Tuesday, July 23, 2024

Domestic Violence and Child Custody Cases in Arizona: How it Impacts Decisions

The Impact of Domestic Violence on Child Custody Cases in Arizona

Domestic violence is an unfortunate reality in many households, and it has far-reaching effects on all parties involved, including children. When parents go through a divorce or separation, child custody is one of the most contentious issues to be decided upon, and domestic violence can make it even more complicated. In Arizona, family courts are required to prioritize the safety and well-being of the child above all else. Therefore, any history of domestic violence can significantly impact child custody decisions.

How Domestic Violence Affects Child Custody Decisions

Family courts in Arizona follow a legal framework that is specifically designed to protect the best interests of the child. Domestic violence is considered a serious matter, and it is taken into account when making child custody decisions. The court may consider several factors, including the extent and severity of the violence, the nature of the relationship between the parents and the child, and the impact of the violence on the child.

The Legal Definition of Domestic Violence in Arizona

The legal definition of domestic violence in Arizona is any act of physical harm, injury, or assault, or any act that involves the threat of harm, injury, or assault, committed by one family or household member against another. This definition includes a range of behaviors, such as emotional abuse, harassment, stalking, and intimidation. It is important to note that the victim of domestic violence does not have to be physically injured to obtain a protective order or to prove that domestic violence occurred.

Protective Orders for Victims of Domestic Violence

If you or your child is a victim of domestic violence, you can seek a protective order in Arizona. A protective order is a court order that prohibits the abuser from having any contact with the victim or the victim's children, and it can also provide other forms of protection, such as requiring the abuser to stay a certain distance away from the victim's home or workplace. Protective orders are available to both men and women, and they can be obtained without filing for divorce or separation.

Supervised Parenting Time and Domestic Violence

In situations where there is a history of domestic violence, family courts may order supervised parenting time. Supervised parenting time means that the parent with the history of domestic violence can only visit with their child in the presence of a neutral third party. The neutral third party can be a family member, a friend, or a professional supervisor. Supervised parenting time is designed to ensure the safety and well-being of the child while allowing them to maintain a relationship with both parents, provided it is safe to do so.

Domestic Violence and Child Custody Decisions

The safety and well-being of the child is the primary consideration in all child custody decisions in Arizona. If one parent has a history of domestic violence, it can impact the custody decision. In some cases, the court may choose to grant sole custody to the other parent. In other cases, the court may order supervised parenting time or require the abusive parent to complete a treatment program before being granted any parenting time. In rare cases, the court may terminate parental rights if it is deemed to be in the best interests of the child.

The Importance of Legal Representation

If you or your child is a victim of domestic violence, it is important to seek legal representation from an experienced family law attorney. A family law attorney can help you obtain a protective order and ensure that the court is aware of the domestic violence when making custody decisions. They can also help you navigate the legal process and advocate on your behalf.


Domestic violence is a serious issue that can have far-reaching effects on child custody decisions. Family courts in Arizona prioritize the best interests of the child, and any history of domestic violence is taken very seriously. If you or your child is a victim of domestic violence, it is essential to seek legal representation to ensure that the court is aware of the abuse and to protect yourself and your child. Contact De Novo Law today for help protecting your rights and your children’s best interests.

Domestic Violence and Child Custody in Arizona

Sunday, July 21, 2024

Disorderly Conduct in Arizona: Understanding ARS 13-2904

The Importance of Understanding Disorderly Conduct Charges in Arizona


Imagine being at a neighborhood block party, having a heated argument with someone, and then suddenly finding yourself facing disorderly conduct charges? Unfortunately, situations like this are more common than you might think. Disorderly conduct, as defined by ARS 13-2904, encompasses various behaviors intended to disturb the peace. Understanding the ins and outs of this charge and its potential consequences is critical, especially if you live in Arizona. In this article, we'll take a closer look at disorderly conduct charges in Arizona and explain what actions can lead to this charge, the potential penalties, and ways to defend yourself if you face these charges.

What Actions Can Lead to a Disorderly Conduct Charge in Arizona?

Disorderly conduct charges in Arizona can result from a wide range of actions, including:
  • Using abusive or offensive language or gestures that can provoke physical retaliation
  • Making loud and unreasonable noise near a residence to disturb the peace of that residence's occupants
  • Intentionally disrupting, obstructing, or interfering with any lawful assembly or meeting of persons
  • Engaging in fighting or violent behavior in a public place or near any school
In general, disorderly conduct charges arise from behavior that disturbs the peace or is likely to cause a disturbance or breach of the peace.

The Potential Penalties of a Disorderly Conduct Conviction

If you are facing a disorderly conduct charge in Arizona, you could be facing several potential penalties, including:
  • Jail time: a disorderly conduct conviction can result in jail time, ranging from six months to one year, depending on the severity of the offense.
  • Probation: if the court believes probation is appropriate, you could receive probation, requiring you to meet certain conditions to avoid jail time.
  • Fines: disorderly conduct convictions can also result in fines, ranging from $500 to $2,500, depending on the severity of the offense.
  • Permanent criminal record: when you are convicted of disorderly conduct, you will have a permanent criminal record, which can jeopardize your future employment prospects, housing opportunities, and other aspects of your life.

Defending Yourself Against Disorderly Conduct Charges

If you are facing disorderly conduct charges in Arizona, it's essential to understand that you have the right to defend yourself. There are several potential defenses that you and your attorney can use to fight these charges, including:
  • First Amendment rights: if the incident that led to your charges involved protected speech or expressive conduct, you can argue that your actions were protected by the First Amendment.
  • Lack of intent: to be convicted of disorderly conduct, you must have intended to disturb the peace or engage in disruptive behavior. If your conduct was accidental or unintended, you may have a valid defense.
  • Self-defense: if you engaged in behavior that could be considered disorderly conduct to protect yourself or others, you could argue that you were acting in self-defense.

Seeking Legal Assistance

When facing disorderly conduct charges in Arizona, it's critical to seek legal assistance from an experienced criminal defense attorney immediately. An attorney can assist you in understanding your rights, developing a solid defense strategy and protecting your freedom and reputation.


Disorderly conduct charges in Arizona can have severe consequences, including significant fines, jail time, and a permanent criminal record. It's crucial to understand what actions can lead to this charge and the potential consequences of a conviction. If you are facing disorderly conduct charges, you have the right to defend yourself, and seeking legal assistance from an experienced criminal defense attorney is the best way to protect your rights and ensure the best possible outcome for your case. Disorderly Conduct in Arizona: ARS 13-2904

Monday, July 1, 2024

Feature Article: Understanding the Definition of "Violent Crime" Under Arizona Law

When it comes to criminal law, the definition of certain terms can make all the difference in a legal case. One such term that is often misunderstood is "violent crime." Under Arizona law, the definition of a violent crime is extensive and encompasses a range of criminal acts that can have serious consequences for those involved. In this feature article, we'll take a closer look at the definition of violent crime under Arizona law and what it means for individuals and the justice system.

The Definition of Violent Crime

According to Arizona law, a violent crime is any criminal offense that involves the use or threat of physical force or violence against another person or property. This can include but is not limited to:

  • Homicide, including murder and manslaughter
  • Assault and battery
  • Robbery and theft
  • Sexual assault and other sex crimes
  • Domestic violence
  • Child abuse
  • Stalking

While these offenses may not always involve physical violence, any use of force or the threat of force is considered a violent act under Arizona law.

The Consequences of a Violent Crime Conviction

Being convicted of a violent crime can have serious and long-lasting consequences for individuals. In addition to potential jail time, fines, and probation, a violent crime conviction can result in:

  • Limited job prospects
  • Difficulty obtaining housing
  • Losing custody of a child
  • Risk of deportation for non-citizens
  • Loss of Second Amendment rights
  • Lifetime sex offender registration for certain crimes

Given the severity of these consequences, it is essential to understand the definition of violent crime and how it applies to your case if you have been charged with a criminal offense in Arizona.

Proving a Violent Crime

Proving that a violent crime has been committed requires evidence that the use or threat of force was involved. This can include witness testimony, physical evidence, and other forms of circumstantial evidence that support the prosecution's case.

However, it's important to note that not all criminal cases involving violence necessarily result in a conviction for a violent crime. The prosecutor must be able to prove beyond a reasonable doubt that the offense involves the use or threat of force, which can sometimes be difficult to do.

Defending Against a Violent Crime Charge

If you have been charged with a violent crime in Arizona, it's essential to have a strong defense strategy in place. Depending on the circumstances of your case, possible defenses may include:

  • Self-defense or defense of others
  • Mistaken identity or false accusations
  • Insanity or mental incapacity
  • Accidental injury or death
  • Lack of intent to cause harm
  • Violation of Miranda rights or other procedural errors

An experienced criminal defense attorney can help you build the strongest possible defense against a violent crime charge and protect your rights and freedoms.


Understanding the definition of violent crime under Arizona law is essential for anyone facing criminal charges or involved in the criminal justice system. Whether you are a victim of a violent crime or facing charges yourself, it's important to know your legal rights and options. Contact a qualified criminal defense attorney today to learn more.


  1. Arizona Revised Statutes 13-1102
  2. Arizona Violent Crime Laws & Penalties

Violent Crime under Arizona Law


Tuesday, June 25, 2024

Understanding Spousal Support: When Can You Stop Paying?

Opinion Article

When Can I Stop Paying Spousal Support?

Spousal support, also known as alimony, is one of the most contentious issues in a divorce settlement. It often sparks heated debate between former partners and can significantly impact their financial and emotional well-being. But when can you stop paying alimony? The answer is complex and depends on various factors, including the terms outlined in the support order. In this opinion article, I will explore the different aspects of spousal support and provide my perspective on when it is reasonable to terminate alimony payments.

The purpose of spousal support

The primary reason for awarding spousal support is to ensure that a spouse who earned less or didn't generate any income during the marriage can maintain the standard of living similar to what they had during the marriage. Spousal support is not a punishment but aimed at providing financial support to the less-earning spouse. Usually, the spouse who earns more income or has a higher net worth is required to pay alimony.

Is there a fixed duration for spousal support?

Spousal support can be temporary or permanent. Usually, temporary support is awarded during the divorce proceedings and ends after a specific period, usually, until the divorce is finalised. Permanent spousal support is granted when the less-earning spouse is unable to support themselves or when there is a significant income gap between the former partners.

Can spousal support be terminated?

In most cases, spousal support is not terminated immediately, and the paying spouse is obligated to pay until the court order is modified or terminated. The court may terminate spousal support if the receiving spouse remarries, the paying spouse retires, become disabled or loses their job. The court can also terminate if the receiving spouse starts earning a significant income or has completed their education or job training and can now support themselves. Additionally, if the paying spouse can prove that the receiving spouse is cohabiting with someone in a marital-like relationship, they may petition the court to terminate support.

My opinion on terminating spousal support

In my opinion, spousal support should only be terminated if the receiving spouse can support themselves adequately, has got remarried or is cohabiting with someone. Beneath this, they should not stop paying. A court awarding spousal support is based on the claimant's inability to maintain the standard of living after their marriage ends, and it is essential to consider this aspect while deciding to terminate. If you are a paying spouse, I would advise you to accrue some savings that can enable you to pay the alimony until termination legally.


Spousal support is a crucial issue in a divorce case and requires careful consideration before terminating. It is essential to understand that the court awards spousal support not to punish the paying spouse but to provide financial support to the receiving spouse. Whether you're paying or receiving spousal support, it is always recommended to hire a family law attorney who can guide you through the process.

Stop paying spousal support - Spousal, Alimony

Sunday, June 23, 2024

Understanding the Difference Between Annulment and Divorce in Arizona

Investigative Article

The Legal and Financial Implications of Annulment Vs. Divorce in Arizona

Marriage is a sacred bond that is meant to be lifelong, but sometimes things don't work out as planned. In such cases, couples may seek legal methods to dissolve the marriage. In Arizona, there are two methods for this purpose: divorce and annulment. While both have the same objective of ending the marriage, they differ significantly in their legal implications and financial consequences. In this investigative piece, we will explore the differences between annulment and divorce, their legal procedures, and their financial implications for the parties involved.

Defining Annulment vs. Divorce in Arizona

The fundamental difference between annulment and divorce is that a divorce ends a legally valid marriage, whereas an annulment declares that the marriage was never legally valid from its inception. In other words, an annulment voids the marriage as though it never existed in the first place. This difference may seem minor but has significant legal and financial implications for the parties involved.

Legal Procedures Involved in Annulment vs. Divorce

The legal procedures for annulment and divorce are also vastly different. In Arizona, a divorce can be filed by either spouse without proving any grounds for the dissolution of the marriage. This means that the divorce can be granted as long as one spouse believes that the marriage is irretrievably broken. In contrast, an annulment requires proof that the marriage was never valid in the first place. The most common grounds for annulment in Arizona include bigamy, fraud, incest, mental incapacity, and underage marriage.

The burden of proof for annulment is much higher than for divorce, and the legal process can be more complicated. In addition, annulment proceedings may involve retroactive legal consequences, such as invalidating property transfers, child custody, and support arrangements that were made during the marriage.

Financial Implications of Annulment vs. Divorce

The financial implications of annulment and divorce are significant and should be carefully considered before making a decision. In a divorce, the marital assets are divided equitably between the spouses, which can result in an unequal distribution of assets and liabilities. The court considers various factors such as the length of the marriage, earning capacity of each spouse, and contribution to the marital estate when dividing assets and liabilities.

In contrast, in an annulment, the parties are not entitled to any property or financial support, and the court does not have jurisdiction to divide marital assets. In other words, each party retains whatever assets and liabilities they had before the marriage, and the spouses are not required to pay spousal maintenance or support to each other. However, annulment proceedings may involve retroactive financial consequences, such as restoring property that was transferred during the marriage or setting aside contracts that were signed during the marriage.


An annulment and a divorce are two legal options for dissolving a marriage in Arizona, and the choice between them can have significant legal and financial implications for the parties involved. While divorce is a more straightforward and commonly used method, an annulment may be a valid option in cases where there was no legally valid marriage, to begin with. However, due to the higher burden of proof and the complex legal procedures involved, it is essential to seek the advice of an experienced family law attorney before deciding which option is best suited to one's circumstances.

If you are considering an annulment or divorce in Arizona, contact De Novo Law Firm to schedule a consultation with our experienced family law attorneys. We are committed to providing our clients with compassionate and effective legal representation in all family law matters.

Annulment,Legal-Annulment Vs. Divorce in Arizona

Thursday, June 20, 2024

DUI With Ignition Interlock Device: Aggravated DUI and Penalties for Tampering

Opinion Article: The Consequences of Ignoring Ignition Interlock Devices for DUI Offenders

DUI offenses have serious consequences, including losing a driver's license, paying hefty fines, or going to jail. However, one of the most effective ways to prevent drunk driving accidents and repeat DUI offenses is the ignition interlock device (IID). While some people may view IID as a punishment or an inconvenience, I believe it is an essential tool to protect the public from DUI offenders who pose a significant risk to others' safety on the road.

When Are You Required to Install an IID?

An ignition interlock device is a breathalyzer installed in a vehicle's dashboard, connected to the ignition system. To start the vehicle, the driver has to provide a breath sample, and if the device detects a blood alcohol concentration (BAC) above the limit set by the state, the engine won't start. Depending on the state's laws and the specifics of the case, a DUI offender may be required to install an IID as a condition of getting their license back or reducing the punishment for their offense.

How Does an Ignition Interlock Device Work?

The main purpose of the IID is to prevent the driver from operating a vehicle while under the influence of alcohol. However, the device has other features that ensure its accuracy and reliability. For example, it takes photos of the driver providing the breath sample to prevent someone else from taking the test on their behalf.

What are the Penalties for Tampering With an IID?

Some DUI offenders may try to circumvent the IID by asking someone else to provide a clean breath sample or by tampering with the device itself. This behavior is illegal and has severe consequences, such as extending the IID requirement or revoking the driver's license altogether. Additionally, the offender may face criminal charges for fraud or deception.

What is an Aggravated DUI Charge?

In some cases, a DUI offense may lead to an aggravated DUI charge, which typically involves aggravating factors such as causing an accident resulting in death or injury, having multiple DUI convictions, or driving with a suspended license. An aggravated DUI charge carries more severe penalties, including longer IID requirements, longer license suspension, and mandatory jail time.

What are the Penalties For a DUI with an IID?

The penalties for a DUI with an IID depend on the state's laws and court's discretion, but they usually involve longer license suspension, payment of IID installation and maintenance fees, and possible jail time or community service. However, the use of IID also has some benefits for the DUI offender, such as the possibility of reducing the mandatory license suspension period or getting driving privileges earlier than without the IID.

How Can an Attorney Argue For My Defense?

If you are facing DUI charges or the requirement to install an IID, it's essential to have a competent and experienced attorney by your side. A skilled attorney can evaluate your case's specifics, develop a defense strategy, and negotiate with the prosecution to reduce the charges or the penalties. They can also help you understand the importance of the IID and how to use it correctly to avoid further legal problems.


In summary, ignition interlock devices are an effective way to prevent drunk driving accidents and reduce repeat DUI offenders' recidivism. While some people may view the IID as a punishment or an inconvenience, it is a necessary measure to protect the public from dangerous drivers. If you are facing DUI charges, it's essential to take the IID requirement seriously and to seek legal counsel to ensure your rights are protected.


Sunday, June 9, 2024

Investigative Article: The Dangerous Consequences of Prescription Drug Fraud in Arizona

Prescription drug fraud is a growing problem in Arizona, with many individuals facing serious charges and potentially devastating consequences. One recent case involving a man named Adams highlights just how dangerous and damaging this type of fraud can be. Adams was arrested for prescription drug fraud in Arizona and came to understand just how important it was to not only get quality photos but to ensure they were being used effectively.

The Scope of Prescription Drug Fraud in Arizona

Prescription drug fraud involves individuals using fraudulent means to obtain prescription drugs, including forging prescriptions, stealing prescription pads, and using stolen medical information to obtain drugs. This type of fraud is a major problem in Arizona, with many individuals facing serious charges and penalties if caught.

The extent of prescription drug fraud in Arizona is sobering. According to the National Institute on Drug Abuse, Arizona has one of the highest prescription drug overdose death rates in the United States, with over 16 deaths per 100,000 people. This is higher than the national average of 14.6 deaths per 100,000 people. The state also has one of the highest rates of prescription drug abuse, with 5.7% of the population reporting non-medical use of prescription drugs in the past year.

The Consequences of Prescription Drug Fraud

The consequences of prescription drug fraud can be serious and far-reaching. Individuals caught engaging in this type of fraud may face serious criminal charges, including felony charges in some cases. Penalties can range from fines and probation to lengthy prison sentences and substantial fines. Convicted individuals may also face challenges in their personal and professional lives, including difficulty finding employment, securing housing, and obtaining credit.

In addition to these legal consequences, prescription drug fraud can have serious health consequences as well. Prescription drug abuse can lead to addiction, overdose, and death. It can also increase the risk of other health problems, including heart disease, liver damage, and respiratory problems.

The Need for Effective Solutions

Given the serious consequences of prescription drug fraud, it is essential that effective solutions be put in place to address this problem. This may include increased education about the dangers of prescription drug abuse and fraud, as well as strategies for identifying and preventing this type of fraud.

Effective solutions may also involve increased access to treatment and support services for individuals struggling with addiction to prescription drugs. This may include options for medically assisted treatment, counseling, and other support services designed to help individuals recover from addiction and avoid turning to fraud and other illegal means to obtain drugs.

The Importance of Awareness and Prevention

The case of Adams highlights the importance of awareness and prevention when it comes to prescription drug fraud. By understanding the serious consequences of this type of fraud and working to prevent it from occurring, we can help to protect individuals, families, and communities from the damaging effects of prescription drug abuse and fraud.

Whether through increased education and awareness efforts, more effective enforcement of existing laws, or the development of new strategies for preventing and treating prescription drug abuse, we must all work together to address this serious problem and protect the health and well-being of all Arizonans.

Prescription Drug Fraud Charges in Arizona

Sunday, May 12, 2024

The Importance of Expert Guidance for New Single Moms Navigating Divorce and Custody in Arizona

Divorce and custody battles can be some of the most challenging and emotionally draining experiences for anyone. However, for single mothers who are new to navigating these complicated legal processes, the experience can be particularly overwhelming and stressful. This is where expert guidance from a family law attorney can be invaluable in providing support, advice, and representation. In this article, we will explore the importance of expert guidance for new single moms who are navigating divorce and custody battles in Arizona.

The Unique Challenges Faced by Single Moms in Divorce and Custody Battles

While divorce and custody battles can be challenging for anyone, single mothers face a unique set of obstacles. These may include financial struggles, concerns about child support, and the need to balance work and caregiving responsibilities. As a result, single mothers may be particularly vulnerable to stress, anxiety, and depression during this time. Therefore, having a knowledgeable family law attorney by their side can help ease some of these challenges and make the process more manageable.

The Benefits of Working with a Family Law Attorney

One of the most significant benefits of working with a family law attorney in a divorce or custody case is that they bring a wealth of knowledge and expertise to the table. Attorneys who specialize in family law have extensive experience in dealing with issues such as property division, child support, and custody arrangements. They are also skilled negotiators who can help their clients achieve a favorable outcome while minimizing conflict and stress.

Another benefit of working with a family law attorney is that they can provide much-needed emotional support and guidance throughout the process. Divorce and custody battles can be incredibly emotional experiences, and having an attorney who is compassionate and understanding can help single mothers to feel more supported and less alone.

The Importance of Finding the Right Attorney

While there are many benefits to working with a family law attorney, it is crucial to find the right one. The attorney you choose should have extensive experience in family law, a deep understanding of the Arizona legal system, and a track record of success in similar cases. They should also be responsive and communicative, keeping you informed about the progress of your case and answering any questions or concerns you may have.

Other Considerations for Single Moms in Divorce and Custody Cases

In addition to working with an experienced family law attorney, there are several other considerations that single mothers may need to keep in mind during a divorce or custody battle. For example, it is essential to prioritize self-care during this time, including getting enough sleep, exercise, and social support. It may also be helpful to work with a therapist or counselor for additional support.

Furthermore, single mothers may need to take steps to protect their financial wellbeing during this time. This may include creating a budget, seeking child support, and working with a financial planner to ensure long-term financial stability.

The Bottom Line

Divorce and custody battles can be some of the most challenging experiences in life, particularly for single mothers who are new to navigating these complex legal processes. However, with the guidance and support of an experienced family law attorney, single mothers can feel more confident and empowered throughout the process. Whether it's negotiating child custody arrangements or ensuring financial stability, an attorney can help single mothers to achieve the best possible outcome while minimizing stress and conflict.

For more information about expert divorce and custody guidance for new single moms in Arizona, visit azcriminalandfamilylaw.com/single-moms-divorce-custody/.


Saturday, April 27, 2024

How to Address Hidden Assets in an Arizona Divorce: Tips Before and After Finalization

Opinion Article

The Gray Area of Hiding Assets in Divorce Proceedings

Divorce is an unfortunate reality for many couples in Arizona. It is a process that involves many different aspects, including the division of assets and property. Although most couples part ways amicably, some opt to conceal their assets to avoid a fair division. In such cases, it is only natural for one of the spouses to want to seek justice. Hiding assets during divorce proceedings is not only unacceptable but illegal. In this op-ed, we discuss the implications of hiding assets and the importance of addressing the problem head-on.

Legal Consequences of Hiding Assets in Divorce Proceedings

Hiding assets during a divorce is considered a dishonest act and is dealt with accordingly. If caught, the guilty party could face severe consequences, including hefty fines and even jail time. Apart from the legal implications, hidden assets also lead to a significant impact on the division of property. In most cases, the guilty party tends to get a much smaller share of the assets, considering the division is based on what either spouse has reported.

Signs That Your Ex-Spouse May Be Hiding Assets

Hiding assets during a divorce is a huge red flag. While most spouses hope to achieve a hassle-free split, some opt to do otherwise. Therefore, it's essential to know the different tactics used by some spouses to hide their assets. Some of the most common indicators that someone is hiding their assets include:

  • Withdrawals of large sums of cash from joint accounts
  • Unusual spending patterns
  • Income discrepancies
  • An unexplained increase in debt
  • The sudden transfer of assets to unknown entities

If you suspect that your ex-spouse is hiding their assets, it's crucial to act fast and involve a reputable legal representative. Doing so will help protect your interests and make the divorce process go smoothly.

Uncovering Hidden Assets

One of the best ways to unearth hidden assets is through the legal discovery process. Your divorce lawyer can leverage several legal tools such as subpoenas and depositions to uncover any hidden assets. In situations where the complexity of your financial situation is high, you might consider employing a forensic accountant.

A forensic accountant can help uncover any complex financial transactions most people might not spot. Having a forensic accountant present during the discovery process can be extremely beneficial to prove that your ex-spouse is hiding assets. Once discovered, this information can also be presented to a judge to ensure that the guilty party is held accountable.

Final Thoughts

Concealing assets during divorce proceedings is unacceptable and can lead to severe legal consequences. Anyone found guilty of the act can face hefty fines, jail time, and a smaller share of the assets. If you suspect that your ex-spouse is concealing assets, it's essential to act fast and involve a reputable legal representative. Ensure that you inform your legal representative of all your suspicions. Your attorney can use legal discovery tools such as subpoenas and depositions to discover any hidden assets. They can also employ a forensic accountant for more complex financial situations. By working with an expert, you can guarantee a fair and equitable division of assets.

Uncovering hidden assets during divorce proceedings is a daunting task. But, it's a crucial step towards receiving a fair settlement. If you're going through a divorce, it's important to be honest and transparent with your assets to ensure a smooth and equitable division of your property.

Hiding Assets in Divorce Proceedings, Arizona

Thursday, April 25, 2024

Arizona Law on Defending Against Minor in Possession Charges

Feature Article: Understanding Minor in Possession Charges in Arizona

Being charged with a minor in possession offense in Arizona can have serious consequences. Apart from the embarrassment of being caught, minors convicted of MIP offenses may face jail time, fines, and other legal penalties. In this feature article, we will discuss everything you need to know about defending against a minor in possession charge, including what it is, the penalties, how long it stays on your record, and possible defenses.

What is a Minor in Possession Charge?

A minor in possession charge, or MIP, refers to the possession, consumption, or attempt to purchase alcohol by a person who is under the age of 21. The legal drinking age in Arizona, as in all states in the U.S., is 21 years. Even a sip of beer or wine can result in an MIP charge for an individual under 21. Additionally, purchasing alcohol with a fake ID is also considered an MIP charge.

Penalties for MIP Charge

In Arizona, the penalties for MIP offenses can be severe. For a first-time offense, a minor may face a fine of up to $500, community service, and mandatory participation in an alcohol education program. A second or subsequent offense may result in a felony charge, which can lead to imprisonment, fines, and a criminal record with serious long-term consequences.

How Long Does an MIP Stay on Your Record in Arizona?

For minors convicted of MIP offenses in Arizona, the offense may remain on their criminal record for a long time. Depending on the circumstances, an offense of this nature can be sealed or expunged from a person's record. However, in most cases, an MIP offense will remain on an individual's record until they turn 99 years old. This means that a conviction for MIP can affect a person's chances of obtaining employment, education, and even housing opportunities.

Caught with a Fake ID at Your Local College Bar

Using a fake ID to purchase alcohol is a serious offense in Arizona, which can lead to an MIP charge. College campuses are often the center of MIP and fake ID charges, with many students using false identification to bypass the drinking age requirement. Unfortunately, being caught with a fake ID at a local college bar can result in serious legal consequences.

DUI and a Minor In Possession Charge

In some cases, MIP charges may be joined with a DUI charge, especially if the minor was driving under the influence of alcohol. For example, if a minor is driving with a BAC level of 0.08% or above, they may face both an MIP and DUI charge. The penalties for a DUI charge in Arizona are severe and can include jail time, fines, and license suspension. Therefore, minors charged with both MIP and DUI offenses should seek help from an experienced attorney who can guide them through the legal process.

Defenses to a Minor in Possession Charge

There are various defenses that a minor who has been charged with MIP in Arizona can use.

  • No possession of alcohol: A minor can challenge an MIP charge if there is no evidence of possession of alcohol.
  • Violation of rights: If the police officer obtained evidence against the minor through an illegal search or seizure, the evidence may be challenged in court, leading to the dismissal of the case.
  • Mistaken identity: In some cases, minors may be mistaken for someone else who was in possession of alcohol.
  • Emergency: If the minor was in possession of alcohol due to a medical emergency, such as giving alcohol to someone in distress, this can be a valid defense for MIP charges.

Free Consultation With An Attorney

If you've been charged with a minor in possession offense in Arizona, it's crucial to seek legal representation. A knowledgeable attorney can provide legal guidance and help you to build a strong defense in your case. At Kolsrud Law Offices, we offer a free consultation to help clients understand their charges and possible defenses. Contact us today to schedule your free consultation.

Arizona minor, defending