Arizona Estate Planning Lawyers

As defined under Arizona law, estate planning is planning the management and the disposition of your assets while you are alive and after your death. It also includes planning for your healthcare in case you become incapable of taking care of yourself. With the help of an Arizona estate planning lawyer, you can rest assured that your life’s work will be well taken care of.

In Arizona, if you die without a will, you may not have proper representation, and your family might be left fighting over your assets. If this is the case, Arizona will decide the successor to your property. It is best to hire a lawyer to get your affairs in order before it is too late. A good lawyer can interpret the maze of laws on property rights, taxes, probate and trusts.

Arizona estate planning lawyers can help you decide how to transfer property and resolve other financial and personal matters including retirement funding and tax planning. Most importantly, they can guide you through the process of making a will. They can help you set up a trust naming who will hold your property until your death and disperse the property according to your will.

Before hiring an estate-planning lawyer, you should verify his/her expertise and credentials because estate planning is a very important process in your life. To find an estate-planning lawyer, you can check with the State Bar Association of Arizona, or you can search on the Internet. There are a variety of links and resources about lawyers and law firms in Arizona.

Arizona Lawyer Referrals

As much as lawyers and doctors hate to admit it, their professions are very much alike. One of these similarities is that both doctors and lawyers can choose to specialize in a specific field or area of their profession. Another similarity is that there is also a well-established referral system among doctors and lawyers. This is very true in most areas, especially in places where there is a large concentration of doctors or lawyers, including Arizona. However, not all people are fully aware of the referral system in the practice of law, which in the final analysis is very similar to the referral system among doctors.

How does it work among lawyers?

In the legal profession, the referral system is similar to that of the medical profession. In the legal profession, there are referral attorneys who get clients not because they want to represent them but because they want to refer them to other attorneys who specialize in the cases of the clients. This is similar to the referral system in the medical profession where general practitioners or other doctors refer patients to other doctors who are specialists in the diseases of the patients. In the same way that doctors who refer patients get a percentage of the fee, referral attorneys also receive a percentage of the legal fees of the lawyer to whom they referred the clients.

However, in the referral system among lawyers, there are instances wherein the referral attorney would only earn the percentage f the legal fees if the actual lawyer handling the case wins the case. The good news is that this augurs well for clients who approach referral attorneys because given this set up, referral attorneys have an incentive to refer them to really good lawyers to increase the chances of winning the case.

In the legal profession, there is also a well-established referral system wherein referral attorneys earn by attracting clients for the purpose of referring them to other lawyers. However, unlike the referral system in the medical profession, referral attorneys have an incentive in referring clients to really good clients because of the fact that they will earn only if the actual lawyer wins the case. Given this, getting the help of a referral attorney for a person’s legal needs can be considered a win-win situation.

Arizona’s Constitutional Carry Law

Recently in Arizona there was a Senate bill which passed relatively quietly and with little opposition. It was SB 1270, and it widely increased the rights of Arizonans to carry weapons as they please in the Grand Canyon state. Prior to this bill, weapons could be carried openly by anyone over the age of 18, however they could not be concealed or carried into a restaurant (or any establishment serving alcohol) without a permit issued by the Department of Public Safety. The situation has changed significantly now.

Based on the new law, anyone over the age of 21 can legally conceal a weapon and carry it in public without a permit. Removing the burden of a permit from the average citizen, in some eyes, is a positive thing which enables people to enjoy the freedoms which are listed in the Bill of Rights. To others, the idea of anyone being able to put on a gun and conceal it is horrifying. Either way, as the law stands in December 2010, it is legal…to a point.

That point is as soon as the gun owner tries to enter private property. Any store or person is allowed to block weapons from being carried into their establishment. Failure to comply could result in a criminal trespassing misdemeanor. If the store allows the carrying of weapons (silence is consent) then everyone is in the right. In addition to several exceptions such as school and federal buildings, restaurants which serve alcohol are off limits to those who carry weapons unless they have a concealed weapons permits.

In addition, federal law still states that no one without a permit may carry a weapon concealed within 1,000 feet of a school. In urban areas, it is nearly impossible to come within 1,000 feet of a school. Therefore, many carrying concealed under the constitutional carry bill will still be technically in violation under the federal law.

Obtaining a permit is relatively easy. Training must be taken from any NRA and DPS certified instructor, or certain types of training like military service may be substituted. The appropriate paperwork as well as $60 is sent in with a fingerprint card to DPS, and usually within a few weeks a permit is issued. Arizona is a “shall issue” state, so any citizen without negative markers (criminal record, mental illness, etc) must be issued one.

There are still several complexities and rules within the weapons laws of Arizona which would take a book to explain. Make sure if you are going to carry a weapon you are well versed in these laws so you do not find yourself in trouble with the law when you least suspect it.

Cias Hart is a veteran and resident of Arizona. If you’ve been arrested in Arizona for weapons related charges, contact a Phoenix criminal attorney [http://www.criminalattorneyphoenixaz.com] for a consultation. A Phoenix criminal lawyer [http://www.criminalattorneyphoenixaz.com] will be well versed in the intricacies of Arizona weapons law, and will be competent to defend you from prosecution. They will negotiate on your behalf and act as a reliable representative in order to save you time, money, and freedom. Stay safe!

So Many Phoenix Lawyers – So Why is it So Hard to Find One When You Need One?

As a long-time Phoenix, Arizona based lawyer I am sometimes amazed at how small the legal community seems, considering how large the community in general is. I recently discovered that that is only true in the insulated world of my own practice, which does not encompass the myriad of different legal problems people and businesses face on a daily basis. Fortunately, there appear to be plenty of Phoenix lawyers to fit the bill for whatever need you might have.

Despite what I admit were some pretty feeble research attempts, I wasn’t able to find any statistics for the number of lawyers practicing in the city of Phoenix itself, but a search function available on the the Arizona State Bar’s website reveals that there are over 12,000 lawyers in Maricopa County, Arizona, which is basically the Phoenix metropolitan area. Frankly, that seems like a lot of lawyers.

Maybe too many.

Twelve thousand lawyers is enough people (if you can call lawyers people) to constitute a nice small town, or a significant percentage of the population of many state capitals.

So why does it seem that I keep bumping up against the same few lawyers and why, when looking for a referral for a practice area I don’t work in, does it sometimes seem so hard to find the right lawyer?

I think part of the answer lies in the increasing number of specialty practices born partly by the increasing complexity of many legal practices. If you are only handling aviation accident cases, you’ll probably interact primarily with the small number of other lawyers handling similar types of cases. And there are many such specialty practices out there if you are in need of a specialized practitioner.

Of course, many of the Phoenix’s 12,000+ lawyers work in capacities that are virtually invisible to most of us in our daily lives, though they are vital to the effective functioning of society in general. Many of them, maybe half or more, work for the State, Federal Government, a City, or the County in a civil or criminal practice. Unfortunately, due to a variety of social truths that are beyond the scope of this article, it takes a lot of lawyers to keep the government running.

A lot of the remaining lawyers are directly employed by large or mid-sized businesses or work for larger law firms that serve the significant legal needs of larger companies. Again, many of these lawyers are virtually invisible to to most of us (even other lawyers) are would never be a realistic consideration if an average person or company needed to hire a Phoenix lawyer.

So at the end of the day I believe there is a surprisingly limited supply of Phoenix lawyers for available to help most individuals and businesses when they find themselves in need. These lawyers work from small to mid-size law firms or often practice alone, typically limiting their areas of practice to a limited scope of issues where they have some familiarity. People looking for a Phoenix lawyer should spend some time finding a lawyer or law firm who fits their needs and their personality.

The best way to find a Phoenix lawyer today, in my opinion, is to do some research on the internet, where many lawyers offer profiles of themselves and their practices. Its also always a good idea to ask for referrals from trusted sources. If you have a lawyer you trust who does not handle the type of case you are looking for, they can be an excellent resource for a referral as well.

Kevin R. Harper is an Arizona litigation attorney, representing individuals and small businesses throughout the state of Arizona from his Central Phoenix office located at 1 N. Central Ave., Suite 1130, in downtown Phoenix. Harper Law PLC represents individuals and businesses all over the state of Arizona.

Criminal Law Attorneys and the Process For Criminal Cases

A commission or omission of an act in violation of a law which forbids or commands it, is considered a crime. If there is a complaint lodged against you regarding an act which was committed or omitted, you may be arrested and prosecuted under the Criminal Law system of a particular State. If you have been charged and arrested under such circumstances, always remember that you must hire the services of a good Criminal Law attorney to help you defend yourself.

Your defense attorney will make sure that all the procedures and processes leading to your arrest were followed. This is because any deviation from the required process will work in your defense and an experienced defense attorney will examine everything to make sure your rights were not violated when you were arrested.

In Arizona criminal justice, for instance, several stages are involved, including the proceedings, beginning with the commission of the crime up to the probation process. The criminal justice begins to roll when the crime is reported to the local authorities who then begin to investigate and collect the evidence. Once there is enough evidence, they will make the necessary arrest. The arrested person is then brought to the police station, fingerprinted, photographed and temporarily detained. There are cases where the arrested individual is immediately released after data was gathered and there are also cases where the person arrested is required to post a bond to ensure their appearance in court. During this time, the presence of a defense attorney will certainly be very helpful for the arrested person.

Within twenty four hours of the arrest, the person charged with an offense is required to make an appearance before the court where the judge will establish if the evidence is sufficient to support the reasonability of the charges. Since the court appearance would already involve some legal knowledge, the defense attorney will be the one who will answer for the accused. At this point, if the accused was unable to get the services of an attorney, the judge will appoint a defense attorney to defend him in court. It is, however, a sound decision if you will instead choose and hire services of an attorney who will defend you.

In certain circumstances, the Office of the State Attorney, after it has reviewed the local authorities’ arrest procedure, may file formal charges against the person who was arrested. He will then be scheduled for arraignment proceedings and once again, the presence of a defense lawyer to represent him will be required. It will be during this time that the defense lawyer, upon conferring with his client, will enter a plea of not guilty or guilty.

Once a plea is entered, another process will take place and this time, if the plea entered is not guilty, may involve trial preparations where the defense attorney will begin to interview witnesses and would also have the chance to be apprised of the evidence against the accused. The criminal justice process ends when during the trial, the criminal defense attorney proved that the accused is not guilty and the court agreed with him. If found guilty, however, the judge will review the sentence guidelines or plea agreements, then determines what type of sentence he will impose on the accused. If there is a chance to appeal the decision, the defense lawyer will begin another tedious preparation to file the appeal to a higher court.

Arizona Lawyers Are Regarded As Some of the Best Lawyers in America

In case you are caught in some legal case in Arizona the best option would be to hire the services of an Arizona lawyer since he would know the court system of the state of Arizona in the best possible manner.

In case you are caught in some bankruptcy case in Arizona as per the law of Arizona you can file for bankruptcy which prevents all the creditors from claiming debt from you until and unless the matter gets sorted out as per the law of Arizona. In order to file for bankruptcy one must collect all financial information related to them and you could file for bankruptcy yourself or through a lawyer. The best option would be to hire for services of a bankruptcy lawyer.

Get in touch with the Arizona State Bar Association legal referral service to get a referral or research on the internet or search through yellow pages for information on Arizona bankruptcy lawyers

You can even search through various Arizona lawyers’ directories to get information on various lawyers by going through their database. You can get information regarding lawyers related to Immigration Law, Family Law, Personal Injury, Bankruptcy, Business Law and Criminal Law.

In case you are caught in some legal issues related to taxes in Arizona opt for the services of Arizona attorney as they have to obtain specialized certificate from the Arizona Board of Legal Specialization therefore you know that you have the got a knowledgeable person to deal with your case.

So in case you reside in the state of Arizona and are looking forward to seek the services of an Arizona lawyer it would be a good option to check up with your friends or relatives or peruse the internet for information related to the lawyer. Keep in mind that lawyers from Arizona are regarded as one of the best lawyers in America.

Changes to Search Incident to Arrest After Arizona Vs Gant

Do I have a Valid Motion to Suppress?

Clients often ask criminal defense attorneys whether the police can lawfully search their vehicle after being arrested by the police.

In short, the answer may depend as to the reason for the arrest. In the event that the police arrest an individual for a traffic-related offense (i.e. driving while license suspended, leaving the scene of an accident, etc.) the police may be barred from searching the arrestee’s vehicle after the arrestee has been detained outside of the vehicle. Conversely, if the police arrest an individual for a drug-related offense (i.e. possession of marijuana located in plain view in the center console) a search of the arrestee’s vehicle is likely permitted even if the police have detained the arrestee outside their vehicle.

The law is well-settled that the police cannot search an arrestee’s vehicle without a warrant signed by a neutral and detached magistrate unless they can point to valid exception to the warrant requirement. One such exception to the warrant requirement is “search incident to a lawful arrest.” This particular exception derives from interest in officer safety and evidence preservation that are typically implicated in arrest situations.

The police may search a vehicle incident to recent occupant’s arrest “only when the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search” or when it is “reasonable to believe evidence relevant to the crime of the arrest might be found in the vehicle.” When these justifications are absent, a search of the arrestee’s vehicle will be unreasonable unless the police obtain a warrant or show that another exception to the warrant requirement applies (i.e. consent).

In the recent landmark decision of Arizona v. Gant, 129 U.S. 1710 (2009), the United States Supreme Court held that the search of the defendant’s vehicle was unreasonable where the defendant “was clearly not within reaching distance of his car” because he was handcuffed in a patrol car at the time of the search. In Gant, law enforcement arrested the defendant for driving with a suspended license. Relying on the exception to the warrant requirement of “search incident to a lawful arrest”, and although Gant was lawfully detained outside his vehicle, law enforcement searched Gant’s vehicle and located a weapon and a bag of cocaine. The Supreme Court found the search unreasonable and reasoned that the law does not authorize a vehicle search incident to a recent occupant’s arrest after the arrestee has been secured and cannot access the interior of the vehicle as law enforcement could not have reasonably believed that they would find evidence relevant to the offense of the arrest, in this case, driving with a suspended license.

In Florida, the Second District Court of Appeals in State v. K.S., 28 So.3d 985 (Fla. 2nd DCA, 2010), recently relied on Gant when holding that the police could not justify the search of the defendant’s vehicle after the police detained the defendant for fleeing and eluding law enforcement. The Second D.C.A. reasoned that the search was unreasonable because the police could not have reasonably believed that they would find evidence of the defendant’s crime (fleeing and eluding law enforcement) during a search of the vehicle.

Moving forward, the Courts will interpret the impact of Gant on a case by case basis. As such, if you or a family member is arrested for a crime in Florida where the basis of the arrest is evidence obtained by law enforcement (i.e. drugs, weapons, etc.) during a search of your vehicle, it is important to immediately contact a criminal defense lawyer who is familiar with Gant and its progeny. A skilled Fort Lauderdale criminal defense lawyer may be able to fashion a viable Motion to Suppress all evidence seized as a result of an unlawful search and seizure.

The author Philip M. Snyder is a founding partner of Lyons, Snyder & Collin, P.A. in Fort Lauderdale, Florida. Fort Lauderdale criminal defense attorney Philip M. Snyder handles all criminal defense matters including domestic violence, economic crime, drug offenses and driving while under the influence. Fort Lauderdale family law attorney, Sean L. Collin, handles all family law issues including divorce, child custody and alimony. Fort Lauderdale personal injury lawyer Marc P. Lyons handles all personal injury cases, including auto accidents, slip and fall and wrongful death.

Assault Laws in Arizona

Assault is generally considered, in conversational speaking, to mean to lay hands on another person for the purpose of doing them bodily harm. Commonly understood, this means to punch, hit, slap, or perhaps push another person. We most likely think of a school-yard fight or a bar room brawl as examples of assault, outside of the more complex area of domestic violence. I would like to take the next few paragraphs to explain that assault can actually refer to far less aggressive acts, and at the same time have serious consequences for the accused. I will also discuss what to do if you have been arrested or charged with assault.

First, let’s go over the Arizona Revised Statute Title 13, Chapter 12. Specifically, Section 3 which deals with the crime commonly known as assault.

ARS 13-1203
A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.
B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

In case you have a hard time with legal jargon, let me break that down in layman’s terms. You commit assault (a misdemeanor) if you:

(1) Injure another person
(2) Place a person in fear of being injured
(3) Touch another person, specifically trying to hurt, insult, or provoke them (such as pushing someone to start a fight).

This is a far different understanding than most people have, and it has serious implications for those who don’t understand it. While most of us will go the majority of our adult lives never having a confrontation with another grown-up, sometimes we are placed into situations not of our own choosing. Should you have to escape from such a situation, or protect your family in one, you should be aware that of this statute. If you so much as lay a finger on a person who has not, as of yet, caused you injury then you may be charged with assault.

Suppose you are in the grocery store, and have a run-in with an “upset” homeless person. Regardless of whether or not they are attempting to take something from you, or are scaring your family, if you touch them you may find yourself placed under arrest for assaulting them. Self-defense exceptions, highlighted in another of my articles, specifically refer to times when you are in immediate fear of being injured or a third party being injured.

Simply put, consider yourself warned. In today’s society, you are almost never allowed to lay your hands on another person forcefully. Should you do so, you may find yourself in the custody of the authorities, and potentially charged with a crime.

If you have been charged with a crime, your first step should be to contact a criminal defense lawyer. Criminal defense attorneys are aware of all of the exceptions and complexities surrounding ARS 13, and may be able to negotiate with the State on your behalf if you find yourself in trouble.

Cias Hart is a veteran and lifelong resident of Arizona. It is important in today’s society that you understand the complexities of the legal system. If you live in the greater metro area, it is in your best interest to contact a reputable criminal defense attorney in Phoenix [http://www.criminalattorneyphoenixaz.com] before you are charged with a crime so you are not fumbling at the last minute to find a good legal defender. If you have been arrested or charged with a crime, contact a Phoenix criminal defense lawyer [http://www.criminalattorneyphoenixaz.com] immediately; your freedom may be at stake!

Third Time Around – Felony DUI Penalties in Arizona

You feel like you have been here before. You’ve made few mistakes in the past, and the two previous DUI convictions were challenging to deal with. Once you have been convicted of a first DUI offense, the penalties become increasingly steep. While the law is more lenient toward first time offenders, as your charges accumulate the judges are less and less likely to be forgiving.

In Arizona, while most drunk driving charges are misdemeanors, after your third DUI within seven years, the charge is considered a felony, regardless of the level of your blood alcohol content. The penalties are harsh, including:

• Being charged with a class four felony
• A minimum prison sentence of four months, which could br greater, depending on your individual factors
• Fines can be levied in excess of several thousand dollars, depending on your violations
• Revocation of your drivers’ license for three years
• If you receive probation, you will likely have to attend and pay for counseling and treatment sessions
• After your release, you could be placed on probation for up to five additional years
• If you are the owner of the car you were driving when you were arrested for drunk driving, the court may seize your vehicle from you

It is important to note that if you have any sort of additional criminal history, other than your previous DUI convictions, some of these penalties may be assessed more harshly, including the imposition of a longer jail term if the court finds appropriate.

If you have been charged with a felony DUI in Arizona, it is imperative to hire an experienced DUI attorney to represent you. A DUI lawyer in Phoenix can explain to you what to expect from the local court system in light of the serious nature of the charges, plan a strategy to fight for your rights, and assist you in obtaining the best possible outcome. Some ways in which an experienced DUI lawyer in Arizona can help include:

• Getting inadmissible evidence thrown out
• Looking for any violation of your constitutional rights
• Inquiring into the arresting officer’s background and experience
• Questioning whether probable cause for the initial stop existed
• Asking about the officer’s reasonable suspicion that led him to pull you over
• Finding errors in the blood alcohol testing methods and procedures

By making sure you have someone to help you tell your side of the story, you increase your chances of success and make a positive resolution to your DUI charges. Remember, Arizona has some of the strictest DUI laws on record, so make sure you take the charges seriously and protect your rights.

So Many Phoenix Lawyers – So Why is it So Hard to Find One When You Need One?

As a long-time Phoenix, Arizona based lawyer I am sometimes amazed at how small the legal community seems, considering how large the community in general is. I recently discovered that that is only true in the insulated world of my own practice, which does not encompass the myriad of different legal problems people and businesses face on a daily basis. Fortunately, there appear to be plenty of Phoenix lawyers to fit the bill for whatever need you might have.

Despite what I admit were some pretty feeble research attempts, I wasn’t able to find any statistics for the number of lawyers practicing in the city of Phoenix itself, but a search function available on the the Arizona State Bar’s website reveals that there are over 12,000 lawyers in Maricopa County, Arizona, which is basically the Phoenix metropolitan area. Frankly, that seems like a lot of lawyers.

Maybe too many.

Twelve thousand lawyers is enough people (if you can call lawyers people) to constitute a nice small town, or a significant percentage of the population of many state capitals.

So why does it seem that I keep bumping up against the same few lawyers and why, when looking for a referral for a practice area I don’t work in, does it sometimes seem so hard to find the right lawyer?

I think part of the answer lies in the increasing number of specialty practices born partly by the increasing complexity of many legal practices. If you are only handling aviation accident cases, you’ll probably interact primarily with the small number of other lawyers handling similar types of cases. And there are many such specialty practices out there if you are in need of a specialized practitioner.

Of course, many of the Phoenix’s 12,000+ lawyers work in capacities that are virtually invisible to most of us in our daily lives, though they are vital to the effective functioning of society in general. Many of them, maybe half or more, work for the State, Federal Government, a City, or the County in a civil or criminal practice. Unfortunately, due to a variety of social truths that are beyond the scope of this article, it takes a lot of lawyers to keep the government running.

A lot of the remaining lawyers are directly employed by large or mid-sized businesses or work for larger law firms that serve the significant legal needs of larger companies. Again, many of these lawyers are virtually invisible to to most of us (even other lawyers) are would never be a realistic consideration if an average person or company needed to hire a Phoenix lawyer.

So at the end of the day I believe there is a surprisingly limited supply of Phoenix lawyers for available to help most individuals and businesses when they find themselves in need. These lawyers work from small to mid-size law firms or often practice alone, typically limiting their areas of practice to a limited scope of issues where they have some familiarity. People looking for a Phoenix lawyer should spend some time finding a lawyer or law firm who fits their needs and their personality.

The best way to find a Phoenix lawyer today, in my opinion, is to do some research on the internet, where many lawyers offer profiles of themselves and their practices. Its also always a good idea to ask for referrals from trusted sources. If you have a lawyer you trust who does not handle the type of case you are looking for, they can be an excellent resource for a referral as well.

Kevin R. Harper is an Arizona litigation attorney, representing individuals and small businesses throughout the state of Arizona from his Central Phoenix office located at 1 N. Central Ave., Suite 1130, in downtown Phoenix. Harper Law PLC represents individuals and businesses all over the state of Arizona.