needs are protected in the divorce case. With extensive experience in helping clients from different backgrounds, our team has the skill and knowledge needed to get the best resolution for your divorcee case. If you are wondering who pays attorney fees in divorce or what you need to do to prepare for the case, get in touch with us for guided support.
