We know you have questions. We have your answers.
*These responses cover most but not every scenario. If you have additional questions or want to discuss your individual case, feel free to contact Curry, Pearson & Wooten P.L.C. We are here to help you.
- Page 10
I was arrested for drunk driving in Tempe, and my blood test results showed that I was over the legal limit. Should I request a civil hearing?
How you proceed after receiving your blood test results depends on your DUI history and the circumstances of your case. Before you make any decisions, it would be extremely wise to contact an experienced Tempe DUI lawyer who can explain your rights and options.
As a general guideline, however, choosing a civil hearing in your Arizona DUI case may be the best plan. Requesting a civil hearing will often delay your license suspension, and may eventually mean the suspension is voided. Additionally, it will allow you to look at the case against you and possibly get statements under oath that could be helpful to your case.
If you do choose a hearing, it is important to note that very few Arizona DUI cases are ever dismissed. The real advantage to a civil hearing is that it can give you time to prepare for the license suspension. If it would be better for you to serve the license suspension as soon as possible, then you may want to skip the civil hearing.
Don't try to handle an Arizona DUI arrest on your own. Call the experienced and friendly Tempe DUI lawyers with Curry, Pearson & Wooten today at 1-888-929-5292 to request a copy of our helpful book, DUI's in Arizona - What You Must Know.
I am ready to interview potential Scottsdale divorce lawyers for my case. What kinds of questions should I ask?
After narrowing down your options, it can be difficult to know exactly what you need to ask before hiring your Scottsdale divorce lawyer. We strongly recommend that you start writing down questions you have about your specific circumstances, but also be prepared to ask about:
- Qualifications: Your Scottsdale divorce lawyer should understand local and state laws and be able to provide information about his or her qualifications. For example, we deal with divorce in Maricopa County on a daily basis and have achieved an AV rating with Martindale-Hubbell, the highest rating possible.
- Experience: No amount of education or qualification can replace real courtroom experience. Our respected Arizona divorce attorneys have put in real time in the courtroom and have experience in handling both high- and low-profile cases.
- Case history: Of course, experience doesn't matter if your attorney has never won a case. Take a look at our client testimonials and successful case history.
- Personal principles: Meeting with a potential Tempe divorce lawyer gives you a chance to ask questions about your situation and get an idea of how your lawyer approaches divorce cases.
If you have any questions about divorce in Maricopa County, give us a call today at 1-888-929-5292. Our clients have described us as "lawyers you can talk to," and we look forward to meeting with you in a free, confidential, and no-obligation legal consultation.
Why should my fianc and I consider a prenuptial agreement in Arizona?
Although many people feel that an Arizona prenuptial agreement is unromantic or expresses mistrust, nothing could be further from the truth. Deciding what will happen with your children, family home, and finances in the case of a divorce or sudden death is a part of planning for your future together. A Phoenix prenup means that you both have a chance to talk about the hard stuff while you're deeply in love and have a clear idea what you want out of the future.
It's never a bad idea to ensure your future or the futures of your children. In cases of divorce or the sudden death of a spouse, an Arizona marriage contract can ease the pain of the difficult time and offer some peace of mind. Especially for couples with high salaries, substantial assets, or children from another marriage, a prenuptial agreement is an important safeguard. It also shows that you both care what happens if the worst occurs.
If you have questions about a prenuptial agreement in Maricopa County, give the friendly Phoenix family lawyers with Curry, Pearson & Wooten a call at 1-888-929-5292 for a free consultation.
Is it considered murder in Arizona if the victim is an unborn child?
Yes, a person may be charged with murder if he or she causes the death of an unborn child at any stage of development in the womb. However, there are some circumstances under which this is not legally considered an Arizona homicide, including:
- If you are performing an abortion with the consent of the pregnant woman or the consent of a person authorized to act on the pregnant woman's behalf;
- If you are performing medical treatment on the pregnant woman or the pregnant woman's unborn child;
- If you are the unborn child's mother.
If you have been arrested for murder in Arizona, don't wait too long to contact a Phoenix homicide defense attorney at 1-888-929-5292. We can look at all of the details of your case and explain your rights honestly and clearly, and we will do everything in our power to defend you. Our Maricopa County criminal defense lawyers understand what it takes to build strong defenses and are familiar with the entire criminal law process. Also, don't forget to read through our FREE book, Arizona Criminal Law - What You Must Know.
Is it possible for me, as a parent, to be charged if my teen violated the Phoenix curfew laws?
Yes. According to Phoenix curfew law, the parent or guardian of a teen can be charged with a Phoenix curfew violation if the adult allows the teen to "be, remain or loiter in, about or upon any place in the City away from the dwelling house or usual place of abode of said juvenile" without adult supervision.
As a parent, it is important to understand curfew laws in Arizona and talk to your teen about both the law and your expectations. In Phoenix, minors aged 15 or younger need to be in by 10 p.m., and minors older than 15 should be in by midnight. The curfew ends at 5 a.m. These hours are in effect seven days a week, and they are the same during the summer and the school year.
If your teen has been charged with a Phoenix curfew violation, give our Arizona juvenile defense lawyers a call at 888-929-5292 today to set up a FREE consultation. We also offer a FREE book for parents, Arizona Criminal Law - What You Must Know.
Is it possible to be denied visitation with my children after an Arizona divorce?
Yes, but usually only in extreme cases. The idea behind visitation in Arizona is to ultimately protect the health and well-being of the children. Visitation can be denied or limited to supervised visitation in just about any case in which the child could be harmed by normal visitation. These circumstances include:
- Physical abuse
- Emotional abuse
- Incarceration of a parent
- Sexual abuse
- Substance abuse
- Risk of abduction
- Neglect or parent alienation
This is by no means a comprehensive list, either. Any situation that harms the child has the potential to limit the visitation rights of the noncustodial parent. This may include differing religious practices or cohabitation of the noncustodial parent.
If you are going through an Arizona divorce and have questions about what that means for your visitation rights, contact a Phoenix divorce lawyer right away at 1-888-929-5292 for a free consultation. You also can request a copy of our book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
What is the difference in punishment between a felony and a misdemeanor in Arizona?
A felony is a much more serious crime than a misdemeanor, and that is probably best reflected in the presumptive prison sentences for each:
Misdemeanors in Arizona
- Class 3: 30 days
- Class 2: 4 months
- Class 1: 6 months
Felonies in Arizona
- Class 6: 1 year
- Class 5: 1.5 years
- Class 4: 2.5 years
- Class 3: 3.5 years
- Class 2: 5 years
- Class 1: 25 years to life (potential death penalty for first degree murder)
In addition, felony sentences are generally carried out in a state prison instead of a local jail. Some misdemeanors are punishable by fines instead of jail time. In some cases, such as assault versus aggravated assault, specific circumstances determine how the crime is classified and how severe the punishment will be.
If you have been charged with a felony in Maricopa County and have questions about your case, contact an experienced Phoenix criminal defense lawyer today at 888-929-5292. Our law firm has extensive experience in representing criminal cases throughout Maricopa County, and our goal is to make a difference for each and every one of our clients. If you have more questions about your Arizona criminal case, request a copy of our free book, Arizona Criminal Law - What You Must Know.
I already have been in contact with a birth mother regarding a potential adoption in Arizona, but does the birth father also have rights?
The birth father does have rights when it comes to Arizona adoption. In fact, birth fathers have many of the same rights as birth mothers. For the most part, if the father is known, attempts must be made to notify him. If he is contacted, he also must have the opportunity to consent to the adoption placement.
Arizona has a "putative father registry" for birth fathers. This allows a birth father to register his claim of paternity and receive notification of adoption proceedings while protecting the security of the adoption. A birth father who registers before the birth or within the 30 days after the birth has the right to be notified of any adoption-related judicial hearing.
If you are seeking adoption in Arizona and have questions about how the birth father may affect your case, contact a Maricopa family law attorney with Curry, Pearson & Wooten today at 1-888-929-5292.
For answers to other questions, see our FREE book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
During our marriage, my spouse constantly paid for expensive items with the credit card and took out payday loans. Will I be responsible for his poor choices after the divorce, even though I didn't spend the money?
Unfortunately, it's possible that you will be held responsible for your husband's debts if they were incurred during the time you were married. Arizona is a community property state, which affects things like credit card debt or loans. The debt incurred by either spouse during a marriage is considered "community debt", and in the event of a divorce, the responsibility is divided equitably between both parties.
There are some exceptions, however, and a debt may be assigned to only one spouse by the court under particular circumstances. The problem is that the creditors waiting to get paid are not legally required to only go after the spouse the court has assigned to the debt. These institutions have a legal right to continue to pursue both individuals for payments.
Dividing property and debt is one of the most difficult parts of an Arizona divorce case. If you have questions about community property or community debt, please don't hesitate to contact one of our compassionate Phoenix divorce lawyers by calling 1-888-929-5292 today. We understand that divorce is never easy, and we are prepared to treat you with respect and dignity while answering your questions honestly. If you'd like to learn a little more about Arizona family law, we will send you a completely FREE copy of our book, Arizona Family Law - How to Handle Tough Issues in Tough Times.
My son was arrested in Arizona, and he's only 15. He'll definitely go through the juvenile court system, right?
It's a common misconception that all minors will be tried in juvenile court. Although the AZ juvenile court system was designed to handle minors under the age of 18, it's not always as simple as that. For example, minors under the age of seven are not usually tried at all, although you may be held liable as a parent. And some minors may be transferred into the adult court system and tried as an adult, depending on considerations such as the severity of the crime and the appearance of the minor when speaking with the judge. In fact, it is becoming increasingly common for judges to transfer minors between the ages of 15 and 18 to the adult court system.
If you aren't sure what to expect in your child's Arizona juvenile offense case, contact a Phoenix criminal defense lawyer as soon as possible. Give us a call today at 1-888-929-5292 or 602-258-1000. We want to help you understand your child's rights so that you can better protect his or her future.