Arizona's Felony DUI Law with Minor in the Car (ARS 28-1383) Explained

Investigative Article

Driving under the influence (DUI) is a serious offense no matter where you are in the world. In Arizona, the consequences of DUI are even more severe, especially if you are caught driving with a minor in the car. Arizona takes DUI very seriously and cases involving driving with minors while under the influence are charged as felony DUI cases.

How Does Arizona Define Aggravated DUI Charges?

In Arizona, there are several factors that can turn a regular DUI charge into an aggravated DUI charge. One of these factors is if a minor was present in the vehicle at the time of the DUI offense. Additionally, if your blood alcohol content (BAC) is higher than .08, you can also face an aggravated DUI charge.

How Does Arizona Penalize DUI's Involving Minor Children?

If you are charged with a DUI involving a minor in Arizona, you will be charged with a felony. The consequences for a felony DUI charge in Arizona include a minimum of four months in prison and a fine of at least $750. The penalties for a felony DUI are much harsher than those for a regular DUI. If you are a first-time offender, you can also face a mandatory ignition interlock installation.

Are There Related Offenses I Can Be Charged With?

In addition to a felony DUI charge, there are other related offenses you can be charged with if you are caught driving under the influence with a minor in the car. These offenses include child abuse, reckless endangerment, and contributing to the delinquency of a minor. These charges can result in even harsher penalties than a felony DUI, so it is important to hire a skilled defense attorney to help you navigate your case.

Defenses to a Felony DUI with a Minor in the Car

If you are charged with a felony DUI involving a minor in Arizona, there are several defenses that may be available to you. One defense is to challenge the validity of the traffic stop or the arrest. If law enforcement did not have a valid reason to pull you over or arrest you, the charges against you may be dropped. Another defense is to challenge the breathalyzer or blood test results. If the results were inaccurate or improperly administered, they may be inadmissible in court.

What Should You Do If You Are Charged with a Felony DUI with a Minor in the Car?

If you have been charged with a felony DUI involving a minor in Arizona, it is crucial to hire an experienced defense attorney. A skilled attorney will be able to investigate your case thoroughly and determine the best defense strategy for your specific situation. They can also work with the prosecutor to negotiate a plea agreement that may reduce your charges or penalties. Additionally, a defense attorney can help you navigate the court system and ensure that your rights are protected throughout the legal process.

Conclusion

Driving under the influence of alcohol or drugs is a serious offense, and driving with a minor in the car exacerbates the gravity of the situation. In Arizona, the state takes a hard stance on DUI offenses with minors involved, and you can face felony charges, which have harsh penalties. If you are charged with DUI with a minor in the car, it is important to seek the guidance of an experienced defense attorney. A good defense lawyer can help you navigate the legal system and work towards a favorable outcome for your case.

For more information about Arizona Felony DUI with Minor in the Car, visit Arizona Felony DUI with Minor in the Car ARS 28-1383.

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Arizona Implements Tougher Sentencing for Fentanyl Dealers

Investigative Article

The Truth Behind Arizona’s Increased Prison Sentences for Fentanyl Dealers

Fentanyl, the extremely potent synthetic opioid, has been wreaking havoc across the United States. It has surpassed heroin as the deadliest drug in America, causing tens of thousands of overdose deaths every year. Recently, Arizona has passed a new law, the Ashely Dunn Act, that promises to increase the minimum prison sentence for fentanyl dealers. But what are the details of this new law, and will it have the intended effect of combatting the fentanyl crisis? Let’s investigate.

The Ashely Dunn Act

The Ashely Dunn Act is named after a 22-year-old Arizona resident who died of a fentanyl overdose in 2018. The law establishes a mandatory prison sentence for individuals convicted of selling, manufacturing, or transporting fentanyl. Specifically, the law sets the minimum sentence at 5 years for less than 4 grams of fentanyl, 10 years for 4 to 14 grams, and 15 years for 14 to 28 grams or more. The maximum sentence for any of these offenses is life in prison.

Arizona’s Sentencing Guidelines

How does Arizona’s new law compare to other states’ penalties for fentanyl offenses? The truth is, Arizona is actually late to the party in terms of cracking down on fentanyl dealers. Many other states have already passed similar laws or have established mandatory minimum sentences for fentanyl offenses under existing drug laws. Nevertheless, Arizona’s new law is a step in the right direction, as it enables law enforcement to go after fentanyl dealers more aggressively.

Defenses to Dealing Fentanyl

What about defendants who are caught dealing fentanyl? Do they have any defenses available to them? In general, there are two types of defenses: factual and legal. Factual defenses challenge whether the defendant actually committed the offense. For example, the defendant might argue that the drugs found on them were not fentanyl, or that they were not intending to sell them. Legal defenses, on the other hand, challenge the prosecution’s ability to prove the defendant’s guilt beyond a reasonable doubt. For instance, the defendant might argue that the search and seizure conducted by the police was unlawful. These defenses can vary depending on the circumstances of the case and the specific laws of the jurisdiction.

Federal Defense Attorney Josh Kolsrud

If you are facing charges for a fentanyl offense, you need a skilled and experienced attorney who can help you navigate the complex legal system. Josh Kolsrud is a federal defense attorney who has helped numerous clients in cases involving drug offenses. He is familiar with the nuances of federal drug laws and has successfully fought cases at all stages of the legal process. With his help, you can mount a strong defense and ensure that your rights are protected.

The Bottom Line

Arizona’s new law, the Ashely Dunn Act, aims to increase the minimum prison sentence for individuals convicted of dealing fentanyl. While the law is a positive step toward addressing the fentanyl crisis, it is not a panacea. Many other states have already taken similar action, and it remains to be seen whether Arizona’s law will have a significant impact on the epidemic. If you are facing charges for a fentanyl offense, it is crucial that you seek legal counsel from an experienced attorney like Josh Kolsrud.

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"Meet Alissa Warren: Attorney with a Background in Criminal Defense and Family Law"

Feature Article: "Alissa Warren: The Road to Becoming a Service-Connected Veteran and Attorney"

Alissa Warren's story is one of perseverance, hard work, and dedication. Born in a small farming town in Nebraska, Warren always knew she wanted to serve her country. After high school, Warren joined the U.S. Army, serving as a Military Police Officer in the 855 MP Company on Sunnyslope. Her service was cut short after a severe back injury left her permanently disabled, but Warren did not let this stop her. Instead, she used her experience and knowledge to pursue a career in law, eventually becoming a service-connected veteran and successful attorney.

Early Life and Military Service

Warren grew up in rural Nebraska, where she learned the value of hard work and dedication. Inspired by her father, who had served in the U.S. Navy during the Vietnam War, Warren decided to join the military after high school. She enlisted in the U.S. Army and was stationed in Arizona, where she completed her basic training and military police training.

Injury and Recovery

During a training exercise in 1993, Warren suffered a severe back injury that ruptured two discs and caused permanent nerve damage. Doctors told her she would never be able to run, jump, or climb again and that her military career was over. Warren was devastated but refused to give up. She spent months in physical therapy and rehabilitation, determined to regain as much mobility as possible.

Transition to Law

After her injury, Warren was determined to find a new career that would allow her to use her knowledge and experience. She attended college and then law school, graduating with honors. She then began working as an attorney, specializing in criminal defense and family law.

Service-Connected Disability

Warren's injury was determined to be service-connected, meaning it was directly related to her military service. As a result, she is eligible for disability compensation from the Department of Veterans Affairs. This compensation helps her manage the cost of her ongoing medical needs and allows her to focus on her career as an attorney.

Success as an Attorney

Today, Warren is a successful attorney, practicing law in the Phoenix area. She is known for her dedication to her clients and her commitment to justice. Warren is also active in the veteran community, serving as a mentor and advocate for other service members and veterans.

Personal Life

When she is not working as an attorney or advocating for veterans, Warren enjoys spending time with her family and friends. She is married with children and is an active member of her community.

The Importance of Service

Warren's story is a testament to the importance of service and dedication. Despite facing numerous obstacles, she never gave up on her dreams and used her experience and knowledge to pursue a successful career in law. Her commitment to justice and her dedication to helping others make her a true inspiration.

Alissa Warren: Attorney and Service-Connected Veteran

If you want to learn more about Alissa Warren and her career as an attorney, you can visit her page on the CHM Law website. Service-Connected Veteran and Successful Attorney-Alissa Warren

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Prescription Drug DUI Under Arizona Law

Investigative Article: Is Arizona’s Prescription Drug DUI Law Just?

Driving under the influence (DUI) of drugs and alcohol is a serious criminal offense in Arizona, punishable by hefty fines, license suspension, and jail time. However, what about prescription drugs? Is it fair for someone to be charged with DUI when they were using medication as directed by their doctor?

The Truth Behind Prescription Drug DUI Charges

While prescription drugs, when used properly, can help manage pain or treat medical conditions, they can also impair a person’s ability to drive safely. According to Arizona law, driving under the influence of any drug, including prescription and over-the-counter medications, that impairs a person’s ability to drive is a DUI offense. In other words, if someone is pulled over by law enforcement, and their driving is impaired, the investigating officer can arrest them for a DUI.

Penalties for prescription drug DUI are similar to penalties for driving under the influence of alcohol or illicit drugs, including jail time, fines, and the possibility of license suspension. Furthermore, the fact that a driver had a valid prescription for the medication at the time of arrest is not a valid legal defense against the DUI charges.

The Role of Drug Recognition Experts

Drug recognition experts (DRE) are law enforcement officers trained to assess whether someone is impaired by a drug and, if so, what type of drug. A DRE’s evaluation includes physical assessments, blood pressure, and pulse rate checks, and a drug influence evaluation, which includes checking the suspect’s eye movement, balance, coordination, and reaction time. If a DRE suspects that someone is under the influence of a certain drug, they may request a blood or urine test to confirm their suspicion.

However, the question remains whether DRE evaluations can effectively determine whether someone is impaired by prescription drugs. Many prescription drugs, such as those used for pain relief, have side effects such as drowsiness and dizziness, which can mimic the symptoms of impairment. Additionally, some prescription drugs can remain in a person’s system long after their therapeutic effect has worn off, which can lead to false positive DUI charges.

Defenses to Prescription Drug DUI Charges

If you are facing prescription drug DUI charges in Arizona, there are some possible defenses that you can raise. For example, you can prove that your medication was being used as directed by your doctor, and you did not realize that it could impair your ability to drive. You can also argue that the investigating officer did not have reasonable suspicion to stop you or had no probable cause to arrest you for DUI. Finally, you could challenge the validity of the DRE evaluation or the blood or urine tests to show that they were unreliable or improperly performed.

Frequently Asked Questions

Can I be charged with prescription drug DUI if I have a valid prescription?

Yes. Having a valid prescription for your medication does not exempt you from DUI charges if you were driving impaired at the time of your arrest.

How long can prescription drugs remain in my system?

The length of time that a drug stays in your system can vary depending on several factors, such as the type of drug, your body weight, and your metabolism. Some drugs can remain detectable in your blood or urine for up to a week or more after you take them.

Is it possible to have charges dismissed or reduced for prescription drug DUI?

Yes. A skilled criminal defense attorney can help you negotiate with the prosecutor for reduced charges or even dismissal of your case, depending on the facts and circumstances of your case.

Contact Our Criminal Defense Attorneys

At Kolsrud Law Offices, we understand how serious prescription drug DUI charges can be. Our attorneys have extensive experience defending clients against DUI charges, including prescription drug DUI charges. We know how to challenge the evidence against you, negotiate with the prosecutor, and protect your rights throughout the legal process. If you have been charged with prescription drug DUI in Arizona, contact us today for a free consultation.

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Understanding Arizona's Human Trafficking Laws

Opinion Article: The Importance of Understanding Arizona Human Trafficking Laws

Introduction

Human trafficking is a serious problem not just in Arizona but around the world. Victims of human trafficking are often subjected to physical and emotional abuse, forced labor, and sexual exploitation. In Arizona, lawmakers have passed several laws to combat human trafficking, but many people still don't understand what these laws mean. In this opinion article, we'll explore the importance of understanding Arizona human trafficking laws.

The Definition of Human Trafficking

Before we dive into Arizona human trafficking laws, it's important to understand what human trafficking is. According to the United Nations, human trafficking is "the recruitment, transportation, transfer, harboring, or receipt of persons by means of threat, use of force or other forms of coercion, abduction, fraud, deception, the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation." Exploitation can include forced labor, sexual exploitation, and even organ removal.

Arizona Human Trafficking Laws

Arizona has several laws aimed at combating human trafficking. The first, which was enacted in 2006, allows prosecutors to charge human traffickers with a class two felony, which carries a sentence of up to 12.5 years in prison and a $150,000 fine. The law also established a fund to help victims of human trafficking. In 2014, Arizona lawmakers passed another law aimed at combating human trafficking. This law allows law enforcement officials to seize the assets of human traffickers and use those assets to compensate victims. Another Arizona law aimed at combating human trafficking is the Safe Harbor Law, which was enacted in 2015. This law provides immunity to minors who are victims of sex trafficking and offers them protection and services instead of prosecution. The law also allows victims to sue their traffickers for damages.

The Importance of Understanding Arizona Human Trafficking Laws

Understanding Arizona human trafficking laws is crucial for several reasons. First, it can help victims of human trafficking get the help they need. If more people are aware of the laws regarding human trafficking, they may be more likely to report suspicious activity or offer assistance to victims. Second, understanding Arizona human trafficking laws can help prevent future trafficking. If more people know that human trafficking is illegal and understand the consequences of engaging in it, they may be less likely to participate in or facilitate human trafficking.

The Role of Education

One of the keys to understanding Arizona human trafficking laws is education. Schools and other organizations can play a critical role in educating the public about human trafficking and the laws surrounding it. This education can include information about how to identify potential trafficking victims, what to do if you suspect someone is a victim of trafficking, and how to support anti-trafficking efforts in the community.

Conclusion

Human trafficking is a serious problem in Arizona and around the world. Understanding Arizona human trafficking laws is essential for combating this issue and helping victims get the support they need. By educating ourselves and others about human trafficking, we can work towards a world where this heinous crime no longer exists. For more information about Arizona human trafficking laws, please visit https://azcriminalandfamilylaw.com/arizona-human-trafficking-laws/.
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Understanding Theft, Robbery, and Burglary Differences in Law

The Difference Between Theft, Robbery, and Burglary - Explained by Experienced Criminal Defense Attorneys

Every year, millions of Americans become victims of theft, robbery, and burglary. While these terms may be used interchangeably in casual conversation, they have distinct legal meanings. Many people who are accused of these crimes may not realize the fine line between them, which is why it's essential to have an experienced criminal defense attorney by your side.

Theft: Taking Someone's Property Without Permission

Theft is the act of taking someone else's property without their permission. It can range from something as small as shoplifting to something more severe, like grand theft auto. Theft can also include the use of deception to obtain someone else's property. For example, if you use someone's credit card without their permission, it's considered theft.

Penalties for theft depend on the value of the stolen property, the state law, and other circumstances, such as whether the property was stolen from a residence or a person's vehicle, whether the defendant has any prior convictions, and whether anyone was injured or killed during the commission of the offense.

Robbery: Taking Someone's Property by Force or Fear

Robbery involves the use of force or fear to take someone's property. For instance, if you use a gun to force a person to give you their money, it is considered robbery. Robbery is considered a violent crime, and the penalties are more severe than for theft. The severity of the sentence depends on various factors, including the type of weapon used, the extent of force or violence used, and whether the victim was injured or killed.

Burglary: Entering Someone's Property with the Intent to Commit a Crime

Burglary is the act of entering someone's property with the intent to commit a crime, such as theft or robbery. The crime does not necessarily have to take place for the burglary charge to stick. Breaking into a home or business with the intent to steal something, even if the thief leaves without taking anything, can lead to a burglary charge. The sentence for burglary depends on whether the property was occupied and the degree of force used during the break-in.

Penalties for Theft, Robbery, and Burglary Charges

The severity of the penalties for theft, robbery, and burglary charges varies widely and depends on the particular circumstances of the crime. Penalties can include substantial fines, probation, community service, restitution, and imprisonment.

If you're facing criminal charges on theft, robbery, or burglary, your situation is too critical not to hire an experienced criminal defense attorney.

FAQs about Theft, Robbery, and Burglary

What is the difference between theft and robbery?

Theft is the act of taking someone else's property without their permission. Robbery involves the use of force or fear to take someone's property.

Is burglary a violent crime?

Although burglary does not necessarily involve violence, it's considered a violent crime because you invade someone's private space and put them at risk.

What is the difference between burglary and breaking and entering?

Breaking and entering refer to the forced entry of a property, while burglary involves that same entry plus the intent to commit theft, robbery, or any other crime.

Do I need a defense attorney for a theft or robbery charge?

It's crucial to have an experienced criminal defense attorney if you're facing criminal charges for theft or robbery to ensure that you are adequately represented in court and that your rights are protected.

Contact an Experienced Criminal Defense Attorney

If you or someone you know is facing criminal charges for theft, robbery, or burglary, you need an experienced defense attorney to represent you in court. Kolsrud Law Offices is a team of experienced criminal defense attorneys who can help you navigate the legal system and ensure that your rights are protected. Contact us today for a free consultation, and let us help you get the best possible outcome for your case.

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Navigating Non-Traditional Households in Arizona: Legal Implications for Modern Family Structures

Investigative Article: Navigating Non-Traditional Households in Arizona

Non-traditional families have become increasingly common in the modern era, prompting legal implications to arise in many states. In Arizona, the challenges and legal processes involved in navigating non-traditional families are complex and require careful attention to legal details. This investigative article seeks to explore the legal implications for non-traditional families in Arizona and how to navigate these challenges.

The Rise of Non-Traditional Households

Non-traditional households have become more common in recent years, with same-sex couples, unmarried couples, and blended families comprising a significant portion of households in the United States. According to a report by the Pew Research Center, the number of cohabiting adults has risen dramatically since 1990, with 18 million people now living with an unmarried partner. In Arizona, many of these non-traditional households face unique legal challenges when it comes to navigating family law.

Legal Implications for Non-Traditional Households in Arizona

Arizona’s family law courts generally require couples seeking a divorce or separation to resolve issues such as property division, custody, and child support. However, these issues can be far more complex for non-traditional families. For example, same-sex couples may face legal challenges in terms of property and parental rights. Additionally, blended families may experience custody disputes when a stepparent seeks to adopt their spouse's child.

In Arizona, children born to unmarried parents may require additional legal measures to protect their rights. Unmarried fathers, for instance, may need to establish paternity through a court order before seeking custody or visitation rights. This situation can become more complicated when the father’s name is not listed on the child’s birth certificate.

LGBTQ+ Families and the Law

For same-sex couples, legal processes for navigating adoption, parental rights, and marriage can often be uncertain and confusing. The legalization of same-sex marriage in 2015 was a significant step, but it did not immediately resolve all legal issues related to LGBTQ+ families. In Arizona, same-sex couples can legally adopt and obtain parental rights, but there can still be challenges in terms of inheritance, hospital visitation, and custody issues.

Blended Families and Adoption

In blended families, stepparent adoption can play a crucial role in securing parental rights and creating legal ties between the parent and the child. However, stepparent adoption requires a complex process, involving background checks, consent forms, and a home study. Additionally, the adoption cannot take place before the stepparent has been married to the biological parent for at least six months. Understanding these legal details can help blended families navigate the adoption process with greater ease.

Child Custody and Parenting Time

When it comes to child custody and parenting time, non-traditional families are often presented with unique challenges. In Arizona, courts prioritize the "best interests of the child" when making custody and parenting time decisions. This determination can be complex for non-traditional families, as there may be multiple parents or guardians involved. Establishing a cohesive parenting plan and determining the roles of each parent is critical in navigating these challenges.

Property Division and Alimony

Non-traditional families have unique challenges when it comes to property division and alimony. Unmarried couples may not have the same rights to property division as married couples, and the distribution of assets can become complicated when a couple separates. Additionally, non-traditional families may not have access to the same spousal support laws as traditional married couples. Understanding the legal details involved in property division and alimony can help non-traditional families navigate these legal challenges.

Conclusion

Navigating non-traditional families in Arizona requires careful attention to legal details and an understanding of the legal implications involved. Non-traditional families, such as same-sex couples, blended families, and unmarried couples, face unique legal challenges when navigating family law. By understanding the legal details involved in navigating these challenges, non-traditional families can secure their legal rights and protect the best interests of their children.

For more information on navigating non-traditional families in Arizona, visit the Law Offices of Lemuel A. Carlos.

Modern Family Structures and Legal Implications: Navigating Non-Traditional Households in Arizona-
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Restoring Voting Rights After a Felony Conviction in Arizona

Opinion Article: The Importance of Restoring Voting Rights in Arizona

Losing More Than Just Freedom: The Implications of Felony Charges on Voting Rights

In Arizona, a conviction for a felony has numerous consequences that extend beyond the standard sentence of imprisonment and probation. One of the most notable of these consequences is the immediate suspension of an individual's voting rights. This means that, for the duration of their sentence and probation, they are no longer able to exercise the fundamental democratic privilege to vote. This automatic suspension of voting rights is a grave injustice, as it disproportionately impacts communities of color and those with lower income levels. Felony charges carry the stigma of having committed an egregious act, and the additional penalty of losing a fundamental democratic right furthers the notion of inequality under the law.

The Long Road to Restoring Voting Rights in Arizona

Fortunately, Arizona state law includes provisions for voting rights restoration. However, these provisions are often obscure and difficult to understand for those already burdened with navigating the criminal justice system. For first-time offenders, voting rights restoration is possible under ARS § 13-912. However, this statute requires that all fines, fees, and restitution be paid in full before the individual is eligible for voting rights reinstatement. For those with multiple convictions, the process is even more challenging, as restoration can only occur after a ten-year waiting period and the satisfaction of specific conditions under ARS § 13-905. This convoluted process has resulted in the disenfranchisement of countless individuals who have already completed their sentences, yet are still denied the right to vote. Consequently, the Arizona legislature has taken up the issue of voting rights restoration, with various proposals aimed at simplifying this process for those affected by felony charges.

Fighting for the Right to Vote: The Legal and Moral Imperatives

The fundamental right to vote is essential to a functioning democracy, and voting rights restoration offers hope and a path forward for those who have become disenfranchised. Legalizing voting rights for those with felony convictions is not only a moral imperative, but one that has practical implications for greater societal well-being. Voting is an essential civic duty that allows individuals to have a say in their future and contribute to the development of more just and equitable communities. Restoring voting rights for all individuals in Arizona is critical in the fight for greater social justice and political equity. While the current provisions for voting rights restoration are a step in the right direction, much remains to be done to simplify the restoration process and ensure that everyone has the opportunity to exercise their right to vote.

The Urgency of Restoring Voting Rights in Arizona

The consequences of felony charges extend far beyond imprisonment and probation, impacting an individual's financial stability and social standing. The automatic suspension of voting rights further magnifies the inequality inherent in the criminal justice system, stripping individuals of their right to participate in the democratic process. As such, the restoration of voting rights is critical to ensuring greater social justice and equity in Arizona and the nation. The Arizona legislature must move swiftly to address this critical issue by simplifying the restoration process, reducing the waiting period required for multiple offenders, and eliminating the financial barriers that often stand in the way of restoring voting rights. By doing so, they can create a more just and equitable system that upholds the principles of democracy and values the voices of all its citizens.

The Time for Action is Now

The restoration of voting rights for all individuals in Arizona is not only a legal and moral imperative, but a practical necessity for the well-being of a functioning democracy. By providing disenfranchised individuals with a path forward to restoring their voting rights, we can create a more just and equitable society that values the voices of all its citizens. Join us in the fight for greater social justice and political equity by supporting voting rights restoration in Arizona. Restoring Voting Rights in Arizona
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Spouse Avoiding Divorce Papers: What to Do?

Feature Article

Avoiding Service of Divorce Papers: What to Do

Going through a divorce can be stressful and emotional for everyone involved. But what happens when one spouse is avoiding service of the divorce papers? It can complicate the process even further. In this feature article, we'll explore what you can do when your spouse is avoiding service of divorce papers.

Understanding Why Your Spouse is Avoiding Service

Before you take any action, it's important to understand why your spouse may be avoiding service of the divorce papers. Some common reasons include:

  • Denial that the marriage is over: Your spouse may be in denial that the marriage is really ending and may hope that by avoiding the papers, the divorce won't go through.
  • Fear of losing assets: If your spouse is worried about losing assets in the divorce, they may think that avoiding service will prevent the divorce from happening.
  • Revenge: In some cases, a spouse may avoid service as a way to get back at their partner for wanting a divorce.

Taking Action

If your spouse is avoiding service of the divorce papers, there are several steps you can take:

  • Try to Serve Them Personally: You may be allowed to personally serve the papers to your spouse. This means that you would physically give them the papers instead of having them served by a professional. Check your state's laws to see if this is an option for you.
  • Hire a Professional Process Server: A professional process server has experience in tracking down individuals who are avoiding service. They may be able to use skip tracing methods, such as database searches and surveillance, to locate your spouse.
  • File a Motion with the Court: If you're unable to locate your spouse, you can file a motion with the court to allow you to serve the papers in an alternate way, such as via email or publication.

Protecting Your Rights

If your spouse continues to avoid service, it's important to protect your rights. You can still move forward with the divorce proceedings, even if your spouse hasn't been served. Talk to your attorney about your options for moving forward without your spouse's participation.

Final Thoughts

Divorce is never an easy process, and avoiding service of divorce papers can make it even more complicated. However, by taking the right steps and protecting your rights, you can move forward and begin the next chapter of your life.

For more information on avoiding service of divorce papers, visit azcriminalandfamilylaw.com.

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Filing Taxes During a Divorce in Arizona

Feature Article: Filing Taxes During a Divorce in Arizona

Divorce can be a challenging and complex process for everyone involved. Once the divorce is finalized, there is still one important aspect that must be taken care of every year - taxes. Filing taxes during a divorce in Arizona can be a daunting task, but it is critical to do so correctly to avoid any future penalties or complications.

The importance of filing taxes during a divorce

After a divorce, both parties will be considered unmarried for the entire tax year if the divorce is finalized before December 31 of that year. This means that each party must file their taxes as "Single" or "Head of Household." Failing to file taxes properly during a divorce can lead to future complications, including interest, penalties, and even legal consequences.

The benefits of filing as "Head of Household"

Filing as "Head of Household" offers several benefits over filing as "Single," such as lower tax rates and a higher standard deduction. To qualify as "Head of Household," an individual must have paid more than half of the household expenses for the year and have a qualifying dependent live with them for more than half the year. This status can be especially advantageous for individuals with one or more dependents.

How to file taxes during a divorce in Arizona

Filing taxes during a divorce in Arizona can be complicated, especially if there are disputes over the division of assets or spousal support. It is best to consult with a qualified tax professional or attorney to ensure that all tax-related issues are handled correctly.

The first step in filing taxes during a divorce is to determine your filing status. As previously mentioned, individuals who are divorced before December 31 of the tax year must file as "Single" or "Head of Household." If the divorce is not finalized by December 31, the parties may still be able to file as "Married Filing Jointly" or "Married Filing Separately." However, this will require some additional steps, such as obtaining a court-approved agreement or court order.

After determining your filing status, the next step is to gather all necessary tax documents. This includes W-2 forms, 1099 forms, and any other income or deduction-related documentation. It is best to keep a clear record of all financial transactions related to the divorce, including any court-ordered payments or settlements.

Once you have gathered all necessary documentation, it is time to file your taxes. If you are unsure about filling out your tax forms, it is recommended to seek assistance from a qualified tax professional. They can help ensure that all tax-related issues are handled properly, and that you are maximizing your tax benefits.

Tax issues to consider during a divorce

There are several tax-related issues to keep in mind during a divorce in Arizona. These include:

Child support and alimony payments

Child support payments are generally not deductible by the payer and are not considered taxable income for the recipient. On the other hand, alimony payments are usually tax-deductible for the payer and taxable income for the recipient.

Dividing assets

When dividing assets during a divorce, it is important to consider the tax implications of each asset. Some assets, such as retirement accounts, may have different tax consequences than others. Additionally, it is important to consider the capital gains tax implications of selling certain assets.

Sale of the marital home

If the marital home is sold during the divorce process, it is important to consider the capital gains tax implications. In Arizona, there is a $250,000 capital gains tax exclusion for individuals who have lived in their home for at least two years. This exclusion may be available to one or both parties, depending on the specific circumstances surrounding the sale.

Tax credits and deductions

Divorced individuals who have children may be eligible for certain tax credits and deductions, such as the child tax credit and the earned income tax credit. It is important to ensure that all available tax benefits are being claimed to minimize tax liability.

Conclusion

Divorce can be a challenging and emotional time, but it is important to take care of all necessary tax-related issues to avoid future penalties and legal complications. Understanding the tax implications of divorce, including the benefits of filing as "Head of Household," can help simplify the process and ensure that both parties are maximizing their tax benefits. For assistance with filing taxes during a divorce in Arizona, it is recommended to seek guidance from a qualified tax professional or attorney.

Filing Taxes During a Divorce in Arizona

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