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http://triallawyersaz.com http://triallawyersaz.com Flagstaff, Arizona Law Firm Fri, 20 Mar 2015 22:04:08 +0000 en-US hourly 1 http://wordpress.org/?v=4.1.19 What Is the Difference Between Assault and Battery? http://triallawyersaz.com/difference-assault-battery/ http://triallawyersaz.com/difference-assault-battery/#comments Fri, 30 Jan 2015 19:46:42 +0000 http://triallawyersaz.com/?p=2728 It is often incorrectly assumed that assault and battery are the same charge. In fact, assault is defined as an act that threatens harm along with the ability to carry out the threat. You don’t have to cause physical harm to the victim in order to be charged with assault. Battery is the actual striking […]

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assault and battery

It is often incorrectly assumed that assault and battery are the same charge. In fact, assault is defined as an act that threatens harm along with the ability to carry out the threat. You don’t have to cause physical harm to the victim in order to be charged with assault. Battery is the actual striking or touching of another individual with the intention of committing harm.

Assault is a crime that can be carried out in the heat of the moment when emotions are running high. As there is not always physical injury involved in an assault, it can often be difficult to prove. Therefore, if you are charged with assault in Arizona, get in touch with The Law Offices of Gonzales & Poirier, and we will fight your case aggressively and effectively.

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Medication Error Malpractice http://triallawyersaz.com/medication-error-malpractice/ http://triallawyersaz.com/medication-error-malpractice/#comments Thu, 29 Jan 2015 18:18:42 +0000 http://triallawyersaz.com/?p=2654 What Is a Medication Error? According to the U.S. Food and Drug Administration, a medication error is “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer.” Such errors are among the most common causes […]

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medication error malpractice

What Is a Medication Error?

According to the U.S. Food and Drug Administration, a medication error is “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer.” Such errors are among the most common causes of medical malpractice injuries and deaths in the country, harming more than 1.5 million Americans each year. In fact, these errors happen so frequently that the cost of treating medication-related injuries reaches $3.5 billion annually — a figure that doesn’t even account for a patient’s lost wages or additional medical costs.

Unfortunately, medication errors can happen at any stage of your treatment — including at home — and it’s often the most common medications that carry the greatest risks. For example, insulin is used by more than 6 million diabetes sufferers in the nation, yet it remains the most common prescription associated with medication errors. Pain relievers like morphine, codeine, and Vicodin also carry a high risk of medication errors — especially overdoses — in hospitals and in patients’ homes.

Vitamins and over-the-counter medications found in most medicine cabinets can also contribute to a lethal medication error. Failure to inform you of the risks of a prescription can have lethal consequences at home. Neglecting to explain a medication’s contraindications — such as the fatal hemorrhage risk of mixing blood thinners like Heparin with a pain reliever like Advil — is just one example of a medication error that may be easily overlooked by a hurried doctor.

When it comes to medication errors, even the best-case scenarios are grim. The smallest mistake — like missing a decimal point on a prescription’s dosage — can cause permanent damage or even death. Other consequences of medication errors can include long-term disability, astronomical medical bills, and a diminished quality of life.

Medication Error Cases in Arizona

Medical malpractice cases are difficult to file in any state, but in Arizona, these difficulties are compounded by laws intended to reduce so-called frivolous lawsuits. When you file a medical malpractice case in Arizona, the filer must certify “whether or not expert opinion testimony is necessary to prove the health care professional’s standard of care or liability for the claim.” In layman’s terms, unless the error is glaringly obvious, the burden falls on the injured party to hire an expert witness who can tell the judge what good care should look like and prove that the defendant violated this standard of care.

Your expert witness can’t be just any doctor, however. The expert witness must be actively practicing in the defendant’s field or employed as a professor of medicine in the defendant’s specialty. Finding such an expert can be confusing, time-consuming, and emotionally draining for a plaintiff, who may still be suffering from the physical and financial effects of the medication error that started the case to begin with. Even with an expert at hand, you still have to contend with the complicated issues of contributory negligence and joint or severable liability.

Since there is no monetary limit in medical malpractice claims, doctors and hospitals do everything in their power to lessen their accountability. With so much at stake, you can be sure that the defendant in your case will have a retinue of skilled attorneys on hand to protect them. It’s only right that you, the injured party, should receive the same standard of legal aid.

The disturbing truth is that medication errors are often not reported to the patient or family members, especially in a hospital setting. In fact, a study released in 2012 found that families were informed of a medication error in less than 2 percent of hospital cases. If you suspect a medication error has been made, it’s essential to consult professional legal counsel, which can help you find out the truth.

At the Law Offices of Gonzales & Poirier, we understand the unique difficulties that victims of medication errors face. Our compassionate Flagstaff malpractice attorneys have helped countless plaintiffs like you recover medical costs and lost wages to help get their lives back to normal. While no settlement amount can reverse the consequences of a medication error, our medical malpractice lawyers will do everything possible to help you receive the compensation that is rightfully yours.

Common Causes of Medication Error Malpractice:

  • Drug name confusion
  • Prescription labeling errors
  • Faulty medication pumps
  • Drug interactions
  • Misinterpreted handwriting on prescriptions
  • Dosage errors
  • Incorrect administration methods
  • Compound mixing errors
  • Incorrect medication substitutions
  • Contaminated medical equipment
  • Failure to prescribe necessary medication
  • Misleading directions for use
  • Failure to disclose contraindications
  • Failure to disclose side effects

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Sexual Assault http://triallawyersaz.com/sexual-assault/ http://triallawyersaz.com/sexual-assault/#comments Thu, 22 Jan 2015 21:15:41 +0000 http://triallawyersaz.com/?p=2672 Also known as ‘rape’, this crime is committed when a person engages in oral sexual contact or sexual intercourse without the permission of the other individual. This is one of the most serious sex crimes in Arizona and can lead to decades in prison in certain cases.

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sexual assault

Also known as ‘rape’, this crime is committed when a person engages in oral sexual contact or sexual intercourse without the permission of the other individual. This is one of the most serious sex crimes in Arizona and can lead to decades in prison in certain cases.

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How Ambien Puts You Under the Influence http://triallawyersaz.com/ambien-puts-influence/ http://triallawyersaz.com/ambien-puts-influence/#comments Tue, 20 Jan 2015 16:27:06 +0000 http://triallawyersaz.com/?p=2642 Ambien, also known by its generic name, Zolpidem, acts as a central nervous system (CNS) depressant. When you take Ambien, your brain activity slows down, allowing insomnia sufferers to get some much needed sleep. However, drugs that act as CNS depressants can have some serious side effects in regard to your memory and motor function. […]

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Ambien DUI

Ambien, also known by its generic name, Zolpidem, acts as a central nervous system (CNS) depressant. When you take Ambien, your brain activity slows down, allowing insomnia sufferers to get some much needed sleep. However, drugs that act as CNS depressants can have some serious side effects in regard to your memory and motor function. When brain activity is slowed down due to a CNS depressant, the parts of your brain responsible for memory, motor skills, and decision-making are slowed down too.

Combined with the changes in your brain during sleep — or worse, when taken with another depressant, like alcohol — this drug can lead you to engage in dangerous behavior that you may not even be aware of and will likely not remember in the morning.

Sleep walking, sleep eating, and even sleep sex are not uncommon side effects of Ambien, but unfortunately, these sleep behaviors don’t end there. Some insomnia sufferers taking Ambien wake up behind the wheel of a car with police lights flashing in the rearview mirror. “Sleep drivers” perform the complex task of driving while in a half-conscious state between sleeping and waking. Motor function impairment makes sleep driving incredibly dangerous. Sleep drivers are often discovered running into parked cars or driving the wrong way on one-way roads and freeways. Some sleep drivers are even completely unconscious when this behavior occurs.

Sleep drivers charged with driving under the influence often ask, “How can I be held responsible for a DUI when I didn’t even know what I was doing?” That’s a complex question with answers that vary depending on the exact details of your case. In Arizona, voluntarily taking a substance that impairs your ability to drive — even if you didn’t intend to get behind the wheel — makes you accountable for a DUI, despite being unable to remember it later.

The second question sleep drivers ask is, “How can I get in trouble for taking a medication prescribed by my doctor?” While other states limit DUI charges to illicit substances and alcohol, Arizona does not make such a distinction. In fact, Zolpidem is specifically listed as a “dangerous drug” by statute 13-3401. Any amount of Zolpidem in your system puts you legally under the influence of a dangerous substance. This law makes it difficult to defend yourself against DUI charges without legal counsel, even when you’re simply following your doctor’s orders.

That being said, you can still fight Ambien DUI charges — and win your case. A defense attorney with experience trying Ambien DUI cases can help you develop a case that may limit the consequences of this type of charge. The fact that the U.S. Food and Drug Administration recently recommended lowering doses is also an asset to defendants, as judges increasingly become aware of the involuntary risks of this drug. Courts are also increasingly marking the distinction between amnesia and unconsciousness while driving under the influence. Amnesia implies that the driver was aware of his or her actions and later forgot, while unconscious drivers took the wheel without any awareness or control of his or her behavior and therefore can’t be held entirely responsible.

Other Ambien DUI cases arise when law enforcement officers order a urine or blood test to establish whether or not a driver was under the influence. If this test reveals any amount of Ambien, you may still receive a DUI, even if you’re not impaired. However, legal precedent has recently tipped in favor of the driver in these situations. In a recent Arizona case, a medical expert informed the court that although the DUI defendant had an involuntary eye-jerk reaction during a sobriety test, Ambien could cause this eye dysfunction without causing any driving impairment.

Each Flagstaff DUI attorney at the Law Offices of Gonzales & Poirier has a high-level understanding of the unique issues associated with Ambien DUI cases. If you’ve been charged with an Ambien-related DUI that you may not even remember, contact our office to find out how we can help you achieve the most beneficial outcome for your case.

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Is Burglary the Same as Theft? http://triallawyersaz.com/burglary-theft/ http://triallawyersaz.com/burglary-theft/#comments Sun, 18 Jan 2015 18:09:56 +0000 http://triallawyersaz.com/?p=2715 While there may be an element of theft involved in a burglary, Arizona state law does not use the terms interchangeably. Burglary can simply involve unlawful entry of a commercial or residential structure without actually stealing any possessions. Theft, on the other hand, must involve the actual taking of property. Burglary relates specifically to buildings, […]

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burglary-theft

While there may be an element of theft involved in a burglary, Arizona state law does not use the terms interchangeably. Burglary can simply involve unlawful entry of a commercial or residential structure without actually stealing any possessions. Theft, on the other hand, must involve the actual taking of property. Burglary relates specifically to buildings, such as commercial properties or houses (and vehicles in certain cases).

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Indecent Exposure http://triallawyersaz.com/indecent-exposure/ http://triallawyersaz.com/indecent-exposure/#comments Wed, 14 Jan 2015 21:08:54 +0000 http://triallawyersaz.com/?p=2670 This relates to a person who exposes his/her genitals or anus and when a female exposes the nipple or areola of her breast in the presence of another person without regard for how that individual perceives the act. If the person who witnessed the crime is under the age of 15, the defendant can be […]

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indecent exposure

This relates to a person who exposes his/her genitals or anus and when a female exposes the nipple or areola of her breast in the presence of another person without regard for how that individual perceives the act. If the person who witnessed the crime is under the age of 15, the defendant can be charged with a class 6 felony.

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What Are the Common Defenses for Burglary? http://triallawyersaz.com/common-defenses-burglary/ http://triallawyersaz.com/common-defenses-burglary/#comments Tue, 13 Jan 2015 17:30:10 +0000 http://triallawyersaz.com/?p=2710 A skilled team of attorneys has an array of possible defenses, depending on the circumstances of the case. For example, it could be proven that you were lawfully entitled to enter the premises. Another defense is to show you had no intention of committing a crime; you may have mistakenly entered the wrong building, or […]

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burglary-defense

A skilled team of attorneys has an array of possible defenses, depending on the circumstances of the case. For example, it could be proven that you were lawfully entitled to enter the premises. Another defense is to show you had no intention of committing a crime; you may have mistakenly entered the wrong building, or you were forced to commit the crime. Therefore, if you committed a burglary while being threatened, this can be used as a defense.

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Are There Other Assault Charges? http://triallawyersaz.com/assault-charges/ http://triallawyersaz.com/assault-charges/#comments Mon, 12 Jan 2015 19:39:57 +0000 http://triallawyersaz.com/?p=2725 Yes. Threatening or intimidating someone also falls under the assault umbrella in the state of Arizona. If you threaten to harm someone or their property, you could be charged with a class 1 misdemeanor. If this threat relates to gang recruitment or activity, you can be charged with a class 3 felony, which has a […]

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assault charges

Yes. Threatening or intimidating someone also falls under the assault umbrella in the state of Arizona. If you threaten to harm someone or their property, you could be charged with a class 1 misdemeanor. If this threat relates to gang recruitment or activity, you can be charged with a class 3 felony, which has a possible jail term of 3.5 years.

Putting someone at risk of death or injury is known as endangerment. In this case, only the risk of injury needs to be present. A misdemeanor charge relates to any act that causes risk of injury and has a potential 12-month prison sentence. A felony charge involves imminent risk of death. Although this also has a typical 12-month sentence, the charge is more serious when it comes to your criminal record.

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What Are the Tools of Burglary? http://triallawyersaz.com/tools-burglary/ http://triallawyersaz.com/tools-burglary/#comments Fri, 09 Jan 2015 01:07:31 +0000 http://triallawyersaz.com/?p=2705 If you are caught with the tools of burglary, the prosecution will try to prove you had intent to commit the crime. These tools can include a pry bar to force open locks or a master key that helps you unlock doors. It is possible to be sent to prison when found in possession of […]

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burglary tools

If you are caught with the tools of burglary, the prosecution will try to prove you had intent to commit the crime. These tools can include a pry bar to force open locks or a master key that helps you unlock doors. It is possible to be sent to prison when found in possession of these tools even if you never actually attempted the crime of burglary, because the intention is clear.

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What Are the Penalties for a Burglary Conviction? http://triallawyersaz.com/penalties-burglary-conviction/ http://triallawyersaz.com/penalties-burglary-conviction/#comments Sat, 03 Jan 2015 19:37:46 +0000 http://triallawyersaz.com/?p=2697 None of the classifications are minor charges, as they are all considered felonies. Third-degree burglary is a class 4 felony with a minimum 18-month jail term. Second-degree burglary is a class 3 felony with a minimum 30-month jail term. First-degree burglary is a class 2 felony with a minimum sentence of four years when committed […]

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burglary penalties

None of the classifications are minor charges, as they are all considered felonies. Third-degree burglary is a class 4 felony with a minimum 18-month jail term. Second-degree burglary is a class 3 felony with a minimum 30-month jail term.

First-degree burglary is a class 2 felony with a minimum sentence of four years when committed against a residential structure. When the premises is nonresidential or a fenced-in area, it is a class 3 felony with a minimum 30-month prison term. In severe cases, you could be sentenced to 10 years for first-degree burglary. In certain cases, being caught in possession of the tools of burglary is deemed to be a class 6 felony and can result in a minimum four-month jail sentence.

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Solicitation of Prostitution http://triallawyersaz.com/solicitation-prostitution/ http://triallawyersaz.com/solicitation-prostitution/#comments Sat, 03 Jan 2015 19:18:19 +0000 http://triallawyersaz.com/?p=2664 This relates to anyone who offers either money or something else of value as a means of getting someone to engage in a sexual act with them. Typically, you can expect to receive a mandatory prison sentence of 15 days if found guilty of a first offence.

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guy caught cheating

This relates to anyone who offers either money or something else of value as a means of getting someone to engage in a sexual act with them. Typically, you can expect to receive a mandatory prison sentence of 15 days if found guilty of a first offence.

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Public Sexual Indecency http://triallawyersaz.com/public-sexual-indecency/ http://triallawyersaz.com/public-sexual-indecency/#comments Tue, 23 Dec 2014 19:34:56 +0000 http://triallawyersaz.com/?p=2668 This occurs when a person intentionally engages in sexual contact , bestiality or oral sexual contact in the presence of another individual in a manner which suggests the defendant is reckless about whether the other party is alarmed or offended by this act. If the witness is under the age of 15, this crime is […]

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public sexual indecency

This occurs when a person intentionally engages in sexual contact , bestiality or oral sexual contact in the presence of another individual in a manner which suggests the defendant is reckless about whether the other party is alarmed or offended by this act. If the witness is under the age of 15, this crime is classified as a class 5 felony.

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The Risks of DUI Without Driving http://triallawyersaz.com/risks-dui-without-driving/ http://triallawyersaz.com/risks-dui-without-driving/#comments Sat, 20 Dec 2014 21:42:11 +0000 http://triallawyersaz.com/?p=2637 In many states, those accused of driving under the influence can face severe legal penalties. For most individuals, being accused of driving under the influence usually conjures up the notion that driving a vehicle must be involved. However, like many states, Arizona has altered its DUI laws. Now, to be guilty of a DUI, you […]

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dui-without-driving

In many states, those accused of driving under the influence can face severe legal penalties. For most individuals, being accused of driving under the influence usually conjures up the notion that driving a vehicle must be involved. However, like many states, Arizona has altered its DUI laws. Now, to be guilty of a DUI, you only need to be “controlling” a vehicle. To protect your interests, it is important to understand what constitutes a DUI and the risks involved in being accused of a DUI. So our staff of DUI lawyers in Flagstaff, Arizona, help explain.

The Non-Driving DUI

Under Arizona Revised Statute 28-1381, to be accused of a DUI, you need to only be in “actual physical control of a vehicle” while intoxicated. The source of intoxication can be liquor, drugs, a vapor-releasing object containing a toxic substance, or any combination of these substances. The main issue with the element of “control” is that the state of Arizona has had some difficulty in defining exactly what “controlling” a vehicle means.

In a recent Arizona Supreme Court decision in State v. Zaragoza, the court attempted to clarify the statute. In the decision, the court identified that a person’s intent in regard to driving the vehicle is irrelevant. The relevant element is whether there is actual and imminent danger to the driver or to others while the person is in control of the vehicle. Other important considerations are whether the car was running, the radio was on, the keys were in the ignition, the heater or air conditioner was running, and if the driver’s seat was reclined. Overall, the court will typically examine all of the facts to determine whether you were in control of the vehicle.

The Legal Risks of a DUI

Those accused of a standard DUI often face severe legal consequences if found guilty. You face penalties from both the Arizona Department of Motor Vehicles and Arizona’s criminal court. The most likely immediate consequences are license suspension and hefty fines. In terms of legal consequences in criminal court, standard DUIs can lead to 10 days in jail, a fine of up to $1,250, required alcohol screening, community service, and an ignition interlock device.

The legal risks of a DUI increase if you are found guilty of an extreme DUI. According to Arizona Revised Statute 28-1381, an extreme DUI is when you have a blood alcohol level above .15. The penalties for this type of DUI include at least 90 days in jail, a fine of $3,000, driver’s license revocation for 12 months, completion of a drug and alcohol screening program, community service, and an ignition interlock. Another significant factor in terms of legal risk is whether the DUI is your first or second offense. If the DUI is a second offense, the legal risks increase.

Summary

If you have been accused of a DUI, getting the right legal support is crucial to your case. A Flagstaff DUI attorney will be able to analyze your case and help you avoid the severe legal consequences involved in being found guilty of a DUI. If you are looking for a DUI lawyer in the Flagstaff or Northern Arizona area, then the law firm of Gonzales & Poirier can provide you with the legal support you need. With our

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What Are the Possible Penalties for Assault? http://triallawyersaz.com/possible-penalties-assault/ http://triallawyersaz.com/possible-penalties-assault/#comments Sat, 20 Dec 2014 19:32:27 +0000 http://triallawyersaz.com/?p=2721 There is a class 1, class 2, and class 3 misdemeanor assault charge with punishments ranging from one to six months in prison and fines ranging from $500 to $2,500. Typically, aggravated assault results in a class 3 felony charge and could lead to a minimum prison sentence of five years, though this could rise […]

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assault penalties

There is a class 1, class 2, and class 3 misdemeanor assault charge with punishments ranging from one to six months in prison and fines ranging from $500 to $2,500. Typically, aggravated assault results in a class 3 felony charge and could lead to a minimum prison sentence of five years, though this could rise to 15 years depending on the circumstances. This is for your first conviction; subsequent convictions for aggravated assault could lead to an increased sentence, up to 25 years if it’s your third offense.

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What Are the Classifications of Burglary in Arizona? http://triallawyersaz.com/classifications-burglary-arizona/ http://triallawyersaz.com/classifications-burglary-arizona/#comments Fri, 19 Dec 2014 18:36:51 +0000 http://triallawyersaz.com/?p=2694 Burglary is given one of three classifications in Arizona: Third-degree: unlawful entry into nonresidential structures, fenced-in areas, or vehicles (with the tools of burglary) with the intent to commit a theft or felony. Second-degree: unlawful entry into residential structures with the goal of theft or committing a felony. First-degree: either of the above classifications when […]

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burglary classifications

Burglary is given one of three classifications in Arizona:

  • Third-degree: unlawful entry into nonresidential structures, fenced-in areas, or vehicles (with the tools of burglary) with the intent to commit a theft or felony.
  • Second-degree: unlawful entry into residential structures with the goal of theft or committing a felony.
  • First-degree: either of the above classifications when using a deadly weapon.

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The Dangers of Misdiagnosis http://triallawyersaz.com/dangers-misdiagnosis/ http://triallawyersaz.com/dangers-misdiagnosis/#comments Thu, 18 Dec 2014 21:16:41 +0000 http://triallawyersaz.com/?p=2632 Receiving medical care from a medical professional is meant to be a safe and positive experience. However, according to the National Center for Policy Analysis, an estimated 10 to 20 percent of cases are misdiagnosed, and a large percentage of these diagnostic errors are life-threatening. Another common problem is delayed diagnosis. Each of these categories […]

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medical-malpractice

Receiving medical care from a medical professional is meant to be a safe and positive experience. However, according to the National Center for Policy Analysis, an estimated 10 to 20 percent of cases are misdiagnosed, and a large percentage of these diagnostic errors are life-threatening. Another common problem is delayed diagnosis. Each of these categories is characterized as medical negligence. In and around Flagstaff, medical malpractice occurs when medical professionals fail to apply a standard of care in handling a client’s health needs, and they can be held legally liable for their actions. To help you better understand these issues, below is an overview of such failure to diagnose and delayed diagnosis.

Failure to Diagnose

When you visit your medical care professional, you are entrusting him or her with the responsibility to diagnose any medical issues you may have and provide you with adequate care. While there are some cases where a failure to diagnose is trivial, there are other cases where a medical care professional can be held liable. More serious instances include those that involve diabetes, cancer, and other commonly understood medical problems. The risks involved with misdiagnosis can include serious health implications and emotional distress.

Claims involving a failure to diagnose require the patient to prove three elements. The patient must prove the existence of a doctor-patient relationship, that the medical professional was negligent, and the negligence directly caused the patient harm. To help satisfy the burden of proof, expert witnesses are a highly valuable resource that may be used.

Delayed Diagnosis

Delayed diagnosis also accounts for a number of medical negligence claims. This type of issue occurs when a medical professional fails to correctly diagnose a serious medical condition. Typically, delayed diagnosis occurs due to negligence on behalf of the medical professional. The risks involved with delayed diagnosis are similar to a failure to diagnose. For instance, victims of delayed diagnosis can experience an injury or a stage of disease that would not have occurred had the medical professional diagnosed the disease in a timely manner. The most devastating consequences of a delayed diagnosis are severe physical consequences or even death. Similar to a failure to diagnose, the burden of proof lies with the plaintiff. The plaintiff must provide sufficient evidence that the medical professional’s negligence in delaying diagnosis caused a loss of chance or further injury.

Statute of Limitations in Arizona

Medical negligence claims are most effective when they are filed immediately after the injury or as early as possible because evidence of injury is often still clear. To help protect the interests of the parties and to curtail the need for expert testimony, Arizona Revised Statute 12-206 requires malpractice actions to be filed less than two years after the date of injury.

If you are the victim of medical negligence or a wrongful death, seeking the help of a legal professional at the onset of your injury is to your benefit. The Law Offices of Gonzales & Poirier are dedicated to providing you with the legal support you need, and our trustworthy Flagstaff malpractice lawyers serve the Northern Arizona area. Reaching out today can help you gain a better tomorrow.

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Sexual Conduct With A Minor http://triallawyersaz.com/sexual-conduct-minor/ http://triallawyersaz.com/sexual-conduct-minor/#comments Thu, 18 Dec 2014 18:53:00 +0000 http://triallawyersaz.com/?p=2660 This relates to anyone in Arizona who intentionally engages in sexual intercourse or oral sexual contact with any individual under the age of 18. ‘Sexual intercourse’ is defined as anything involving penetration. Sexual conduct with an individual aged 15-17 is deemed to be a class 6 felony while the same charge involving someone under the […]

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girl with doll

This relates to anyone in Arizona who intentionally engages in sexual intercourse or oral sexual contact with any individual under the age of 18. ‘Sexual intercourse’ is defined as anything involving penetration. Sexual conduct with an individual aged 15-17 is deemed to be a class 6 felony while the same charge involving someone under the age of 15 is a class 2 felony which carries a severe penalty.

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When Intimacy Gets Complicated http://triallawyersaz.com/intimacy-gets-complicated/ http://triallawyersaz.com/intimacy-gets-complicated/#comments Mon, 15 Dec 2014 18:45:22 +0000 http://triallawyersaz.com/?p=2622 Victims of sexual assault face devastating consequences for their ordeal. Oftentimes, victims struggle to regain a sense of physical and emotional security, and they can develop a range of disorders and depression. If you or someone you love has been the victim of sexual assault, then understanding how your state treats the crime against you […]

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assault

Victims of sexual assault face devastating consequences for their ordeal. Oftentimes, victims struggle to regain a sense of physical and emotional security, and they can develop a range of disorders and depression. If you or someone you love has been the victim of sexual assault, then understanding how your state treats the crime against you can help when it comes to seeking legal recourse. Every state tends to treat sexual assault differently by providing its own guidelines as to what constitutes sexual assault and what does not. If you have been the victim of sexual assault in the state of Arizona, below is an overview of what conditions constitute sexual assault.

Perpetrators of Sexual Assault

According to Arizona’s Sexual Violence Prevention and Education Program, the state has seen a rise in the total number of sexual assault arrest charges. In the past 10 years, there has been a 24 percent increase in sexual assault charges, which means that victims are gaining the empowerment and support they need to take the necessary legal recourse against their assailants. Current statistics also indicate that, unfortunately, two-thirds of assaults are committed by someone the victim knows. Furthermore, 44 percent of victims are under the age of 18, and 80 percent are under age 30.

In the state of Arizona, sexual assault is treated as a criminal offense. Under Arizona Revised Statutes 13-1406, sexual assault is a class 2 felony. First-time offenders can face a minimum of 5.25 years in prison and a maximum of 14 years in prison. Prior convictions warrant much more severe penalties, which typically lead to an increased prison sentence.

Intimacy or Sexual Assault

Differentiating between intimacy and sexual assault can be very difficult. However, there are two significant factors that affect whether an encounter is intimate or sexual assault. These factors are the victim’s consent and his or her age. First, an individual is a victim of sexual assault if the assailant knowingly engages in sexual intercourse or oral sexual conduct with them without their consent. The second instance, which involves age, is characterized as statutory rape if the victim is a minor under the age of 15 and the assailant is an adult.

The Burden of Proof

When it comes to cases of sexual assault, the burden of proof lies with the prosecution. The prosecution must provide evidence and witnesses to prove that the defendant committed a crime. One major difficulty that most courts and victims face is navigating this dilemma when alcohol is involved. Alcohol makes satisfying the burden of proof more difficult, because intoxication tends to cloud judgment and prevents parties from recounting the exact course of events that led to the assault.

Legal Recourse

If you or someone you love has been accused of or is the victim of sexual assault in the state of Arizona, the Law Offices of Gonzales and Poirier can provide you with the legal support you need. Our Flagstaff criminal law firm caters to clients throughout our community and the Northern Arizona area. We can help you navigate through this difficult period to help you get the justice you deserve.

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What Are the Definitions of Assault? http://triallawyersaz.com/definitions-assault/ http://triallawyersaz.com/definitions-assault/#comments Sun, 14 Dec 2014 18:23:42 +0000 http://triallawyersaz.com/?p=2717 Assault in Arizona is divided into two categories: Misdemeanor assault: Also known as simple assault, this charge requires you to cause physical injury to another individual “recklessly, knowingly, or intentionally;” deliberately place another person in fear or apprehension of physical injury; or deliberately or knowingly touch another individual with the goal of provoking, injuring, or […]

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assault definition

Assault in Arizona is divided into two categories:

  • Misdemeanor assault: Also known as simple assault, this charge requires you to cause physical injury to another individual “recklessly, knowingly, or intentionally;” deliberately place another person in fear or apprehension of physical injury; or deliberately or knowingly touch another individual with the goal of provoking, injuring, or insulting that person.
  • Aggravated assault: This is a more serious charge and involves a combination of misdemeanor assault and an additional factor, such as using a dangerous or deadly weapon, if the victim is a minor, if the victim is restrained, if you cause serious injury, or other factors.

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Arizona Criminal Probation Information & Details http://triallawyersaz.com/arizona-probation-details/ http://triallawyersaz.com/arizona-probation-details/#comments Fri, 24 Oct 2014 10:23:21 +0000 http://triallawyersaz.com/?p=2540 Supervised probation is ordered by judges in Arizona as an alternative to jail time, and it enables the convicted individual to remain within the community. It begins at the end of a prison term and allows the judge to issue a more lenient jail sentence. Supervised probation has three purposes: Ensures public safety. Offers rehabilitation […]

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Open Handcuffs

Supervised probation is ordered by judges in Arizona as an alternative to jail time, and it enables the convicted individual to remain within the community. It begins at the end of a prison term and allows the judge to issue a more lenient jail sentence. Supervised probation has three purposes:

  1. Ensures public safety.
  2. Offers rehabilitation to the offender.
  3. Ensures the court’s orders and requirements are met.

Supervised Probation Periods

The length of probation is at the judge’s discretion, though there are certain maximum limits to adhere to depending on the crime:

  • Class 2 felony: seven years.
  • Class 3 felony: five years.
  • Class 4 felony: four years.
  • Class 5 or 6 felony: three years.
  • Class 1 misdemeanor: three years – DUI convictions are an exception, with a five-year maximum.
  • Class 2 misdemeanor: two years.
  • Class 3 misdemeanor: one year.

In instances where the court has ruled that you must make economic restitution as part of the probation order, an extra 12 months can be added to the probation period if you have not met the court’s requirements.

What Happens During Probation?

Once the court imposes a sentence of supervised probation, a probation officer will be assigned to you, and he monitors and assists you. You may be ordered to pay fines, participate in substance abuse or counseling programs, abstain from alcohol, and submit to breathalyzer testing depending on the circumstances of your probation. Your probation officer will interview you and make the relevant arrangements before monitoring you to ensure the conditions of probation are met.

You are required to fully cooperate with the probation officer when it comes to adhering to the conditions of your probation. If you violate the terms of your probation, your officer can initiate a petition to revoke your probation and send you back to prison. He will testify against you in court as a witness during these proceedings.

Probation Violations

Violation of probation is a serious matter, and examples of this behavior include:

  • Failing a breathalyzer or urinalysis test.
  • Committing a new crime.
  • Possession of a firearm.
  • Consuming alcohol.
  • Failure to show up for mandatory appointments.

If your probation officer issues a petition to revoke probation, a warrant will be issued for your arrest immediately, and you will be arrested and held as non-bondable until the hearing has been completed. The term “non-bondable” means it is impossible for you to be bailed out.

It is also possible to have early termination of your probation once more than half of your allotted time has been completed. For this to happen, you will need the support of your probation officer.

If you have been in prison and are in danger of having your probation revoked or you wish to have it terminated early, you will need the help of qualified legal minds in Arizona. Contact The Law Offices of Gonzales & Poirier, and we can help you regain your freedom and ensure you get the opportunity to move on with your life.

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Arizona Restitution & Fines for Criminal Acts http://triallawyersaz.com/restitution-fines/ http://triallawyersaz.com/restitution-fines/#comments Mon, 13 Oct 2014 22:22:39 +0000 http://triallawyersaz.com/?p=2531 Once you have made a plea and have been found guilty of a violation, you are obligated to pay your fines on the day of sentencing. The fines handed out in Arizona are among the strictest in the country, and this can place a severe financial strain on you. If you have been charged with […]

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Court fines Arizona

Once you have made a plea and have been found guilty of a violation, you are obligated to pay your fines on the day of sentencing. The fines handed out in Arizona are among the strictest in the country, and this can place a severe financial strain on you.

If you have been charged with a crime and are worried about the financial impact of being found guilty, it is imperative to contact a knowledgeable Arizona attorney to help you win the case. The fees charged by attorneys are a fraction of what you can expect to pay with a guilty verdict.

Summary of Fines

  • Felonies: Because the sentences for felonies in Arizona are so severe, few defendants ever think about the financial consequences. However, it is possible for you to be forced to pay out up to $150,000 in fines; this is the case even for Class 6 felonies.
  • Misdemeanors: You can expect to pay up to $2,500 for a Class 1 offense, up to $750 for a Class 2 offense, and up to $500 for Class 3 offenses. If you are found guilty of a petty offense, the fine could be as much as $300.
  • Fines against enterprises: The fines are even stricter for enterprises, and your company could be fined up to $1 million for a felony offense. Class 1 misdemeanors can cost $20,000, Class 2 can cost $10,000, and Class 3 can cost $3,000.
  • Drug offenses: The fines for drug offenses are relatively lenient in Arizona, with a standard $750 fine in place for most offenses. Possession or manufacture of hash and concentrates can land you a $2,000 fine. On the flipside, prison sentences are extremely tough and range from four months for possession to 12.5 years for trafficking.
  • DUI: Given Arizona’s get-tough stance on DUI, it is no surprise that the financial penalties are harsh. The base fine for a first offense is $250 and is $750 for a third offense, but this doesn’t tell the full story. By the time you pay all the fines, bills, and insurance, the total cost of a DUI can rise to $10,000!

Civil Cases

If you are convicted in a criminal proceeding, you are unable to subsequently deny any civil case brought against you by the state or any victim of your crime as long as the aforementioned case contains the essential allegations of the criminal offense for which you were found guilty. Even if you are ordered to pay restitution during a criminal trial, this does not stop a victim of your crime from launching civil proceedings against you for damages. Civil cases can result in the award of huge sums of money.

Keep Your Bank Balance Intact!

If you are accused of a crime in Arizona and are brought to trial, hiring a reputable Arizona defense attorney could be the best investment you ever make. At The Law Offices of Gonzales & Poirier, we forensically examine all aspects of the case to increase your chances of success and help you avoid having to pay huge fines or civil court settlements.

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Arizona Product Liability Personal Injury Help http://triallawyersaz.com/arizona-product-liability-personal-injury-help/ http://triallawyersaz.com/arizona-product-liability-personal-injury-help/#comments Tue, 07 Oct 2014 03:24:45 +0000 http://triallawyersaz.com/?p=2494 Our law firm handles product liability claims where personal injury or death results from a defective product. A product may be defective by design, manufacturing, or for failing to warn of certain dangers. Manufacturers of dangerous products may be liable for injuries and if their conduct in producing the dangerous product was reckless, it may […]

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Man Using Circular Saw

Our law firm handles product liability claims where personal injury or death results from a defective product. A product may be defective by design, manufacturing, or for failing to warn of certain dangers. Manufacturers of dangerous products may be liable for injuries and if their conduct in producing the dangerous product was reckless, it may also be liable for punitive damages. We handle cases against automobile manufacturers and product makers of all types of dangerous and defective goods.

Are Product Manufacturers Responsible for Defective Merchandise?

Companies that manufacture products and the designers who create them are held responsible for unsafe merchandise that they produce. There is a duty of care that must be upheld and enforced by the legal system, if there is to be a level of standards used in the goods we buy and use daily. Because life altering injuries do occur due to defective products, the law has made it so that manufacturers can be sued for pain and suffering, medical bill reimbursement, and loss of work income.

Examples of common products that are recalled due to a faulty design, include the following:

  • Automobile parts, including tires, brakes, accelerators, and other safety aspects.
  • Airplane crashes due to faulty materials or parts.
  • Side effects from prescribed medications.
  • Toys made with small choke hazards or toxic chemicals.
  • Poorly tested cribs, strollers, and car seats.
  • Construction equipment, notably power tools with defects.

Why Hire Gonzales & Poirier to Handle My Defective Product Lawsuit?

The Law Offices of Gonzales & Poirier have a great deal of experience in defective product lawsuits and the expertise to negotiate top dollar settlements with insurance providers. If you want to be fully compensated for your injuries, including any lost wages, don’t try to deal with the guilty party’s insurance company alone. Call (855) 774-5400 to speak with a lawyer about your case complimentary, any time of day. Or click here to send an email correspondence.

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Arizona Truck & Semi-truck Accident Personal Injury Help http://triallawyersaz.com/arizona-truck-semi-truck-accident-personal-injury-help/ http://triallawyersaz.com/arizona-truck-semi-truck-accident-personal-injury-help/#comments Mon, 15 Sep 2014 00:00:59 +0000 http://triallawyersaz.com/?p=2484 Trucks and semi-trucks are massive vehicles often hauling tons of equipment and goods. When these vehicles are carelessly or recklessly operated, severe injury and death can occur. Truck accidents often happen because the truck is carrying an unsafe load, poorly maintained, driving at an excessive speed, or operated by a fatigued or impaired driver. Because […]

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Truck About to Hit Car

Trucks and semi-trucks are massive vehicles often hauling tons of equipment and goods. When these vehicles are carelessly or recklessly operated, severe injury and death can occur. Truck accidents often happen because the truck is carrying an unsafe load, poorly maintained, driving at an excessive speed, or operated by a fatigued or impaired driver. Because of their nature and size, trucks are also prone to rollovers and jack-knifing, which can cause an inordinate amount of damage and injury to surrounding motorists and pedestrians.

Stats On Trucking Accidents in Arizona

The numbers associated with trucking-related accidents is quite alarming. In 2012, Arizona experienced right around 11,000 truck-related accidents and of these, just under 100 people lost their lives and 3,200 others were injured. These figures break down to an estimated 30 truck-related accidents taking place on a daily basis across the state and an eye-opening two lives lost per week.

  • 11,000 truck-related accidents in 2008
  • Over 100 deaths occurred due to truck-related accidents in 2008
  • Approximately 3,200 injuries occurred due to truck-related accidents
  • Every day there are approximately 30 truck-related accidents
  • Each week, two people lose their lives due to truck-related accidents
  • There are over 430,000 licensed commercial vehicles.

Why Hire Gonzales & Poirier for My Truck-related Injury Case?

At the Law Offices of Gonzales & Poirier, PLLC, we are experienced accident injury lawyers that have a wealth of experience working with the other guy’s insurance company. We won’t settle for any less that the full compensation you deserve. We’ll aggressively seek compensation for loss of work, pain and suffering, and medical expenses. Don’t deal with the insurance company on your own, allow our personal injury lawyers to take the reigns on your case today! Please call (855) 774-5400 or click here to contact our law office now.

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Consequences for Arizona DUI Conviction http://triallawyersaz.com/consequences-arizona-dui-conviction/ http://triallawyersaz.com/consequences-arizona-dui-conviction/#comments Thu, 11 Sep 2014 15:01:30 +0000 http://triallawyersaz.com/?p=2500 In Arizona, you may be charged with varying degrees of DUI offenses depending on the level of your blood alcohol content. These charges are categorized as follows: Driving While Impaired to the Slightest Degree This is a class 1 misdemeanor and codified in A.R.S. 28-1381(A)(1). This offense takes place if a driver is at all […]

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Person Drinking & Driving

In Arizona, you may be charged with varying degrees of DUI offenses depending on the level of your blood alcohol content. These charges are categorized as follows:

Driving While Impaired to the Slightest Degree

This is a class 1 misdemeanor and codified in A.R.S. 28-1381(A)(1). This offense takes place if a driver is at all impaired. Though many believe that 0.08 is the legal blood alcohol concentration limit, they might be surprised to learn that an individual with a BAC lower than 0.08 can be charged with a DUI. Furthermore, an individual need not have consumed any alcohol, but might also be charged with a DUI impaired to the slightest degree if under the influence of some other substance. Persons guilty of this offense are subject to the following penalties: a minimum sentence of 10 days in jail, a minimum fine of $250, possible restitution, two additional fees of $500 each, and the installation of an ignition interlock device on the defendant’s vehicle. As far as DUI related offenses go, this charge is the most common and if you or someone you know is charged with a greater DUI offense, they will most likely be charged with this offense as well.

DUI Blood Alcohol Content (BAC) Above 0.08 Percent

Also a class 1 misdemeanor, A.R.S. 28-1381(A) states that an individual may be convicted of a DUI “If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.” However, this offense is not limited to these circumstances, as this statute provides that an individual may be convicted of DUI if the defendant is driving while under the influence of any intoxicating liquor, drug, or vapor releasing substance; or if the vehicle driven at the time of the offense requires a commercial driver’s license and that driver’s BAC is above 0.04. Persons guilty of this offense are subject to a minimum sentence of 10 days in jail, a fine of $250, community restitution, two additional fees of $500 each, and the installation of an ignition interlock device.

Arizona Extreme DUI

Also a class 1 misdemeanor, this offense is codified in A.R.S. 28-1382 which states, “It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: (1) 0.15 or more but less than 0.20 (2) 0.20 or more.” Persons guilty of this offense are subject to the following penalties: a minimum jail sentence of 30 days, a fine of $250, an additional fee of $250, payment of restitution, installation of an ignition interlock device, and an additional fee of $1,000.

Arizona Aggravated / Felony DUI

Codified in A.R.S. 28-1383, this offense is classified as either a class 4 or class 6 felony, depending on the elements of the offense. This statute states “A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following: 1. Commits a violation of section 28-1381, section 28-1382, or this section while the person’s driver license or privilege to drive is suspended, canceled, revoked, or refused or while a restriction is placed on the person’s driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385. 2. Within a period of 84 months commits a third or subsequent violation of section 28-1381, section 28-1382, or this section or is convicted of a violation of section 28-1381, section 28-1382, or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382, or this section; or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382, or this section. 3. While a person under 15 years of age is in the vehicle, commits a violation of either: (a) Section 28-1381. (b) Section 28-1382. 4. While the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, commits a violation of section 28-1381, section 28-1382, or this section.” Persons convicted of this offense are subject to the following penalties: a minimum sentence of 4 months in the Arizona Department of Correction, a maximum jail time of 2.5 years, mandatory drug/alcohol screening and any applicable counseling, a minimum fine of $750, an additional fee of $250, an additional fee of $1500, a three-year license revocation, and the installation of an ignition interlock device.

Further Information About Arizona DUIs

If an additional offense is committed within a specific time period of the original offense, any sentences, fees, or other penalties will become significantly greater. For instance, if someone who has been convicted of either DUI above 0.08 or DUI to the slightest degree is convicted of a second offense within a period of 84 months of the original offense, the defendant is subject to a minimum sentence of 120 days in jail, a fine of $250, 30 hours of community restitution, a revocation of driving privileges for at least one year, and two additional fees of $1,250 each.

Arizona DUI Representation

If you’ve been charged with DUI in Flagstaff, Arizona, take a moment to speak with experienced trial lawyers Gonzales & Poirier about your case. Our no-obligation consultation will help you to determine your legal situation and the possible consequences if convicted to the full extent of the law. Our lawyers aggressively negotiate with prosecutors; fighting to get your charges reduced or dismissed altogether. Please call (855) 774-5400 or click here to schedule a meeting today.

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Arizona Premises Slip & Fall Accident Personal Injury Help http://triallawyersaz.com/premises-slip-fall-accident-personal-injury-help/ http://triallawyersaz.com/premises-slip-fall-accident-personal-injury-help/#comments Tue, 09 Sep 2014 23:28:18 +0000 http://triallawyersaz.com/?p=2477 Slip and fall, also referred to as trip and fall, accidents often occur because a property owner has failed to maintain his or her premises to the standard required by law. These failures can lead to serious and permanent personal injuries, including broken bones, joint injuries, neck and back injuries, plus an array of other […]

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Caution Wet Floor Warning

Slip and fall, also referred to as trip and fall, accidents often occur because a property owner has failed to maintain his or her premises to the standard required by law. These failures can lead to serious and permanent personal injuries, including broken bones, joint injuries, neck and back injuries, plus an array of other injuries throughout the body.

Most Common Types of Slip & Fall Accidents in Arizona

Like all accidents, slip and falls happen at a moment’s notice and in every different place; at all times of day. Some of the most popular venues or locations where slipping and falling accidents take place include the following:

  • At your place of work
  • Sports arenas and stadiums
  • Retail stores
  • Ice covered steps or sidewalks
  • In a place of business
  • Inside someone’s home
  • Densely crowded public places
  • Concert halls and music festivals

Why Hire Gonzales & Poirier for My Slip & Fall Case?

At the Law Offices of Gonzales & Poirier, PLLC, we have a great deal of experience working with slip and fall (trip and fall) accidents that occur in a variety of locations, including stairwells, parking lots, restaurants, shopping centers, sidewalks, general stores, and many more. To speak with an attorney about your personal injury case, please contact our law firm today.

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Arizona Negligent Homicide Charge Penalties http://triallawyersaz.com/arizona-negligent-homicide-charge-penalties/ http://triallawyersaz.com/arizona-negligent-homicide-charge-penalties/#comments Tue, 09 Sep 2014 17:06:59 +0000 http://triallawyersaz.com/?p=2403 Call (855) 774-5400 Immediately if Charged with Homicide in Flagstaff, Arizona You can be convicted of negligent homicide if you are found to have caused the death of another person through criminal negligence; this includes an unborn child. It is a Class 4 felony and can be punished by up to three years in prison. […]

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Call (855) 774-5400 Immediately if Charged with Homicide in Flagstaff, Arizona

Scales of Justice Statue

You can be convicted of negligent homicide if you are found to have caused the death of another person through criminal negligence; this includes an unborn child. It is a Class 4 felony and can be punished by up to three years in prison.

Is Vehicular Manslaughter a Form of Negligent Homicide?

Vehicular manslaughter can also be classified as a form of negligent homicide as it involves causing death through reckless conduct. This is a Class 2 felony with a five- to 10-year jail term for the usual punishment, though it can rise to 12.5 years in some cases.

Arizona Negligent Homicide Information

According to Arizona State Legislator, negligent homicide can be classified as the following:

  1. When an individual is responsible for the death of another, including an unborn infant, due to criminal negligence.

If committed of the negligent homicide of an unborn child, one will not be prosecuted if the following applies:

  • An abortion with the consent of the woman carrying the baby or a person authorized by law to act on the pregnant woman’s behalf.
  • Medical treatment was being performed on the woman carrying the baby or the unborn infant.
  • The individual was the unborn infant’s mother.
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      Call (855) 774-5400 Immediately if Involved in a Personal Injury Accident in Flagstaff, AZ

      Man Involved in a Car Crash

      Motor vehicle accidents are far too common an occurrence in Flagstaff, Arizona, particularly during the winter months. A car accident and the resulting personal injuries can have a devastating effect on the lives of the victims of the accident. Our car accident attorneys assist victims in obtaining compensation for their injuries. In order to best protect your rights, it is important that you contact an experienced personal injury attorney immediately after your accident.

      Can I Pay My Attorney Fees Based On the Result of the Lawsuit?

      Yes. Our firm handles most auto accident cases on a contingency fee basis. This means, you are not responsible for fees or costs if we do not obtain a recovery on your behalf. Many accident injury cases can be handled by our firm negotiating with the insurance company without having to file a lawsuit. We have many years of experience dealing with insurance adjusters and fighting for our clients rights. However, our attorneys are also experienced trial attorneys and are able and ready to protect your rights in court.

      As an auto accident client of ours, you will be assigned a case manager that will work closely with you and your attorney to handle the daily requirements of your case.

      What Information Do I Need to Obtain About My Accident?

      In order to best assist us in handling your case, it is important that you have the following information:

      1. The exact location of the accident.
      2. The direction the vehicle(s) were traveling.
      3. The insurance information of the person that caused the accident.
      4. Your insurance information.
      5. Medical treatment information.
      6. Traffic citation information.

      Please keep in mind that as a client, our firm will work closely with you to obtain any information you do not have, but it is important after any traffic accident to obtain as much information at the time of the crash as possible. Click here to read over Arizona’s Department of Transportation accident figures.

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      Arizona Aggravated Assault Charge Penalties http://triallawyersaz.com/arizona-aggravated-assault-charge-penalties/ http://triallawyersaz.com/arizona-aggravated-assault-charge-penalties/#comments Sun, 07 Sep 2014 17:16:07 +0000 http://triallawyersaz.com/?p=2446 Call (855) 774-5400 Immediately if Charged with Assault in Flagstaff, Arizona Aggravated assault can also be known as battery in some states and it is a serious offense that is classified as a Class 3 or Class 4 felony. In Arizona, What Causes an Elevated Aggravated Assault Charge? There are many circumstances that can cause […]

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      Call (855) 774-5400 Immediately if Charged with Assault in Flagstaff, Arizona

      Man Charged with Aggravated Assault

      Aggravated assault can also be known as battery in some states and it is a serious offense that is classified as a Class 3 or Class 4 felony.

      In Arizona, What Causes an Elevated Aggravated Assault Charge?

      There are many circumstances that can cause a regular assault charge to be elevated to aggravated assault including the use of a dangerous instrument or deadly weapon to place someone in fear or injury, causing serious physical injury and disfigurement, or a misdemeanor assault on a civil servant.

      An aggravated assault charge can result in a five- to 10-year prison sentence even on one’s first offense. The sentence can be as much as 25 years in prison for a third offense.

      How is Aggravated Assault Classified?

      There are many conditions that can allow for Arizona law enforcement to charge an individual with aggravated assault. The main infractions that can lead to this type of assault charge are detailed below.

      • Serious physical injury takes place.
      • Use of a deadly weapon or instrument.
      • Causing temporary or long-term disfigurement.
      • The assault occurs while the victim is bound or physically retained.
      • Assault is committed after entering a private home of another.
      • An adult committing assault on a minor.
      • The accused assaults an individual in violation of an order of protection.
      • Attempting to take a peace officer’s firearm or weapon being used by the officer.

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      Arizona Misdemeanor Assault Charges & Penalties http://triallawyersaz.com/arizona-misdemeanor-assault-charges-penalties/ http://triallawyersaz.com/arizona-misdemeanor-assault-charges-penalties/#comments Sun, 07 Sep 2014 17:14:43 +0000 http://triallawyersaz.com/?p=2440 Call (855) 774-5400 Immediately if Charged with Assault in Flagstaff, Arizona A regular assault in Arizona involves knowingly and recklessly causing physical harm to another person or touching another individual with the intent to injure, provoke, or insult. If the assault happens between two people who live together, it is known as domestic violence and […]

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      Call (855) 774-5400 Immediately if Charged with Assault in Flagstaff, Arizona

      Man Facing Domestic Violence Assault Charge

      A regular assault in Arizona involves knowingly and recklessly causing physical harm to another person or touching another individual with the intent to injure, provoke, or insult. If the assault happens between two people who live together, it is known as domestic violence and the guilty party (parties) will be charged accordingly.

      What are the Classifications of Assault in Arizona?

      There are three misdemeanor classes for regular assault:

      1. Class 1: The most serious charge where physical injury is caused. This can lead to six months in prison along with a 3 year probation period.
      2. Class 2: This includes the threat of injury and if convicted, you could spend up to four months in prison along with a 2 year probation period.
      3. Class 3: This includes touching with the intent to injure or provoke and could lead to a 30-day spell in prison along with 12 months probation.

      Why Did I Get Charged with Assault?

      If you conduct one or more of the following forms of assault, you can face the maximum sentence allotted by Arizona law. This is why it is imperative that you speak with an experienced trial attorney prior to fighting the charges on your own.

      • Causing physical injury to someone else – whether recklessly, intentionally, or knowing it some form or fashion that injury would result from a specific action.
      • Putting someone else in imminent danger with reasonable apprehension.
      • Injuring, insulting, or provoking someone else by knowingly touching him or her.

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      Arizona Threatening & Intimidating Charge Penalties http://triallawyersaz.com/arizona-threatening-intimidating-charge-penalties/ http://triallawyersaz.com/arizona-threatening-intimidating-charge-penalties/#comments Sun, 07 Sep 2014 05:15:45 +0000 http://triallawyersaz.com/?p=2429 Call (855) 774-5400 Immediately if Charged with Homicide in Flagstaff, Arizona If you threaten or intimidate an individual or their property you can be charged with a Class 1 misdemeanor in the State of Arizona. Threatening & Intimidating by a Gang Member in Arizona If the threat is made by a gang member or against […]

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      Call (855) 774-5400 Immediately if Charged with Homicide in Flagstaff, Arizona

      Man Charged with Threatening & Intimidating Assault

      If you threaten or intimidate an individual or their property you can be charged with a Class 1 misdemeanor in the State of Arizona.

      Threatening & Intimidating by a Gang Member in Arizona

      If the threat is made by a gang member or against a witness to a crime, the charge can be increased to a Class 3 felony which carries a 3.5-year prison sentence. Even causing a major public inconvenience, such as committing an act that causes evacuation of a public building can classified as assault.

      How is Threatening or Intimidating Classified in Arizona?

      In Arizona, a person is charged with threatening or intimidating if he or she threatens or intimidates by words or action, including the following instances:

      1. The cause of physical injury to someone else or severe property damage belonging to another person.
      2. Causing a serious public inconvenience, which could include the evacuation of a public location, assembly area, or transportation hub.
      3. Causing physical injury to someone else or severe property damage with the intention of promoting another person to participate in an illegal street gang, racketeering business, or criminal syndicate.

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      Arizona Endangerment Charge Penalties http://triallawyersaz.com/arizona-endangerment-charge-penalties/ http://triallawyersaz.com/arizona-endangerment-charge-penalties/#comments Sat, 06 Sep 2014 04:53:11 +0000 http://triallawyersaz.com/?p=2422 Call (855) 774-5400 Immediately if Charged with Assault in Flagstaff, Arizona This classified as an act that endangers someone and places them at risk of physical injury. It is a form of assault and is a Class 1 misdemeanor. If you are found guilty, you could face up to 12 months in prison. Felony & […]

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      Call (855) 774-5400 Immediately if Charged with Assault in Flagstaff, Arizona

      Criminal in Handcuffs for Endangerment

      This classified as an act that endangers someone and places them at risk of physical injury. It is a form of assault and is a Class 1 misdemeanor. If you are found guilty, you could face up to 12 months in prison.

      Felony & Reckless Endangerment in Arizona

      Felony or ‘reckless’ endangerment is behavior that causes a risk of imminent death and can also result in a 12-month prison sentence. The difference is that it is classified as a Class 6 felony, which means you become a convicted felon; this has major repercussions on the rest of your life.

      Cause for Reckless Endangerment Charge in Arizona

      In order to receive a charge of reckless endangerment in the state of Arizona, one must be guilty of the following infraction.

      1. When recklessly endangering someone else with substantial risk of physical injury or imminent death.

      Endangering someone with substantial risk of imminent death is considered a Class 6 felony in the state. All other forms of endangerment are deemed as a Class 1 misdemeanor.

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      Waiver http://triallawyersaz.com/waiver/ http://triallawyersaz.com/waiver/#comments Thu, 04 Sep 2014 17:31:57 +0000 http://triallawyersaz.com/?p=2180 Waiver: /ˈwāvər/ noun The process of deliberately surrendering a known right or privilege. Though a waiver is normally in writing, an individual’s actions can sometimes act as one. Regulations had restricted the size of banks, but the government issued a waiver to banks that exceeded the legal limits. 

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      Arizona Legal Glossary
      Waiver:

      /ˈwāvər/

      noun

      The process of deliberately surrendering a known right or privilege. Though a waiver is normally in writing, an individual’s actions can sometimes act as one.

      Regulations had restricted the size of banks, but the government issued a waiver to banks that exceeded the legal limits. 

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      Warrant http://triallawyersaz.com/warrant/ http://triallawyersaz.com/warrant/#comments Thu, 04 Sep 2014 17:31:02 +0000 http://triallawyersaz.com/?p=2178 Warrant: /ˈwôrənt,ˈwä-/ noun A court authorization that allows for the arrest of a suspect or a search of an individual’s property. Typically, law enforcement officers will apply for a warrant from a judge. With a warrant for arrest granted, the police were confident the suspect would be apprehended quickly.

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      Arizona Legal Glossary
      Warrant:

      /ˈwôrənt,ˈwä-/

      noun

      A court authorization that allows for the arrest of a suspect or a search of an individual’s property. Typically, law enforcement officers will apply for a warrant from a judge.

      With a warrant for arrest granted, the police were confident the suspect would be apprehended quickly.

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      Voluntary Acknowledgement http://triallawyersaz.com/voluntary-acknowledgement/ http://triallawyersaz.com/voluntary-acknowledgement/#comments Thu, 04 Sep 2014 17:30:14 +0000 http://triallawyersaz.com/?p=2176 Voluntary Acknowledgement: A process that allows parents to establish paternity without the need for legal action. Both parties agreed that voluntary acknowledgement was the best option, as establishing paternity allowed them to move on.

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      Arizona Legal Glossary
      Voluntary Acknowledgement:

      A process that allows parents to establish paternity without the need for legal action.

      Both parties agreed that voluntary acknowledgement was the best option, as establishing paternity allowed them to move on.

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      Uncontested http://triallawyersaz.com/uncontested/ http://triallawyersaz.com/uncontested/#comments Thu, 04 Sep 2014 17:29:18 +0000 http://triallawyersaz.com/?p=2174 Uncontested: /ˌənkənˈtestid/ adjective Refers to a case in which all issues are resolved and agreed upon by all relevant parties. It is normal for the parties to file a stipulation and proposed order with the court. The uncontested divorce meant the entire process was a smooth and stress-free affair.

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      Arizona Legal Glossary
      Uncontested:

      /ˌənkənˈtestid/

      adjective

      Refers to a case in which all issues are resolved and agreed upon by all relevant parties. It is normal for the parties to file a stipulation and proposed order with the court.

      The uncontested divorce meant the entire process was a smooth and stress-free affair.

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      Transcript http://triallawyersaz.com/transcript/ http://triallawyersaz.com/transcript/#comments Thu, 04 Sep 2014 17:28:26 +0000 http://triallawyersaz.com/?p=2172 Transcript: /ˈtranˌskript/ noun A word-for-word account of court proceedings that is official. The transcript had to be carefully checked to ensure there were no errors.

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      Arizona Legal Glossary
      Transcript:

      /ˈtranˌskript/

      noun

      A word-for-word account of court proceedings that is official.

      The transcript had to be carefully checked to ensure there were no errors.

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      Testimony http://triallawyersaz.com/testimony/ http://triallawyersaz.com/testimony/#comments Thu, 04 Sep 2014 17:27:27 +0000 http://triallawyersaz.com/?p=2170 Testimony: /ˈtestəˌmōnē/ noun This is comprised of statements made by witnesses who have taken an oath to tell the truth. Testimony from witnesses can be oral or in document form. The testimony of the witness was damning for the defense.

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      Arizona Legal Glossary
      Testimony:

      /ˈtestəˌmōnē/

      noun

      This is comprised of statements made by witnesses who have taken an oath to tell the truth. Testimony from witnesses can be oral or in document form.

      The testimony of the witness was damning for the defense.

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      Superior Court http://triallawyersaz.com/superior-court/ http://triallawyersaz.com/superior-court/#comments Thu, 04 Sep 2014 17:26:35 +0000 http://triallawyersaz.com/?p=2168 Superior Court: A trial court that has a courthouse in every county in the state. The Superior Court has jurisdiction over all criminal cases and civil cases where claims are more than $200. The Superior Court heard a civil case where the plaintiff was seeking damages of $1,000.

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      Arizona Legal Glossary
      Superior Court:

      A trial court that has a courthouse in every county in the state. The Superior Court has jurisdiction over all criminal cases and civil cases where claims are more than $200.

      The Superior Court heard a civil case where the plaintiff was seeking damages of $1,000.

      The post Superior Court appeared first on http://triallawyersaz.com.

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      Small Claims Court http://triallawyersaz.com/small-claims-court/ http://triallawyersaz.com/small-claims-court/#comments Thu, 04 Sep 2014 17:25:40 +0000 http://triallawyersaz.com/?p=2166 Small Claims Court: A court that presides over small claims cases and can award claims up to a certain amount. The Justice of the Peace Court is the venue for these proceedings, which are less formal than in other court settings. The parties represented themselves in small claims court, and the plaintiff was awarded a […]

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      Arizona Legal Glossary
      Small Claims Court:

      A court that presides over small claims cases and can award claims up to a certain amount. The Justice of the Peace Court is the venue for these proceedings, which are less formal than in other court settings.

      The parties represented themselves in small claims court, and the plaintiff was awarded a sum of $200.

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      Rest http://triallawyersaz.com/rest/ http://triallawyersaz.com/rest/#comments Thu, 04 Sep 2014 17:24:47 +0000 http://triallawyersaz.com/?p=2164 Rest: /rest/ noun Once one side of a case has presented all of its evidence, it is said to rest its case. The prosecution was confident it had presented enough evidence to win the trial, so it decided to rest its case.

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      Arizona Legal Glossary
      Rest:

      /rest/

      noun

      Once one side of a case has presented all of its evidence, it is said to rest its case.

      The prosecution was confident it had presented enough evidence to win the trial, so it decided to rest its case.

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      Respondent http://triallawyersaz.com/respondent/ http://triallawyersaz.com/respondent/#comments Thu, 04 Sep 2014 17:23:59 +0000 http://triallawyersaz.com/?p=2162 Respondent: /riˈspändənt/ noun The party who answers a complaint during a civil case; also refers to the individual who has had an appeal brought against him. The respondent was adamant that he was innocent of the charges made against him.

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      Arizona Legal Glossary
      Respondent:

      /riˈspändənt/

      noun

      The party who answers a complaint during a civil case; also refers to the individual who has had an appeal brought against him.

      The respondent was adamant that he was innocent of the charges made against him.

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      Registration of an Order http://triallawyersaz.com/registration-order/ http://triallawyersaz.com/registration-order/#comments Thu, 04 Sep 2014 17:23:04 +0000 http://triallawyersaz.com/?p=2160 Registration of an Order: This refers to family law and involves ensuring an out-of-state child support order becomes an Arizona order using the procedures outlined in the Revised Uniform Reciprocal Enforcement of Support Act. The judge wanted to get tough with the individual who refused to pay child support, so he created a registration of […]

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      Arizona Legal Glossary
      Registration of an Order:

      This refers to family law and involves ensuring an out-of-state child support order becomes an Arizona order using the procedures outlined in the Revised Uniform Reciprocal Enforcement of Support Act.

      The judge wanted to get tough with the individual who refused to pay child support, so he created a registration of an order.

      The post Registration of an Order appeared first on http://triallawyersaz.com.

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      Preliminary Hearing http://triallawyersaz.com/preliminary-hearing/ http://triallawyersaz.com/preliminary-hearing/#comments Thu, 04 Sep 2014 17:22:07 +0000 http://triallawyersaz.com/?p=2158 Preliminary Hearing: A court proceeding that is used to decide if there is enough evidence against someone charged with a felony to proceed to a trial. At the preliminary hearing, the judge was satisfied that there was enough evidence against the accused to go to trial.

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      Arizona Legal Glossary
      Preliminary Hearing:

      A court proceeding that is used to decide if there is enough evidence against someone charged with a felony to proceed to a trial.

      At the preliminary hearing, the judge was satisfied that there was enough evidence against the accused to go to trial.

      The post Preliminary Hearing appeared first on http://triallawyersaz.com.

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      Paternity http://triallawyersaz.com/paternity/ http://triallawyersaz.com/paternity/#comments Thu, 04 Sep 2014 17:21:09 +0000 http://triallawyersaz.com/?p=2156 Paternity: /pəˈternitē/ noun A determination that establishes a man as the legal father of a child. If the parents of a child have never been married, paternity has to be established before the father is allowed any parental rights. After paternity had been established, the father vowed to become more active in his son’s life.

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      Arizona Legal Glossary
      Paternity:

      /pəˈternitē/

      noun

      A determination that establishes a man as the legal father of a child. If the parents of a child have never been married, paternity has to be established before the father is allowed any parental rights.

      After paternity had been established, the father vowed to become more active in his son’s life.

      The post Paternity appeared first on http://triallawyersaz.com.

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      Parenting Plan http://triallawyersaz.com/parenting-plan/ http://triallawyersaz.com/parenting-plan/#comments Thu, 04 Sep 2014 17:20:15 +0000 http://triallawyersaz.com/?p=2154 Parenting Plan: A written document that contains an agreement between parents; the plan outlines how the child is to be raised and cared for once the parents agree to dissolution of marriage. When parents ask for joint custody, they will be ordered to submit a parenting plan to the judge. The judge was happy with […]

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      Arizona Legal Glossary
      Parenting Plan:

      A written document that contains an agreement between parents; the plan outlines how the child is to be raised and cared for once the parents agree to dissolution of marriage. When parents ask for joint custody, they will be ordered to submit a parenting plan to the judge.

      The judge was happy with the submitted parenting plan and agreed to joint custody.

      The post Parenting Plan appeared first on http://triallawyersaz.com.

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      Order to Appear http://triallawyersaz.com/order-appear/ http://triallawyersaz.com/order-appear/#comments Thu, 04 Sep 2014 17:19:24 +0000 http://triallawyersaz.com/?p=2152 Order to Appear: Also known as an order to show, this is a court order that directs an individual to appear in court and respond to a legal complaint or petition. As the defendant did not obey the order to appear, it was clear that he would be in trouble with the court.

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      Arizona Legal Glossary
      Order to Appear:

      Also known as an order to show, this is a court order that directs an individual to appear in court and respond to a legal complaint or petition.

      As the defendant did not obey the order to appear, it was clear that he would be in trouble with the court.

      The post Order to Appear appeared first on http://triallawyersaz.com.

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      Oath http://triallawyersaz.com/oath/ http://triallawyersaz.com/oath/#comments Thu, 04 Sep 2014 17:18:25 +0000 http://triallawyersaz.com/?p=2150 Oath: /ōTH/ noun Refers to swearing or affirming that something is true. You can be prosecuted for perjury if you swear an oath and make a statement you know to be false. Written documents can be made under oath as well as spoken testimony. Once the witness swore the oath, he knew he must tell […]

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      Arizona Legal Glossary
      Oath:

      /ōTH/

      noun

      Refers to swearing or affirming that something is true. You can be prosecuted for perjury if you swear an oath and make a statement you know to be false. Written documents can be made under oath as well as spoken testimony.

      Once the witness swore the oath, he knew he must tell the whole truth or risk a perjury charge.

      The post Oath appeared first on http://triallawyersaz.com.

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      Notice of Appearance http://triallawyersaz.com/notice-appearance/ http://triallawyersaz.com/notice-appearance/#comments Thu, 04 Sep 2014 17:17:33 +0000 http://triallawyersaz.com/?p=2148 Notice of Appearance: Refers to a paper filed in court that notifies the court and other parties that a person or his attorney will be participating in the case. The prosecution felt uneasy when it saw the notice of appearance; it stated that a well-renowned defense attorney would be on the opposite side.

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      Arizona Legal Glossary
      Notice of Appearance:

      Refers to a paper filed in court that notifies the court and other parties that a person or his attorney will be participating in the case.

      The prosecution felt uneasy when it saw the notice of appearance; it stated that a well-renowned defense attorney would be on the opposite side.

      The post Notice of Appearance appeared first on http://triallawyersaz.com.

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      Misdemeanor http://triallawyersaz.com/misdemeanor/ http://triallawyersaz.com/misdemeanor/#comments Thu, 04 Sep 2014 17:16:35 +0000 http://triallawyersaz.com/?p=2146 Misdemeanor: /ˈmisdiˌmēnər/ noun A crime that is less serious than a felony. It may result in a prison term, but this is often a question of months rather than years. The defendant was advised to take a misdemeanor conviction, as the sentence was community service with no prison time.

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      Arizona Legal Glossary
      Misdemeanor:

      /ˈmisdiˌmēnər/

      noun

      A crime that is less serious than a felony. It may result in a prison term, but this is often a question of months rather than years.

      The defendant was advised to take a misdemeanor conviction, as the sentence was community service with no prison time.

      The post Misdemeanor appeared first on http://triallawyersaz.com.

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      Mediation http://triallawyersaz.com/mediation/ http://triallawyersaz.com/mediation/#comments Thu, 04 Sep 2014 17:15:39 +0000 http://triallawyersaz.com/?p=2144 Mediation: /ˌmēdēˈāSHən/ noun A process where a third party is used to attempt to help the conflicting parties come to some sort of agreement. It is a non-binding, informal, and private process. The mediator does not have the power to impose a settlement but can help the disputing parties to come to a mutually agreeable […]

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      Arizona Legal Glossary
      Mediation:

      /ˌmēdēˈāSHən/

      noun

      A process where a third party is used to attempt to help the conflicting parties come to some sort of agreement. It is a non-binding, informal, and private process. The mediator does not have the power to impose a settlement but can help the disputing parties to come to a mutually agreeable solution.

      The mediation process was a success, and the conflicting parties were able to settle their differences.

      The post Mediation appeared first on http://triallawyersaz.com.

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      Long-Arm Statute http://triallawyersaz.com/long-arm-statute/ http://triallawyersaz.com/long-arm-statute/#comments Thu, 04 Sep 2014 17:14:40 +0000 http://triallawyersaz.com/?p=2142 Long-Arm Statute: This is a statute that allows a state court to exercise jurisdiction in a case involving a non-resident. As the accused was from outside Arizona, the court looked for a long-arm statute to gain jurisdiction in the case.

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      Arizona Legal Glossary
      Long-Arm Statute:

      This is a statute that allows a state court to exercise jurisdiction in a case involving a non-resident.

      As the accused was from outside Arizona, the court looked for a long-arm statute to gain jurisdiction in the case.

      The post Long-Arm Statute appeared first on http://triallawyersaz.com.

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      Lawyer http://triallawyersaz.com/lawyer/ http://triallawyersaz.com/lawyer/#comments Thu, 04 Sep 2014 17:13:34 +0000 http://triallawyersaz.com/?p=2140 Lawyer: /ˈloi-ər,ˈlôyər/ noun An individual licensed by the state to represent people in court and to provide advice. After being hit with a DUI charge, the defendant knew he needed a good lawyer to represent him in court.

      The post Lawyer appeared first on http://triallawyersaz.com.

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      Arizona Legal Glossary
      Lawyer:

      /ˈloi-ər,ˈlôyər/

      noun

      An individual licensed by the state to represent people in court and to provide advice.

      After being hit with a DUI charge, the defendant knew he needed a good lawyer to represent him in court.

      The post Lawyer appeared first on http://triallawyersaz.com.

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      Jurisdiction http://triallawyersaz.com/jurisdiction/ http://triallawyersaz.com/jurisdiction/#comments Thu, 04 Sep 2014 17:12:41 +0000 http://triallawyersaz.com/?p=2138 Jurisdiction: /ˌjo͝orisˈdikSHən/ noun A court’s authority or power to act. A court needs to have jurisdiction over the geographic area or subject matter of the proceeding and the person against whom the case is being made. The court decided it didn’t have jurisdiction in the case.

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      Arizona Legal Glossary
      Jurisdiction:

      /ˌjo͝orisˈdikSHən/

      noun

      A court’s authority or power to act. A court needs to have jurisdiction over the geographic area or subject matter of the proceeding and the person against whom the case is being made.

      The court decided it didn’t have jurisdiction in the case.

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      Judge Pro Tempore http://triallawyersaz.com/judge-pro-tempore/ http://triallawyersaz.com/judge-pro-tempore/#comments Thu, 04 Sep 2014 17:11:18 +0000 http://triallawyersaz.com/?p=2136 Judge Pro Tempore: An individual who is assigned to perform a judge’s duties on a temporary basis. It was necessary to use a judge pro tempore for this particular case.

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      Arizona Legal Glossary
      Judge Pro Tempore:

      An individual who is assigned to perform a judge’s duties on a temporary basis.

      It was necessary to use a judge pro tempore for this particular case.

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      Irretrievably Broken http://triallawyersaz.com/irretrievably-broken/ http://triallawyersaz.com/irretrievably-broken/#comments Thu, 04 Sep 2014 17:10:15 +0000 http://triallawyersaz.com/?p=2134 Irretrievably Broken: In the state of Arizona, the courts use this standard to decide if a dissolution of marriage decree should be granted. It means there is no chance of the spouses agreeing to remain married. It was a sad event, but the marriage was irretrievably broken and a divorce was the only realistic option.

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      Arizona Legal Glossary
      Irretrievably Broken:

      In the state of Arizona, the courts use this standard to decide if a dissolution of marriage decree should be granted. It means there is no chance of the spouses agreeing to remain married.

      It was a sad event, but the marriage was irretrievably broken and a divorce was the only realistic option.

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      Injunction http://triallawyersaz.com/injunction/ http://triallawyersaz.com/injunction/#comments Thu, 04 Sep 2014 17:09:14 +0000 http://triallawyersaz.com/?p=2132 Injunction: /inˈjəNG(k)SHən/ noun When the court orders an individual not to commit certain acts. In a dissolution of marriage case, for example, an injunction would order both spouses not to sell any of their community property. The defendant was accused of disobeying the terms of the injunction.

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      Arizona Legal Glossary
      Injunction:

      /inˈjəNG(k)SHən/

      noun

      When the court orders an individual not to commit certain acts. In a dissolution of marriage case, for example, an injunction would order both spouses not to sell any of their community property.

      The defendant was accused of disobeying the terms of the injunction.

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      Incorrigible http://triallawyersaz.com/incorrigible/ http://triallawyersaz.com/incorrigible/#comments Thu, 04 Sep 2014 17:07:59 +0000 http://triallawyersaz.com/?p=2130 Incorrigible: /inˈkôrijəbəl,-ˈkär-/ noun A reference to a juvenile who cannot be managed by parents or guardians. The youth’s incorrigible behavior included truancy and running away from home.

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      Arizona Legal Glossary
      Incorrigible:

      /inˈkôrijəbəl,-ˈkär-/

      noun

      A reference to a juvenile who cannot be managed by parents or guardians.

      The youth’s incorrigible behavior included truancy and running away from home.

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      Hearing http://triallawyersaz.com/hearing/ http://triallawyersaz.com/hearing/#comments Thu, 04 Sep 2014 17:06:51 +0000 http://triallawyersaz.com/?p=2128 Hearing: /ˈhi(ə)riNG/ noun When the court schedules a proceeding for a certain time and date, which may include the presentation of evidence by the prosecution and defense. The defendant was ordered to attend a hearing at 9 a.m. on Wednesday.

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      Arizona Legal Glossary
      Hearing:

      /ˈhi(ə)riNG/

      noun

      When the court schedules a proceeding for a certain time and date, which may include the presentation of evidence by the prosecution and defense.

      The defendant was ordered to attend a hearing at 9 a.m. on Wednesday.

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      Grand Jury http://triallawyersaz.com/grand-jury/ http://triallawyersaz.com/grand-jury/#comments Thu, 04 Sep 2014 17:05:55 +0000 http://triallawyersaz.com/?p=2126 Grand Jury: A team of 12 to 16 citizens who are chosen to be jurors and are expected to serve a term of no more than 120 days where they hear or investigate charges of criminal behavior. The defendant was worried because the trial was taking place in front of a grand jury.

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      Arizona Legal Glossary
      Grand Jury:

      A team of 12 to 16 citizens who are chosen to be jurors and are expected to serve a term of no more than 120 days where they hear or investigate charges of criminal behavior.

      The defendant was worried because the trial was taking place in front of a grand jury.

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      Garnishment http://triallawyersaz.com/garnishment/ http://triallawyersaz.com/garnishment/#comments Thu, 04 Sep 2014 17:04:50 +0000 http://triallawyersaz.com/?p=2124 Garnishment: /ˈgärniSHmənt/ noun A legal method of withholding the debtor’s money or property and applying it towards the debt. Salary garnishment is one of the most commonly used ways of enforcing this rule. The individual was unhappy that his salary was subject to 10 percent garnishment until he paid off the child support.

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      Arizona Legal Glossary
      Garnishment:

      /ˈgärniSHmənt/

      noun

      A legal method of withholding the debtor’s money or property and applying it towards the debt. Salary garnishment is one of the most commonly used ways of enforcing this rule.

      The individual was unhappy that his salary was subject to 10 percent garnishment until he paid off the child support.

      The post Garnishment appeared first on http://triallawyersaz.com.

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      Forcible Entry and Detainer http://triallawyersaz.com/forcible-entry-detainer/ http://triallawyersaz.com/forcible-entry-detainer/#comments Thu, 04 Sep 2014 17:03:44 +0000 http://triallawyersaz.com/?p=2122 Forcible Entry and Detainer: A proceeding for returning possession of property or land to the rightful owner. It is commonly used in eviction proceedings. The landlord sought a forcible entry and detainer proceeding in order to remove a non-paying tenant.

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      Arizona Legal Glossary
      Forcible Entry and Detainer:

      A proceeding for returning possession of property or land to the rightful owner. It is commonly used in eviction proceedings.

      The landlord sought a forcible entry and detainer proceeding in order to remove a non-paying tenant.

      The post Forcible Entry and Detainer appeared first on http://triallawyersaz.com.

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      Felony http://triallawyersaz.com/felony/ http://triallawyersaz.com/felony/#comments Thu, 04 Sep 2014 17:02:10 +0000 http://triallawyersaz.com/?p=2120 Felony: /ˈfelənē/ noun A serious crime that is likely to result in a lengthy prison spell if the individual is convicted. Arizona is one state that has the death penalty for certain serious felony charges. The defense was hoping to bargain a felony charge down to a misdemeanor.

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      Arizona Legal Glossary
      Felony:

      /ˈfelənē/

      noun

      A serious crime that is likely to result in a lengthy prison spell if the individual is convicted. Arizona is one state that has the death penalty for certain serious felony charges.

      The defense was hoping to bargain a felony charge down to a misdemeanor.

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      Family Court http://triallawyersaz.com/family-court/ http://triallawyersaz.com/family-court/#comments Thu, 04 Sep 2014 17:01:12 +0000 http://triallawyersaz.com/?p=2118 Family Court: A trial court that possesses jurisdiction over all family cases, including domestic abuse, child support, and dissolution of marriage. The domestic abuse case had to be settled in a family court.

      The post Family Court appeared first on http://triallawyersaz.com.

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      Arizona Legal Glossary
      Family Court:

      A trial court that possesses jurisdiction over all family cases, including domestic abuse, child support, and dissolution of marriage.

      The domestic abuse case had to be settled in a family court.

      The post Family Court appeared first on http://triallawyersaz.com.

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      Ex Parte http://triallawyersaz.com/ex-parte/ http://triallawyersaz.com/ex-parte/#comments Thu, 04 Sep 2014 17:00:06 +0000 http://triallawyersaz.com/?p=2116 Ex Parte: /eks ˈpärtē/ adjective & adverb A Latin term for when one party looks for a case to be settled without providing notice to the other party. The plaintiff was hoping her ex parte request would be granted by the judge.

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      Arizona Legal Glossary
      Ex Parte:

      /eks ˈpärtē/

      adjective & adverb

      A Latin term for when one party looks for a case to be settled without providing notice to the other party.

      The plaintiff was hoping her ex parte request would be granted by the judge.

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      Exhibit http://triallawyersaz.com/exhibit/ http://triallawyersaz.com/exhibit/#comments Thu, 04 Sep 2014 16:58:20 +0000 http://triallawyersaz.com/?p=2114 Exhibit: /igˈzibit/ noun An object or document that is produced as evidence during a trial. The prosecution was confident that Exhibit A would put the defense on its back foot.

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      Arizona Legal Glossary
      Exhibit:

      /igˈzibit/

      noun

      An object or document that is produced as evidence during a trial.

      The prosecution was confident that Exhibit A would put the defense on its back foot.

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      Emancipation http://triallawyersaz.com/emancipation/ http://triallawyersaz.com/emancipation/#comments Thu, 04 Sep 2014 16:56:40 +0000 http://triallawyersaz.com/?p=2112 Emancipation: /iˌmansəˈpāSHən/ noun When a child decides to become independent from his or her parent due to age or circumstance. The court was shocked to hear that such a young child was seeking emancipation from his parents.

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      Arizona Legal Glossary
      Emancipation:

      /iˌmansəˈpāSHən/

      noun

      When a child decides to become independent from his or her parent due to age or circumstance.

      The court was shocked to hear that such a young child was seeking emancipation from his parents.

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      Dismiss http://triallawyersaz.com/dismiss/ http://triallawyersaz.com/dismiss/#comments Thu, 04 Sep 2014 16:55:25 +0000 http://triallawyersaz.com/?p=2110 Dismiss: /disˈmis/ verb Closure of a case without the plaintiff receiving the relief sought. It is possible for the parties or the court to dismiss a case. The judge believed the defendant had nothing to answer for, so he chose to dismiss the case.

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      Arizona Legal Glossary
      Dismiss:

      /disˈmis/

      verb

      Closure of a case without the plaintiff receiving the relief sought. It is possible for the parties or the court to dismiss a case.

      The judge believed the defendant had nothing to answer for, so he chose to dismiss the case.

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      Dissolution of Marriage http://triallawyersaz.com/dissolution-of-marriage/ http://triallawyersaz.com/dissolution-of-marriage/#comments Thu, 04 Sep 2014 16:53:56 +0000 http://triallawyersaz.com/?p=2108 Dissolution of Marriage: In the state of Arizona, this is the term used for divorce. The couple agreed on dissolution of marriage due to irreconcilable differences.

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      Arizona Legal Glossary
      Dissolution of Marriage:

      In the state of Arizona, this is the term used for divorce.

      The couple agreed on dissolution of marriage due to irreconcilable differences.

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      Delinquent Act http://triallawyersaz.com/delinquent-act/ http://triallawyersaz.com/delinquent-act/#comments Thu, 04 Sep 2014 16:51:54 +0000 http://triallawyersaz.com/?p=2106 Delinquent Act: An act committed by a minor that would be considered a crime if committed by an adult. The young defendant was convicted of committing a delinquent act but would escape prison because of his tender age.

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      Arizona Legal Glossary
      Delinquent Act:

      An act committed by a minor that would be considered a crime if committed by an adult.

      The young defendant was convicted of committing a delinquent act but would escape prison because of his tender age.

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      Counterclaim http://triallawyersaz.com/counterclaim/ http://triallawyersaz.com/counterclaim/#comments Thu, 04 Sep 2014 16:50:14 +0000 http://triallawyersaz.com/?p=2104 Counterclaim: /ˈkountərˌklām/ noun When the defendant makes a claim against the plaintiff. The plaintiff was stunned when the defendant decided to launch a counterclaim.

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      Arizona Legal Glossary
      Counterclaim:

      /ˈkountərˌklām/

      noun

      When the defendant makes a claim against the plaintiff.

      The plaintiff was stunned when the defendant decided to launch a counterclaim.

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      Contempt http://triallawyersaz.com/contempt/ http://triallawyersaz.com/contempt/#comments Thu, 04 Sep 2014 16:48:50 +0000 http://triallawyersaz.com/?p=2102 Contempt: /kənˈtem(p)t/ noun Blatant disregard for a court’s order. The defendant was found to be in contempt of court and was in deep trouble.

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      Arizona Legal Glossary
      Contempt:

      /kənˈtem(p)t/

      noun

      Blatant disregard for a court’s order.

      The defendant was found to be in contempt of court and was in deep trouble.

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      Case Number http://triallawyersaz.com/case-number/ http://triallawyersaz.com/case-number/#comments Thu, 04 Sep 2014 16:47:35 +0000 http://triallawyersaz.com/?p=2100 Case Number: As there are many cases heard by courts in Arizona, each specific case is given its own unique number. As the case involved domestic relations, the case number was preceded by the letters DR.

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      Arizona Legal Glossary
      Case Number:

      As there are many cases heard by courts in Arizona, each specific case is given its own unique number.

      As the case involved domestic relations, the case number was preceded by the letters DR.

      The post Case Number appeared first on http://triallawyersaz.com.

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      Burden of Proof http://triallawyersaz.com/burden-proof/ http://triallawyersaz.com/burden-proof/#comments Thu, 04 Sep 2014 16:46:08 +0000 http://triallawyersaz.com/?p=2098 Burden of Proof: Refers to the fact that one of the parties in a dispute has to prove their allegations to the court in order to have the judge find in their favor. The burden of proof was on the prosecution, and it did not seem to have enough evidence.

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      Arizona Legal Glossary
      Burden of Proof:

      Refers to the fact that one of the parties in a dispute has to prove their allegations to the court in order to have the judge find in their favor.

      The burden of proof was on the prosecution, and it did not seem to have enough evidence.

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      Bench http://triallawyersaz.com/bench/ http://triallawyersaz.com/bench/#comments Thu, 04 Sep 2014 16:44:46 +0000 http://triallawyersaz.com/?p=2096 Bench: /benCH/ noun Refers to the location where the judge sits during a case. The judge called the prosecution and defense attorneys to the bench, as he wanted to discuss an important matter relating to the case.

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      Arizona Legal Glossary
      Bench:

      /benCH/

      noun

      Refers to the location where the judge sits during a case.

      The judge called the prosecution and defense attorneys to the bench, as he wanted to discuss an important matter relating to the case.

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      Bailiff http://triallawyersaz.com/bailiff/ http://triallawyersaz.com/bailiff/#comments Thu, 04 Sep 2014 16:43:17 +0000 http://triallawyersaz.com/?p=2094 Bailiff: /ˈbālif/ noun An individual acting as a courtroom attendant; a bailiff’s duties include supervision of the jury as well as keeping order in the courtroom. The judge ordered the bailiff to remove the unruly individual from the courtroom.

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      Arizona Legal Glossary
      Bailiff:

      /ˈbālif/

      noun

      An individual acting as a courtroom attendant; a bailiff’s duties include supervision of the jury as well as keeping order in the courtroom.

      The judge ordered the bailiff to remove the unruly individual from the courtroom.

      The post Bailiff appeared first on http://triallawyersaz.com.

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      Arrears http://triallawyersaz.com/arrears/ http://triallawyersaz.com/arrears/#comments Thu, 04 Sep 2014 16:40:13 +0000 http://triallawyersaz.com/?p=2092 Arrears: /əˈri(ə)rz/ noun Refers to the amount of money that is owed and has not been paid on time. This usually relates to child support cases. The judge warned the individual that the court would not tolerate him being in arrears for much longer.

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      Arizona Legal Glossary
      Arrears:

      /əˈri(ə)rz/

      noun

      Refers to the amount of money that is owed and has not been paid on time. This usually relates to child support cases.

      The judge warned the individual that the court would not tolerate him being in arrears for much longer.

      The post Arrears appeared first on http://triallawyersaz.com.

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      Arizona Manslaughter Charge Penalties http://triallawyersaz.com/arizona-manslaughter-charge-penalties/ http://triallawyersaz.com/arizona-manslaughter-charge-penalties/#comments Thu, 04 Sep 2014 16:40:05 +0000 http://triallawyersaz.com/?p=2395 Call (855) 774-5400 Immediately if Charged with Homicide in Flagstaff, Arizona This type of Arizona homicide is classified as causing death through a reckless act. However, manslaughter can also be the charge if a second degree murder is committed while the defendant was in a highly emotional state; crimes of passion are a classic example. […]

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      Call (855) 774-5400 Immediately if Charged with Homicide in Flagstaff, Arizona

      Law Books & Gavel

      This type of Arizona homicide is classified as causing death through a reckless act. However, manslaughter can also be the charge if a second degree murder is committed while the defendant was in a highly emotional state; crimes of passion are a classic example. You can also be charged with manslaughter if you are convicted of the death of an unborn child through a reckless act that physically caused harm to the child’s mother.

      Manslaughter in Arizona & Intent

      In essence, manslaughter does not occur when someone has intent to kill barring situations where the defendant is in an emotional state. If you are convicted of manslaughter, the punishment is five to 10 years in prison, though this can be increased to 12.5 years if convicted of aggravated manslaughter.

      When Can Someone be Charged with Manslaughter in Arizona?

      According to Arizona Revised Statutes Title 13 (Criminal Code), an individual can be charged with manslaughter if they meet the following criteria:

      1. Recklessly causing the death of someone else.
      2. Committing second degree murder because of a sudden quarrel or heat of passion assault due to victim provocation.
      3. Intentionally supplying the means for a victim to commit suicide, knowing that the individual intended to take their own life.
      4. Committing second degree murder while being coerced to do so because of deadly physical threats to oneself or to a third party, when a reasonable person would resist taking such action if put in the same situation.
      5. Recklessly or intentionally causing the death of an unborn child due to any form of physical injury to the mother.

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      Affidavit http://triallawyersaz.com/affidavit/ http://triallawyersaz.com/affidavit/#comments Thu, 04 Sep 2014 16:37:53 +0000 http://triallawyersaz.com/?p=2090 Affidavit: /ˌafiˈdāvit/ noun A written statement of fact that is signed and sworn in the presence of a notary or another individual who has the right to administer an oath. An affidavit was carefully prepared by the prosecution before it was filed with the court.

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      Arizona Legal Glossary
      Affidavit:

      /ˌafiˈdāvit/

      noun

      A written statement of fact that is signed and sworn in the presence of a notary or another individual who has the right to administer an oath.

      An affidavit was carefully prepared by the prosecution before it was filed with the court.

      The post Affidavit appeared first on http://triallawyersaz.com.

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      Arizona Murder Charge Penalties http://triallawyersaz.com/arizona-murder-charge-penalties/ http://triallawyersaz.com/arizona-murder-charge-penalties/#comments Wed, 03 Sep 2014 23:12:32 +0000 http://triallawyersaz.com/?p=2382 Call (855) 774-5400 Immediately if Charged with Homicide in Flagstaff, Arizona A murder charge is unquestionably the most serious crime you can be convicted of in the state of Arizona. If you’ve been charged with murder, contact our law offices as soon as possible to have our homicide defense lawyers begin working on your case […]

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      Call (855) 774-5400 Immediately if Charged with Homicide in Flagstaff, Arizona

      Scales of Justice & Gavel

      A murder charge is unquestionably the most serious crime you can be convicted of in the state of Arizona. If you’ve been charged with murder, contact our law offices as soon as possible to have our homicide defense lawyers begin working on your case immediately. There are two separate murder classifications of murder – First Degree and Second Degree.

      First Degree Murder in Arizona

      This is also known as ‘Murder One’ and is a crime that can be punished by the death penalty in Arizona. You can be found guilty of first degree murder if you knowingly and intentionally caused the death of another person in a premeditated manner. You can also be convicted of this crime for killing a police officer or an unborn child. It is a Class 1 felony and capital punishment is used in Arizona. Alternatively, you could receive life imprisonment without parole or with parole possible after 25 years.

      Second Degree Murder in Arizona

      The circumstances surrounding second degree murder are similar but this charge occurs when there is no premeditation. You can be found guilty of second degree murder if it is proven you intentionally killed someone or acted with indifference to human life. A conviction for this crime results in a 10- to 22-year prison sentence with an extra five years added if the victim is under the age of 15 or is an unborn child.

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      Acquit http://triallawyersaz.com/acquit/ http://triallawyersaz.com/acquit/#comments Tue, 02 Sep 2014 20:46:26 +0000 http://triallawyersaz.com/?p=2079 Acquit: /əˈkwit/ verb When a defendant is found to be not guilty of the crime he has been accused of. Due to a lack of evidence, the jury elected to acquit the accused.

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      Arizona Legal Glossary
      Acquit:

      /əˈkwit/

      verb

      When a defendant is found to be not guilty of the crime he has been accused of.

      Due to a lack of evidence, the jury elected to acquit the accused.

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      What Are the Costs for an Arizona DUI? http://triallawyersaz.com/costs-associated-dui-arizona/ http://triallawyersaz.com/costs-associated-dui-arizona/#comments Sat, 03 May 2014 02:23:39 +0000 http://triallawyersaz.com/?p=1987 Getting a DUI in the state of Arizona is a big deal. You are heavily fined, spend time in jail, could potentially lose your job, and also have your insurance suspended. Add in the potential for injuring someone while you drink and drive, coupled with the social stigma, and you have one bad decision with […]

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      Man Being Pulled Over for DUI Getting a DUI in the state of Arizona is a big deal. You are heavily fined, spend time in jail, could potentially lose your job, and also have your insurance suspended. Add in the potential for injuring someone while you drink and drive, coupled with the social stigma, and you have one bad decision with serious consequences.

      As you may know, you can be arrested for DUI if you are found to be in control of a vehicle while having a blood alcohol concentration (BAC) of 0.08 percent or above. This falls to 0.04 percent when driving a commercial vehicle. Given the relatively low price of alcohol from stores, finding yourself over the limit is a rather cheap endeavor. Unfortunately, the costs associated with a DUI in Arizona are substantial — some would say surprising — and we outline them below.

      The True Financial Cost of a DUI Conviction

      You would be forgiven for thinking the cost of a DUI is relatively low. Yet this completely overlooks all the associated costs, which are considerable, as you can see:

      • Basic Fines: An average of $1,600 for a first offense. This increases to an average of $4,000 on a second offense and can be as high as $10,000 for a third offense.
      • Towing: After an arrest, your vehicle will get towed. This can cost a basic fee of $100 plus a cost-per-mile charge. At least it is not Chicago, where towing costs $1,200! You can also expect to pay for the cost of storing your vehicle.
      • Court Costs: Up to $1,500.
      • DUI Classes: Up to $185.
      • DUI Attorney Fees: Up to $2,000 but can be as low as $500. You can, of course, try to defend yourself, but if you want to have the best chance of winning the case, you need an knowledgeable DUI defense attorney.
      • Bail: Anywhere from $200 to $5,000.
      • License Reinstatement: You may need to pay up to $500 to have your license reinstated after a DUI conviction.

      Ignition Interlock Device

      Expect to pay for installation and a monthly service fee.

      Woman Using Ignition Interlock Device

      Arizona commonly requires individuals convicted of a DUI offense to install an ignition interlock device (IID), which can cost approximately $1,200 annually.

      The state of Arizona has some of the toughest DUI laws in the country. Even if it’s your first offense, you will be required to place an Ignition Interlock Device (IID) on your vehicle. It is a machine that records your BAC when you blow into it, and if you are over the limit and attempt to drive, the vehicle will not start. An IID normally costs up to $200 to install, and the monthly rental fees can be as high as $100. Over the course of one year, that’s $1,200! Then you have to pay more money for calibration and regular maintenance.

      Loss of Income

      If you are employed, a DUI conviction could prove disastrous since jail time is mandatory even for a first-time offender. Depending on the severity of the conviction, you could spend anywhere from 10 days to 4 months in prison. Then you need to appear in court, which also eats into work time. Assuming you earn the average Arizona annual wage of $47,000, a one-month stint in prison could cost you almost $4,000.

      Cost of Second and Third DUI Offenses

      There are a number of factors taken into consideration during DUI cases in Arizona, including a judge’s interpretation of the facts. Jail terms and financial penalties depend on whether property damage, bodily harm, or dangerous driving were results of the driver’s actions. As we already outlined, first offenses carry relatively stiff penalties along with license suspension, so things only get much worse for repeat offenders.

      If you commit a second DUI offense within the state of Arizona inside a 10-year period, the initial fines and overall costs get higher, along with more severe jail terms. By your third conviction, there is a chance your driver’s license will be permanently revoked. Fines can be as high as $10,000 for a third offense, and if you get four months in jail, your loss of earnings will be close to $16,000, assuming you are on the average annual salary mentioned above. Frankly, loss of employment is likely in this scenario.

      Rising Cost of Insurance

      This really hits hard, as it is not unusual for insurers to double the cost of your insurance after a DUI charge. If you want to get your license reinstated, it is necessary to file an SR-22 Proof of Responsibility form. This makes it impossible for drivers to conceal their DUI conviction from insurance companies.

      In the world of automobile insurance, there are three kinds: standard, secondary market, and assigned risk pool. Standard policies are the cheapest and don’t include drunk drivers and other motorists who have filed SR-22s. Secondary market insurance is much more expensive and is for people who have been convicted of a motoring offense in general. Assigned risk pool insurance is exorbitant and is only for those who can’t get insurance anywhere else.

      Additional DUI Costs

      A number of other costs can bring the total financial damage of a first-time DUI conviction in Arizona towards the $15,000 barrier. While some individuals may be fortunate enough to get a temporary hardship license that allows them to drive to and from work or school while their license is suspended, others are not so fortunate. A DUI conviction in Arizona is also likely to hinder future employment opportunities, as the conviction will be a matter of public record and will show up on a company’s background check.

      Conclusion

      Overall, the cost of a first-time DUI varies depending on the state, and in Arizona it can be anywhere from $8,000 to $24,000. If you are convicted again, this cost absolutely skyrockets to the point where it could put you in financial peril.

      It’s clear that getting convicted for DUI in Arizona is one of the most expensive mistakes of any person’s life. If you believe you have been wrongfully arrested, take action now and contact an respected DUI attorney in Arizona to help fight your corner.

      References

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      How Do I Know If I Have a Personal Injury Case? http://triallawyersaz.com/know-personal-injury-case/ http://triallawyersaz.com/know-personal-injury-case/#comments Wed, 09 Apr 2014 02:10:19 +0000 http://triallawyersaz.com/?p=1979 The majority of people reading this have heard the term “personal injury,” but many people have the wrong idea of what it actually means. You can make a personal injury claim if you have been emotionally or physically injured due to the wrongful act(s) of another individual or company. When you make a claim, you […]

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      The majority of people reading this have heard the term “personal injury,” but many people have the wrong idea of what it actually means. You can make a personal injury claim if you have been emotionally or physically injured due to the wrongful act(s) of another individual or company. When you make a claim, you are looking for financial compensation from the person/business that wronged you.

      A common personal injury claim is for “negligence,” which means you are saying the other party’s reckless actions resulted in a personal injury to you. Automobile accidents are classic examples of negligence claims. According to the Arizona Department of Transportation, there were over 103,000 automobile accidents in the state during 2011, more than 33,000 of which resulted in personal injuries.

      Another type of claim is if you trip, fall, and get hurt on a company’s premises. This is known as “premises liability.” If you suffer from an injury or illness due to carelessness by a medical professional, this is known as “medical malpractice.” If someone is injured or dies while working, a “worker’s compensation” claim can be made. Unlike other personal injury claims, this one doesn’t require you to prove someone else was careless.

      When Should I File a Claim?

      Personal Injury on Job Site

      Basically, there is a chance of filing a successful personal injury claim if you have been injured in an accident of any kind. If you have been injured due to the negligence or carelessness of someone else, it is imperative that you get in contact with a reputable personal injury attorney as soon as possible. The quicker you do this, the more likely it is that you’ll remember important details of the incident, and this will help your legal team make the case on your behalf.

      You may read articles online claiming it is possible to file a personal injury claim yourself. While this is certainly true, you are unlikely to receive the full amount of compensation you’re entitled to. What happens in these cases is that the claimant deals directly with the negligent party or insurance company, and the issue is settled out of court. The problem is that insurance companies are always looking out for themselves and will offer you an amount far below what you are actually entitled to.

      When you have an experienced attorney on your side, insurance companies will be unable to try their old tricks. If any of the following applies to you, get on the phone with an attorney today:

      • You have been injured in an accident and the other party has insufficient insurance on their vehicle, property, etc.
      • Your injuries require medical treatment and the insurance company is dragging its heels when it comes to paying up. As a result, you are getting medical bills that place you in an uncomfortable financial situation.
      • The party responsible for your injury has no insurance and you are not able to claim compensation from them.
      • An insurance company is bullying you into accepting a settlement.
      • You are confused by the situation and have no idea how to proceed. Many individuals who have suffered a personal injury are unaware of their rights and responsibilities after an accident.
      • If you have sustained injuries from an accident that require ongoing medical treatment.
      • The accident has left you with injuries that have hampered your quality of life.
      • The injuries have ensured you are unable to work for six or more months.

      What to Do After an Accident

      Car accident injury

      Please remember there is a statute of limitations in the state of Arizona. While you have two years to file a lawsuit related to a personal injury claim, it starts from the day of the accident. If you don’t discover an injury until a later date, however, it is possible the statute of limitations only begins from the date of this new discovery.

      If you have a claim against the state of Arizona, a city, or a county, you only have 180 days to file a formal claim and one year to file a lawsuit.

      When you decide to file a claim, you must be honest with your attorney from the beginning. If you withhold information and this comes to light during the trial, your case could be dismissed and you will receive no compensation. If you have been involved in an accident and wish to make a personal injury claim, follow these steps:

      • Write down everything you remember about the incident, including the time leading up to it and the aftermath. This can help show the court how the accident has affected your life.
      • Go to the doctor immediately. You may feel “fine” after an accident, but this doesn’t mean no injuries have been sustained. Certain injuries take a while to become obvious, and only a medical professional can discover such issues.
      • Take photographs of the scene of the accident and your injuries, if possible.
      • Get the contact details and names of any witnesses at the scene.
      • Never admit it was your fault.
      • Contact a trustworthy personal injury attorney as soon as you can. The quicker your legal team can put together a case, the less likely it is that vital testimony will be lost.

      The Legal Process

      Your attorney will begin the process with discovery, where he or she finds and shares information. In the majority of personal injury cases, things get settled once both parties have reviewed the information presented by the other legal team. At the end of the case, you receive financial compensation if the court finds in your favor. The settlement covers medical expenses, bills, financial loss due to the injury, and any other costs caused by the accident and subsequent injury.

      We have found that those who get fair treatment during the course of their lawsuits have an improved state of mind after the accident, and this helps immensely in the recovery process. If you believe you have a legitimate personal injury claim, get in touch with an attorney who regularly practices this type of law to ensure you receive the financial compensation needed to cover present and future costs.

      Resources

      The post How Do I Know If I Have a Personal Injury Case? appeared first on http://triallawyersaz.com.

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      The Consequences if Convicted of a DUI in Arizona http://triallawyersaz.com/negative-consequences-dui-conviction-arizona/ http://triallawyersaz.com/negative-consequences-dui-conviction-arizona/#comments Sun, 16 Mar 2014 02:12:30 +0000 http://triallawyersaz.com/?p=1966 One of the worst things you can do when arrested for DUI in Arizona is nothing. Most people are familiar with the typical fines and penalties associated with a DUI conviction, but few stop to consider the long-term negative consequences. Not only will you suffer financially, you could find your employment status, credit record, and […]

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      Car Keys, Gavel & Alcoholic Drink One of the worst things you can do when arrested for DUI in Arizona is nothing. Most people are familiar with the typical fines and penalties associated with a DUI conviction, but few stop to consider the long-term negative consequences. Not only will you suffer financially, you could find your employment status, credit record, and even your very reputation irreparably damaged.

      Immediate Consequences of a DUI Conviction in Arizona

      In Arizona, a standard DUI is classified as being caught driving a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. This level is lowered to 0.04 percent if you drive a commercial vehicle. An extreme DUI is the charge if your BAC is over 0.15 percent, and there is now a super extreme DUI if your BAC is above 0.2 percent. The immediate penalties are as follows:

      • Fines: These can range from a base fine of $250 for a first offense to over $2,400 if convicted of extreme or super extreme DUI. This does not include any payments for damages you may have caused.
      • Jail Time: In the state of Arizona, you can expect to spend a minimum of 10 days in jail if convicted for DUI for the very first time. A third DUI conviction will see you hit with a minimum of four months in jail.
      • Ignition Interlock Device: This is similar to a breathalyzer but is connected to your vehicle dashboard, and drivers previously convicted of DUI will be legally required to blow into the device before driving. If the IID finds your BAC to be above the legal limit, your vehicle will not start. You have to pay for installation, which is around $100, and another $50 to $100 per month as a “lease” payment.
      • License Suspension: Your license will be suspended for 90 days as a minimum on a first offense, and this rises to 12 months if you are a repeat offender. In some instances, your license may be revoked entirely.
      • Preventative Programs: The court’s sentence could also include programs for alcohol teaching and prevention. You may even be sentenced to community service.

      Employment Status

      However, the negative consequences of a DUI conviction in Arizona extend far beyond the immediate punishment. Here are five ways it hurts your employment status as well:

      1. License Suspension: Assuming you don’t get an exemption for work, a license suspension forces you to rely on public transportation or expensive taxis to get to work. It wreaks havoc with your schedule, and if your job requires you to drive, say hello to the unemployment line. Additionally, a DUI stays on your commercial driving record for decades, so getting another job in this field is nigh on impossible.
      2. Loss of Employment: An increasing number of organizations have mandatory firing policies, which allow them to terminate an employee’s contract for extreme misconduct and/or criminal convictions. If your company has such a policy, you are required to notify them immediately, and then you can expect to be fired.
      3. Job Applications: While not all employers ask about convictions and arrests, the vast majority will, and the DUI stays on your record for up to five years. Though they won’t tell you, the employer is likely to reject your application because of this, and you’ll never know whether or not you would have got the job otherwise.
      4. Missed Work: Even if you’re not fired, a DUI conviction will cause problems at work. There is the small matter of taking days off to go to court, and you may also be required to attend a program for alcohol treatment. Finally, you will miss work in Arizona since even a first DUI conviction will see you in jail for 10 days!

      Escalating Insurance Costs

      As your driving record will show insurers your DUI conviction, expect your rate to increase by an average of 25 to 35 percent, according to Bill Martin, a senior vice president at Farmers Insurance. However, it is not unusual for drivers to see their insurance quote double when it’s time for renewal, assuming the insurer even wants your business. The level of increase depends on a number of factors, including age, driving history, circumstances of arrest, and number of previous DUIs.

      Additionally, if you have been convicted of DUI in Arizona and are looking to renew your license, you need to get a form called (Certificate of Insurance) SR-22 from your insurance company to have your license suspension removed. The DMV needs this form as proof you have liability insurance. If your current insurer does not offer SR-22 policies, you will be forced to change insurers.

      Injury/Death

      Although Arizona has among the harshest set of DUI laws in the United States, accidents caused by drunk drivers are still a major problem. On the plus side, the absolute number of deaths due to drunk driving is down by 46 percent in the 2007 to 2012 timeframe, but the number of drunk driving deaths as a percentage of all road deaths in the state of Arizona has actually increased by over 7 percent from 2011 to 2012.

      In 2012, there were 227 road deaths due to drunk driving, over 5,400 alcohol-related crashes where the driver had a BAC of 0.1 percent or more, and over 30,000 arrests. Can you imagine how those who caused the deaths of others feel? It is common for people in such situations to suffer serious psychological trauma as they are unable to come to terms with what they did. Don’t allow yourself to endure this misery; next time you’ve had a few drinks and are tempted to drive, take a taxi or allow a sober and fully licensed friend to drive instead.

      There is simply too much to lose; the simple solution is to plan ahead and not drive if you intend on drinking alcohol or abstain and become a designated driver. With punishments including heavy fines, prison, potential loss of employment, and license suspension, a DUI in Arizona is a life-changing occurrence and one you want to avoid at all costs. If you believe you have been wrongfully arrested on a DUI charge, get in contact with knowledgeable DUI attorneys in Arizona to ensure you are not convicted.

      Resources

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      The Basics of Medical Malpractice and Negligence http://triallawyersaz.com/malpractice-negligence-need-know/ http://triallawyersaz.com/malpractice-negligence-need-know/#comments Thu, 20 Feb 2014 19:22:29 +0000 http://triallawyersaz.com/?p=1848 Medical malpractice is defined as improper, unskilled, or negligent treatment of a patient by a medical professional. Negligence is defined as a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. It is important to know and understand what these terms mean for anyone who comes in contact with […]

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      Medical malpractice is defined as improper, unskilled, or negligent treatment of a patient by a medical professional. Negligence is defined as a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. It is important to know and understand what these terms mean for anyone who comes in contact with medical professionals. As a patient, it is your responsibility to make sure you are aware of your rights when dealing with medical professionals.

      What Constitutes Medical Malpractice?

      Stethoscope & Gavel

      Medical malpractice occurs when errors are made in the treatment of a patient. This can occur for many reasons, but some of the primary ones are as follows:

      • A doctor making an incorrect decision, either intentionally or unintentionally.
      • A medical professional practicing medicine outside of his or her field.
      • Failure to obtain the proper consent required by law.
      • Negligent treatment of a patient.

      When any of these situations arise, the patient has the legal right to sue the appropriate medical professionals. In Arizona, according to the statute of limitations, a patient has two years after the cause of action accrues to file a medical malpractice case. Arizona does not limit the amount awarded for recovery of damages, as it is unconstitutional according to the state constitution.

      What Is Negligence According to Arizona Law?

      Negligence is a form of medical malpractice. It occurs when a doctor does not care for a patient in the way he or she should. According to the U.S. National Library of Medicine, “Expectations of a patient are two-fold: Doctors and hospitals are expected to provide medical treatment with all the knowledge and skill at their command, and secondly, they will not do anything to harm the patient in any manner either because of their negligence, carelessness, or reckless attitude of their staff.” When one of these expectations is not being met, it is possible that negligence has occurred. Negligence cannot be committed by a careful person who is being mindful and thoughtful in their duties.

      One way a doctor can be guilty of negligence is failing to obtain the proper consent. Patients are required to give informed consent before procedures are performed unless they are not able to do so. In that case, usually a family member or delegated person is able to provide consent for the individual. In emergency situations when no one is available to provide consent, there is implied consent to save a person’s life unless the patient has documentation indicating other instructions, such as a DNR.

      In conclusion, it is important to keep yourself well-informed as a patient. Knowing what to expect from your doctor and understanding his recommendation is not just important, it is your right in the state of Arizona. Staying educated and informed will ensure that you are getting the best care possible and that you have not fallen victim to medical malpractice.

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      Common Crimes Among College Students http://triallawyersaz.com/college-crimes-among-college-students/ http://triallawyersaz.com/college-crimes-among-college-students/#comments Thu, 06 Feb 2014 19:10:12 +0000 http://triallawyersaz.com/?p=1855 College is often a time for experimentation and learning your limits. Many students begin drinking and/or trying drugs for the first time in college. The crimes that are associated with the college party lifestyle come in a vast array of seriousness. Here are five crimes that are prevalent in the collegiate demographic. Public Intoxication Public […]

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      College is often a time for experimentation and learning your limits. Many students begin drinking and/or trying drugs for the first time in college. The crimes that are associated with the college party lifestyle come in a vast array of seriousness. Here are five crimes that are prevalent in the collegiate demographic.

      Public Intoxication

      Two College Girls Drinking

      Public intoxication in Arizona, also known as “drunk and disorderly,” is when a person is under the influence of alcohol or even drugs in a public place. The telltale signs of this offense often include lewd or disorderly behavior, a loud or obnoxious voice, or aggressive behavior. College students generally don’t have an extensive amount of experience drinking and may be more likely to underestimate their behavior because they don’t know the effects that alcohol may have on them.

      Minor in Possession

      Most students enter college at 18 years old. This means that for the first two or three years of their college experience, they are not old enough to drink in the United States. For this time period, college students are generally living on their own in dorms or apartments, and they feel like they are fully mature adults. This leads many students to drink prematurely. Purchasing a for a minor, or being under the age of 21 and in possession of alcohol, is illegal and may result in a Minor in Possession charge.

      Possession or Use of a Controlled Substance

      The term “controlled substance” means many things. We typically think of this term as referring to illegal drugs; however, this term can also be applied to the misuse of prescription medication. College students may feel the need to use drugs or medication to enhance their performance or to relieve stress. In recent years, drugs such as Ritalin have been used to help students focus for exams. Obtaining this medication or any drug illegally puts students at risk for serious criminal charges.

      Driving Under the Influence

      Handcuffs, Car Keys & Alcohol

      Among college-age people, there is a lot of buzz about DUIs. As many as one in four college students has admitted to driving after drinking. Drinking and driving can result in fatal collisions and is always a serious offense. Many college students do not have a good sense of how alcohol affects them, and because of this, they may think it is okay to drive when it is not. Most people don’t have a clear understanding of how their Blood Alcohol Content (BAC) fluctuates based on just a small amount of alcohol.

      Rape & Sexual Assault

      Rape is a crime that occurs in colleges more often than anyone would like to admit. As many as one in four college females will fall victim to rape, usually involving drugs or alcohol. This very serious crime occurs most often at parties when women are under the influence of drugs or alcohol. Men can also be victims of rape. Anyone who is intoxicated is not of a sound mental state to provide consent. Most rape cases go unreported due to the personal nature of the crime. Rape is usually committed by a person that is relatively close to the victim.

      Resources

      Bureau of Justice Statistics: Terms and Definitions
      Website

      National Institute of Alcohol Abuse and Alcoholism: Harmful Alcohol Use
      Website

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      Driving Under the Influence / DWI http://triallawyersaz.com/duidwi-legal-services/ http://triallawyersaz.com/duidwi-legal-services/#comments Sun, 08 Dec 2013 23:09:48 +0000 http://triallawyersaz.com/?p=797 Being charged with a DUI is a serious offense and one that shouldn’t be taken lightly. If charged with driving while impaired, blood alcohol above 0.08 percent, extreme DUI, or aggravated (felony) DUI, you should seek a DUI / DWI lawyer right away. The consequences of a DUI / DWI can be life altering. Do […]

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      Being charged with a DUI is a serious offense and one that shouldn’t be taken lightly. If charged with driving while impaired, blood alcohol above 0.08 percent, extreme DUI, or aggravated (felony) DUI, you should seek a DUI / DWI lawyer right away. The consequences of a DUI / DWI can be life altering. Do not try to represent yourself. Contact one of our experienced trial laywers, who are well-versed with Arizona laws, to negotiate with the state on your behalf.

      Learn More

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      Speeding Infractions in Arizona FAQs http://triallawyersaz.com/faq-speeding-infractions-in-arizona/ http://triallawyersaz.com/faq-speeding-infractions-in-arizona/#comments Mon, 02 Dec 2013 13:21:35 +0000 http://triallawyersaz.com/?p=370 The Law Office of Gonzales & Poirier is located in beautiful Flagstaff, Arizona. Flagstaff is the crossroads for two major interstates, I-17 and I-40. It also is a travel destination for millions of people around the world who stop for a visit on their way to the Grand Canyon, Sedona, or Las Vegas. If your […]

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      Woman Receiving Speeding Ticket in Arizona

      If you’ve received a speeding ticket in Arizona, you may also have questions regarding the charges. If so, continue reading our collection of FAQs in regards to traffic fines and penalties.


      The Law Office of Gonzales & Poirier is located in beautiful Flagstaff, Arizona. Flagstaff is the crossroads for two major interstates, I-17 and I-40. It also is a travel destination for millions of people around the world who stop for a visit on their way to the Grand Canyon, Sedona, or Las Vegas. If your coming to visit Flagstaff you most likely will arrive by car. If you arrive by car you need to make sure you follow all applicable traffic laws. If you do obtain a traffic ticket, the Law Office of Gonzales & Poirier can help you. Call 928-774-5400 and ask to speak to Tony, Matt, or Daniel. Remember traffic infractions could have serious consequences towards your right to drive.

      Q&A – Arizona Traffic Offenses

      Below are commonly asked questions related to traffic offenses.

      Q. Do I need an attorney for a civil traffic or criminal traffic offense?

      A. Traffic offense can be simple or extremely complicated and you may need an attorney to protect your rights and driving privileges. After reading this FAQ, if you feel you need an attorney immediately contact the Law Offices of Gonzales and Poirier L.L.C. to speak to one of our three experienced criminal/traffic attorney’s.

       

      Q. I received a civil traffic citation, what can I do?

      A. You can do the following:

      • Attend defensive driving school
      • Admit responsibility and pay the civil penalty
      • Deny responsibility and request a hearing

       

      Q. What happens if I attend defensive driving school?

      A. If you eligible to attend defensive driving school, you will not have to make a court appearance if you attend the class before your scheduled court date. If you fail to attend defensive driving school before your court date you must appear in court and request permission to attend driving school.

       

      Q. Am I eligible to take defensive driving school for my traffic ticket?

      A. In order to be eligible for defensive driving course you must meet certain requirements:

      • You have not attended a defensive driving course for a traffic citation within the past 24 months
      • Your citation must be eligible for defensive driving course
      • You may only attend for one violation only
      • You must complete the course at least 7 days prior to your court date
      • If you have a commercial driver’s license you are not eligible to attend Defensive Driving School

       

      Q. I am from out of state are there additional requirements I must fulfill?

      A. The above factors apply and you must also:

      • Contact an Arizona Certified Defensive Driving School
      • You may take an internet class
      • You may return to Arizona to take the class
      • You can attend a class in your home state only if it is coordinated through an Arizona Certified School

       

      Q. Where can I attend defensive driving school for Coconino County?

      A. This is a list of certified defensive driving schools accepted in Coconino County:

      • Verde Valley Defensive Driving School 928-284-2190 (English)
      • Roadrunner Traffic School 623-398-6590 602-441-3866 (English)
      • 2 Go 2 Defensive Driving 520-449-8788 (English), 855-218-2007 (Spanish)
      • U-Save…Easy 4U…Fun 2 Arizona Defensive Driving Online 888-554-7659, 877-347-5178 (English)
      • TrafficSchoolOnline.com 877-805-0005, 800-800-3579 (English)
      • Arizona Traffic Schools, LLC 480-857-4000 (English), 520-792-0400 (Spanish)
      • EZ AZ Traffic School 877-303-3929 (English), 520-207-3200 (Spanish)
      • National Traffic Safety Institute 520-547-2500 (English), 800-726-6874 (Spanish)
      • Arizona-Express In-N-Out Defensive Driving Online 800-554-2718, 888-554-2718 (English)

       

      Q. What if I have a civil traffic violation and I deny responsibility and request a hearing?

      A. You will have a civil traffic trial in front of a judge. The officer who issued you a ticket will be subpoenaed to testify and give evidence against you and you may present evidence. The judge will either find you responsible or not responsible. If found responsible you will be assessed a fine and MVD will be notified of the offense.

       

      Q. What if I admit responsibility and pay the civil penalty?

      A. You can pay the listed fine and mail the payment to the court before your court date or appear on your court date and pay the fine.

       

      Q. What laws apply to traffic offenses?

      A. Arizona has special Rules of Procedure in Traffic Cases and Boating Cases.

       

      Q. What happens if I have a criminal traffic violation?

      A. You must appear before a judge for your initial appearance at which time you can:

      • Plead guilty, meaning you admit that you committed the crime on the ticket
      • Plead not guilty, meaning you deny you committed the crime

       

      Q. I just plead guilty for a criminal traffic violation, what are the consequences?

      A. The court can impose:

      • A fine
      • Suspension or restriction of your driving privileges
      • Jail
      • Community service
      • Court-ordered education classes
      • Notify MVD that you plead guilty to a traffic offense, which could result in points on your driving record

       

      Q. I just plead not guilty for a criminal traffic violation, what happens next?

      A. The court can either set:

      • A pre-trial conference where you meet with the prosecutor and a plea may be given
      • Set it for trial where the State will have to prove beyond a reasonable doubt that you committed the offense

       

      Q. What happens at a criminal traffic trial?

      A. A trial is held before a judge and the prosecutor must prove beyond a reasonable doubt with evidence that you committed the crime. After the prosecutor “rests” his case the defendant has the opportunity to present evidence. After the trial the judge will find you either guilty or not guilty.

       

      Q. What rights do I have in a criminal traffic trial?

      A. You have the following rights guaranteed under the US Constitution:

      • The right to a trial before a judge
      • The right to be represented by an attorney at all stages of your case
      • The right to confront and cross-examine witnesses as to the truthfulness of their testimony
      • Right to subpoena witnesses
      • The right to remain silent
      • The right to be presumed innocent until proven guilty beyond a reasonable doubt
      • The right to an appeal

       

      Q. What if I fail to appear at court or fail to pay my fine?

      A. If you fail to appear or fail to pay a fine a judgment can be entered against you, a warrant for you arrest may be issues and the court will report your failure to appear/pay to MVD and direct your license be suspended.

      The post Speeding Infractions in Arizona FAQs appeared first on http://triallawyersaz.com.

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      Foreclosure, Deed in Lieu of Foreclosure, or Short Sale. Who Wins? http://triallawyersaz.com/foreclosure-deed-in-lieu-of-foreclosure-or-short-sale-who-wins/ http://triallawyersaz.com/foreclosure-deed-in-lieu-of-foreclosure-or-short-sale-who-wins/#comments Mon, 02 Dec 2013 13:18:50 +0000 http://triallawyersaz.com/?p=368 I am often asked by people who cannot afford to stay in their home what options are available. Some property owners are paying their mortgages[1], while others have stopped. Property owners recognize that others are freeing themselves from large house payments. They ask themselves, “Why am I paying more than my neighbor?” Undoubtedly, this conundrum […]

      The post Foreclosure, Deed in Lieu of Foreclosure, or Short Sale. Who Wins? appeared first on http://triallawyersaz.com.

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      Home in Foreclosure

      If you are facing a foreclosure, but are unaware of what your options and legal rights are, you should speak with an attorney at Gonzales & Poirier, PLLC about your case today.

      I am often asked by people who cannot afford to stay in their home what options are available. Some property owners are paying their mortgages[1], while others have stopped. Property owners recognize that others are freeing themselves from large house payments. They ask themselves, “Why am I paying more than my neighbor?” Undoubtedly, this conundrum causes people to reconsider making their payment. Knowing that many people are in this quandary, I will give some insight into these difficult questions.

      Should I pay my mortgage or not? Paying your mortgage ensures your ability to continue residing in your property. By not paying, you may lose your home through foreclosure. During a foreclosure, a lender sells the property to itself or to the highest bidder. In Arizona, this process is called a “trustee sale”. When a property sells for less than the amount owed, the difference is called a “deficiency.” In Arizona, a property owner is not liable for any deficiency after a trustee sale, if the following applies: the loan must have been secured to pay part of the balance of the purchase price; the property is a one or two family dwelling on two and one-half acres or less; and is occasionally occupied.

      After a foreclosure, a property owner is not entirely free from obligations. The lender will send the property owner a “Form 1099-C: Cancellation of Debt” for that year, and the deficiency is taxable as ordinary income. Fortunately, under the Mortgage Forgiveness Debt Relief Act of 2007, property owners who purchased their homes after January 1, 2007, and before January 1, 2010, will not be subject to taxable income if their property is foreclosed on or before the end of 2012.

      The stigma of having a foreclosure or the damage to one’s credit has caused many distressed property owners to consider alternatives. Such alternatives include a short sale or deed in lieu of foreclosure. In a short sale, a property owner lists their property for sale at a marketable price, far below the loan’s pay off balance. A deed in lieu of foreclosure is where the property owner simply hands over the keys to the lender. For both alternatives, the lender’s approval is required.

      A short sale allows a property owner to sell their own property for less than the amount owed. However, by its very nature, there will be a deficiency after the short sale. Arizona’s anti-deficiency statute does not apply to short sales or a deed in lieu of foreclosure because it is limited to foreclosures. As a result, the short sale is conditioned on the property owner’s ability to resolve the deficiency. A property owner will have to negotiate payment terms for the deficiency. If the lender forgives any of the deficiency, the property owner will receive a Form-1099C. The Mortgage Relief Act of 2007 applies to short sales and a deed lieu of foreclosure if the deficiency is forgiven by the lender.

      A deed in lieu of foreclosure allows that property owner to give the property to the lender. This process is much simpler than a short sale or foreclosure. The downfall is that if the lender does not consider the loan as paid in full, it may ask the property owner to pay the deficiency between the value of the property and the loan balance. If the lender forgives any of the deficiency, the property owner will receive a Form-1099C.

      So who wins? There are many factors that may change one’s ability to receive relief from a distressed property that I did not touch upon in this article. There is no specific answer to “who wins” in the mortgage crisis. This article was intended to provide an overview, and each property owner’s situation is unique and different. Anyone considering a short sale or deed in lieu of a foreclosure, or who is in foreclosure proceedings, should consult a realtor, an attorney and a tax professional.

      Owning a home is part of the American Dream as the economy has changed since 2008 many Americans have found it hard to hold on to their part of the American Dream. If you need assistance or have questions about the foreclosure or short sale process, call us at 928-774-5400.

      The post Foreclosure, Deed in Lieu of Foreclosure, or Short Sale. Who Wins? appeared first on http://triallawyersaz.com.

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      “Dream Act” – Do you Qualify? http://triallawyersaz.com/dream-act-do-you-qualify/ http://triallawyersaz.com/dream-act-do-you-qualify/#comments Mon, 02 Dec 2013 13:15:30 +0000 http://triallawyersaz.com/?p=366   Janet Napolitano, Secretary of Homeland Security, issued a memorandum on June 15, 2012 that is likely to result in the issuance of thousands of work “visas” to certain categories undocumented persons. In a nutshell, the executive branch has decided not to fully enforce federal immigration laws against individuals who: Came to the United States […]

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      Janet Napolitano - Secretary of the Department of Homeland Security

      Janet Napolitano, Secretary of the Department of Homeland Security, issues a memorandum regarding visas for undocumented workers that meet certain criteria.

       

      Janet Napolitano, Secretary of Homeland Security, issued a memorandum on June 15, 2012 that is likely to result in the issuance of thousands of work “visas” to certain categories undocumented persons.

      In a nutshell, the executive branch has decided not to fully enforce federal immigration laws against individuals who:

      • Came to the United States under the age of sixteen;
      • Have continuously resided in the United States for at least five years preceding the date of June 15, 2012 and are present in the United States on June 15, 2012;
      • Are currently in school, has graduated from high school, has obtained a GED, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
      • Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offense, or otherwise pose a threat to national security or public safety; and
      • Are not above the age of thirty.

      The specific application is to be published in the coming weeks, but early indications are that the above-described individuals will be issued permission to be in the United States for the next two years and may also apply for permission to work. This memo can be found at www.dhs.gov and it describes other categories of individuals who may also be eligible. Napolitano is careful to point out that this process called “deferred action” does not confer any permanent immigration rights to the individual. In other words, only Congress may pass a law regarding immigration status, but the executive branch may choose how to enforce or not to enforce the law.

      Applicants and their employers must understand that since this is not a law, it could be subject to change in the near future, especially if we have a new president. People who were brought into the United States without permission as children are loosely referred to as “dreamers” after the proposed legislation called the “Dream Act” which failed to pass in recent years. Dreamers and their employers should realize though, that it is also possible that the policy may expand and improve from the perspective of a dreamer or it may become more restrictive. Mit Romney has not been too specific about whether he would terminate the deferred action program if he were elected, but he has indicated that he would seek to push comprehensive immigration reform through Congress. Senator Marco Rubio (R-Fla), has been an outspoken opponent of the Obama Administration’s deferred action policy calling it a short-term answer to a long-term problem. Rubio, the son of Cuban immigrants, is pushing for a legislative solution that will strike a balance between helping dreamers and not encouraging future illegal immigration.

      Even though there seems to be an air of compromise emerging from Washington regarding dreamers, if employers want to hire and train dreamers, one would be wise to pay attention to politics in such a fluid situation. Nonetheless, the new policy will be a welcome relief for thousands of dreamers who want to work legally but choose to risk using false social security numbers to work (which can cause problems for the real owner of the number or, in some cases, improve a credit rating), or are paid under the table, or do not work at all.

      If you believe that you qualify under the “Dream Act” contact the Law Office of Gonzales and Poirier and ask to speak to Matt Poirier, Esq. or Jake at 928-774-5400 Se habla espanol.

      The “Dream Act” is constantly being updated, for the most upto date information see Department of Homeland Security and search for the term “deferred action”.

      Matt Poirier, Esq.

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      Theft Class 6 Felony – Results Deferred Prosecution http://triallawyersaz.com/theft-class-6-felony-results-deferred-prosection/ http://triallawyersaz.com/theft-class-6-felony-results-deferred-prosection/#comments Mon, 02 Dec 2013 13:12:54 +0000 http://triallawyersaz.com/?p=363 Our client was accused of theft as a class 6 open felony in Coconino County Superior Court. Matt Porier, Esq., was able to obtain our client a Deferred Prosecution by arguing legal issues and flaws in the State’s case. What is a deferred prosecution? Deferred prosecution is a legal agreement entered between the State and […]

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      Judge Proceeding Over Criminal Case

      The Law Office of Gonzales & Poirier argue specific legal issues and flaws in the state’s case for a client facing a Class 6 felony and manages to get deferred prosecution.

      Our client was accused of theft as a class 6 open felony in Coconino County Superior Court. Matt Porier, Esq., was able to obtain our client a Deferred Prosecution by arguing legal issues and flaws in the State’s case.

      What is a deferred prosecution? Deferred prosecution is a legal agreement entered between the State and the Defendant, where the Defendant agrees to complete certain requirements as required by the State, within a certain time frame. Usually, deferred prosecution agreements are tailored to each case. As an example, if you have a drug offense you may have to show proof of completion of substance abuse counseling. Deferred prosecution agreements will also have stipulations that the Defendant stays out of trouble, pay a fine and a term of probation. Once all the agreements are met, the State will dismiss the case against the Defendant with prejudice, meaning they cannot pursue a case against you in the future. If you have any questions about your criminal law case or questions about deferred prosecution, contact the Law Office of Gonzales and Poirier at 928-774-5400 or visit our website.

      The post Theft Class 6 Felony – Results Deferred Prosecution appeared first on http://triallawyersaz.com.

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      Bikers/Bicyclist – Know Your Rights! http://triallawyersaz.com/bikersbicyclist-know-your-rights/ http://triallawyersaz.com/bikersbicyclist-know-your-rights/#comments Mon, 02 Dec 2013 13:07:31 +0000 http://triallawyersaz.com/?p=361 The Law Office of Gonzales and Poirier hopes everyone has a safe summer and fall on two wheels. The weather is nice and school just started for FUSD, NAU and CCC, which means there are a lot of bikers on the road. Generally, Flagstaff usually reports 70-80 car and bicycle accidents a year. If you […]

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      Man Riding Bike Up Mountain Road in Flagstaff

      If you’re a serious bike rider, it is important that you know the traffic laws that must be obeyed and that you know your rights as a cyclist.

      The Law Office of Gonzales and Poirier hopes everyone has a safe summer and fall on two wheels. The weather is nice and school just started for FUSD, NAU and CCC, which means there are a lot of bikers on the road. Generally, Flagstaff usually reports 70-80 car and bicycle accidents a year.

      If you are one of the 6% of the Flagstaff residents who bike to work and school, you should know your rights as a bicyclist. If you have been injured in a bike accident by the negligence of somebody else, call the Law Office of Gonzales and Poirier and ask to speak to one of our attorneys: Matt, Tony or Daniel. Bikes are highly regulated in Arizona and this is a small list of applicable bike laws:

      A.R.S § 28-101(6) defines bicycle as: a device, including a racing wheelchair, that is propelled by human power and on which a person may ride and that has either:

      (a) Two tandem wheels, either of which is more than sixteen inches in diameter.

      (b) Three wheels in contact with the ground, any of which is more than sixteen inches in diameter.

      A.R.S § 28-756. Method of giving hand and arm signals

      A. Except as provided by subsection B, a person shall give all hand and arm signals required by this article from the left side of the vehicle in the following manner, and the signals shall indicate as follows:

      1. Left turn. Hand and arm extended horizontally.
      2.  Right turn. Hand and arm extended upward.
      3. Stop or decrease speed. Hand and arm extended downward.

      B. A person operating a bicycle may give a right turn signal by extending the right hand and arm horizontally to the right side of the bicycle.

      A.R.S. § 28-811. Parent and guardian responsibility; applicability of article

      A. The parent of a child and the guardian of a ward shall not authorize or knowingly permit the child or ward to violate this chapter.

      B. Except as otherwise provided in this article, this chapter applies to a bicycle when it is operated on a highway or on a path set aside for the exclusive use of bicycles.

      A.R.S. § 28-812. Applicability of traffic laws to bicycle riders

      A person riding a bicycle on a roadway or on a shoulder adjoining a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter and chapters 4 and 5 of this title, except special rules in this article and except provisions of this chapter and chapters 4 and 5 of this title that by their nature can have no application.

      A.R.S. § 28-813. Riding on bicycles

      A. A person propelling a bicycle shall not ride other than on or astride a permanent and regular seat attached to the bicycle.

      B. A person shall not use a bicycle to carry more persons at one time than the number for which it is designed and equipped.

      A.R.S. § 28-814. Clinging to vehicle

      A person riding on a bicycle, coaster, sled or toy vehicle or on roller skates shall not attach the bicycle, coaster, sled, toy vehicle or roller skates or that person to a vehicle on a roadway.

      A.R.S. § 28-815. Riding on roadway and bicycle path; bicycle path usage

      A. A person riding a bicycle on a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following situations:

      1. If overtaking and passing another bicycle or vehicle proceeding in the same direction.
      2. If preparing for a left turn at an intersection or into a private road or driveway.
      3. If reasonably necessary to avoid conditions, including fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals or surface hazards.
      4. If the lane in which the person is operating the bicycle is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.

      B. Persons riding bicycles on a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

      C. A path or lane that is designated as a bicycle path or lane by state or local authorities is for the exclusive use of bicycles even though other uses are permitted pursuant to subsection D or are otherwise permitted by state or local authorities.

      D. A person shall not operate, stop, park or leave standing a vehicle in a path or lane designated as a bicycle path or lane by a state or local authority except in the case of emergency or for crossing the path or lane to gain access to a public or private road or driveway.

      E. Subsection D does not prohibit the use of the path or lane by the appropriate local authority.

      A.R.S. § 28-816. Carrying article on bicycle

      A person shall not carry a package, bundle or article while operating a bicycle if the package, bundle or article prevents the driver from keeping at least one hand on the handlebars.

      A.R.S. § 28-817. Bicycle equipment

      1. A bicycle that is used at nighttime shall have a lamp on the front that emits a white light visible from a distance of at least five hundred feet to the front and a red reflector on the rear of a type that is approved by the department and that is visible from all distances from fifty feet to three hundred feet to the rear when the reflector is directly in front of lawful upper beams of head lamps on a motor vehicle. A bicycle may have a lamp that emits a red light visible from a distance of five hundred feet to the rear in addition to the red reflector.
      2. A person shall not operate a bicycle that is equipped with a siren or whistle.
      3. A bicycle shall be equipped with a brake that enables the operator to make the braked wheels skid on dry, level, clean pavement.

      These are the most cited statutes pertaining to bicycles in the Arizona Revised Statutes. However, the legislative branch allows local government to regulate bicycles. Under the City of Flagstaff Ordinances, these are the applicable ordinances that apply to use of bikes within the City of Flagstaff.

      Section 9-05-001-0001 Application of Provisions

      1. The parent of a child and the guardian of a ward shall not authorize or knowingly permit the child or ward to violate any of the provisions of this Chapter.
      2. The regulations of this Chapter in their application to bicycles shall apply when a bicycle is operated upon any roadway, path, or sidewalk subject to those exceptions stated in this Chapter.
      3. The regulations of this Chapter shall not apply to exempt vehicles when they are used for the purposes for which they are intended.

      Section 9-04-001-0002 Definitions

      For the purposes of this Chapter:

      A. “Bicycle” means a device, including a racing wheelchair, that is propelled by human power and on which a person may ride and that has either:

      1. Two tandem wheels, either of which is more than sixteen inches in diameter.
      2. Three wheels in contact with the ground, any of which is more than sixteen inches in diameter.

      Section 9-05-001-0003 Traffic Laws Apply

      Every person riding a bicycle upon a roadway is granted all the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Chapter, except as to special regulations in this Chapter and except as to those provisions of this Chapter which by their nature can have no application.

      Section 9-05-001-0004 Riding on Bicycles

      • A person riding a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
      • No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
      • No person riding upon any bicycle, skateboard or play vehicle shall attach the same or themselves to any vehicle upon a roadway.
      • No person operating a bicycle shall carry any package or article which prevents the driver from keeping at least one hand upon the handlebars.
      • No person shall operate a bicycle at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing, or in excess of the posted speed limit.

      Section 9-05-001-0005 Riding on Roadways and Bicycle Lanes

      A. A person riding a bicycle on the roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following situations:

      • If overtaking and passing another bicycle or vehicle proceeding in the same direction.
      • If preparing for a left turn at an intersection or into a private road or driveway.
      • If reasonably necessary to avoid conditions, including fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, snow and ice, or surface hazards.
      • If the lane in which the person is operating the bicycle is too narrow for a bicycle and a vehicle to travel side by side within the lane.
      • When proceeding straight, through an area where a right-turn is permitted, in order to avoid conflicts with right-turning vehicles.

      B. When parking is allowed along the roadway, then the “right side of the roadway” shall be deemed to be to the left of any parked vehicles or parking lane, including the area occupied by open car doors, or to the right of any parked vehicles or parking lane on the left side of one-way streets.

      C. Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

      Section 9-05-001-0006 Equipment

      • Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet (500′) to the front and with a red reflector on the rear of a type approved by the Arizona Department of Transportation, which shall be visible from all distances from fifty feet (50′) to three hundred feet (300′) to the rear, when directly in front of lawful upper beams of headlamps on motor vehicles. A lamp emitting a red light visible from a distance of five hundred feet (500′) to the rear may be used in addition to the red reflector.
      • Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

      Section 9-05-001-0007 Riding on Sidewalks

      A. Where signs are erected giving notice thereof, no person shall ride a bicycle, skateboard, or play vehicle upon a sidewalk. This prohibition shall also apply to any bicycle, skateboard or play vehicle which is equipped with or assisted by a motor. Signs prohibiting such activity shall be installed at locations as directed by the Office of the Traffic Engineer.

      B. A person riding a bicycle, skateboard, or play vehicle upon any public sidewalk shall be subject to the following provisions:

      1.  A person riding a bicycle, skateboard, or play vehicle on a sidewalk shall yield the right-of-way to all pedestrians and exempt vehicles.
      2. Such person shall give an audible signal before overtaking and passing any pedestrian or exempt vehicle traveling in the same direction on the sidewalk.
      3. No person shall operate a bicycle on a sidewalk at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing.

      C. Penalty. Violation of any of the provisions of 9-05-001-0007 by any person shall be a civil traffic offense punishable by a fine of not less than twenty-five dollars ($25.00) nor more than seventy-five dollars ($75.00) for each offense.

      Section 9-05-001-0008 Riding on Paths

      A. A person riding a bicycle, skateboard, or play vehicle on a path shall yield the right-of-way to all pedestrians and exempt vehicles.
      B. Such person shall give an audible signal before overtaking and passing any pedestrian or exempt vehicle traveling in the same direction on the path.

      Section 9-05-001-0009 Voluntary Bicycle Registration

      The Chief of Police, or his or her designee, is hereby authorized and directed to issue, upon written application, bicycle registration tags. The Chief of Police shall designate and provide tags for the use of the registrant, direct the manner of placing such tags on the bicycles by the registrants, and keep a record of the name of the registrant, the number of the tag, the date of issuance of the tag, and pertinent information about the bicycle. A fee may be charged for registration and the tag.

      Section 9-05-001-0010 Bicycle Helmets/Protective Equipment

      • It shall be unlawful for any person under eighteen (18) years of age to operate or ride upon a bicycle on any highway, street, road, sidewalk, bike-way or trail, unless that person wears a protective helmet that is properly fitted and fastened.
      • No parent or guardian of any unemancipated minor under eighteen (18) years of age shall knowingly allow the minor to violate this section.
      • Violation of this section shall constitute a civil traffic offense and shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than seventy-five dollars ($75.00) for each offense.
      • The first time a person is charged with a violation of this section the Court may dismiss the charge upon presentation of evidence that the person has purchased or obtained a protective helmet.
      • For purposes of this section “protective bicycle helmet” means a helmet containing a manufacturer’s certification that it meets the standards of either the American National Standards Institute (ANSI), the American Society for Testing and Materials (ASTM), or the United States Consumer Product Safety Commission (CPSC).
      • Except as authorized by A.R.S. § 28-1599, a violation of this ordinance cannot be used as evidence of negligence or comparative negligence in a subsequent civil or criminal proceeding.

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      Car Accident Settles for $63,000 http://triallawyersaz.com/car-accident-settles-for-63000/ http://triallawyersaz.com/car-accident-settles-for-63000/#comments Mon, 02 Dec 2013 13:02:42 +0000 http://triallawyersaz.com/?p=359 Our client was involved in a car accident, where the defendant slammed into the back of clients car at 15 mph. Client suffered injuries to neck, chest and back. Through the dedication and advocacy of Tony Gonzales, Esq. our client received $63,000, which compensated her for her medical bills, injuries, lost wages, and pain and […]

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      Woman Wearing Neck Brace After Car Accident

      If you’ve been injured in a car accident, don’t deal with the other driver’s insurance agency by yourself, allow an experienced law team to fight for you.

      Our client was involved in a car accident, where the defendant slammed into the back of clients car at 15 mph. Client suffered injuries to neck, chest and back. Through the dedication and advocacy of Tony Gonzales, Esq. our client received $63,000, which compensated her for her medical bills, injuries, lost wages, and pain and suffering.

      The post Car Accident Settles for $63,000 appeared first on http://triallawyersaz.com.

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      Can You Destroy Your Juvenile Record? http://triallawyersaz.com/can-you-destroy-your-juvenile-record/ http://triallawyersaz.com/can-you-destroy-your-juvenile-record/#comments Mon, 02 Dec 2013 12:37:35 +0000 http://triallawyersaz.com/?p=357 Under A.R.S. 8-349 adults who have juvenile records can apply to have their records destroyed by the juvenile court that placed them on probation. In order to qualify for the destruction of your juvenile records you need: To be at least 18 years old You were not convicted of a felony offense or adjudicated delinquent […]

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      Juvenile Criminal Defendant

      If you’ve been convicted of a crime as a juvenile, you may be able to have your record destroyed if you meet certain criteria.

      Under A.R.S. 8-349 adults who have juvenile records can apply to have their records destroyed by the juvenile court that placed them on probation. In order to qualify for the destruction of your juvenile records you need:

      • To be at least 18 years old
      • You were not convicted of a felony offense or adjudicated delinquent for an offense listed in A.R.S. 13-501, subsection A or B or title 28, chapter 4
      • You do not have a criminal charge pending
      • You successfully completed all the terms and conditions of probation or you were successfully discharged from the department of juvenile correction, or you successfully completed your individual treatment plan
      • You paid all restitution and monetary assessments in full
      • The destruction of record is in interest of justice and furthers the rehabilitation process

      Under A.R.S. 8-349 do you qualify to have your juvenile records destroyed? Having a prior juvenile criminal history could have serious implications in your future. If you have questions or need assistance in destroying your juvenile records, contact Daniel at Gonzales and Poirier at 928-774-5400 or to learn more visit our website. Daniel has 6 years as a prosecutor of which he specialized in juvenile law for three years.

      For more information on destroying your juvenile record and juvenile cases in general see, askthejudge.info and for information on Coconino County Juvenile Court, click here.

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      Not Guilty Plea – Disorderly Conduct Class 1 Misdemeanor http://triallawyersaz.com/not-guilty-plea-disorderly-conduct-class-1-misdemeanor/ http://triallawyersaz.com/not-guilty-plea-disorderly-conduct-class-1-misdemeanor/#comments Mon, 02 Dec 2013 12:35:27 +0000 http://triallawyersaz.com/?p=355 Our client was charged with disorderly conduct, a class one misdemeanor, for getting into an argument with his neighbor about a barking dog. The State wanted our client to plead guilty to the charges. Instead, we took the case to trial. Matt presented a compelling argument and showed flaws in the State’s case, which results […]

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      Man Celebrating Not Guilty Decision

      Gonzales & Poirier, PLLC client charged with a Class 1 misdemeanor for disorderly conduct receives not guilty decision after the facts are brought to light during trial.

      Our client was charged with disorderly conduct, a class one misdemeanor, for getting into an argument with his neighbor about a barking dog.

      The State wanted our client to plead guilty to the charges. Instead, we took the case to trial. Matt presented a compelling argument and showed flaws in the State’s case, which results in a defense verdict of NOT GUILTY! If you think you need legal representation or want to speak to an attorney about your criminal case call the Law Office of Gonzales and Poirier at 928-774-5400 or by visiting our website.

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      Should I Hire an Attorney? http://triallawyersaz.com/should-i-hire-an-attorney/ http://triallawyersaz.com/should-i-hire-an-attorney/#comments Mon, 02 Dec 2013 12:32:36 +0000 http://triallawyersaz.com/?p=353 Reasons Why You Should Hire an Attorney After you or a loved one has been injured in an accident, you may be entitled to payment for damages. Injuries may require medical and chiropractic care that cost money. In addition, the law allows people to recover money for their pain and suffering, emotional distress, loss of […]

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      Man Shaking Hands with an Attorney

      Depending on your circumstances and the severity of the charges you’re facing, you may need to obtain professional legal counsel. Seek a free consultation from a lawyer to know for sure.

      Reasons Why You Should Hire an Attorney

      After you or a loved one has been injured in an accident, you may be entitled to payment for damages. Injuries may require medical and chiropractic care that cost money. In addition, the law allows people to recover money for their pain and suffering, emotional distress, loss of consortium, lost wages and loss of enjoyment of life. The insurance company for the responsible party should be paying the damages. So the question that always follows an accident is, “Do I need a lawyer?”

      Hiring a lawyer to help you work through your injury case may be the best decision you make. Trying to handle your case yourself will not serve your interests. Lawyers will act as a consultant and provide you answers to any questions you may have after an injury. When you are done treating for your injuries, your lawyer will make a demand for payment from the other party’s insurance company.

      It is important to hire a lawyer with experience in the courtroom and experience with arbitration and mediation. Hiring a lawyer without experience will cause insurance companies to undervalue your case. You may be thinking, “Where do I look?” Some people look in phonebooks and search Google for lawyers. This may not be the best way to find a lawyer. Ask your doctor or chiropractor who they would recommend. You want a lawyer that will be fair and honest, and one whose main concern is putting money in your pocket. Lawyers often lose sight of the fact that they were not the ones injured – the client was injured. This is why you need to rely upon the referrals of others who have been through the same ordeal or who have treated those in similar situations.

      Should I Hire an Attorney?

      The lawyers at Gonzales & Poirier have successfully represented hundreds of clients. Each case is handled with extraordinary care. The client’s interests are priority, not the lawyers. We almost always cut our fee to make sure you receive as much money as possible in any settlement. Sure there are times that our firm will not reduce our fees, but these are cases where we expend hundreds of hours of attorney time. Otherwise, we want you to have a good experience. Our firm handles all types of accident cases such as automobile and motorcycle accidents, truck and bus accidents, slip & fall, medical malpractice, wrongful death and other types of personal injury cases. We handle cases in Flagstaff, Holbrook, Winslow, Williams, Sedona, Cottonwood, Prescott and other parts of the State.

      Call the Law Office of Gonzales & Poirier at 928-664-5400 to talk to one of our attorney’s or to schedule an appointment in our Flagstaff or Cottonwood office. To learn more visit our website.

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      Yelp Me! I Got a Bad Review On Social Media http://triallawyersaz.com/yelp-me-i-got-a-bad-review-on-social-media/ http://triallawyersaz.com/yelp-me-i-got-a-bad-review-on-social-media/#comments Mon, 02 Dec 2013 12:30:28 +0000 http://triallawyersaz.com/?p=350 As the saying goes your reputation precedes you. In today’s online world the potential new customer might know everything about you because of your cyber reputation. We all use them—social applications to help us find a good place to grab a burger, lay our tired heads, balance a messy check book or fix that fussy […]

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      Review Card with Poor Selected

      If you or your business has been slammed by a former customer on a major review website, you may be able to take legal action to prevent the slanderous comment from being seen by others.

      As the saying goes your reputation precedes you. In today’s online world the potential new customer might know everything about you because of your cyber reputation. We all use them—social applications to help us find a good place to grab a burger, lay our tired heads, balance a messy check book or fix that fussy faucet. Mixed in with the great reviews are the bad ones that make you cringe, but more importantly they may make you question if you should patronize that business. Whether it’s a complaint about long lines, dirty linens, high prices and small portions, or just total incompetence, you wonder should I really spend my hard earned money there.

      Since Gutenberg’s invention of the printing press only the internet has rivaled the printing press’s ability to mass communicate thoughts, ideas and opinions. For example, Yelp.com is a popular website where, according to Yelp, 71 million users read reviews before making a purchasing decision. But what happens when a business owner disagrees with that bad review or believes it to be a lie? If I were an owner of a business, the first thing that would go through my mind would be “let’s sue Yelp because that’s defamation”. In Arizona for a statement to be defamatory the “publication must be false and must bring the defamed person into disrepute, contempt, or ridicule, or must impeach plaintiff’s honesty, integrity, virtue, or reputation.” Godbehere v. Phoenix Newspapers, Inc. , 162 Ariz. 335, 341, 783 P.2d 781, 787 (1989). Of course, the truth will set you free in a defamation lawsuit.

      If you disagree with that review, you might think you can sue Yelp because they published the review. You might be chasing good money with bad. In 1996, Congress recognized the importance of protecting online speech, passed section 230 of the Communication Decency Act, commonly known as “Section 230”. Section 230 was passed with the intent to protect Internet services providers from materials provided by users. The gist of Section 230 provides interactive computer services federal immunity from liability for publishing false or defamatory material provided by a third-party user. In plain English, Yelp as an interactive service provider is immune from liability for defamatory or false review so long as that review was posted by a third-party user. The reasoning for this was to extend the internet the highest level of First Amendment protection against government regulation. The last several years have seen many lawsuits by business owners against Yelp, alleging defamation, libel, deception or legal arguments trying to circumvent Section 230. To sum up these cases, the Court’s continually reaffirm that Yelp is protected under Section 230.

      You might think “Well if I cannot sue Yelp, I will sue the critic for defamation”. You could, but you have to prove the statement was false and was made with reckless disregard, which usually is an issue of fact that will be decided by a jury. Furthermore, Congress is considering passing a Federal anti strategic lawsuit against public participation or Anti-SLAPP, legislation. Such a law would prevent a business from filing meritless defamation suit for the purpose of intimidating critics with a prolonged and expensive court procedure. If Federal Anti-SLAPP lawsuit passes, it would result in the dismissal of the lawsuit and the business paying the opposing party’s attorney’s fees. My thought for a small business, is do not go there. Potential lawsuits are expensive and the resulting negative attention could be worse than the comment itself.

      My grand-father who ran his own business for 50 years would tell me, “The customer is always right” and in the same breath say, “You can’t please everyone every day”. My interpretation was customer service was priority number one but sometimes no matter how hard you try nothing will make that customer happy. So the moral of the story, is ask happy customers to post positive comments about your business and try to resolve customers complaint either privately or publicly through a Yelp Business Account. If that does not end happily, we all know you can’t please everyone. Remember most customers are not turned off by a couple of bad reviews mixed in with a bunch of good reviews.
      Daniel Tom, Esq.

      Daniel is an attorney with Gonzales & Poirier and was a prosecutor with Coconino County Attorney’s Office for six years. Daniel’s focus at Gonzales & Poirier ranges from civil litigation to criminal law, you can contact him at 928-774-5400.

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      We Remember 9/11 http://triallawyersaz.com/we-remember-911/ http://triallawyersaz.com/we-remember-911/#comments Mon, 02 Dec 2013 12:27:49 +0000 http://triallawyersaz.com/?p=347 We would like to remember on this somber day the almost 3,000 vicitms of September 11, 2001 and the brave soldiers who fought and died for our county and way of life in Afghanistan and Iraq.

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      9/11 Memorial in New York City

      9/11 Memorial in New York City

      We would like to remember on this somber day the almost 3,000 vicitms of September 11, 2001 and the brave soldiers who fought and died for our county and way of life in Afghanistan and Iraq.

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      Arizona Bicycle & Bike Accident Personal Injury Help http://triallawyersaz.com/bike-safety-in-flagstaff/ http://triallawyersaz.com/bike-safety-in-flagstaff/#comments Mon, 02 Dec 2013 12:25:56 +0000 http://triallawyersaz.com/?p=344 Unfortunately, sometimes it takes a tragedy to become more aware of how to conduct our lives in a safer manner. Cyclists are extremely vulnerable to being struck by a car, so please be careful. We are Flagstaff personal injury lawyers who are also avid mountain bikers. Unfortunately, there are many injuries that can occur while […]

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      home when she was struck by Kelsey Cody

      Unfortunately, sometimes it takes a tragedy to become more aware of how to conduct our lives in a safer manner. Cyclists are extremely vulnerable to being struck by a car, so please be careful.

      We are Flagstaff personal injury lawyers who are also avid mountain bikers. Unfortunately, there are many injuries that can occur while riding bicycles. In many instances, the cyclist is not seen by the automobile driver for many reasons. Because our cyclists our vulnerable to automobile drivers, bicycle collisions can cause terrible physical damage and injuries. Our firm has extensive experience handling bicycle accidents that result from the negligence of others, including cyclists struck by car and truck drivers who fail to see the rider and bike riders struck by cars failing to yield the right of way.

      Why Hire Gonzales & Poirier for My Personal Injury Case?

      The Law Office of Gonzales & Poirier has handled many accidents and injuries to pedestrians and cyclists caused by negligent drivers. We want to take some time to reiterate bicycle and pedestrian safety, especially in Flagstaff, which presents unique safety issues. Since our firm has avid bikers we know the risks and rewards of biking. Although drivers have a duty to cyclists and pedestrians, cyclists and pedestrians need to insure their own safety. You may be right, but you could be dead right when it comes to a pedestrian/cyclist car accident.

      In fact, I was almost hit last Friday on south San Francisco by an RV which turned in front of me without using a blinker or signal. To use this as an example, I noticed the RV slowing down, I stopped for a second to look at the RV’s taillights, I did not see a signal or brake lights. I just did not feel the RV driver was acting right and indeed I was right. The RV’s right hand turn lights were not working and the RV turned right. If I did not slow down I know I would have probably been severely injured by the RV who did not signal and did not check his mirrors.

      Bike Riding Safety Advice

      The biggest safety tip I can give is this: be aware of your surroundings and ride like you are invisible. General tips to be safe as a cyclist:

      • If at all possible, avoid busy streets and take the road less traveled.
      • Light up your bike! Use a headlight and taillight, not because it’s the law after dark, but because it genuinely helps motorists to see you from a distance. Flashing (strobe-like) lights work the best for helping drivers determine the distance of the light source.
      • Signal when you decide to make a turn on city streets. After all, it’s the law under A.R.S § 28-756 it is the law.
      • Avoid fidgeting with MP3 players and mobile phones when riding. A distracted cyclist is a more vulnerable one.

      Visit www.bicyclesafe.com for more tips on avoiding collisions and bicycle riding safety. The City of Flagstaff lists these general tips on biking safety, which can be found on their website and reiterates the general tips above – that bikers be predictable, courteous, and alert.

      The Law Office of Gonzales and Poirier wants drivers, pedestrians, and cyclist alike to be safe. We want everyone to make it home and hope that Flagstaff can cut down the reported 70-plus bike versus car accidents that take place each year. If you have been involved in an accident and have questions or concerns about your rights, please contact the Law Office of Gonzales and Poirier at (855) 774-5400 today!

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      I Just Got Arrested; It’s No BIG deal, Right? http://triallawyersaz.com/i-just-got-arrested-its-no-big-deal-right/ http://triallawyersaz.com/i-just-got-arrested-its-no-big-deal-right/#comments Mon, 02 Dec 2013 12:23:07 +0000 http://triallawyersaz.com/?p=341   A lot of college students attending Northern Arizona University and Coconino Community College have run-ins with NAU PD, Flagstaff PD, Coconino County Sheriff’s Department or Arizona Department of Public Safety. A majority of these students adopt the attitude that it is no big deal and getting arrested for small crimes like minor consumption, shoplifting, […]

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      Student in Handcuffs

      It’s a sad fact that many students feel that being arrests is “no big deal,” unfortunately a criminal charge can have a significant impact on one’s future.

       

      A lot of college students attending Northern Arizona University and Coconino Community College have run-ins with NAU PD, Flagstaff PD, Coconino County Sheriff’s Department or Arizona Department of Public Safety. A majority of these students adopt the attitude that it is no big deal and getting arrested for small crimes like minor consumption, shoplifting, possession of marijuana/paraphernalia, trespassing is just part of the college experience. Before you adopt that attitude, you should consider what a criminal history can mean in your future.

      These “small” and “petty” crimes will follow you and can have a lasting impact. Having a criminal history may make it more difficult to pursue a career as an: attorney, teacher, social worker, police officer, fireman, EMT, Peace Corp and any job you may need a security clearance. Even if you do need a security clearance for your dream job, more employers are doing background checks and will inquire if you were ever arrested and convicted of a crime. Since the job market has become extremely competitive, do you really want to explain to your future boss why your possession of marijuana when you were 19, was no big deal and everyone was doing it? Furthermore, a drug conviction could have consequences if you receive federal financial aid.

      If you are NAU student or a parent of a NAU student that has been arrested for a crime, call us for a free consultation at 928-774-5400 and ask to speak to one of our three attorney’s Tony, Matt or Daniel. We understand that you are students and offer discounts and easy payment plans for every budget.

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      Immigration Law-Results http://triallawyersaz.com/immigration-law-results/ http://triallawyersaz.com/immigration-law-results/#comments Mon, 02 Dec 2013 12:21:30 +0000 http://triallawyersaz.com/?p=338   We are a results orientated law firm and as an example we recently obtained for our clients two “U-Visas” under the Victims of Crimes and Violence Against Woman Act. Under the Victims of Crimes and Violence Against Woman Act the United States Government provides visas for person who are victims of crimes and who […]

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      Illegal Immigrant Under Arrest

      The attorney’s and staff at the Law Office of Gonzales and Poirier are dedicated in assisting people in obtaining visa’s to legally live and work in the USA.

       

      We are a results orientated law firm and as an example we recently obtained for our clients two “U-Visas” under the Victims of Crimes and Violence Against Woman Act. Under the Victims of Crimes and Violence Against Woman Act the United States Government provides visas for person who are victims of crimes and who cooperate with police and the county attorney’s office in prosecuting their case. This is particularly important for victims of domestic violence who may feel reluctant to contact police because they are in the US without permission and fear deportation.

      If you believe that you may qualify for a “U-Visa” call the Law Office of Gonzales and Poirier and 928-774-5400 and ask to speak with Matt, Tony or Jake.

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