by gary | Apr 15, 2025 | DUI
Although some people mistake driving under the influence for a minor charge, DUI conviction can have life-altering consequences. Most people usually feel confused for lack of clarity of on happens after they have been arrested for a DUI. In this article, we briefly explain what happens when you get a DUI in Arizona and what you need to do to protect yourself.
DUI Consequences in Criminal Court
If you are convicted of a DUI, it can alter your life in many ways due to the possibility of jail time even for a first-time offense. You may also be required to pay hefty fines, have an ignition interlock device installed in your car, and attend alcohol education classes and AA sessions. As a DUI convict, you will have permanent criminal record, which can make obtaining professional licenses difficult. It may also make it difficult to get a job or into a good college or university.
Although most DUI cases are misdemeanors, some can be charged as felonies with worse consequences. This is particularly for cases related to hit and run, and accidents that involve great bodily harm to victims. For a felony DUI conviction, you will be charged with huge fines, long state prison terms, and longer drivers’ license suspensions. Further, an Aggravated DUI charge is prosecuted as a class 4 felony if the driver is caught drunk driving while:
- Having two prior DUI convictions within the past 84 months
- Having been ordered by a court to drive only with an ignition interlock device (IID).
- Using a suspended driver’s license for a previous DUI arrest
Those who are caught driving under the influence with someone younger than 15 years old is in the car are slapped with a Class 6 Felony charge.
DUI Consequences with the MVD
Although what happens after you get a DUI may vary across regions, State law considers driving a privilege rather than a right. If you get arrested for a DUI in Arizona, your license is automatically suspended for 90 days. You will have 15 days to request a hearing with the MVD to challenge your license’s suspension. If you do not request an MVD hearing within 15 days, the affidavit of suspension issued by the arresting police officer will automatically go into effect. This suspension will stick even if the DUI charges are dismissed.
Stages of a DUI Case
A DUI case involves several stages from the time of arrest to court proceedings and sentencing.
Arrest
A DUI case starts when a police officer asks a driver to pull over on reasonable suspicion of driving under the influence. This involves the officer asking your questions, asking you to take a breath test or blood test, and administering FSTs or field sobriety tests. If the officer finds insufficient evidence, you may be arrested for DUI. The officer can then book you into jail, allow a friend or a relative to pick you up, or turn you over to a detox facility,
Admin Per Se/Implied Consent Hearings with the MVD
Once arrested for DUI, the officer issues an Admin Per Se/Implied Consent Affidavit, requiring you to request a hearing with the MVD within fifteen days, or your license is automatically suspended for 90 days.
The Criminal Court Process
The criminal court process includes the steps you will go through to determine the classification of your arrest and possible sentencing:
- Arraignment: On a DUI arrest, the officer issues you a citation that contains the date, time, and location of your arraignment (Your first appearance in court). During your arraignment, the judge will read the charges against you and ask whether you plead guilty, not guilty, or no contest to those charges.
- Pre-Trial Conferences: A You DUI case will include several pre-trial conferences between you or your lawyer and the prosecutor to negotiate a plea deal.
- Filing of Motions: The attorneys on opposing sides of a DUI trial will introduce written motions. The presiding judge will then pen a ruling that the defense and prosecution must abide by during the trial.
- Trial: If you refuse any plea agreement offered by the prosecution, your case will be tried in court. In this case, the state must prove beyond reasonable doubt the charges against you.
- Sentencing: If the case ends with the jury convicting you of a DUI, the judge will determine your sentence based on state’s recommendations and mitigating factors presented by your attorney.
Get an Experienced DUI Lawyer to Represent You
If you have been arrested for a DUI, contact our lawyers at Schill Law Group. We will answer all the questions you may be having. We will take you through what happens after you get a DUI and review the facts of your case to prepare the best possible defense for you,
by gary | Apr 15, 2025 | DUI
If you or your loved ones has been arrested for driving under influence, you may be wondering. what to do when you get a DUI. The moment of the arrest can be confusing and what follows can be both stressing and intimidating. However, knowing what to do can help you remain calm and raise the stakes at your trial. Here are 10 things to do after your dui arrest:
1. Remain Calm
If you have been arrested for DUI, remain calm. Although the experience can be frightening and stress-inducing, being arrested does not mean you are guilty. Take a deep breath and listen to what the arresting officer says. Focus more on protecting your legal rights and ask to speak with your lawyer. This will help you avoid interrogation without the benefit of legal representation.
2. Do Not Talk to The Police
When you get arrested for DUI, avoid talking to the police. There is nothing you can say to change their mind or prevent the prosecutor from pursuing charges. Even with a strong alibi or evidence that indicates your innocence, avoid speaking with the police at all costs. If The police will simply assume that you are lying or the evidence is fabricated. Before talking to the police, make sure your lawyer is present. If the police ask you to talk about your DUI arrest, decline the request and ask to speak with your lawyer.
3. Call the DMV Right Away
A DUI arrest usually involves a criminal case and the DMV Administrative Per Se (APS) case. The criminal case can take time and starts when the prosecutor files charges after receiving the police report. The police will give you a date to return to court for your court appearance when you are released from jail. However, you have 10 days only from the date of arrest to request the you DMV APS case hearing or your license will automatically be suspended. If you need assistance with your DMV APS case, call us right away to help you request a hearing.
4. Consult With an Experienced DUI Attorney
As you consider what to do when you get a DUI, getting help from an experience lawyer is a necessity. Many attorneys offer free initial consultation and will answer any question you may be having about your case. Our attorneys at Schill Law Group have experience handling DUI cases and will give you proper guidance throughout this case.
5. Understand Your Charges
Once you contact our DUI lawyers, let them explain what your charges are to you. They will explain what driving under the influence means and the specific charges related to your case. This will give you a clear understanding of your case, the severity of the penalties, and how to prepare for your defense.
6. Record the Details of What Happened
Once you get released from jail, record everything you can remember about what happened and the arrest. You can write the details down or save a voice of every single thing you can remember from the moment the police showed up to the time you left jail. Think about what you said to the police, your first encounter, and the reason the police gave for pulling you over. You can also write down about the field sobriety tests and anything the police said during the arrest.
7. Identify Potential Witnesses
Most people who are arrested for DUI are usually coming from a bar, a restaurant, or a friend’s home. This means that you were with other people before you were arrested. After release from jail, start creating a list of people you were with. Although police will not do any investigation in a standard misdemeanor, you may find witnesses that will help your case, such as testifying that you did not drink that much or you were not under the influence before getting behind the wheel.
8. Gather Potential Evidence
Think of any evidence available that can help your case. If you were at a restaurant or bar before your DUI arrest, request a copy of your bill to prove that you were not under the influence while driving. If the restaurant security cameras, their footage can help prove that you did not have too much to drink. Share this information with your attorney to help you determine if evidence is helpful and what to do with it.
9. Avoid Driving
After a DUI arrest, your license may or may not be suspended. However, you may receive a hardship license that allows you to drive to work or important locations. It is best to limit your driving during this period though. If you are arrested again for another driving offense, your DUI charge will be harder to fight. Consider arranging transportation through friends and relatives and live as normal a life as possible while allowing your attorney to work on your defense.
10. Be Patient
It usually takes a long time for a DUI case to be resolved, which can be up to a year. Once you get in touch with you attorney provide them with all available evidence before the case is set for trial.
Contact Our DUI Lawyers
If you have been arrested for DUI, contact our lawyers at Schill Law Group. We understand that DUI cases are unique and you require an attorney that knows the ins and outs of DUI’s to get the best outcomes. Call us today and let us fight for you.
by gary | Mar 6, 2025 | Uncategorized
Property division is an important component of the divorce law, which defines how marital property should be divided between spouses. In Phoenix, the family law judge determines who gets what under the property settlement agreement. Understanding how property division works can help you better prepare for your divorce and what to expect.
How Property Division Works in Phoenix
When a marriage is dissolved in Arizona, all marital property and debt are distributed between spouses. The divorcing couple can decide whether they want to divide the property on their own through a property settlement or have a court divide. In both cases, the property division process comprises three steps:
- Determining which property and debts are marital, and which ones are separate
- Determining the value of the marital (community) property
- Distributing marital property as deemed appropriate
During the property division process, only marital property is eligible, and it comprises the assets and debts that the couple has acquired during their marriage. In this regard, separate property remains with the owner and is not distributed during the divorce. It includes the property that a spouse already owned before they got married. This also includes the property that a spouse acquired after a marriage has ended, inherited, or received as a gift.
Key Considerations in Property Division
The Arizona property division law requires judges to divide community property equitably during divorce. This means that the property will be a near 50/50 split. However, the term equitable does not always mean that the property is divided equal to the dollar. In most cases, the court considers fairness based on several factors such as the value and type of asset. However, marital conduct, including a spouse’s poor behavior or infidelity does not influence property division.
Another notable issue that often arises in property division is community waste. This issue applies when one spouse uses community funds for non-beneficial purposes, such as substance abuse, gambling, or extramarital affairs. If community waste is proven, then the other spouse may receive reimbursement for their share of the wasted funds.
To simplify the process, you can use a methodical approach that makes property division manageable. Simply make a clear inventory to help you with the legal process and ensure productive negotiations:
- Identify your property: Start by compiling a list of all assets and debts
- Categorize them: Determine items that fall under community property and the separate ones
- Value the property: Assign a fair market value for every item in your list
- Document: gather all relevant paperwork, including deeds, titles, and account statements
Is Arizona a Community Property State
Arizona is a community property state in which the law states that both spouses own all the property and debt they acquired during their marriage. During divorce, this community property is divided equally between the husband and wife. However, a few exceptions can change this 50-50 distribution. For instance, the couple may have a valid prenuptial agreement that outlines the specific ways the marital property should be divided.
Several properties count as marital in addition to houses and cars. These include:
- Real estate or raw land
- Businesses
- Bank accounts and savings
- IRAs and pensions
- Work wages and other income
- Retirement accounts or 401(k) plans
- Ownership interests
- Dividends
- Investments
- Furniture
- Art
- Valuable items like antiques, jewelry, and rare collectibles.
Any debt incurred by the couple during marriage is also considered communal and is divisible between the spouses. This included even instances when such debt benefitted only one of the spouses. For example, one spouse may have used credit to buy new hobby tools. This debt will be shared between the couple even if the other spouse never used the tools.
Why You Needed a Competent Divorce Lawyer in the Property Division
Property division is one of the most challenging phases of getting a divorce. Many divorcing spouses tend to be anxious about how their property will be divided and its impact on their finances. Some even become distrustful or angry towards their former partner, turning an already complex legal process into something more contentious.
A competent divorce attorney will protect you and your property during this part of your divorce. They will help you understand the property division process in Phoenix, ensuring that your rights and assets are secured. They will also effectively represent you in a difficult dispute for a favorable outcome.
Get Legal Support for Your Marital Property Division
While several things may be going through your mind during divorce, protecting your assets and finances should be a minor priority. A divorce lawyer will help you overcome the hurdle by skillfully setting up legal strategies for you. Reach out to us at Schill Law Group to see how our experience can help you during the entire process of marital property division.
by gary | Mar 6, 2025 | Paternity
If you are considering or going through a divorce, you are probably wondering, “How can I find the best paternity lawyers near me?” You may have a pressing question or a matter that you would like to discuss with some qualified legal personnel. At Schill Law Group, we would love to hear from you and help you navigate the complex paternity issues. Our team at Phoenix hopes to make the entire process easier for you and your children.
How to Find the Best Paternity Lawyers in Phoenix?
Finding the right paternity lawyer is crucial for the success of your case. Not only will you get the right representation, but a good lawyer will also guide you every step of the way. Here is a quick guide on finding the best paternity lawyer near me in Phoenix.
1.Find Somebody Local
You should hire a paternity attorney who practices in the county where your case will take place. Such a lawyer is familiar with the local rules, personalities, and procedures, allowing them to navigate the system more effectively.
2.Find an Attorney Who Practices Only Family Law
The law is quite diverse and broad, and hiring someone who concentrates exclusively on family law matters ensures your interests are well represented. Such a lawyer will have the knowledge and expertise necessary to manage the case effectively as they constantly keep up with the changing laws.
3.Only Hire a Lawyer You Feel Comfortable With
Issues related to paternity are personal and intimate areas of the law. Your attorney will need to know more about your life to properly represent you in the case. Therefore, you should hire a paternity lawyer you feel comfortable sharing your personal information. Consider whether you trust them fully and if they communicate in a way that makes you feel at ease and confident in their abilities. From your initial call, you can tell how diligent the lawyer is and whether you can comfortably work with them on your case.
4.Hire the Law Firm and Not Just the Attorney
Your interactions with the law firm usually involve people other than your paternity attorney. Before choosing a firm, consider their overall experience of their support staff, and their likelihood of being helpful with the process. You may need to find out how long the office and support staff have worked at the form and the role of their experience in expertise in providing quality representation.
5.Avoid Hiring for the Wrong Reasons
A quick search for “paternity lawyers near me” online may not outrightly get you an attorney that is best suited for your needs. When hiring, do not choose a lawyer simply because they have a reputation for being aggressive or are more willing to fight for you. Look for a lawyer who takes a collaborative approach whenever possible, which is more cost-effective, lowers the risk, and helps to preserve the relationship between co-parents.
6.Read the Social Signs
Since your interaction with a paternity lawyer involves sharing important details, social signs can help you determine the kind of person you will be working with. Consider whether they seemed genuinely interested in helping you, how they listen to your questions and answer them, and their interactions with other staff in the firm. This allows you to choose a lawyer that you can fully trust to handle your case and feel comfortable to work with.
Are You Looking for Paternity Lawyers Near Me in Phoenix?
Schill Law Group has a team of highly respected paternity lawyers in Phoenix. With years of courtroom experience and deep compassion for families in Phoenix, the firm is renowned for helping families find legal solutions within the shortest time possible. The lawyers’ deep understanding of Arizona state’s law and regulations concerning paternity allows them to provide invaluable guidance and representation to clients.
We understand that the paternity process can be daunting to any parent. However, with the right attorney, the process can be easier and friendly to all parties. Whether you are establishing paternity, addressing child support and custody matters, or disputing paternity claims, the family lawyers at Schill Law Group are well-versed in navigating the complexities of such cases.
Hire the Best Paternity Lawyers Near Me
The paternity lawyers at Schill Law Group recognize issues related to paternity as complex and emotionally charged. That’s why we are dedicated to providing the necessary support and guidance to help you navigate the legal process. We safeguard your rights, ensuring you get a fair hearing, whether you are the child’s mother or father. Get in touch with us today for any inquiries or to hire a paternity lawyer in Phoenix.
by gary | Mar 6, 2025 | Criminal Charges
If you have a criminal case in Phoenix, you have the right to represent yourself unless the court finds you mentally incompetent. However, you may lack the expertise and knowledge of the criminal law system, which limits your ability to properly represent yourself.
Why Hire a Phoenix Criminal Defense Attorney?
A criminal defense lawyer will help you from the beginning of the ordeal to the end, ensuring you are well-represented. They will bring their knowledge of the law and the people involved in the criminal justice system, increasing the chances of favorable outcomes for our case.
10 Benefits of Hiring a Criminal Defense Attorney in Phoenix
Although you are allowed to represent yourself in a criminal case, hiring a criminal defense attorney in Phoenix has several benefits.
1.Understanding of the criminal law system
Defending yourself in a criminal case can be tricky because you lack enough knowledge of the prosecutors, judges, and other members of the legal system that you may encounter. With criminal attorneys, they bring a clear understanding of the members of the criminal law system, including the prosecutors and judges. This helps you build a stronger case, fight better in your case, or trade leniency with harsh penalties.
2.Expertise in defense
Criminal attorneys in Phoenix understand every aspect of the criminal law process and court procedures. When you hire a lawyer, they focus on building a firm case on your behalf. Equipped with facts and evidence, the lawyer provides legal representation for you, defending you against criminal charges, and looks for any loopholes or inconsistencies that can work in your favor.
3.Better strategy design
Since every case is unique, it requires a different approach to handle the charges. Working closely with a criminal defense attorney ensures you measure all the events accurately and design a strategy. The lawyer will also conduct an independent investigation, negotiate, and prepare for trial to get the desired results.
4.Protection against heavy penalties
In most criminal charges, the prosecution usually comes down harshly against the alleged defendants. Even if you are innocent and falsely accused, you are still at risk of receiving a heavy penalty or sentence. A criminal defense lawyer will protect you against brutal prosecutors by ensuring that you are acquitted of false charges. They will also protect you against unfair sentencing in case you are found guilty or plead for the same.
5.Delegation of work to staff
To build a strong case, you need to execute crucial tasks. These may include gathering evidence and tracking down key witnesses. You also need to cross-examine the witnesses and prepare the necessary documents on time. When you hire a Phoenix criminal defense attorney, you also have access to qualified staff and resources to conduct such tasks. The lawyer can also find experts who can undermine the testimony of experts presented by prosecutors or testify on your behalf.
6.Risk mitigation with immediate action
Waiting has a high negative impact on criminal cases. The sooner you take action for defense against the charges against you, the higher the success rate. The longer you take to proceed with the case, it will offer prosecutors better the chances to strengthen their case against you. Hiring an attorney will help in taking prompt action and mitigating the risks and consequences of your case.
7.Damage control
Working with an experienced Phoenix criminal defense attorney by your side prohibits law enforcement from causing more damage to your case. They will not be able to contact you without going through the lawyer first, eliminating chances of getting intimidated and making uninformed, hasty decisions from your end.
8.Saves precious time
Since defense attorneys understand the proceedings of criminal cases, they take action before tricky scenarios arise. They can easily foresee possible situations, allowing you to take timely action. By proceeding through procedures quickly and accurately, a lawyer saves precious time and increases the chances of an early judgment.
9.Financial benefits
Hiring an experienced criminal defense lawyer in Phoenix may look slightly expensive at first. However, it offers impressive long-term financial benefits. In a criminal case, the defendant is usually charged with court costs, heavy fines, and charges related to prison time or bail. An experienced attorney will preempt the charges and ensure you are not missing too many working days that can jeopardize your pay.
10.Constant moral and emotional support
For most people, facing criminal charges leads to numerous emotions like anxiety fear, depression, and even shame. An experienced defense attorney will handle your case professionally and help you cope with such emotions. The lawyer can even bring in professionals for additional assistance to avoid any surprises.
Hire a Reliable Criminal Defense Attorney in Phoenix
If you are a defendant in a criminal case in Phoenix, Arizona, contact our experienced criminal defense lawyers at Schill Law Group right away. We will build the right defense strategy for our case, protect your freedom, and ensure you get the best possible outcome.
