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Joint Custody

When parents divorce or separate, they come across new legal jargon like “joint custody.” But what does that actually mean in a legal and practical sense?

In contrast to solo custody, where one parent has sole legal custody of their kid, joint custody involves both parents sharing these rights.

Depending on which parent has the child’s legal custody, either joint custody or solo custody may apply. Parents who share custody have equal say over important life choices for their children. Parents do not share these rights in single custody cases.

Joint custody arrangements and legal custody

It is crucial to mention legal custody in any conversation about child custody agreements. When a parent has legal custody, they are able to make important choices that will effect their child’s future. Major choices are frequently made in relation to extracurricular activities, health care, extracurricular schools, and religious instruction. However, other facets of your child’s life might also be considered to be such. When trying to ascertain the areas of your child’s life over which you possess decision-making authority in a joint custody arrangement, it is crucial to verify with your attorney regarding what technically qualifies as “major.”

Parents who share custody have an equal say in such important choices. You risk being found in contempt of court if you try to stop the other parent from taking part in this decision-making. Any custody agreement is joint only if there is an equal division of the legal authority to make such significant choices.

Every state has its own laws on the matter, and joint custody can take many different forms.

Official Language for Spending Time with Children

In the majority of states, time spent with your child when you share custody of them is formally known as “timesharing,” “parenting time,” or “visitation.” While many may refer to such a situation as having “joint physical custody,” the term is not legally recognized to describe features of visitation in custody situations where joint legal responsibility for important life decisions is allocated.

One Standard Arrangement for Custody
One popular form of joint custody is one in which both parents are entitled to an equal amount of time with their child while also sharing the responsibility for all significant life decisions for that child. In these arrangements, the child will live with each parent for a certain amount of time, and the parents will work together to make choices regarding the child’s welfare and upbringing in a manner akin to when they were married (legal custody).

Example: Mother and Father agree to jointly decide on all significant matters pertaining to the welfare and upbringing of the child (legal custody) and set up a timetable where the child spends one week at a time with each parent.

Additional Types of Joint Custody

There are further joint custody situations that parents can come upon. One involves equal physical contact with the child but unequal legal custody. This could imply that the child will only live with one parent while both parents agree to work together to make parenting decisions.

Example: Mother and Father agree to jointly resolve all significant matters pertaining to the welfare and raising of the child (legal custody), however the child will reside with Mother, with the Father being granted visitation rights. A parent who has visitation rights is allowed to spend a specific amount of time with their child.

There are several forms of joint custody. For instance, even though the child spends time with both parents on a rotating basis, one parent can be given the entire authority to decide on the child’s educational options.

Get Legal Assistance from a Professional in Your Child Custody Dispute

It can be advantageous to have a knowledgeable attorney defending and guiding you in a custody dispute. Whether you want shared custody or some other arrangement, a child custody lawyer can help you get the best outcome for you and your child. Get a jump start right now by getting in touch with a local child custody lawyer.

Child Custody & Parenting Time, Divorce & Legal Separation, Divorce Attorney, Family Law, Sole Child Custody
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Criminal Defense Strategies

How To Hire A Criminal Defense Lawyer

Criminal defense lawyers assist their client (the defendant) in creating a criminal defense plan that will be applied throughout their whole criminal case. After being retained by their clients through a signed representation agreement, criminal defense lawyers start strategizing.

Criminal defense lawyers will guide their clients through the legal process, provide recommendations based on the case’s facts, and advise solutions. The client, however, ultimately decides the outcome of their case, including whether to enter a plea of guilty, not guilty, or nolo contendere, whether to testify in court, and whether to accept a plea deal. Although it is up to the defendant to make these choices, a criminal defense lawyer will offer support and advice.

In a criminal case, a criminal defense lawyer may make recommendations, which are covered in this article.

Overview of Criminal Defense

The identical set of factual circumstances can serve as the basis for two entirely distinct stories told by a prosecutor and a defense lawyer. Consider it in the same manner as you would a map of the United States. The states are shown on one map in their geographical regions, with state borders shown as dark lines. The United States is depicted on the opposite map instead using a gradient color scheme based on average income per population. Despite the fact that both maps are accurate, they won’t likely appear alike.

The best defense for the defendant’s circumstances must be developed by the defendant and the counsel. The conclusion should include elements like:

being supported by solid facts and data. Show that the defendant’s car was taken from them at gunpoint the morning of the offense, for instance, if it was being utilized as a getaway vehicle.
possessing the capacity to win over the jury or the judge through an emotional appeal. For instance, if at all feasible, demonstrate that the defendant made an effort to refrain from committing a crime before it was actually committed and even went so far as to inform the police of the potential crime.
elucidating and demonstrating the reasons why the events described by the defendant in his story actually happened. For instance, if the defendant asserts that they weren’t present when the crime was committed, their story must explain why they weren’t.
A criminal defense lawyer may also provide their client advice on how to approach lesser included charges, which are crimes committed while committing a more serious offense. The offender will receive a lighter sentence if they are found guilty of the lesser included offense rather than the more serious offence.

Developing a Criminal Defense Plan

The criminal defendant either hires a lawyer through a representation agreement or the court appoints one for them in accordance with their constitutional right to counsel as guaranteed by the Sixth Amendment. The criminal defendant will then outline their case to the prosecutor.

It takes more than just speaking the truth in a way that establishes the defendant’s innocence or minimizes the severity of the charge. Instead, it will frequently include evaluating the reliability of the witnesses and determining how well-known they are among the public and the police. A “theory of the case” based on the defendant’s account and other verifiable facts will be developed after taking all of these factors into account.

Attorney-client privilege will shield any information shared by the client with the lawyer, whether it was spoken or written.

Attorney-Client Confidentiality

You are entitled to attorney-client privilege if you hire a lawyer under a representation agreement. Any correspondence between a lawyer and their client, whether verbal or written, is protected by this privilege. Since these discussions are exempt from disclosure requirements, any information you share with your lawyer regarding a legal matter will remain private.

The attorney-client privilege has several exceptions, such as when it’s necessary to stop certain death or serious damage. However, in most cases, this privilege is in place to encourage open, frank communication between clients and their attorneys without worrying about a third party discovering the information. In the best interests of their clients, criminal defense lawyers can develop a criminal defense plan with the aid of this confidential information.

Getting Ready for Trial

Criminal defense lawyers will start planning how to best represent their clients after hearing their version of the tale. This depends on the specifics of each instance. The defendant will have to decide on their legal defense in court.

The attorney will need to come up with a plan to convince the judge or jury that the client is, in fact, innocent. Alternately, the client may maintain an alibi, in which case the lawyer will need to devise a plan to demonstrate that the client was elsewhere when the crime was done. The client may also confess to the offense while claiming a justification for their behavior, such as self-defense. The lawyer will need to make an effort to compile enough proof to persuade the judge or jury of the client’s argument.

Frequently, a criminal defense lawyer might also:

If the defendant decides to testify, get them ready by conducting practice interviews to help them memorize the defense argument;
Escort defendants to significant crime scenes to jog their recollections;
Encourage the defendants to record their account of the events in writing.
In order for the defendant to understand what kind of evidence are required from them, defense attorneys also educate clients about the prosecution’s case.

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A Private Criminal Defense Lawyer Is Vital To Your Future

Let’s briefly look at the ways your life can be impacted should you ever be charged with a crime:

  • Potential loss of relationships
  • Jail or prison time
  • A criminal record
  • Reduced career prospects
  • Expense of court fines

You need a private criminal defense attorney who can assist in getting the best possible outcome for your case – they can help you with:

  • Understanding the legal ramifications of the charges that have been filed
  • Explain strategies for your defense
  • Explore and explain what (if any) plea bargains are likely to be on the table
  • Discuss the post-trial and conviction process

Private criminal defense attorneys handle a wide range of cases and can help you by:

  • Reducing your criminal charge (an example would be from a felony to a misdemeanor)
  • Lessening the penalty for the crime
  • Reducing or eliminating potential jail time, for example, through probation
  • Developing a sound defense strategy with your best interests in mind

Your criminal defense lawyer should also have experience in the following areas:

  • Familiarity with crime scene investigations
  • Great knowledge of photographs, sketches, video and polygraphs
  • The interviewing techniques for police, victims and witnesses
  • The ability to effectively cross-examine your accuser

Finding A Criminal Defense Lawyer

While you can ask family and friends for a recommendation, it is understandable you may not want many (if any) people to know of your current circumstances and you may not have time to do a great deal of in-depth online research, so here are some questions to ask a criminal defense lawyer you are considering retaining:

  • What is your experience with cases similar to mine?
  • Will you be handling my case personally, or will an attorney I have not met be the point person?
  • Are you experienced in litigating trials involving a jury?
  • Are you knowledgeable regarding requesting a lesser charge or working on a plea agreement?
  • What is the fee and are payment plans available?

Fees

Many factors go into the determination of the fees a criminal defense lawyer will charge. Usually fees are either on a flat rate or billed hourly. Some attorneys will offer payment plans while others will want a retainer fee paid upfront before commencing the case. It is a good idea to shop around and seek out the best options for your circumstances. In situations where you cannot afford an attorney – it is possible you may be granted a government paid attorney who will represent you.

Source: “Hire a Criminal Defense Lawyer.” Findlaw, 6 Feb. 2019, criminal.findlaw.com/criminal-law-basics/hire-a-criminal-defense-lawyer.html.

Speak With One Of Our Criminal Defense Attorneys In Scottsdale

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Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation!

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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Will a Pending Lawsuit Go Away If I File for Bankruptcy?

Many people apply for bankruptcy after receiving legal notice of a lawsuit, and for good cause. A bankruptcy will effectively halt numerous legal actions. However, filing for bankruptcy won’t stop all of the actions you might encounter.

You should move swiftly if you are facing eviction. Start by reading more on bankruptcy’s automatic stay and evictions.

How Can Bankruptcy Prevent a Civil Case?

An order known as the automatic stay prohibits creditors from continuing any collection activity after a “debtor,” or the individual owing money, files a bankruptcy case. This prohibition extends to attempts to obtain a monetary judgment in a civil litigation.

The stay prevents creditors from receiving a disproportionate amount of the debtor’s available funds. The court has time to organize the available assets and fairly distribute them among all creditors by stopping the collection process.

Which Claims Are Not Stopped by Bankruptcy Filing?

People cannot completely dodge legal action by declaring bankruptcy. The following issues will persist even if a bankruptcy case is filed:

Felony cases, divorce and dissolution proceedings, child custody and support disputes, and the majority of evictions following a state court’s possession order (see below for an exception).
Most other lawsuits will be halted by the automatic stay.

Which Civil Lawsuits Will Bankruptcy Prevent?

Your debts and assets are impacted by bankruptcy. Therefore, any matter in which it is claimed that you owe money due to either your failure to make a payment on a debt or the injury you caused to someone else, the bankruptcy court will have jurisdiction over (the power to determine).

Several instances include the following:

a credit card balance, money sought for a contract breach, a financial disagreement between business partners, compensation for a negligence-related (accidental) personal injury case, like a car accident, a home foreclosure, the collection of a deficiency balance (the amount still owing after a property auction), or an eviction, if the state court has not yet issued the order for possession (see below for an explanation of the unique rules that govern eviction)

In nearly every one of these circumstances, the bankruptcy “discharge” decision that discharges qualified debt also discharges the underlying obligation, ending the legal dispute. Although not always. The creditor may occasionally pursue an action with the court’s approval.

Obtaining Approval to Continue the Lawsuit

In any case, the creditor has the right to request that the bankruptcy judge lift the automatic stay so that the state lawsuit can go forward. Such motions are frequently granted by bankruptcy courts in the following circumstances:

the lawsuit will decide a matter that must be resolved in the bankruptcy case (for example, it would be necessary to resolve an allegation of fraud to determine whether a debt will be wiped out, or “discharged,” in the bankruptcy), and it will be expensive to ask the court to make a decision. the outcome won’t affect the bankruptcy case, and the creditor faces financial harm (for example, a home lender stands to lose more money the longer it must wait to foreclose on a home that
In some circumstances, the party who filed the lawsuit may be entitled to continue it, but they must first obtain the court’s approval. An example would be a government agency pursuing an enforcement action, such as the cleanup of a toxic site, delaying the case and, out of an abundance of caution, filing an application to lift the automatic stay before proceeding with the prosecution.

After losing a lawsuit, declaring bankruptcy

It is always preferable to file for bankruptcy prior to the conclusion of the lawsuit. For instance, you might desire to do it for the reasons listed below:

to avoid the creditor placing a judgment lien on your property or obtaining a fraud judgment against you, which would make it extremely difficult to discharge the debt in a bankruptcy proceeding.
However, you are still permitted to file for bankruptcy even if you lose the lawsuit. Most attempts by creditors to recover money judgements will be halted by the automatic stay. This is accurate even if your wages or bank account are being garnished.

Additionally, filing for bankruptcy will momentarily halt a creditor’s attempt to liquidate your belongings in order to pay off a debt. To stop the judgment lien from being collected after the bankruptcy case, you must address it in bankruptcy.

Additionally, declaring bankruptcy will prevent the government from trying to suspend your occupational or driver’s license as a result of unpaid fines or traffic tickets. See Lawsuits You Can’t Stop By Filing for Bankruptcy for more information.

When Can an Eviction Be Stopped by Bankruptcy?

Landlords typically find it simple to move forward with eviction once a tenant filed for bankruptcy. However, landlords must still follow by laws that protect the rights of tenants.

If you’re in this scenario as a landlord or tenant, it’s essential to speak with an experienced attorney because the windows for action are limited and the regulations are difficult to apply.

Before the eviction court renders a judgment of removal

The automatic stay kicks in to stop the eviction if you file for bankruptcy before the eviction court rules in the landlord’s favor by issuing an order for possession or eviction judgment. However, if you have bankruptcy cases outstanding in the previous year, you might need to ask the court to impose the automatic stay.

If you are accused of threatening the property or using illicit narcotics, however, the automatic stay will expire quickly. In that situation, the landlord may proceed with the eviction by submitting a certification to the court. You can contest the certification, but you’ll need to appear in court and persuade the bankruptcy judge that the landlord is mistaken in order to do so.

After the eviction court renders a judgment of eviction

If the landlord has already received a possession order or eviction judgment from the state court, declaring bankruptcy won’t prevent an eviction. Nevertheless, after the eviction court issues the order for possession, several states permit you to make up lost rent or “reinstate” it.

But you need to move rapidly. The rent that is due in 30 days must be deposited with the bankruptcy court. You’ll have 30 days to prove to the landlord that you paid the overdue rent. Learn more about bankruptcy-related evictions and how the automatic stay might facilitate or complicate them.

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7 Ways To Lose Custody of Your Child: Moms and Dads
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Domestic Partnerships

Not every happy, committed couple chooses to get married. For their own reasons, some couples choose to cohabitate. Some couples may legally formalize their relationship to receive some of the benefits married couples enjoy. They may file for a domestic partnership or a civil union. In some states, however, there is no alternative legally recognized relationship. But any unmarried couple can create a cohabitation agreement on their own. This is essentially just a contract between two parties.

A cohabitation agreement clarifies the rights and responsibilities of each person in the relationship. It documents how finances, assets, and debts will be handled during the relationship. And depending on what the couple wishes to include in the document, it can do more.

FindLaw’s Domestic Partnerships section provides information about these alternatives to marriage. Review the links below to learn about the benefits of domestic partnership and civil union, state laws, and how to start and end a relationship.

What Is a Domestic Partnership?

A domestic partnership is a legally recognized form of a committed relationship. Not all states recognize domestic partnerships within a legal context. The details of domestic partnerships may differ by state and municipality.

According to the National Conferences of State Legislatures, these states recognize domestic partnerships:

  • California
  • District of Columbia
  • Hawaii (allows for reciprocal beneficiaries)
  • Maine
  • Nevada
  • Oregon
  • Washington
  • Wisconsin

Some municipalities recognize domestic partnerships even though their state does not. Individual businesses may recognize domestic partnerships for purposes of employee benefits, even if the states in which they operate does not.

Domestic partnerships became particularly significant during the push for same-sex marriage rights. Many states and cities offered domestic partnerships when same-sex marriages weren’t yet legal. To make it official, partners need to file a Domestic Partnership Agreement. They usually must pay a filing fee to the local government.

What Is a Civil Union?

Civil unions extended some of the legal rights of marriage to same-sex couples. Since the legalization of gay marriage by the Supreme Court in 2015, civil unions have waned in popularity. Only Colorado, Hawaii, Illinois, New Jersey, and Vermont still recognize civil unions. The federal government does not consider civil unions to be the legal equivalent of marriage.

Why Domestic Partnership Instead of Marriage?

Why would a couple choose a domestic partnership instead of just getting married? Most likely, there are personal reasons for avoiding marriage. They may feel there are too many societal or family obligations that come with marriage. They may have been part of a nasty divorce and are now shy of repeating a past mistake. Domestic partnerships are easier to end.

There can also be financial benefits to avoiding marriage. Couples where both partners are high earners can avoid the “marriage penalty” when it comes to taxes. A cohabiting partner receiving alimony may continue to receive alimony. This varies by state, however, and is an evolving area of law.

The Benefits of Domestic Partnerships

A domestic partnership provides the two parties with some of the legal benefits of marriage. But just as recognition of domestic partnerships varies by state, so do the benefits. One of the main reasons to enter a domestic partnership is to access domestic partnership benefits. This could include health and life insurance benefits, death benefits, and rights to family leave when a partner is ill.

Domestic partners may be eligible for these benefits:

  • Coverage by a partner’s work-provided healthcare or insurance benefits plan
  • Eligibility for family sick leave and bereavement leave if one’s partner gets sick or dies
  • Tax benefits from filing taxes as a single filer, which typically has a lower tax bracket
  • Rights to the inheritance of a domestic partner, which some states recognize but others do not (see the Social Security website for information on non-marital legal relationships)
  • The allowance of domestic partners’ hospital and jail visitation rights, as recognized by some states
  • The allowance of domestic partners to make financial and medical decisions on a partner’s behalf, as recognized by some states

The Downside of Domestic Partnership

There are some significant downsides to domestic partnership status compared to traditional marriage. Domestic partnerships are not uniformly recognized by the federal government or its agencies (like Social Security or the IRS). They are also not recognized by insurance companies in the same way or by all foreign governments. Additionally:

  • You cannot file your taxes jointly.
  • Your partner cannot receive your Social Security benefits after you die.
  • You may not automatically inherit from your partner. If you are named in a will and inherit, you may pay inheritance tax.
  • If an employer extends health insurance benefits to a non-employee partner, the value of that benefit is taxable income. There may also be different limits on coverage.
  • A domestic partner may not have the same rights of access, information, and medical decision-making that a spouse would have.

To understand the financial and tax implications of a domestic partnership, talk to a tax attorney.

Termination of domestic partnerships is similarly easy. One partner typically files a form with the Secretary of State or the county or city clerk. Assets in the marriage do not become community property. They remain individual assets. If both parties paid for an asset, they may work through an attorney or mediator on property division.

If there are children from the relationship, a child custody and parenting time agreement need to be negotiated. You will also need to get a child custody court order approved by a family court judge. The court might also order child support.

Hiring a Family Law Attorney

Understanding the legal and financial issues surrounding domestic partnerships can be challenging. An experienced family law attorney can provide information about domestic partnership laws in your state. They can also draft a cohabitation agreement or assist with property division and child custody. Attorneys can provide you with valuable legal advice.

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When Is a Bankruptcy Claim Contingent, Unliquidated, or Disputed?

When Is a Bankruptcy Claim Contingent, Unliquidated, or Disputed? (SEO Title, Title, URL)

Learn what it means for a bankruptcy claim to be contingent, unliquidated, or disputed.

Identifying your debts or “claims” as contingent, unliquidated, or disputed is essential to the bankruptcy process. When filling out numerous bankruptcy forms, you’ll need to understand these terms to list and categorize your debts properly

You Must List All Debts or “Claims” in Bankruptcy

On your bankruptcy forms, you explain your financial situation to the court, trustee, and creditors. Your disclosures will include how much you earn, the debts or “claims” you owe, your real estate and personal property, your monthly budget, and recent property transactions.

You’ll disclose each creditor’s name, address, and amount owed in your paperwork when listing claims. Learn about completing bankruptcy forms.

Not All Bankruptcy Debts Are Contingent, Unliquidated, or Disputed

Most debts won’t need a contingent, unliquidated, or disputed label because the label is only required if it isn’t clear that you owe the debt. In most cases, there will be no question that you owe the money. When you don’t have an issue to raise to get out of paying the debt, you won’t need to label the claim contingent, unliquidated, or disputed.

For instance, suppose you’re behind on your car loan. In that case, the claim would be for the outstanding balance. The same would apply to other everyday obligations, such as credit card debt.

When You’ll Have a Contingent, Unliquidated, or Disputed Debt

Sometimes the amount you owe to a creditor isn’t easy to figure out. Each label—contingent, unliquidated, and disputed—identifies a particular issue that needs resolving before paying the claim.

Perhaps the amount you owe could depend on what someone else does or might not be determined. Or, you and the creditor might disagree on how much you owe.

If a problem exists, you’ll indicate it when listing that claim on your bankruptcy papers under the appropriate label of contingent, unliquidated, or disputed claim (the form has checkboxes).

What Is a Contingent Claim?

Payment of the claim depends on some event that hasn’t yet occurred and might never occur. For instance, if you cosigned a secured loan (such as a car loan or mortgage), you aren’t responsible for paying it unless the other person on the loan doesn’t pay (defaults). Your liability as cosigner is contingent on the default.

What Is an Unliquidated Debt?

Sometimes you owe money, but you don’t know how much yet. The debt might exist, but the exact amount hasn’t been determined. For instance, say you’ve sued someone for injuries you suffered in an auto accident, but the case isn’t over. Your lawyer has taken the case under a contingency fee agreement—the lawyer will get a third of the recovery if you win and nothing if you lose. The debt to the lawyer is unliquidated. You won’t know how much you’ll owe the lawyer until the case settles or gets resolved at trial.

What Is a Disputed Debt?

If you and the creditor don’t agree about the amount you owe, or if you owe anything, you’ll check this box. For instance, suppose the IRS says you owe $10,000 and has put an involuntary tax lien on your property. By contrast, you believe you owe only $500. You’ll list the total amount of the lien, not the amount you think you owe, and indicate that the claim is in dispute (you can explain how much you think you owe in the notes).

You Must List All Claims in Bankruptcy

It’s common for someone to want to omit a claim from the bankruptcy paperwork for one reason or another. You can’t do it. You must list all claims—the claims you think you owe and those others believe you owe.

It’s in your best interest to do so. If you fail to list a claim, the claim might not be erased or “discharged” in your case, even if it would ordinarily qualify as a dischargeable debt.

Paying Claims in Bankruptcy

If money is available to pay creditors, here’s what will happen next:

 

The bankruptcy trustee appointed to the case will notify creditors that the case is an “asset case.”

A creditor will file a proof of claim form by a particular date to share in the available proceeds.

The trustee will review the claims and pay them according to the priority payment system in bankruptcy law.

Keep in mind, however, that each situation is unique. If you aren’t clear about what will happen to claims in your bankruptcy case, meet with a knowledgeable bankruptcy lawyer.

Source

https://www.nolo.com/legal-encyclopedia/when-is-bankruptcy-claim-contingent-unliquidated-disputed.html

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Arizona District Attorneys

The prosecuting officer in a criminal case, or the individual who represents the state in the prosecution of criminal acts, is a district attorney (D.A.) or county attorney. In other words, the D.A. is the lawyer who will work to have you convicted of the charges at your trial if you have been charged with a crime.

In most states, there is a county prosecutor’s office, and in Arizona, the County Attorney who is in charge of bringing cases to trial is elected to that post. As a result, the district’s voters’ interests can have an impact on the local prosecutor’s office, which may therefore choose to prioritize some offences above others in its prosecutions.

Benefits and Drawbacks of Speaking with the DA

This can occasionally be advantageous for criminal defendants, particularly when negotiating a plea deal. This can sometimes work against defendants, particularly if the prosecution is looking to “make an example” of them because of the allegations they are up against. It is common for defendants to discover about the county’s prosecutors for the first time during their own case, thus they might not be aware of the prosecutor’s office’s procedures and preferences.

Speaking with prosecutors might be challenging. Since they are actively compiling evidence against you, anything you say or admit runs the potential of being used against you at trial. However, knowing more about the prosecution’s approach and readiness to settle your case before to trial may help your case. But before you do, you should be certain that you are well-informed about your situation and aware of how to safeguard your legal rights.

Attorney General of Arizona

The state attorney general represents the state in court, as opposed to the district or county attorneys who represent their individual jurisdictions. Additionally, the Attorney General’s Office prosecutes cases on behalf of injured Arizonans and enforces consumer protection statutes.

Collaborating With a Lawyer

You can get help from a criminal defense lawyer in dealing with the prosecution. The prosecutors in their county are better known to local criminal defense lawyers, and some of them may even have a solid working connection. This can be advantageous for their clients during any pre-trial proceedings. You can develop your defense plan based on the evidence in your case with the assistance of a defense attorney as well.

Most significantly, in contrast to a prosecutor, a criminal defense lawyer is in charge of making sure that your rights are upheld throughout the criminal justice process. Consult with a knowledgeable defense attorney before approaching the prosecutor’s office if you’re considering doing so.

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When Is it a Bad Idea to File Bankruptcy Without an Attorney?

Almost often, hiring legal counsel to represent you in bankruptcy is a wise decision. Here are two scenarios where legal counsel is always necessary.

You’ve Got a Difficult Chapter 7 Bankruptcy

You’ll probably want a lawyer if you operate a small business, make more money than the average resident of your state, have a sizable quantity of assets, priority debts, nondischargeable debts, or creditors who can sue you for fraud. This is why.

A Chapter 7 case cannot be automatically dismissed by the filer. The bankruptcy court may reject your case or liquidate assets you believed you could keep if you make a mistake. A bankruptcy case could potentially be brought against you to decide whether or not a debt should be dismissed. If you lose, the debt will still need to be paid after filing for bankruptcy.

What Are Nondischargable Debts and Priority Debts?

A great tool for many people who are drowning in debt to get back on their feet is bankruptcy. However, it might not completely discharge your debt. In addition to being non-dischargeable, many “priority” debts also have the advantage of being paid off first if funds are available to pay creditors.

Child support, spousal support, or another domestic support duty, fines, penalties, and restitution imposed as punishment for breaking the law, some taxes, and impaired driving obligations are among the top debts you’ll still be accountable for after filing for bankruptcy.

You’ll still be liable for the following debts:

Retirement plan loans can be utilized to pay off debts that were deemed non-dischargeable in a prior bankruptcy as well as non-dischargeable tax debt (for example, if you used your credit card to pay a tax bill).
Unless you can demonstrate that completing your payments would put you in difficulty, a student loan won’t be forgiven either. The majority of people, however, fall short of the requirement. The lawsuit that is required to establish the case may also be expensive to file and defend.
Additionally, any creditor may seek the court to identify a debt that shouldn’t be dismissed in your case by filing a nondischargeability complaint.
The creditor will have to demonstrate one of several scenarios in order to prevail.
You lied about your income on a credit application or wrote a bad check, for example, to commit fraud.
Less than 90 days before you filed for bankruptcy, you charged a luxury item.
You harmed or destroyed someone else’s property on purpose.
You stole money or embezzled money.
In your bankruptcy petition, you omitted a list of all your creditors.
It’s usually not a smart idea to represent yourself if you think you might have nondischargeable debts or that a creditor would sue you.
You must submit a Chapter 13 bankruptcy petition.

Chapter 13 bankruptcy filings are preferable than Chapter 7 filings for a variety of reasons. If you want to keep your home, you might wish to apply for Chapter 13 bankruptcy to pay off mortgage arrears. Alternatively, you might choose to pay off your second mortgage, “cram down” or reduce a car loan, or repay a debt over time that won’t be discharged in bankruptcy, such back taxes or support arrears.

Even if your main reason for filing for Chapter 13 is that your income is too high to qualify under Chapter 7, most Chapter 13 cases are too complicated for an individual to file on their own.

Why Filing a Chapter 13 Case Without a Bankruptcy Attorney Is Too Difficult

You must prepare a proposed Chapter 13 repayment plan outlining how you would pay creditors over a period of three to five years in addition to filling out the bankruptcy paperwork.

Without the pricey software that most attorneys use, it is difficult to develop a plan due to the numerous bankruptcy requirements you must follow. Additionally, particular measures like paying off a car debt in full or stripping your second mortgage will necessitate submitting additional bankruptcy motions and paperwork with the court.

The vast majority of Chapter 13 cases filed without counsel are dismissed by the court due to the complexity involved. Therefore, it is a good idea to hire an experienced attorney if you intend to file a Chapter 13 bankruptcy.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Divorce, Scottsdale Legal Help
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What Can and Cannot be Included in Prenuptial Agreements

Before getting married, no one wants to consider getting a divorce. Prenuptial agreements, often known as premarital agreements or prenups, assist in establishing specific conditions if the marriage terminates.

For instance, in the event of a divorce, a person with a legacy family business may try to shield those assets from the opposing side.

A prenuptial agreement has several restrictions on what can be written in it. This article gives a general summary of what prenuptial agreements may and may not contain.

What May Be Covered by a Prenuptial Agreement

Prenuptial agreements frequently contain distinctions, safeguards, and clauses pertaining to money. The parts that follow in this article go into more information about several prenuptial agreement sample clauses.

Property division distinctions (marital vs. separate property)

What constitutes separate property and what constitutes marital property is governed by specific legislation in each state. Some states have “community property” rules, which frequently provide for equal asset distribution.

The court will divide all marital assets in accordance with state law upon separation brought about by death or divorce. You can utilize a prenuptial agreement to prevent a judge from deciding what happens to the property you acquired during your marriage.

Which assets ought to be treated as separate properties can be specified in the prenuptial agreement. This could be real estate you held before to the marriage or belongings from a previous marriage.

Other assets will be regarded as marital assets and divided by the court if they are obtained after the marriage is consummated.

In some states, you can choose whether you’ll receive alimony payments or not. Some states forbid doing this. When preparing the prenuptial agreement, make sure you are aware of the legal requirements in your state or consult a family law attorney.

Protections against the Debts of the Other Spouse

If there is no prenuptial agreement, creditors may seize marital assets even if only one spouse owes money. Limit your debt liability in a prenuptial contract to prevent this.

Arrangements for Children of Former Relationships

A prenuptial agreement might be used if you have children from a prior relationship and want to make sure they inherit any of your possessions.

Protections To Maintain Family Ownership

If you have a family artifact, family company, potential inheritance, or other item of property that you wish to maintain in your birth family, you can state it in your prenup.

Estate Plans’ Protections

Prenuptial agreements are just one step in making sure your estate is distributed according to your preferences. Keep in mind that additional papers, such as wills and living trusts, must be drafted and kept secure.

Descriptions of Spouses’ Responsibilities

There are several justifications for a prenuptial contract. The following list of items is typical in prenuptial agreements:

separate companies
retirement advantages
Income, claims, and deductions for submitting your tax returns
control of home expenses and bills
control of any joint bank accounts
Investment agreements for specific purchases or endeavors, such as a home or business
control over credit card payments and usage
investment contributions
Distribution of property to the survivor in the event of death, including life insurance
arranging for one of you to attend school.
Resolution of possible disputes through mediation or arbitration

What Prenuptial Agreements May Not Contain

What can and cannot be mentioned in prenuptial agreements is governed by state law. The following is a list of things that the majority of states prohibit in prenuptial agreements:

Dispositions Outlining Any Illegal Activity

You are not allowed to include any illegal provisions in your prenuptial agreement regardless of the state. By doing so, the entire prenuptial agreement or specific portions run the risk of being thrown out.

Making decisions about child support or custody

Child support and custody clauses are not permitted in prenuptial agreements. The determination of child support is ultimately up to the court. The “best interest of the child” standard is used by the court to decide child support.

Prenuptial agreements that include child support, custody, or visitation cannot be upheld by the court. This is due to the fact that it is against the law.

What is in the child’s best interests is decided by the court. They wouldn’t take away the child’s right to support or the chance to interact with a healthy parent.

Losses of Alimony Rights

This is the clause that judges most frequently strike down. Several states outright forbid this.

Some states frown upon it and place restrictions on your capacity to renounce your alimony rights. Alimony waivers are legal in some states. Make sure to research the laws of your particular state.

Divorce-Encouraging Provisions

Prenuptial agreements are carefully examined by judges to search for anything that provides a financial incentive for divorce. If a clause could be seen as encouraging divorce, the court will invalidate it.

Any clause detailing how property would be divided used to be seen by courts as favoring divorce. Judges pay close attention because society wants to avoid divorce.

Information Regarding Personal (And Not Financial) Issues

Personal preferences cannot be included in a prenup. This could include agreements over who would do what tasks, where to spend the holidays, whose name to use, child-rearing specifics, or how to interact with particular relatives.

Prenuptial agreements are made to handle problems with money. Any clause addressing subjects other than money will not be upheld.

When a contract mentions personal domestic issues, judges become uneasy. They frequently reject the document because they think it is pointless.

If you and your spouse want to reach an understanding on such issues, do so in a different document. Just be aware that a court would not be able to enforce this document.

Obtain legal guidance for prenuptial agreements

Prenuptial agreements are advantageous to both parties since they establish the parameters of a marriage before issues occur.

But before being signed, every prenup should be thoroughly reviewed by an attorney. Critical mistakes may render the entire agreement or a portion of it invalid.

To get legal counsel and peace of mind, contact a local family law attorney right now.

(480) 744-7711
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Prenuptial Agreement Pros

  • Prenuptial agreements serve the purpose of protecting children and grandchildren’s inheritance rights from a former marriage.
  • A premarital agreement can protect a professional or business practice so it does not become divided and your former spouse does not have involvement or control of the business should you divorce.
  • A premarital agreement can protect a spouse who is debt-free from assuming debt obligations the other party has.
  • A premarital agreement can ensure you will be fairly compensated should you be giving up a successful and lucrative career should the marriage not survive.
  • A premarital agreement can put in writing any responsibility and decision making sharing the parties agree too, prior to marriage as well as addressing financial aspects of the marriage.
  • The amount of spousal support one spouse will have to pay the other if the divorce can be decided in a premarital agreement.
  • The finances of older persons or persons of substantial wealth entering into their second or more marriage can be protected with a premarital agreement.

Prenuptial Agreement Cons

  • You may have to concede your right to inheritance from the estate of your spouse when they pass away. However, the law states you are entitled to a portion of the estate if your spouse has not made a provision for such in their will.
  • You may be entitled to a share of the increase in the value of a business your spouse owns if you have made a contribution such as taking care of the home or entertaining clients. However, in a premarital agreement, you may not be entitled to claim a share of that increased value. In many states, the law says the value increase is marital property considered to be divisible.
  • A lack of trust may result from commencing a relationship with a contract at the outset.
  • It is tough to see how issues in the future may be handled so keep in mind, seemingly simple compromises made in the romantic period before marriage may have a significant impact later on.
  • A spouse who does not earn a wage or earns only a low wage may not be able to keep the lifestyle they have become used too while in a marriage if the agreement has spousal support limits the spouse has an entitlement too.
  • Every relationship has its honeymoon stage where a spouse who is in love will not make wise financial decisions as they cannot see the relationship ever terminating. A prenuptial agreement helps with this.

Get Professional Legal Assistance To See If A Prenup Is Right For You

If you, or you and your future spouse are together thinking about a premarital agreement, it is vital to look at the pros and cons at the outset. The experiences of a family law attorney can be very helpful and it is paramount each partner consults a different attorney from different law firms, to make sure the rights and interests of each partner are represented.

Source:

“Pros and Cons: Prenuptial Agreements.” Findlaw, family.findlaw.com/marriage/pros-and-cons-premarital-agreements-prenuptials.html.

Contact Our Prenuptial Agreement Lawyers in Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Consulting with a talented Scottsdale prenuptial agreement lawyer or family law attorney who is knowledgeable and experienced in drafting and litigating premarital agreements will save you a great deal of grief and expense in the future. Contact Canterbury Law Group today.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Child Custody, Custody Terms, Custody Tips
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Expungement Basics And Eligibility Process

Expungement Basics

Expungement, also known as “expunction,” is a court-ordered procedure in which the legal record of an arrest or conviction is “erased.” In the eyes of the law, it is the same as expunging a criminal record or setting aside a criminal conviction.

This legal procedure can transform the life of a person with a prior conviction or arrest record by expanding their options. By expunging a criminal record, a person is able to live more freely, without fear that past legal troubles will follow them.

This article includes more details about expungement. This should not be construed as formal legal advice for anyone in need of assistance with their arrest or court record.

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The Case’s Assignment

The defendant may seek a criminal defense counsel personally or the court may assign the case to one. Many criminal defense lawyers work for the public defender’s office and are compensated by them. Local, state, and federal courts appoint them to cases. Private firms recruit other criminal defense lawyers. Some criminal defense lawyers have their own law firm that they manage. Due to the referral procedure and the payment coming from individuals other than defendants, public defenders are paid less than private lawyers and have a larger case load. In some situations, a court may appoint a private attorney to represent a client.

Interview with Regards to the Case

When the criminal defense lawyer has the opportunity to meet with the client in person, he or she should strive to learn as much as possible about the case. He or she can learn about possible defenses, as well as the case’s strengths and weaknesses, by asking specific questions regarding the case. This necessitates a detailed and rigorous interrogation of the defendant.

The Case Is Being Investigated

He or she must not only ask the criminal defendant pointed questions regarding the case, but also conduct more investigation into the case to determine any possible routes of acquittal. This frequently entails interrogating police officers about the processes they employed in the case. It could also entail speaking with witnesses who have information about the case and gathering data on the case. All of this material is used to try to put together a good case defensively. If an expert witness is called to testify in the case, the criminal defense attorney may question him or her about the testimony and evidence that will be presented.

Before the case is presented to the jury, a criminal defense counsel has the right to assess the prosecution’s case. This permits him or her to look for flaws in the prosecutor’s case and try to locate evidence that could disprove it, such as hiring an independent lab or expert to evaluate evidence in the case.

Evidence Evaluation

Analyzing the evidence against a criminal defendant necessitates a thorough examination of the facts and hypotheses of the case by a criminal defense attorney. He or she could have evidence evaluated by a third party. He or she may also study the material to see if there are any legal ideas that work against his or her client’s conviction.

Contact with the Client Continued

A criminal defense lawyer must communicate with his or her client on a regular basis to explain any developments in the case and to keep him or her up to date. The lawyer must ensure that the client’s conversations are kept private. The lawyer must also ensure that the client receives information regarding the case so that he or she has a better knowledge of the potential outcomes.

Selection of the Jury

The jury selection procedure is aided by a criminal defense attorney. He or she may seek to have jurors dismissed for cause if he or she believes they are biased against the defendant or simply has a terrible feeling about a possible juror.

Bargaining for a Plea

A criminal defense lawyer is also in charge of discussing the state of the case with the prosecution and negotiating any possible plea bargain. A criminal defense lawyer may be able to help the defendant negotiate a good agreement that results in the charges or punishment being reduced.

Participation in the trial

During the trial, a criminal defense lawyer argues for his or her client. He or she interrogates witnesses, cross-examines state witnesses, and tries to persuade the jury that the prosecution has not met its burden of proof.

Sentencing

A criminal defense lawyer can represent the defendant during the sentencing phase if the criminal defendant is sentenced for the offense, whether he or she accepted a plea deal or was convicted by a judge or jury. He or she may discuss elements that will persuade the judge or jury to shorten the defendant’s sentence and discuss possible alternatives to incarceration.

Although it will vary depending on the state or county, the expungement process typically begins with the filing of an application or petition. Different legal systems employ various terms. So, for instance, California refers to this as clearing your record with a dismissal, while some states, like Michigan, refer to it as setting aside a conviction. Utah refers to this as expungement of records. The process will result in the sealing or removal of your criminal records, regardless of the terminology used.

Your court will probably have standard forms to use when filing an application, as well as lists of the paperwork and information you’ll need to submit with your request. You must be absolutely certain that your request contains all necessary components. Your application should detail the steps you took to locate any missing documents or information and the reasons you were unable to do so.

However, the county prosecutor’s office frequently has everything you’ll need to submit with your request. You may even need to get the prosecutor’s office’s approval before submitting your request to the court in many jurisdictions.

The court will typically issue an order of expungement after granting a petition or application, which other agencies can then be served with. This guarantees that all of the records they may have on you are sealed or deleted. Frequently, these organizations are:

  • the organization that made the arrest (such as the sheriff’s office or local police department);
  • the jail or booking office, for example:
  • the corrections department of your state (covering your records while serving any prison sentences)

Eligibility for Expungement: Additional Factors

You may be required to register and report if your underlying convictions were for sex-related offenses. Don’t assume that just because your criminal record has been expunged, any registration or reporting requirements will also be waived.

In California, for instance, you must file a separate motion to be released from your registration and reporting obligations in addition to an order expunging your criminal history. You would still have to abide by your state’s registration and reporting laws if that separate request were to be denied.

Even when it is an option for people who have been arrested or convicted, expungement does not happen automatically, and it is never guaranteed. A person seeking to have an arrest or criminal conviction expunged from their record usually has to fill out a petition or application, and then submit all required paperwork to the criminal court. Once they have done that, a judge will review the application and make a decision. In most cases, filing an expungement application also requires paying a fee.

Expungement Process Basics

The expungement process can be complicated. For example, some jurisdictions require an applicant to deliver (or “serve”) papers to district attorneys, while others require the applicant to prepare the legal document (or “Order of Expungement”) which will be signed by the judge. In some cases, a court hearing is required, after which a judge will decide whether to grant the expungement. Once you obtain an expungement order, you may also need to serve it on different agencies that may also have records related to your arrest or conviction, such as your state’s department of corrections.

Perhaps the hardest part of the process, though, will be obtaining all of the required documents to file with your application. Many of these documents can be obtained from the prosecutor’s office or from court records, so that’s a good place to start. Also, some jurisdictions require formal approval of expungement from the prosecutor’s office before the expungement can be considered by the court, which may take some time and effort to acquire.

Examples of State Expungement Applications

As noted, the expungement process can differ by state and even by county, so there may be specific application forms and requirements for your local court system. You can normally find these forms at your local courthouse or their website. Below are a few examples of what these applications or petitions look like in the various states.

  • Colorado: Sealing of Arrest and Criminal Records (Colorado Judicial Branch)
  • Florida: Seal and Expunge Process (Florida Department of Law Enforcement)
  • Georgia: Request to Restrict (Expunge) Arrest Record (Georgia Bureau of Investigation)
  • Minnesota: Expungement of a Criminal Record (Minnesota Judicial Branch)
  • Missouri: Petition for Expungement of Arrest Records (Missouri Courts)
  • Nevada: Petition to Seal Records Instructions (Clark County)
  • Texas: Items Needed for Filing Expunctions [PDF file] (Dallas County)

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

(480) 744-7711
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Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Criminal Defense, Criminal Law
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Medical Bankruptcies

What Happens to Liens in Chapter 7 Bankruptcy?

Medical debt can be discharged in bankruptcy, but you should first look into nonbankruptcy options.

If you have decent credit and are having difficulties paying a significant medical bill, you might want to look into alternative possibilities before declaring bankruptcy.

It is true that declaring bankruptcy would probably result in a decline in your credit, albeit it might not last as long as you believe. However, you can be in an even worse situation if you can’t pay the medical expense and don’t declare bankruptcy.

Here is what to anticipate.

You’ll initially start getting reminders of late payments. The medical provider could eventually sue you and win a financial judgment. Then you might not be able to undo some of the effects of bankruptcy, such as wage garnishment, a bank levy, or the placement of a lien against your property.

Options Other Than Bankruptcy for Medical Debt

If you have strong credit, you might be able to use one of these methods to pay off your hefty medical cost.

Talk a Deal With the Health Care Provider

To begin with, confirm that all insurance payment difficulties have been resolved. Consider settling with the creditor after you have obtained all applicable insurance coverage. The medical provider may deduct a portion of the fee if it was for uninsured medical expenses. Many hospitals and other healthcare organizations often waive or reduce bills for patients without insurance.

Inquire Regarding Assistance Programs

Depending on your economic level, most hospitals have assistance programs that, if you qualify, will give you free or reduced hospital care. For instance, the Hospital Care Assurance Program (HCAP) will pay costs for procedures that are deemed medically necessary in several jurisdictions. Additionally, federally tax-exempt non-profit hospitals may have to be lenient with you and other patients who are in financial need when it comes to medical billing. This may be relevant to you. To learn more and apply for the necessary coverage, get in touch with the financial aid counselor at your hospital.

See Managing High Medical Debts for further information on these and other choices.

Bankruptcy for Medical Debt

Your good credit may suffer since a collection action will appear on your credit report if you are unable to pay the debt and it appears that the creditor may pursue you for payment. Additionally, if the provider sues you and wins, it may garnish your pay or pursue other forms of recoupment.

In addition to erasing your debt, filing for bankruptcy will put you back on the path to financial recovery as quickly as possible.

Medical debt and Chapter 7

A Chapter 7 bankruptcy may be the best option for you if you have low income and assets with little to no equity. You are not need to have a certain amount of debt. On a single, sizable debt, you may apply for Chapter 7. Medical debt will be eliminated in Chapter 7 bankruptcy, along with the majority of other unsecured debt (debt that isn’t secured by security).

Healthcare Debt and Chapter 13

You can file for Chapter 13 bankruptcy if you don’t meet the requirements for Chapter 7 bankruptcy or if you own assets that you might lose in a Chapter 7 bankruptcy. You will pay back the percentage of the medical debt you can afford through your repayment plan in Chapter 13 bankruptcy. At the conclusion of the case, the court will discharge (wipe out) the remainder.

bankruptcy, bankruptcy attorneys, Chapter 13, Chapter 13 Bankruptcy, Chapter 7, Chapter 7 Bankruptcy, Scottsdale Attorneys, Scottsdale Legal Help
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