Written by Canterbury Law Group

How Much Jail Time For A Felony Drug Charge?

How Much Jail Time For A Felony Drug Charge

Felony drug charges often result in prison sentences longer than one year combined with a high level of criminal fines. However, misdemeanor drug charges are usually associated with lower fines and jail time instead of a prison sentence. Read on to learn more.

The Differences

Felony and misdemeanor charges may be dependent on a number of factors including:

  • Were the drugs being sold?
  • Were the drugs being trafficked?
  • The kind of drugs.
  • The amount of drugs.

If you have small amounts designed for personal use you may face a simple misdemeanor, however possession of large amounts may lead to felony possession charges being pressed. In the majority of situations, the distribution of trafficking of drugs is considered to be a felony.

Examples of Felony Drug Charges

  • Depending on state and federal laws, felony charges can be pressed if the type of drug and the quantity you have is considered “Possession of A Controlled Substance.” For example, a higher amount of marihuana would be required to face felony charges as opposed to crack cocaine.
  • Selling drugs can result in felony charges especially if you have more drugs that what can be considered reasonable for personal use.
  • Drug trafficking does not have to involve selling of drugs. Felony charges can result from transporting drugs and penalties may be increased if state lines are crossed in the process.

Schedules

Drugs are classed into schedules. For example. Schedule I are drugs that are considered high risk and have no to little medical use. Schedule V drugs have more applications and pose a lesser risk than Schedule I drugs.

Consequences Of Felony Drug Charges

Drug charges are serious. First offense felony drug charges normally lead to a minimum of one year in prison as well as fees and fines. A felony conviction for possession can lead up to two years of prison time and fines in four to five figures. As we said earlier, the penalties can differ regarding the amount and type of drug and whether it was being trafficked or sold and if the person is a repeat offender or not. First time offenders may face up to three years in prison and repeat offenders between three and fifteen years with very heavy fines in both cases.

Immigration Consequences

The immigration status of an individual found guilty of felony drug convictions may be extremely jeopardized. If it is considered a “crime of moral turpitude” an immigrant may face removal or be deported and have their green card taken away. They may also be forbidden from visiting the United States again.

Talking To A Lawyer

It is really important to speak with a criminal law attorney area when you face felony drug charges. They can help you get the best possible outcome.

Source: Rivera, Jose. “Felony Drug Charges.” LegalMatch Law Library, 15 Oct. 2019, www.legalmatch.com/law-library/article/felony-drug-charges.html.

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

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.

Written by Canterbury Law Group

What Is Chapter 13 Bankruptcy?

What Is Chapter 13 Bankruptcy

While it may be thought that bankruptcy is the final stage before economic ruin, it is not always so – Chapter 13 of the federal bankruptcy code can ease some of the financial stress. If you can repay some or all of your creditors – it may be possible to avoid liquidation. And it is ideal if your primary issues are dealing for payment straight away from creditors versus having sufficient income. Another appealing aspect of Chapter 13 bankruptcy is you may not have to lose your home. Read on to learn more.

Chapter 13 bankruptcy permits individuals to have between three and five years to complete resolution of their debts by the means of applying all of their income that is considered disposable to the reduction of the debts. This option incorporates allowing an individual the option of eliminating the unsecured debts while they catch up of mortgage payments that were previously not met. Undoubtedly to many people keeping their home is of primary significance. But the downside is you will spend some years with a trustee appointed by the court, who will be responsible for collecting payments from you and then distributing them accordingly.

How does Chapter 13 Bankruptcy Work?

Chapter 11 bankruptcy (that applies to businesses) has some similarities to Chapter 12 bankruptcy. In both scenario’s the petitioner has to submit a financial plan of reorganization that safeguards assets from foreclosure or repossession and in normal circumstances requests forgiveness of other accrued debts. They both have little in common with Chapter 7 bankruptcy where all available assets are liquidated with the exception of certain assets that may have exemption from liquidation.

Not all debts are eliminated when a person files for bankruptcy. Payments that cannot be discharged include alimony payments as well as child support, taxes that have not been paid and outstanding student loans. However, Chapter 12 bankruptcy can eliminate other debts that may be outstanding, but it will be highly likely the individual has many issues with borrowing money in the future from financial institutions.

Here is a breakdown of the financial figures to be eligible for the filing of a Chapter 13 Bankruptcy. Note, these figures can change as they are adjusted from time to time to be in line with the current consumer price index figures.:

  • A person may have no total amount greater than $394,725 in debt that is unsecured such as personal loans or credit card bills.
  • An individual may have no total amount greater than $1,184,200 in debts that are secured including auto loans and mortgages.

Regarding your home, filing for Chapter 13 Bankruptcy puts a suspension on outstanding proceedings for foreclosure and payment of other debts that may be owed. This will obtain you time while your plan is under consideration from the courts. However, it does not mean the debt is automatically eliminated. Ideally, the plan for bankruptcy will make enough of your income available to make mortgage payments on a regular basis so you may retain your home.

The Chapter 13 Bankruptcy Process

The first order of business is to discover a bankruptcy attorney. They usually offer a free evaluation and an estimate of the costs to file and commence the process. There is a fee of $235 payable to the bankruptcy court for filing as well as $75 for administrative costs. The following is also required:

  • A list of the claim amounts and the names of creditors.
  • The debtors income and sources need to be disclosed.
  • The debtors property needs to be listed as well as all leases and contracts held in the name of the debtor.
  • The monthly living expenses of the debtor.
  • The debtors most recently filed tax return as well as a statement if there are taxes that have not yet been paid.

A petitioner for Chapter 13 Bankruptcy cannot have had a dismissal of a bankruptcy petition dismissed within the previous 180 days before filing due to the unwillingness of them to make an appearance in court. The applicant must also go to an approved agency for credit counseling within 180 days of the petition being filed.

Very soon after, a repayment plan must be submitted by the debtor. An administrator or bankruptcy judge will instigate a heating and make a determination to decide if the plan is fair and meets the requirements of the bankruptcy code. There may be objections from creditors, but the final determination resides with the court.

Delinquent payments can be addressed by the debtor making the payments up over a period of time, but Chapter 13 rules state all new payments for mortgages at the time of filing for bankruptcy must be made on time, henceforth.

A trustee or mediator must also be worked with as they will be responsible for the distribution of monies owed to creditors. Under Chapter 13 Bankruptcy, it is not mandatory for a debtor to directly contact their creditors. And if all the agreement terms are being abided by, it is required by law that creditors stop efforts to recover the debt they are owed. That said you must never fall behind on mortgage payments. Late payments are not permitted on monies owed. You are permitted to increase your payments so the agreement may be discharged sooner. On the other hand, if your financial situation becomes worse, you need to let the trustee know and establish whether the plan can undergo a modification. If the terms of the agreement are not met may result in the bankruptcy claim being dismissed in court.

Qualifications For Chapter 13 Bankruptcy

If you can prove you have the income to address your debts, you meet eligibility to file. The individuals sources of income must be disclosed and submitted to the court within fourteen days of the petition being filed. Income can include payments from Social Security, pensions, royalties, money from a property sale or rents as well as compensation for unemployment. Your tax filings need to be current and you will have to show evidence of federal and state tax filings for the previous four years. When you cannot meet this, your case will be delayed until you meet this requirement and will be dismissed if you cannot produce the documentation.

From there, the bankruptcy court’s role is to overlook the income statements and debts, arrange meetings with people to who monies are owed and then decide on a hearing date with the purpose of ascertaining if the plan will be acceptable. On the completion of repayments, usually between three to five years, the Chapter 13 case can then be discharged, ending the process.

Source: https://www.debt.org/bankruptcy/chapter-13/

Speak With Our Bankruptcy Lawyers In Phoenix & Scottsdale

Canterbury Law Group should be your first choice for any bankruptcy evaluation. Our experienced professionals will work with you to obtain the best possible outcome. You can on the firm to represent you well so you can move on with your life. Call today for an initial consultation. We can assist with all types of bankruptcies including Business BankruptcyChapter 7 BankruptcyCreditor RepresentationChapter 5 ClaimsChapter 13 Bankruptcy, Business RestructuringChapter 11 Bankruptcy, and more.

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

Written by Canterbury Law Group

What Can You Not Do During A Divorce?

What Can You Not Do During A Divorce

Stress and tension are often parts of the divorce process people cope with. But however fraught the process may be, it is essential to avoid making mistakes as the process takes place. Here are some things you must avoid when navigating the divorce process.

Avoid Pregnancy!

Pregnancy adds layers of complications to the divorce process and may even impact your right to a divorce. In some states, there may be laws regarding the timeline a divorce can take place as the paternity of the child may be in dispute and until it can be established there may be no one to assign financial responsibility for the child’s support. It is true several states treat single parents identically as married ones. However, it is definitely a complication that requires careful consideration.

Changing Your Will

Just because you are granted a divorce it does not mean a will is revoked. An update to your will may be required to reflect your new circumstances. Should you become deceased before a divorce is granted and your spouse has been left zero, they may sue in probate to obtain 50% community property portion of your estate.

Collaborative Divorce And Mediation

In areas where collaborative divorce is common, it is generally regarded to be beneficial in the breakup process as issues can be addressed in a team meeting and productive manner.  In contrast to group collaboration, mediation is where a third party assists in bringing an agreement between the two parties going separate ways. Lawyers are not always required in these sessions, though their counsel can be consulted at any time as the process unfolds to ensure you are getting the optimal outcome for your situation.

Relationships With Lawyers

Do not get romantically or sexually involved with your lawyer! In some states, it is prohibited but even in states where it is permissible, you may face a charge of adultery as a consequence.  Do not mix business with pleasure, there are plenty of other viable romantic options out there.

Do Not Blame or Involve The Children!

It is essential a child or children have support through the divorce process. Give them the time and attention they require and help them focus or educational and extra-curricular activities. Over time, they will become more at ease with the new two household circumstance. Ultimately the purpose of a divorce is to relieve stress and move forward and if a child or children can see that over time, they will be able to better cope with the new situation.

Be Open To The Idea Of Therapists

A therapist can help you cope with the whole gamut of emotions associated with divorce. And it is a worthwhile idea to seek out a therapist before you start to feel emotional extremes. A therapist can offer professional help as well coping mechanisms for life as well as the divorce court. They can also help you to work out ways of becoming more independent post-Decree.

Is Waiting Until After The Holidays A Good Idea?

Holidays can be tough times and pre and post-Christmas are often the busiest time of year for divorce lawyers! Fighting a divorce case during the holiday period will only cause more stress and may damage the opportunity you have to achieve a separation that is amicable.  In an ideal world, do not commence your divorce until January.

Taxes

The house often goes to the person who is awarded primary custody of a child or children. But if you cannot afford to pay the maintenance, mortgage, taxes, and other associated costs, it may not be the ideal option.  Sometimes selling the house just makes more sense.  An alternative is to request the equal value in an investment portfolio of the community. Capital gains for single people are not protected from taxes to the same extent as they are for married people. There may also be issues with existing stock positions and it many be a better strategy to opt for freshly purchased stocks as the capital gains taxes will be less of an outgoing expense.

You Don’t Have To Settle Early

Financial security does not have to be sacrificed because you want a quick divorce process. Maintain many copies of your various financial statements so you can be on top of what assets and liabilities you have. You will need to make sure the minor children still have coverage for health insurance on an ongoing basis post-Decree. If this can be worked out between the two parties in an amicable manner, you may be able to move forward with what is known as an uncontested divorce. If this is not feasible, remember to bring all relevant financial documentation so a lawyer can make a correct assessment of your financial situation in advancing your case.

Avoid Debt Accumulation

Divorce is seldom cheap. Once you have dealt with fees from lawyers you will also have the expense of setting up a new household. Economizing and making do for now is the order of the day. Hopefully if you make wise choices now, you will emerge on the other side of the divorce with far less financial damage. Once everything is concluded, you should feel a great deal better about the situation by planning to live within your means.

Source: Zimmer, Jessica. “Top 10 Things NOT to Do When You Divorce.” Legalzoom.com, 25 Apr. 2019, www.legalzoom.com/articles/top-10-things-not-to-do-when-you-divorce.

Need a Divorce Lawyer in Scottsdale or Phoenix?

As proven legal counsel in family court, we have a network of Arizona attorneys, expert witnesses, mediators, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyersdivorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custodylegal guardianshippaternityprenuptial agreements, and more.

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

Written by Canterbury Law Group

What Is Proof Of Service?

What Is Proof Of Service

In every lawsuit, a person has to be notified when a legal action has commenced against them – be it taking an issue to court, or if they are being sued. Copies of pertinent official legally binding documents are filed with the courts in the correct manner. This is known as “service of process.”

The plaintiff (who starts the action) has to demonstrate evidence to the court that the defendant has been timely served the underlying legal documents by completing and filing a Proof of Service form. Read on to learn more.

Proof Of Service Definition

This is an official affidavit, that must be signed under oath and then filed with the courts by a person following the successful service and personal delivery of legal documentations to another party.

The reason for having a Proof of Service is to ensure legal proceedings run smoothly, with notice to all parties to assure due process, and according to the established protocol. It gives both parties the opportunity to prepare and defend the case. Sometimes you will hear a Proof of Service referred to as “Affidavit of Service.” It always has to be completed and filed with the court within specific chronological parameters for it to be valid.

The Proof Of Service Form

Although they can vary from place to place as well as in some cases for varying actions being taken – each Proof of Service incorporates the following details:

  • The official name of the court where the documentation has been filed.
  • The case number and name.
  • The name of the defendants.
  • A manifest of documents timely and physically served.
  • The time and date of the serving of the documents.
  • The method of service.
  • The place where the documentation was served.
  • Clarifying if the documents were served in person, by drop service or by mail.

The person responsible for serving the documentation must put their signature of an affidavit, under penalty of perjury, that the documents were served in the method and manner started in the Proof of Service form. This can be written or typed as long as it contains the pertinent information and a valid signature from a licensed process server.

Usually there are check boxes you can mark off so the documentation can be easily identified. Categories may include summons, complaint, alternative dispute resolution package, the cover sheet for the civil case, the cross-complaint and other.

The serving of legal documents must be completed by a non-party to the case and is normally performed by a county Sheriff, Constable or Marshall, a licensed process server greater than eighteen years of age.

Service Methods

Although laws can differ depending on your location. In all cases the documentation must be personally served – this equals the server handing the papers to the party wherever the defendant may be located. It may be at the workplace of the person, their home, a store, a restaurant or on the sidewalk or street. The person responsible for the serving of the papers must ensure they have verified the identity of the individual they are serving the documentation too and to let them know these are court documents.

However, the defendant does not have to accept the documents. They can be left at their feet or even at the front door. Should the individual being served destroy the documents – they still count as being served. The proof required must include, the time, date, and location where the documentation was handed to the party they are intended for.

Service By Mail Delivery

Further documentation can be served via mail. The documentation must be contained in an envelope that is securely fastened and has the address of the party on the envelope that matched the address the court has, or the address where the party has asked for documentation to be delivered. This may be an office used by the attorney of the person being served. The cost of mailing must be covered in full. It is also vital to note the date of the mailing as in many areas it takes five days before they are considered to be served.

Substituted Service

When delivery has not succeeded, some courts allow a form of substitute service. There are very certain rules that must be followed regarding previous delivery attempts and they must be documented. For example:

  • One must demonstrate at least three prior attempts at delivery.
  • Personal service tried at the home of the recipient on multiple days of the week and at times of the day that differ.
  • If their place of employment is known, attempting to serve them there has met with a lack of success.

In these circumstances, so long as you have court approval to do so, the papers may be left with an individual who resides in the same home as long as they are greater than eighteen years of age. Or a person of authority, also over the age of eighteen at the place of employment of the recipient. The server has a duty to inform the person where and with who the documents have been left and that they are legal documentation for the party. The server has an additional obligation to mail a copy of the documentation to the address where the documents were dropped off.

Source: Team, by: Content. “Proof of Service – Definition, Examples, Processes.” Legal Dictionary, 19 Aug. 2015, legaldictionary.net/proof-of-service/.

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

*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]

Written by Canterbury Law Group

What To Look For In A Criminal Defense Lawyer

Here is some helpful advice to what for look for when you are seeking a criminal defense lawyer. Read on to learn more.

The Difference Between Civil And Criminal Attorneys

Criminal defense attorneys usually work in small partnerships or may be solo practitioners covering a set geographical region. Conversely, those attorneys who handle civil matters tend to be part of larger law firms – often with multiple branches in varying locations.

It is important to understand they different kinds of work they do:

  • A civil attorney usually represents organizations and businesses who trade nationwide or internationally. On the other hand, criminal defense lawyers represent individual people whose problem usually have a local geographical base.
  • Civil lawyers are often at the beckon call of large organizations as they have an ongoing and regular need for legal advice to operate their businesses. Comparably, those who are accused of a crime normally only require legal counsel that is sporadic or non-frequent.

It is common to find a private defense attorney possessing many years, (sometimes even decades) of career experience in governmental fields before commencing their private practice career. Their experience often includes being a prosecutor (in a role such as city or district attorney) or that of a public defender, appointed by the courts for those who cannot afford legal representation.

It Helps To Make A Local Choice

When your case as a defendant is pending in the local courthouse, it can really help to have an attorney on you side who has a working knowledge and in-depth experience of working in that courthouse as procedures can be different in different courthouses. It may be the case the District Attorney in one location has a policy of no-plea-bargaining in certain circumstances, but a District Attorney is a neighboring jurisdiction has no such policy in place. It is also likely if your attorney is local, they may also have knowledge of how prosecuting attorneys work as well as relationships with local law enforcement and how they usually deal with juries in cases that go to trial. You can see from this it is paramount defendants choose an attorney who has experience in dealing with the workings of the local judicial system.

Asking The Attorney About Their Experience

Criminal law is extraordinarily complex so you should definitely ask an attorney before retaining them what kind of experience they have dealing with your kind of case. The attorney should be able to give you concise answers to your questions. For example, if a person has been charged with a DUI, here are some questions the person should ask of their prospective attorney:

  • What is your experience of dealing with clients who have been charged with a DUI?
  • How much of your practices business involves the representation of those facing DUI charges?
  • Do you have any certification as a specialist in DUI cases? (Some, but not all, states allow a certification)
  • As a percentage how often do people from your practice appear in the court where my case is going to be handled?

Clearly, a defendant should not be put in a position where they have to compromise obtaining the services of a competent attorney in return for one with local experience.

The Confidence Factor

The defendant must have every confidence in their lawyer as it is the lawyer who speaks on their behalf. The best experiences are where both take part in the decisions that need to be made and the lawyer sees them as individual partners as opposed to just another load of paperwork in a file. With that in mind, ask yourself the following when considering retaining a lawyer:

  • Is the attorney someone I feel at ease approaching, can speak with openly and feel comfortable working with?
  • Does the attorney explain issues to me in a manner I can comprehend?
  • Does the attorney express personal concern as well as a genuine desire to address my situation in a manner which is helpful?
  • Does the lawyer consider my personal circumstances as opposed to just the charges I am facing?
  • Does the attorney strike me as credible an can build trust with the judges, the prosecution as well as members of a jury?

Source: Bergman, Paul, and Ucla. “What to Look for in a Private Criminal Defense Attorney.” Www.nolo.com, Nolo, 9 May 2013, www.nolo.com/legal-encyclopedia/what-look-a-private-defense-attorney.html.

 

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

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.

Written by Canterbury Law Group

How To Find A Bankruptcy Lawyer

How To Find A Bankruptcy Lawyer

Every profession has great, good, and poor practitioners and lawyers are no exception. We have all heard about lawyers who appeared to have no clue (as illustrated in popular culture by Lionel Hutz, Attorney at Law, in “The Simpsons”) but there are also lawyers who are hugely talented. It should go without saying they are the ones you should aim for. Read on to learn more.

Experience

Do years count? Not always! An attorney may have practiced bankruptcy law for a quarter of a century but never really mastered the intricacies of the law. Similarly, although they may have twenty plus years great experience in certain fields, bankruptcy may not be one of them and it is more doubtful they will have the skills you require. You need to seek out a lawyer who has ample experience in small business and consumer bankruptcy law – an attorney who has the respect of his fellow professionals, including judges.

Training

Once an attorney has graduated from law school and passes the state bar examination, it really can be said their learning is just commencing. In essence, that’s why its called the “practice of law” in that a lawyer is always learning.  Attorneys prime their established skills with educational seminars. Education is absolutely essential with the totally different bankruptcy laws. Older concepts just do not apply any longer. Even the most skilled attorney cannot master the subject simply bey reading up on it. There are organizations that conduct continuing education and seminars like the American Bankruptcy Institute (“ABI”), the  National Association of Consumer Bankruptcy Attorneys (“ NACBA”), and various bar associations.

Listening

You need an attorney who will listen to you before they tell you what you should be doing. A one-size-fits-all method is not suitable when it comes to the dispensing of legal advice and never more so than when it does not deal with the issues that need addressing. It is vital you find an attorney who is willing to listen to the facts of your situation and ask the questions they need too so they are fully able to comprehend the particular circumstances of your case. Above all, they must listen to what you have to say and then review the facts within the context of existing law. This is the only way they can give you the finest advice.

According to NerdWallet, one of the best ways to find a bankruptcy attorney is to “seek personal referrals from friends or family or your own attorney.”  With today’s technology, another good way to find one is through the internet and various online review sources.

Source: “How to Find a Good Bankruptcy Lawyer.” NACBA, 18 Aug. 2015, www.nacba.org/what-we-do/consumer-assistance/how-to-find-a-good-bankruptcy-lawyer/.

Speak With Our Bankruptcy Lawyers In Phoenix & Scottsdale

Canterbury Law Group should be your first choice for any bankruptcy evaluation. Our experienced professionals will work with you to obtain the best possible outcome. You can on the firm to represent you well so you can move on with your life. Call today for an initial consultation. We can assist with all types of bankruptcies including Business BankruptcyChapter 7 BankruptcyCreditor RepresentationChapter 5 ClaimsChapter 13 Bankruptcy, Business RestructuringChapter 11 Bankruptcy, and more.

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

Written by Canterbury Law Group

What Does A Family Lawyer Do?

What Does A Family Lawyer Do

Family lawyers specialize in matters pertaining with family law. This includes the handling of issues with a legal component among family members. Examples of this include the custody of a child or children, a couple seeking a separation or a divorce as well as guardianship regarding a child or children. Family lawyers can adopt the position of being mediators but can also be highly effective in representing members of a family when disagreements have to go through the court process. Read on to learn more.

Divorce Issues

A divorce can be an emotional experience, precluding a couple from an amicable solution. By acting as a mediator, a family lawyer may within the confines of the law, assist the involved parties in looking at the situation in a rational manner, possibly avoiding the major headache of going to court.

Wills and Estates

When people state how they desire their assets to be managed and distributed once they have deceased, they utilize a legal document known as a will. A family lawyer can draft these documents on your behalf to ensure they are legally binding as well as ensuring the estate is administered according to the requests of the person who has died.

Child Custody

The issue of a child or children is often fraught with emotion and resentment when a couple decide to go separate ways. Yet there needs to be discourse and an agreement regarding the care of a child or children in their parents new living circumstances. A child custody agreement is something both parents have to comply with. A family lawyer can help form this agreement as well in assisting parents in making any needed amendments that are law-abiding over time.

Prenuptial Agreements

This is an agreement a couple sign before a civil union or marriage. These can vary a great deal, but its purpose will list the degree of support a spouse will receive as well as any property divisions should the relationship not work out. A family lawyer can assist in assembling a prenuptial and can address any matters that result in a legal way.

Litigation

When you have an issue that ends up in court, justice is best obtained by utilizing the services of a family lawyer. They handle cases likes yours on a very regular basis and possess the knowhow and experience to ensure you get the best possible outcome for your case.

Importance Of Family Lawyers

An experienced family lawyer is paramount if you need a satisfactory conclusion to your situation. Although they cannot guarantee the outcome you most desire, you greatly increase the odds of obtaining the best outcome possible by retaining their services. When you have a legal issue needing a balanced and thought-out strategy, a family lawyer is your best option.

“5 Things a Family Lawyer Can Do For You.” Lawyer Referral Service, 8 Nov. 2018, austinlrs.com/blog/5-things-a-family-lawyer-can-do-for-you/.

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

*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]

Written by Canterbury Law Group

Do I Need a Family Lawyer?

Do I Need a Family Lawyer

A well-versed attorney can make crucial differences when dealing with a family related legal issue. Specializing in many areas from divorce to the adoption of a children and able to offer counsel important matters like the drafting of documents as well as representation in court. Read on to learn more.

What Is The Role Of A Family Lawyer?

A family lawyer can lessen the strain of communication with family members in difficult situations as well as taking care of legal actions involving members of your family ranging from disputes, negotiations, unions, lawsuits, and split ups.

What Can A Family Lawyer Help With?

A family lawyer can help you deal with major changes in the life of your family including in some of the following areas:

  • Domestic partnerships and civil unions
  • Marriages
  • Prenuptial contracts and agreements
  • The separation of a couple
  • The divorce of a couple
  • The settlement of property issues
  • Assisting with alimony
  • Dealing with accusations of child abuse and neglect
  • Dealing with accusations of spousal abuse and neglect
  • Issues of custody regarding a child or children
  • The kidnapping of a child or children
  • The adoption of a child or children

Remember to confirm the area you are looking for assistance with when first meeting a family lawyer.

The Cost of A Family Lawyer

Although it is conventional for family layers to charge an hourly rate, there are those who use a flat rate scale, especially if the task required is simple or more elementary such as the drafting or review of documentation. Rate can vary greatly depending on the complexity of the matters at hand as well as your location.

Expectations Of Working With A Family Lawyer

Given the wide areas of knowledge a family lawyer has, a good goal should be a relationship with your family that is clearly defined. Regardless a family lawyer can recommend whether your case is worth taking to court or analyze the strengths and weaknesses of a case. They are capable of guiding you through each phase of the legal process. You can be sure a family lawyer will ensure all documents are legally binding and has terms that are easy and clear to comprehend. Should you have to negotiate or visit court, there can be no guarantees your outcome will be favorable but with an experienced family lawyer you will have the greatest opportunity to win your case as they will be armed with correct information.

Source: “Do I Need a Family Lawyer?” Affordable Legal Services, Free Legal Documents, Advice & Ask a Lawyer, www.rocketlawyer.com/article/do-i-need-a-family-lawyer.rl.

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

*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]

Written by Canterbury Law Group

How Long Does It Take To Get A Divorce If Both Parties Agree?

How Long Does It Take To Get A Divorce If Both Parties Agree

Agreeing on the issues before embarking on a divorce is the normally the quickest way to ensure swift, plain sailing for your divorce. That is why divorces that are uncontested are not only the easiest and most direct route to take but have the benefits of saving both money and time. Read on to learn more.

Depending on the state you reside in the length of time a divorce may take can vary even when the parties agree on everything. Waiting periods can be up to and including six months in some states from the initial filing of paperwork to the finalization of a divorce and to allow the other side to launch an appeal should they decide to do so. In other states the entire process can be completed in around sixty days. Generally, even in the best circumstances and depending on your location the time to complete the divorce can differ from as few as six weeks to twelve months.

There are several considerations to account for when it comes to the duration of the process:

  • Do you have a child or children together?
  • Do you both own property?
  • Do you both own assets?
  • What is the current relationship between you and your soon to be ex-spouse?
  • Was there a pre-nuptial wedding agreement?

Divorce courts are also busy and again depending on where you live there may be an extensive backlog of cases waiting to be heard that further delays the entire process. You also must meet the requirements for residency in the state where you are filing the divorce. In some states that period may be six to twelve months. So, this is vital to clarify if you are after a timely divorce process.

How Long Does It Take To Get An Uncontested Divorce In Arizona?

In Arizona it can take as little as sixty days to obtain a divorce decree (though the circumstances in which this is possible are limited as per ARS 25-329) – even so, the average time statewide for divorces that are uncontested to be resolved is 105 days with rimes ranging from ninety to one hundred and twenty days. In circumstances where the concerned parties agree on all the concerning issues, a joint agreement may be taken to the court and filed there. Their agreement can be at the same time or later if there are still some outstanding issues to be addressed. Sometimes, the parties may utilize the services of a mediator for resolution of these matters. If an agreement is reached and submitted to the courts the judge in normal circumstances will sign it in to the divorce decree at the termination point of the waiting period.

Source: Crowley, Jason, et al. “How Long Does It Take to Get Divorced.” Survive Divorce, Survive Divorce, 29 Jan. 2020, www.survivedivorce.com/how-long-does-divorce-take.

Need a Divorce Lawyer in Scottsdale or Phoenix?

As proven legal counsel in family court, we have a network of Arizona attorneys, expert witnesses, mediators, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyersdivorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custodylegal guardianshippaternityprenuptial agreements, and more.

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

Written by Canterbury Law Group

Possession Of A Controlled Substance

Possession Of A Controlled Substance

When the federal government decides to apply regulations to particular drugs and associated materials they are known under the term “controlled substance.” Some of these substances are perfectly legal to have in your possession if certain criteria are met – for example if they are for medicinal or scientific purposes. It becomes illegal when there is no applicable legal justification, or its use can not be legitimized.

Defining Controlled Substances

The federal government has divided drugs into what it refers to as “schedules” There are five of them – from the most harmful and lethal drugs in Schedule I to the least harmful in Schedule V in that is known as the Controlled Substances Act. The majority of states have chosen to follow this scheme. See: 21 U.S.C. §§ 801 and following for further details.

Defining Illegal Possession Of A Controlled Substance

When an individual has possession of controlled substance or a drug without the authorization or justifiably legal reason for doing so they can be said to be in illegal possession of a substance that is controlled. Frequently this often applies to people who are found to be in possession of drugs such as methamphetamine, cocaine, marijuana, or other various narcotics. For someone to be convicted of this, the prosecutor has to prove the defendant knowingly had possession of the controlled substance.

The Knowing Difference

A person must intentionally or knowingly retain control or possession of a drug for the possessing of a controlled substance to be considered a crime. It may be on their body, in a pocket or they may have control as to the whereabouts of the drug, for example, in a bag, a hiding place or one of the compartments of a car. The defendant may face a conviction for possession when the prosecutor establishes proof the defendant had at least some control over the drug. Just because two people who live together in the same residence, does not equal both as being in possession – the person responsible for control has to be established if the other person did not have control over the drug or substance.

Distribution and Sales

It is possible a person who is facing possession charges may also face up with and a charge of “intent to distribute.” This is far more serious situation. The charge is usually based on the quantity of drugs that have been discovered – usually when it exceeds what may be considered reasonable for personal use. Other evidence may be obtained as well to back up this accusation such as materials used for packaging, lists of clients and a large amount of cash.

Drugs And Vehicles

Many cases of possession come from police pulling over people for traffic stops. It is not uncommon for police to suspect and indeed, locate drugs in a car and the driver is then facing a charge of possession. This is especially the case when the driver or passengers are discovered to have drugs on their person. However, the emphasis is on the prosecutor to establish the driver and/or passengers had knowledge of the drugs in the vehicle. It is also frequently the case more than one individual had possession of the drugs and/or controlled substances.

Penalties

The penalties for possession of drugs and/or controlled substances can vary enormously from state to state or if the charges are federal charges or not. Many factors go into consideration but let’s look in general terms at some of the possible consequences:

  • Fines are very often levied with drug or controlled substance convictions and can vary from less than $100 to more than $100,000 depending on the severity of the situation.
  • Time in jail and prison sentences may also result following a conviction. Again, this can range from just a few days to sentences of greater than ten years.
  • Probational sentences are often consequences in accompaniment to the above and may include rehabilitation treatment as a condition. More than likely the convicted individual will have regular meetings with a probation officer and will have to agree to certain codes and conducts of behavior. It is within the power of a court to revoke an order of probation should the convicted person not meet the terms of their probationary agreement. In such cases, the convicted individual us usually returned to jail or prison for the outstanding duration of their sentence.
  • Diversion programs share some commonality with probation programs but are utilized normally for those who are offenders for the first time. In these programs, the prosecutor permits the offender to take part in a program of behavior modification as well as counseling, often over an extended period of time. Once this has been successfully completed, the prosecutor will consent to drop the charges. Should the offending not complete the terms of the diversion agreement, the prosecutor will then pursue the case against the offender.
  • A drug offender in many states may be offered the opportunity to partake in a rehabilitation course or a program of drug treatment as opposed to a custodial sentence. This may also be a condition when the person is on probation.

Speak With An Attorney

When you face a possession charge of a drug or controlled substance, an experienced criminal defense lawyer can be of great benefit. They can examine your situation, ensure the proper protocols and procedures were followed by police and can advise you on how best to exercise your rights as well as explaining the possible outcomes of your charges. It many have a great impact on your life and impact your ability to obtain a job, housing or licensing required for your profession.

Source: Theoharis, Mark. “Possession of a Controlled Substance: Drug Possession Laws.” Www.criminaldefenselawyer.com, Nolo, 28 Jan. 2020, www.criminaldefenselawyer.com/crime-penalties/federal/Possession-Controlled-Substance.htm.

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

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.

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