In a recent news story, a family in Hawaii was shopping in their local grocery store. While doing so, they had eaten a sandwich that they had eaten, fully intending on paying for the item. After checking out with an estimated $50 worth of groceries, the family was stopped as they found that they had forgotten to add the sandwich. Seeing the misunderstanding the family thought they would simply pay for it and go on. However, they were officially detained and treated like criminals.
While this story doesn’t take place in Phoenix, it’s very similar to how Arizona might deal with a similar infraction. Standing up to its reputation of being hard on crime, Arizona takes no exception to shoplifting or theft. A person could easily serve time in jail or doing community services depending on the value of the theft or intent. Something as minor as a candy bar could get you fined and banned from a store and even its sister stores.
Since Arizona tends to favor business owners, there tends to be a tendency to “teach people a lesson” when it comes to sentencing for a theft. Make sure you speak to a lawyer to ensure your best chance in an Arizonan court.
Both the federal government and Arizona continue to utilize substantial resources on the war on drugs. Several years ago, the federal government expanded the primary objective of the U.S. Border Patrol to not only intercept and detain illegal immigrants, but also to look for and seize illegal drugs and other contraband. The border patrol coordinates these anti-drug efforts with local law enforcement.
In practice, especially in a border state like Arizona, this additional objective has meant longer delays and further, more intrusive stops including dog or canine “sniffs” and searches at border patrol checkpoints located throughout Arizona, particularly on Interstate 8 near Yuma. A large number of people over the last several years have been stopped, had both their person and vehicle thoroughly searched by officers and dogs, and been cited or arrested for possession of marijuana and other illegal drugs. Possession of a single marijuana joint or even rolling papers or other drug paraphernalia by themselves can be charged as a criminal drug felony in Arizona. In many cases we’ve seen over the last couple of years, people merely traveling through Arizona with valid prescriptions or medical marijuana cards from other states do not realize that their cards or prescription is not applicable nationwide and not valid in Arizona, and end up with serious criminal drug possession charges and even end up being taken to jail.
A consultation with one of our qualified Arizona attorneys could mean the difference between a felony on your permanent record with a prison term or having the charges dismissed.
In recent years, the subject of using marijuana has become seemingly more acceptable both through the pop culture of movies, television, and music. Even the most recent changes in the law in Arizona and other states regarding the use of medical marijuana give the subject a feeling of “it’s not that bad.” In spite of the apparent relaxation of society’s attitude towards the drug, it is important to note that possession or use of marijuana or drug paraphernalia, even in minor amounts, are still felony criminal offenses in Arizona, and the courts in this state will and do prosecute offenders accordingly.
Neighboring states around us, like California, are some of the most lenient – at least as to marijuana, allowing possession with a medical card and even treating possession of small amounts as a petty offense similar to a traffic citation. On the other hand, Arizona considers itself one of the toughest states in response to the war on drugs. Many people traveling across state lines into Arizona are more than surprised when they are pulled over and found to be in possession of marijuana and now are facing serious felony charges with the possibility of a prison sentence. If you are a medical marijuana user from another state and have a prescription, you need to realize that your authorization for use does not apply nationwide nor across the state line into Arizona and you may still face significant criminal charges in connection with the possession or use of marijuana in this state.
Facing drug charges in Arizona is tricky and can expose you to life changing consequences including incarceration, and the guidance of an experienced criminal defense attorney can be crucial in this regard. Contact the attorneys at Owens and Perkins if you or your loved ones are charged with or with any questions regarding a marijuana charge in Arizona.
When it comes to the war on drugs, the kingpin of all drug offenses in Arizona are the ones that have to do with methamphetamines, better known as “meth”. Arizona has been struggling with the fact that this drug is becoming more and more a significant problem due to the extremely addictive nature of the substance and the relatively ease of manufacturing and obtaining the drug.
Just possessing as little as 9 oz. of methamphetamine will get you a mandatory prison sentence of at least five (5) years without probation or parole. A second offense involving the possession and sale of methamphetamine may give rise to a minimum of 10 years in prison. Convictions involving methamphetamine in Arizona also require also that any prison sentence be done as “flat time”; that means that you must complete the ENTIRE sentence with no chance for early release for good behavior or parole.
Whereas some drugs, like marijuana, may be argued to have a medical benefit, methamphetamine has zero health benefits and the odds of you going to jail for the use, possession, transport, or sale of meth in Arizona are almost guaranteed. Simply stated, you will need a very experienced attorney here in Phoenix if there is any hope to lowering any charge or minimizing the consequences. Please contact one of the attorneys here at Owens & Perkins for more information on this topic.
Most people today would say that the strides taken against domestic violence has been a huge victory for women’s rights and their right to be protected. Some would even say that it’s still not enough. On either side of the issue, Arizona in particular has made sure that domestic violence is something that it takes seriously. In the last 5-10 years, the penalties in domestic violence offenses have become much more severe and can have serious consequences beyond just the criminal case itself.
If there is even a hint of a domestic disturbance which results in the police being called out, there is a good chance that someone, or both parties even, will go to jail. In fact, once an accusation is made and the police are involved, there is nearly nothing the victim can do to take back the allegations or “drop” the charges. That decision is up to prosecutors and the courts. Domestic Violence offenses in Arizona are defined more broadly than just a physical assault or fight. Even something as little as breaking a dish during an argument or even loud shouting during an argument can result in criminal charges designating as domestic violence. A case that made the news recently involved a woman being taken to jail and charged with battery/domestic violence for throwing a cupcake at her husband during an argument. Conviction of a domestic violence offense, even if the underlying charge is minor, can change the course of your life. Future employment will always be an issue and it can even be a deportable offense if you are not a United States citizen. This is when it is very important to have strong legal representation that can help.
In many cases that we see, it starts merely as a heated argument in which someone called the police to help defuse or mitigate the situation, not thinking that this would turn into an arrest and criminal prosecution over months and sometimes years for the parties involved. In situations such as these, it is possible to resolve the case and bring common sense to bear, but you will need a strong attorney to advocate on your behalf. If you or a loved one are facing criminal charges involving domestic violence, please call the criminal attorneys at Owens & Perkins today.
Many people are aware of the “You drink, You drive, and You lose” mentality in Arizona regarding DUIs as set forth in television advertisements and on billboards throughout the State. However, considerably less people understand that these same ramifications and penalties for DUIs also apply in large part to drinking and operating a boat, jetski or other watercraft on the lakes, rivers and waterways in our great state. In other words, if you are caught driving a boat while intoxicated (“OUI”) you can expect the same harsh penalties as you would for a DUI. In a state where people love their time out on lake or river during the hot summer months, this is not to be taken lightly.
Most county sheriff’s departments have their own specialized divisions to patrol these waterways, but you should also know that the wardens with the Arizona Game and Fish Department are also licensed Arizona peace officers and have the same abilities to cite, arrest, and investigate criminal actions as other law enforcement officers. Depending on the remoteness of the location, you will still be required to complete field sobriety tests as well as breath or blood testing. And in relation to the field sobriety tests, you may be called to demonstrate your balance and coordination skills on a rolling boat. You can imagine that there might be some problems with this procedure or even with scientific testing of breath or blood for the presence of alcohol or drugs in often rural, remote locations – problems that a skilled OUI attorney would be able to spot and use to help you in defending your case.
Owens and Perkins carries the philosophy that they strive to provide personal, effective and fair representation for people charged with a variety of criminal offenses. If you are looking for an affordable attorney to defend you on OUI charges, please give us a call.
Needless to say, this is a spot that no one wants to find themselves in on any day. Even more so, Arizona is known to have one of the harshest policies of any state when it comes to cracking down on people who drink and drive. Every year, the Arizona state legislature tries to make the penalties for DUIs stricter, thinking that this will prevent people from drinking and driving. One thing that they can be sure of is that that no one will want to drink and drive…again.
DUI is normally charged as a class one misdemeanor criminal offense which can carry maximum penalties of up to six months in jail and up to $2,500 in fines not including other related assessments and fees. At this time, even for a first time offense for DUI, Arizona requires mandatory jail time ranging from 24 hours all the way up to 45 days depending on the level of intoxication and circumstances involved. If the DUI you have been charged with involves: (1) a passenger of under 15 years of age in the vehicle; (2) driving with a suspended or revoked driver’s license; or (3) a 3rd or more DUI in the last seven years, you could be facing a felony and a mandatory minimum sentence of 4 months in prison.
There are other serious ramifications resulting from a DUI beyond just incarceration. Of course, the financial strain from a DUI can be severe with fines, fees and assessments ranging from $1,800 to over $10,000 upon conviction. Additionally, you may face a suspension of your driver’s license as well as being required to install and maintain a interlock ignition device in your car. An interlock ignition device requires you to blow through a tube to ensure that no alcohol is present before your car will start. Arizona has recently required that even first-time DUI offenders must have an interlock ignition device installed and operating on their vehicle for up to 12 months. Finally, your insurance rates may skyrocket or you may be dropped from your current policy.
The reason we bring up this subject today is that many people are unaware that a good DUI attorney is your best chance when facing the courts. Oversights or inconsistencies in police procedure or in the breath or blood testing can help bring down charges and fines considerably. A really good DUI attorney could mean the difference between a DUI, a reduced charge, or even dismissal of all charges in some cases. If you have been charged with a DUI and have questions or want to discuss issues in your case, please contact one of our criminal attorneys now.
In our continuing series, we’d like to review the topic of probate. Probate is the legal process of administering the estate of a person who passed away.
The first thing that happens is that someone is appointed to be in charge of the estate. In Arizona, this person is called the Personal Representative (in other states it can be known as the executor, executrix or administrator). If the person had a Last Will and Testament, the Will states who is going to be the Personal Representative. If the person did not have a Will, Arizona law states who is eligible to be the Personal Representative. It is much easier if the person that died (known as the decedent) had a Will.
Once the Personal Representative is appointed, the next step is to begin administering the estate. The Personal Representative must identify all outstanding debts and assets of the estate, including any retirement and life insurance that may exist. The Personal Representative is responsible for making sure that the estate is fully administered by paying all debts, accumulating and liquidating or appropriately disposing of all estate assets and then accounting to and making distributions to the heirs.
In Arizona a typical probate will take anywhere from 6 months to 1 year; however, it can take longer.
The key to a smooth probate is a well drafted Estate Plan. If you have not yet created yours, now is the time.
Please contact one of our Arizona, Phoenix, or Scottsdale attorneys if you find yourself having questions involving probate or in need of preparing a Will, Trust or other testamentary documents.
A conservatorship is a legal process that becomes necessary when a person can no longer make or communicate safe or sound decisions about his/her finances and/or property and that person has not previously signed a financial Power of Attorney. The appointment of a conservator is an extremely important decision because establishing a conservatorship will remove considerable rights from the individual (known as the ward). A conservatorship is a court proceeding, open to the public, that requires continual monitoring by the Court and is more costly than having an estate plan prepared.
Because of the considerable amount of rights that are taken away from the ward, due process is required to ensure all actions are completed correctly. Since fraud can be an issue, all funds that belong to the ward remain the property of that person, and do not become property of the conservator. Once appointed, the conservator is required to post a bond for any unrestricted funds under the conservators control and to provide an annual accounting to the Court.
Often conservatorships are established for minors if a minor is in a car accident and entitled to receive money. The insurance company will not pay money to a minor and a conservatorship must be established. If an elderly person does not have an estate plan that includes a financial Power of Attorney, usually one of the children will have to petition the Court to be appointed as the conservator to be able to pay his/her parents bills and manage their finances. Many times, a conservatorship will be in place until the ward dies.
If you would like more information about getting appointed as a conservator, please visit us here or call us at 480.994.8824 to schedule a consultation.
Owens & Perkins believes that knowledge is power and knowing what you are dealing with is the best asset that you can obtain. Over the next few weeks, our firm will be taking advantage of the use of internet to go over some of the things that you might be facing today. In all reality, if you have come to a point in your life where you find that you need an attorney, you will want to start with the facts. Our attorneys are always willing to help answer any questions.
A guardianship can be established for either a minor child or an adult. In the case of a child, the responsibility of the child’s care is removed from the parents and given to another responsible individual. The guardian assumes all of the responsibilities that a parent would possess. This may occur for several reasons. A child’s parents may not have the ability to provide adequate care for the child, or the parents may decide on their own that another adult would be better suited to care for the child. With an adult, a guardianship may be put in place to ensure the care of an adult who is unable to care for themselves or make effective decisions as the result of illness, disability, or otherwise.
In a guardianship, the individual appointed as guardian has the power to make important decisions regarding the ward in their care, including their residence, education, and medical care.
If you are interested in obtaining more information on guardianships, please visit our website or call us at 480.994.8824 to schedule a consultation with one of our Phoenix attorneys.