วันอังคารที่ 30 มีนาคม พ.ศ. 2553

Arizona DUI Fines


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The rising incidences of DUIs (driving under the influence) in Arizona have prompted lawmakers to institute higher fines, making it more difficult for offenders to circumvent the consequences of their actions.

The Arizona DUI fines are now pegged at $1,450 for first-time offenders and $3,400 for second-time offenders. This includes standard fines, surcharges (amounting to 80 percent of the fines), additional $500 fine imposed on first-timers, and $1240 for repeat offenders. These additional fines were imposed in August 2005, to augment the standard fines that only covered expenses for court procedures.

The additional money goes to improvements in highway safety systems and prison housing facilities, according to Arizona lawmakers. The Arizona Department of Public Safety is adding more police \ along highways to help deter and arrest drivers who go on the road while under the influence of alcohol and other substances. The fines also go to "prison construction assessments," since every DUI offender found guilty needs to serve a mandatory prison sentence.

Note that fines actually vary depending on the gravity of the offense. First-time offenders found to have very high alcohol content in their bloodstream (.15 or more) may be asked to pay as much as $2,700. The fines stated above are the minimum fines, and depending on the judge, an offender may be forced to pay a much higher amount. In addition to the crippling fines, DUI offenders may also lose their driver's license and are ordered to submit to alcohol screening and drug and alcohol counseling sessions.

If you happen to be charged with DUI and cannot pay the fine upfront, you have the option of paying it over time. Immediately consult with an experienced Arizona DUI attorney to prevent losing your license and to protect yourself from other possible fees. But the best advice is still prevention - don't drink and drive. This way you stay safe, avoid fines and keep your record clean.

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วันอาทิตย์ที่ 28 มีนาคม พ.ศ. 2553

Arizona DUI Penalties


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In case of a DUI related crime, the penalty handed down to an accused depends mainly on two factors, the type of DUI that was charged, which is dependent on the gravity of the crime or offense, and on the criminal record of the accused.

In case of being a first DUI or if the Blood Alcohol Count (BAC) is above the specified limit of .080, the sentence could be jail term of 10 consecutive days, nine of which are subject to being suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $1475 is charged with additional amount of $250 towards the DUI abatement fund, and a suspension of the driver's license for three months. The judge could also put the accused on probation of up to five years.

In case of a second DUI or BAC above the level of 0.080, a 90 days jail sentence is awarded, of which 60 days can be suspended based on the completion of substance and alcohol abuse screening, counselling and treatment as ordered by the court. The fine is $2675, with additional amount of $250 towards the DUI abatement fund, revoking of the driver's licence for one year, and a possible probation period of five years. The court has the right to forfeit a vehicle belonging to the accused which he or she was driving, at time of the arrest for DUI.

In case of a first extreme DUI with a BAC of 0.15 or higher, the sentence could be jail term of 30 consecutive days of which 20 days can be suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $2225 is charged with additional amount of $250 towards the DUI abatement fund, a suspension of the driver's license for three months i.e. 90 days. The judge could also put the accused on probation of up to five years.

In case of a second extreme DUI with a BAC of 0.15 or higher, the sentence could be jail term of 120 days, 60 of which are subject to being suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $2225 is charged with additional amount of $250 towards the DUI abatement fund, a suspension of the driver's license for three months. The judge could also put the accused on probation of up to five years.

In the case of a felony DUI in the presence of a child under the age of 15, if the accused has a clean record previously, the accused will have to serve a prison term for between 4 months to 2 years. The fine slapped is up to $150,000 with a surcharge of 80 percent. The driver's license of the accused is revoked for three years, the probation period extends up to ten years and the court has the right to seize the vehicle in which the DUI felony was committed.

For a felony DUI or a third DUI in the last sixty months, the minimum sentence to be served is 1 year to 3.75 years in prison. The fine is up to $150,000 with a surcharge of 80 percent, with the driver's license standing revoked for three years and a possible probation of up to ten years. The punishment includes a possible forfeiture of the vehicle in which the last felony was committed.

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วันเสาร์ที่ 27 มีนาคม พ.ศ. 2553

Arizona DUI Penalties


Image : http://www.flickr.com


In case of a DUI related crime, the penalty handed down to an accused depends mainly on two factors, the type of DUI that was charged, which is dependent on the gravity of the crime or offense, and on the criminal record of the accused.

In case of being a first DUI or if the Blood Alcohol Count (BAC) is above the specified limit of .080, the sentence could be jail term of 10 consecutive days, nine of which are subject to being suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $1475 is charged with additional amount of $250 towards the DUI abatement fund, and a suspension of the driver's license for three months. The judge could also put the accused on probation of up to five years.

In case of a second DUI or BAC above the level of 0.080, a 90 days jail sentence is awarded, of which 60 days can be suspended based on the completion of substance and alcohol abuse screening, counselling and treatment as ordered by the court. The fine is $2675, with additional amount of $250 towards the DUI abatement fund, revoking of the driver's licence for one year, and a possible probation period of five years. The court has the right to forfeit a vehicle belonging to the accused which he or she was driving, at time of the arrest for DUI.

In case of a first extreme DUI with a BAC of 0.15 or higher, the sentence could be jail term of 30 consecutive days of which 20 days can be suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $2225 is charged with additional amount of $250 towards the DUI abatement fund, a suspension of the driver's license for three months i.e. 90 days. The judge could also put the accused on probation of up to five years.

In case of a second extreme DUI with a BAC of 0.15 or higher, the sentence could be jail term of 120 days, 60 of which are subject to being suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $2225 is charged with additional amount of $250 towards the DUI abatement fund, a suspension of the driver's license for three months. The judge could also put the accused on probation of up to five years.

In the case of a felony DUI in the presence of a child under the age of 15, if the accused has a clean record previously, the accused will have to serve a prison term for between 4 months to 2 years. The fine slapped is up to $150,000 with a surcharge of 80 percent. The driver's license of the accused is revoked for three years, the probation period extends up to ten years and the court has the right to seize the vehicle in which the DUI felony was committed.

For a felony DUI or a third DUI in the last sixty months, the minimum sentence to be served is 1 year to 3.75 years in prison. The fine is up to $150,000 with a surcharge of 80 percent, with the driver's license standing revoked for three years and a possible probation of up to ten years. The punishment includes a possible forfeiture of the vehicle in which the last felony was committed.

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วันศุกร์ที่ 26 มีนาคม พ.ศ. 2553

Arizona Disability Lawyers


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A disability can be referred to as a constraint or lack of ability to carry out an activity in the same manner as a nondisabled human being. Disability can be temporary or long term. In Arizona, any disabled person who is unable to perform the normal functions that he/she used to perform prior to a personal injury or an accident can claim disability compensation. These disability compensatory benefits are provided from public or private funds of the state.

An Arizona disability lawyer lends a helping hand to those disabled individuals when the government or an employer fails to take the desirable steps in accordance with the Americans with Disabilities Act (ADA). Arizona disability lawsuits relate to issues such as worker's compensation, social security, disability benefits, and temporary disability. A social security lawyer can help file for benefits such as retirement, disability, and medical benefits with the social security office. The attorney can sort out the complex rules and paperwork involved, get information from the social security file, gather medical and vocational evidence to support the claim, and also deal with Supplemental Security Income benefits and Medicare. He can advise on the steps to appeal disallowed claims - reconsideration, administrative hearing before an administrative law judge, the Appeals Council in Washington D.C., or a lawsuit in federal court. He can act as a legal coach to analyze the strengths and weaknesses of the case, outline the factual proof and legal issues involved, provide information on the correct legal processes, point out any problem areas, help to draft papers, and represent the client at an administrative hearing or in court. Arizona disability lawyers see to it that they file a claim to provide each and every disabled person in their state with proper access to all government services.

Arizona disability lawyers have an association, and the association has its own website. The website includes a directory that gives details of all attorneys specializing in this field.

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5 Things Divorcing Parents Should Know


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When you had your child or children your life changed from being focused on yourself to suddenly having to consider how all your life choices would impact the kids. That is the way it should be. What is in the child's best interest should always be a parent's top priority especially when considering divorce. The first thing you should know is our adversarial legal system is not child focused or family friendly. The emotional and financial price you pay when you each hire separate divorce lawyers is higher than you can now imagine.

Before I became a divorce attorney I was a special education teacher. My Masters is in Special Education, focusing on teaching severely emotionally disturbed children, so I came to the law with a powerful bias to act only in the best interest of the children. The 2nd important fact to know is how comfortable so many divorce lawyers are in spending their client's college fund instead of quickly and economically helping the couple to negotiate a fair deal. After 8 years of litigation and witnessing the total financial and emotional devastation of too many families I vowed to no longer take adversarial divorces and to do only divorce mediation. In the following 3 years, after working with over 150 couples with 100% success rate, I am convinced that divorce mediation should be the solution of first resort for 85% of the couples who are contemplating divorce. So the 3rd thing you need to know is there is an alternative to divorce court, mediation.

It is easier to deal with a situation when basic information is already known. In the 8 community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin) property division is pretty clear. What ever was totally owned prior to marriage or received by gift or inheritance is separate property that goes to the spouse who owns it. If it was partially paid for using wages or income earned during the marriage, the "community" gains an interest in it that can be calculated. Division of property in community property states is one of the easiest issues to deal with because it is so clear cut. But what about the other 42 states? These states use an equitable distribution system to divide marital property. Each state has its own rules that can be ascertained prior to starting the divorce process. So there is some uncertainty in non community property states but an experienced lawyer/mediator generally knows what the court will do in most situations and can be a valuable guide to couples who are unfamiliar with the laws. The 4th thing to keep in mind is that there is no point in fighting over property division. You can protect your co-parenting relationship and end up with more property if you divide everything the way a neutral 3rd party (mediator) suggests.

In litigated divorce cases, child custody and visitation issues can be the most contentious and emotional. If the parents can agree to a custody arrangement, which they eventually do in 90% of custody cases, they can avoid court altogether. Why should a couple wait until they are on the courthouse steps to make a deal? Only 10% of custody cases are litigated. A couple could always seek the services of a child therapist to advise them instead of going to court. The courts typically apply a "best interest of the child" standard in determining who should get primary custody. Wouldn't the parents themselves be in the best position to decide how their children should be raised? When a couple works together in mediation they are in control of the final outcome, not lawyers or judges. When the couple has an intention to effectively co-parent by always keeping the best interest of the child foremost in their mind, they will produce a much more satisfying outcome than if a solution is imposed upon them from above. Child custody issues are the most inappropriate issues to be decided within an adversarial system. The win/lose game that is played in court always results in tension between the parents. Not only will this tension negatively affect the health and happiness of the parents but the children will be caught in the middle of a battle, ducking verbal and emotional bullets as they fly over their heads. The adversarial system does not protect the co-parenting relationship of parents and should be avoided if at all possible. An emotionally vulnerable client in the hands of a "zealous advocate" who is more concerned with enriching themselves than in helping their client is a dangerous combination. The last thing to keep in mind is that avoiding divorce attorneys and court should be the #1 priority if you want to protect your health, spirit, co-parenting relationship and pocketbook.

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Free Divorce Records


Image : http://www.flickr.com


Until the nineteenth century, divorces were not common and were in fact considered illegal in some places. However, many countries began keeping vital records at the national level in the nineteenth century. Divorce records form part of vital records maintained by the civil authorities. In United States, it is the responsibility of the individual states to keep a record of such events.

In United States, divorce records are filed in the county where the divorce takes place. Divorce records provide information on the spouse's name, place and date of marriage, age of husband and wife, names and date of birth of children, property, date of divorce and the reasons for divorce. They can also include credit card numbers, tax returns and alimony paid, if any. Divorce records become important in a person?s life for the same reasons.

There are many free links to help you locate a divorce record that will provide the information you need to make important decisions. SearchSystems.net was the first to offer such service on the Internet. There are many ways by which one can find a divorce record on the Internet. A search may be done by geographic location, category or using a public record locator. One can also search by names and addresses of current and ex-spouses. The more information you provide, the more comprehensive the results will be. These links give access to over 34,000 public record databases.

In United States, divorce records are not confidential and can be obtained by any person upon payment of a fee. The State Center for Health Statistics is responsible for issuing certified copies of divorce records. The National Center for Health Statistics has information on divorce records for all states. The fee and turn-around time to obtain these records vary from state to state. Certificates may be ordered through a service provider using a credit card.

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วันพฤหัสบดีที่ 25 มีนาคม พ.ศ. 2553

5 Things Divorcing Parents Should Know


Image : http://www.flickr.com


When you had your child or children your life changed from being focused on yourself to suddenly having to consider how all your life choices would impact the kids. That is the way it should be. What is in the child's best interest should always be a parent's top priority especially when considering divorce. The first thing you should know is our adversarial legal system is not child focused or family friendly. The emotional and financial price you pay when you each hire separate divorce lawyers is higher than you can now imagine.

Before I became a divorce attorney I was a special education teacher. My Masters is in Special Education, focusing on teaching severely emotionally disturbed children, so I came to the law with a powerful bias to act only in the best interest of the children. The 2nd important fact to know is how comfortable so many divorce lawyers are in spending their client's college fund instead of quickly and economically helping the couple to negotiate a fair deal. After 8 years of litigation and witnessing the total financial and emotional devastation of too many families I vowed to no longer take adversarial divorces and to do only divorce mediation. In the following 3 years, after working with over 150 couples with 100% success rate, I am convinced that divorce mediation should be the solution of first resort for 85% of the couples who are contemplating divorce. So the 3rd thing you need to know is there is an alternative to divorce court, mediation.

It is easier to deal with a situation when basic information is already known. In the 8 community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin) property division is pretty clear. What ever was totally owned prior to marriage or received by gift or inheritance is separate property that goes to the spouse who owns it. If it was partially paid for using wages or income earned during the marriage, the "community" gains an interest in it that can be calculated. Division of property in community property states is one of the easiest issues to deal with because it is so clear cut. But what about the other 42 states? These states use an equitable distribution system to divide marital property. Each state has its own rules that can be ascertained prior to starting the divorce process. So there is some uncertainty in non community property states but an experienced lawyer/mediator generally knows what the court will do in most situations and can be a valuable guide to couples who are unfamiliar with the laws. The 4th thing to keep in mind is that there is no point in fighting over property division. You can protect your co-parenting relationship and end up with more property if you divide everything the way a neutral 3rd party (mediator) suggests.

In litigated divorce cases, child custody and visitation issues can be the most contentious and emotional. If the parents can agree to a custody arrangement, which they eventually do in 90% of custody cases, they can avoid court altogether. Why should a couple wait until they are on the courthouse steps to make a deal? Only 10% of custody cases are litigated. A couple could always seek the services of a child therapist to advise them instead of going to court. The courts typically apply a "best interest of the child" standard in determining who should get primary custody. Wouldn't the parents themselves be in the best position to decide how their children should be raised? When a couple works together in mediation they are in control of the final outcome, not lawyers or judges. When the couple has an intention to effectively co-parent by always keeping the best interest of the child foremost in their mind, they will produce a much more satisfying outcome than if a solution is imposed upon them from above. Child custody issues are the most inappropriate issues to be decided within an adversarial system. The win/lose game that is played in court always results in tension between the parents. Not only will this tension negatively affect the health and happiness of the parents but the children will be caught in the middle of a battle, ducking verbal and emotional bullets as they fly over their heads. The adversarial system does not protect the co-parenting relationship of parents and should be avoided if at all possible. An emotionally vulnerable client in the hands of a "zealous advocate" who is more concerned with enriching themselves than in helping their client is a dangerous combination. The last thing to keep in mind is that avoiding divorce attorneys and court should be the #1 priority if you want to protect your health, spirit, co-parenting relationship and pocketbook.

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วันพุธที่ 24 มีนาคม พ.ศ. 2553

A Guide to Arizona DUI Attorneys


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As with any service that you may need, the Internet is one of the best sources to find individuals and companies providing the services that you need. With regard to legal services, this is also very true because lawyers and law firms also advertise their services online. Although this may augur well for people who enjoy picking from a wide selection of choices, the fact that there are thousands of individuals who offer legal services can also mean that some of them may have other agendas. Given the ease with which a person can put up a web site, there may be times when the "lawyer" that you are dealing with online may only be out to con you out of your money. Given this, people need to arm themselves with information so they can avoid being fooled by these "lawyers."

Things to watch out for

If in case you find yourself being charged with DUI in a place like Arizona where there are stiff penalties, you also need to be aware of a number of things to consider when hiring a lawyer. Usually, this involves knowing what you should be wary about when dealing with lawyers. One of the things you should be wary about is the "sweet talker," who promises you all the best scenarios with regard to your case. Usually, these lawyers may only be after the acceptance fee or the retainer's fee you would give them. Another thing you should be wary of is the overextended lawyer, who may not have the time to effectively handle your case because he is handling too many other DUI cases.

With regard to the fees that lawyers quote you, you should also be wary of those who charge too high or too low because the motives that they have for doing so can be suspect. In Arizona, you should only expect to pay about $3,000 to $15,000 for a first offense. For felony DUI's, you can expect to pay between $15,000 to $25,000. If the lawyer would charge an hourly rate, expect only to pay about $350.00 per hour.

In getting legal services, the Internet can serve as one of the best places to start your search. However, the Internet is also home to some unscrupulous people who only want to fool you out of your money. Given this, it would be best to get an idea of what you can expect to see in the market so that you can avoid being fooled by lawyers who cannot give you the legal services that you need.

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A Guide to Arizona DUI Attorneys


Image : http://www.flickr.com


As with any service that you may need, the Internet is one of the best sources to find individuals and companies providing the services that you need. With regard to legal services, this is also very true because lawyers and law firms also advertise their services online. Although this may augur well for people who enjoy picking from a wide selection of choices, the fact that there are thousands of individuals who offer legal services can also mean that some of them may have other agendas. Given the ease with which a person can put up a web site, there may be times when the "lawyer" that you are dealing with online may only be out to con you out of your money. Given this, people need to arm themselves with information so they can avoid being fooled by these "lawyers."

Things to watch out for

If in case you find yourself being charged with DUI in a place like Arizona where there are stiff penalties, you also need to be aware of a number of things to consider when hiring a lawyer. Usually, this involves knowing what you should be wary about when dealing with lawyers. One of the things you should be wary about is the "sweet talker," who promises you all the best scenarios with regard to your case. Usually, these lawyers may only be after the acceptance fee or the retainer's fee you would give them. Another thing you should be wary of is the overextended lawyer, who may not have the time to effectively handle your case because he is handling too many other DUI cases.

With regard to the fees that lawyers quote you, you should also be wary of those who charge too high or too low because the motives that they have for doing so can be suspect. In Arizona, you should only expect to pay about $3,000 to $15,000 for a first offense. For felony DUI's, you can expect to pay between $15,000 to $25,000. If the lawyer would charge an hourly rate, expect only to pay about $350.00 per hour.

In getting legal services, the Internet can serve as one of the best places to start your search. However, the Internet is also home to some unscrupulous people who only want to fool you out of your money. Given this, it would be best to get an idea of what you can expect to see in the market so that you can avoid being fooled by lawyers who cannot give you the legal services that you need.

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วันอังคารที่ 23 มีนาคม พ.ศ. 2553

Divorce and Property Distribution - The Basics


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What Happens to Your Stuff When You Divorce?

Equitable Distribution

Equitable distribution is considered to be a fair (but not always equal) distribution of all the marital property and assets. Typically, the spouse with the higher income will receive a larger portion of the distribution based on the assumption that they contribution more financially to the union. Equitable distributions are used in all states except community property states.

Community Property

Property is categorized in one of two ways: community property or separate property. Separate property consists of property and assets that were acquired prior to the marriage as well as inheritances, personal injury awards and workers compensation, even if it was received during the marriage. Separate property is not subject to distribution and stays with its original owner. Community property is any property and assets that were acquired during the marriage (with the few exceptions noted above) and is divided equally between the two parties. Arizona , California , Idaho , Louisiana , Nevada , New Mexico , Texas , Washington , Wisconsin and Puerto Rico are all community property states.

Debts

Debts are treated in much the same manner as property. However, it is not uncommon for the court to order the higher-earning spouse to pay for certain debts that should theoretically be the responsibility of the lesser-earning spouse. For example, the court may order that the lesser-earning spouse can live in the marital home however; the higher-earning spouse must continue to pay the mortgage.

Fault or No-Fault?

In some states, a no-fault divorce is allowed and property distribution is not affected by individual actions of the parties. However, many states also allow an "at-fault divorce" where both sides are allowed to present evidence that would place "blame" on the other spouse. In the case of at-fault divorces, the property distribution can be affected by the behavior and actions of the spouses. For example, if it is proven that one of the spouses had an extramarital affair, that spouse may receive a lesser portion of the marital property.

Planning Ahead

One way to ensure that both parties receive a favorable distribution is to create a prenuptial agreement prior to the marriage. Assuming that the agreement doesn't overly benefit one spouse more than the other, the court will typically grant the property distribution as outlined in the prenup.

Alimony and child support are addressed separately from the distribution of property and assets. If all of these issues are easily agreed upon, you may be able to use a do-it-yourself divorce form. However, most need the assistance of an attorney.

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Free Divorce Records


Image : http://www.flickr.com


Until the nineteenth century, divorces were not common and were in fact considered illegal in some places. However, many countries began keeping vital records at the national level in the nineteenth century. Divorce records form part of vital records maintained by the civil authorities. In United States, it is the responsibility of the individual states to keep a record of such events.

In United States, divorce records are filed in the county where the divorce takes place. Divorce records provide information on the spouse's name, place and date of marriage, age of husband and wife, names and date of birth of children, property, date of divorce and the reasons for divorce. They can also include credit card numbers, tax returns and alimony paid, if any. Divorce records become important in a person?s life for the same reasons.

There are many free links to help you locate a divorce record that will provide the information you need to make important decisions. SearchSystems.net was the first to offer such service on the Internet. There are many ways by which one can find a divorce record on the Internet. A search may be done by geographic location, category or using a public record locator. One can also search by names and addresses of current and ex-spouses. The more information you provide, the more comprehensive the results will be. These links give access to over 34,000 Public Record databases.

In the United States, not the divorce records are confidential and may be obtained by any person upon payment of a fee. The State Center for Health Statistics is responsible for issuing copies of archive divorce. The National Center for Health Statistics has information on divorce records for all states. The share and response time to obtain these documents vary from state to state. Certificates can be ordered through a service providerusing a credit card.

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วันจันทร์ที่ 22 มีนาคม พ.ศ. 2553

Free Divorce Records


Image : http://www.flickr.com


Until the nineteenth century, divorces were not common and were in fact considered illegal in some places. However, many countries began keeping vital records at the national level in the nineteenth century. Divorce records form part of vital records maintained by the civil authorities. In United States, it is the responsibility of the individual states to keep a record of such events.

In United States, divorce records are filed in the county where the divorce takes place. Divorce records provide information on the spouse's name, place and date of marriage, age of husband and wife, names and date of birth of children, property, date of divorce and the reasons for divorce. They can also include credit card numbers, tax returns and alimony paid, if any. Divorce records become important in a person?s life for the same reasons.

There are many free links to help you locate a divorce record that will provide the information you need to make important decisions. SearchSystems.net was the first to offer such service on the Internet. There are many ways by which one can find a divorce record on the Internet. A search may be done by geographic location, category or using a public record locator. One can also search by names and addresses of current and ex-spouses. The more information you provide, the more comprehensive the results will be. These links give access to over 34,000 public record databases.

In United States, divorce records are not confidential and can be obtained by any person upon payment of a fee. The State Center for Health Statistics is responsible for issuing certified copies of divorce records. The National Center for Health Statistics has information on divorce records for all states. The fee and turn-around time to obtain these records vary from state to state. Certificates may be ordered through a service provider using a credit card.

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วันจันทร์ที่ 15 มีนาคม พ.ศ. 2553

A Guide to Arizona DUI Attorneys


Image : http://www.flickr.com


As with any service that you may need, the Internet is one of the best sources to find individuals and companies providing the services that you need. With regard to legal services, this is also very true because lawyers and law firms also advertise their services online. Although this may augur well for people who enjoy picking from a wide selection of choices, the fact that there are thousands of individuals who offer legal services can also mean that some of them may have other agendas. Given the ease with which a person can put up a web site, there may be times when the "lawyer" that you are dealing with online may only be out to con you out of your money. Given this, people need to arm themselves with information so they can avoid being fooled by these "lawyers."

Things to watch out for

If in case you find yourself being charged with DUI in a place like Arizona where there are stiff penalties, you also need to be aware of a number of things to consider when hiring a lawyer. Usually, this involves knowing what you should be wary about when dealing with lawyers. One of the things you should be wary about is the "sweet talker," who promises you all the best scenarios with regard to your case. Usually, these lawyers may only be after the acceptance fee or the retainer's fee you would give them. Another thing you should be wary of is the overextended lawyer, who may not have the time to effectively handle your case because he is handling too many other DUI cases.

With regard to the fees that lawyers quote you, you should also be wary of those who charge too high or too low because the motives that they have for doing so can be suspect. In Arizona, you should only expect to pay about $3,000 to $15,000 for a first offense. For felony DUI's, you can expect to pay between $15,000 to $25,000. If the lawyer would charge an hourly rate, expect only to pay about $350.00 per hour.

In getting legal services, the Internet can serve as one of the best places to start your search. However, the Internet is also home to some unscrupulous people who only want to fool you out of your money. Given this, it would be best to get an idea of what you can expect to see in the market so that you can avoid being fooled by lawyers who cannot give you the legal services that you need.

Recommend : Hipmore Ferret game Endowment Selling

วันอาทิตย์ที่ 14 มีนาคม พ.ศ. 2553

Divorce and Property Distribution - The Basics


Image : http://www.flickr.com


What Happens to Your Stuff When You Divorce?

Equitable Distribution

Equitable distribution is considered to be a fair (but not always equal) distribution of all the marital property and assets. Typically, the spouse with the higher income will receive a larger portion of the distribution based on the assumption that they contribution more financially to the union. Equitable distributions are used in all states except community property states.

Community Property

Property is categorized in one of two ways: community property or separate property. Separate property consists of property and assets that were acquired prior to the marriage as well as inheritances, personal injury awards and workers compensation, even if it was received during the marriage. Separate property is not subject to distribution and stays with its original owner. Community property is any property and assets that were acquired during the marriage (with the few exceptions noted above) and is divided equally between the two parties. Arizona , California , Idaho , Louisiana , Nevada , New Mexico , Texas , Washington , Wisconsin and Puerto Rico are all community property states.

Debts

Debts are treated in much the same manner as property. However, it is not uncommon for the court to order the higher-earning spouse to pay for certain debts that should theoretically be the responsibility of the lesser-earning spouse. For example, the court may order that the lesser-earning spouse can live in the marital home however; the higher-earning spouse must continue to pay the mortgage.

Fault or No-Fault?

In some states, a no-fault divorce is allowed and property distribution is not affected by individual actions of the parties. However, many states also allow an "at-fault divorce" where both sides are allowed to present evidence that would place "blame" on the other spouse. In the case of at-fault divorces, the property distribution can be affected by the behavior and actions of the spouses. For example, if it is proven that one of the spouses had an extramarital affair, that spouse may receive a lesser portion of the marital property.

Planning Ahead

One way to ensure that both parties receive a favorable distribution is to create a prenuptial agreement prior to the marriage. Assuming that the agreement doesn't overly benefit one spouse more than the other, the court will typically grant the property distribution as outlined in the prenup.

Alimony and child support are addressed separately from the distribution of property and assets. If all of these issues are easily agreed upon, you may be able to use a do-it-yourself divorce form. However, most need the assistance of an attorney.

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Arizona Disability Lawyers


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A disability can be referred to as a constraint or lack of ability to carry out an activity in the same manner as a nondisabled human being. Disability can be temporary or long term. In Arizona, any disabled person who is unable to perform the normal functions that he/she used to perform prior to a personal injury or an accident can claim disability compensation. These disability compensatory benefits are provided from public or private funds of the state.

An Arizona disability lawyer lends a helping hand to those disabled individuals when the government or an employer fails to take the desirable steps in accordance with the Americans with Disabilities Act (ADA). Arizona disability lawsuits relate to issues such as worker's compensation, social security, disability benefits, and temporary disability. A social security lawyer can help file for benefits such as retirement, disability, and medical benefits with the social security office. The attorney can sort out the complex rules and paperwork involved, get information from the social security file, gather medical and vocational evidence to support the claim, and also deal with Supplemental Security Income benefits and Medicare. He can advise on the steps to appeal disallowed claims - reconsideration, administrative hearing before an administrative law judge, the Appeals Council in Washington D.C., or a lawsuit in federal court. He can act as a legal coach to analyze the strengths and weaknesses of the case, outline the factual proof and legal issues involved, provide information on the correct legal processes, point out any problem areas, help to draft papers, and represent the client at an administrative hearing or in court. Arizona disability lawyers see to it that they file a claim to provide each and every disabled person in their state with proper access to all government services.

Arizona disability lawyers have an association, and the association has its own website. The website includes a directory that gives details of all attorneys specializing in this field.

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วันเสาร์ที่ 13 มีนาคม พ.ศ. 2553

Arizona Car Accident Lawyers


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Arizona forms one of the Four Corners states. It is located south and east of the Colorado River. Arizona is the sixth largest state in after New Mexico and before Nevada. Apart from the Grand Canyon, numerous national forests, parks, monuments, and Indian reservations are located in the state. Its popularity as a major tourist his has contributed greatly to the traffic problem in the state.

The responsibility for taking actions to prevent a car accident rests with the drivers. Negligence resulting in a car accident in Arizona represents grounds for a lawsuit. Depending on the degree of negligence it could involve the state Attorney General's office. Arizona lawyers have in-depth knowledge of the laws regarding car accidents in the state and tend to prepare the case efficiently. Even though it is difficult to avoid responsibility for negligence in an Arizona car accident, a lawyer tries his level best to get all the facts surrounding the case. It also has to be proved that the petitioner has suffered damages, either personal injury or property damage. In addition, an Arizona car accident lawyer will look for compensation for such things as mental trauma and inconvenience. Other facets of a case that a lawyer will look into are facts regarding the mental state of the defendant during the occurrence of the accident.

Normally, a person injured in a car accident may charge a claim or lawsuit to recover the actual expenses associated with asset damage, medical costs, economic damages, emotional and physical pain and suffering. Like other states, Arizonian legal proceedings involving car accidents can be extremely complex. Hiring an experienced lawyer familiar with motor vehicle accident damages will place people in the best position to receive the recovery that they deserve. People involved in an Arizonian car accident must not hesitate to seek legal counsel from a lawyer experienced in similar accident cases in order to best protect their interests.

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วันศุกร์ที่ 12 มีนาคม พ.ศ. 2553

Arizona Mediation for Divorce


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In all states, divorce has to be decreed by a court for it to be legal. However, without doing the courtroom divorce, couples can easily have a calmer, more agreeable divorce where they make the decisions rather than letting the judge do so. Through mediation, this is being achieved more and more. There are a ton of benefits to mediation and couples are seeing this with wide open eyes. Having a trained mediator is helping them to resolve conflicts and calmly agree on the terms of the divorce.

Although Arizona counties have different requirements for mediators, there are no rules or guides for a mediator to follow as far as state certification, etc. Most of the courts do insist that 40 hours at the very least of training and experience be completed by the mediator before he or she practices. This includes family issues for those who are going to be mediating divorces.

Typically, mediation promotes a calm environment where the couple works together to make decisions without the battle and theatrics of the courtroom. They also save attorney fees, as an attorney is not required for mediation; couples can decide to have an attorney present however. The mediator acts as a neutral third party which 'buffers' the decision making regarding the children, property division, alimony and other matters which need to be decided upon divorce. The different county courts in Arizona are Apache, Conchise, Coconino, Gila, Graham, Greenlee, La Paz, Maricopa, Mohave, Navajo, Pima, Pinal, Santa Cruz, Yavapai and Yuma.

No other court than the Supreme Court can grant a divorce in Arizona and it's called 'dissolution of marriage.' The papers and other things needed to begin the divorce are filed in the county where either spouse lives. Instead of granting a divorce to one spouse or the other, the status of the marriage simply changes. In order for divorce to be granted, couples have to show that the marriage is not reparable and that there is no chance of fixing it. Couples no longer have to use blame or proof that one or the other has ruined the marriage.

If a marriage is considered a covenant marriage, the law of Arizona states that couples do have to establish blame. This can be done by proving that one partner cheated on the other or has inflicted any form of abuse on the other or has abandoned the other spouse. Mediators are able to deduce whether your divorce will require this kind of proof. This marriage is only available in Arizona, Louisiana and Arkansas. This type of marriage is different than a typical marriage as it has larger requirements for union.

You can find a mediator which has impressive experience and can really help you with the divorce process by checking with the State Bar Association of Arizona. You will find attorneys, counselors and therapists that are mediators. There are even social workers and financial experts that you can have mediate your divorce. There are many resources to find information in Arizona including the internet and even certain helpful legal organizations dedicated to providing low cost or free services.

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วันพฤหัสบดีที่ 11 มีนาคม พ.ศ. 2553

Arizona Criminal Defence Lawyers


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A crime is an act committed in violation of a public law forbidding or commanding it. Criminal law involves prosecution of a person by the government body for an act that has been classified as a crime by the state laws. Criminal cases include both grave offenses like murder and rape, to less serious offenses like theft or trespassing. Criminal laws vary from state to state. In Arizona, just as in any other state, criminal law is very complex. If you are accused of a crime, you will need to look for a good Arizona criminal defense lawyer to help you.

If you have been accused of a crime or facing charges for violation of Arizona's criminal laws, there is a chance of incarceration, a fine or a combination of both. In order to protect your freedom, you will need an expert criminal defense lawyer.

An expert criminal lawyer can guide you with the best course of action in your situation, and can strengthen your case by proving evidences in your support to prove your innocence. In a worst-case scenario, the lawyer will negotiate with the prosecutor to arrange for reduce charges against you. A well-experienced criminal lawyer can intelligently gather information from the prosecution witnesses and hire and manage investigators who may be able to contradict the prosecution witnesses.

If you have been arrested, it is important to hire a criminal defense attorney immediately. Your freedom is at risk, and you need a lawyer who has a good track recording and offers reasonable fees.

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วันพุธที่ 10 มีนาคม พ.ศ. 2553

Arizona Business Lawyers


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Starting your own business can be one of the most stressful events in your life. This is because of the numerous things you need to attend to in setting up you business, including getting the necessary permits, looking for a location, and hiring employees. Among these, one of the most complicated things to do is to review the lease agreements and other legal documents that you need for the operations of your business. One of the reasons why doing so can become a challenge is because not everyone can fully appreciate the legal languages that are in these documents. This is especially true if the place where you are starting your business has some of the most stringent laws with regard to leases and other legal matters. One such place is Arizona, which has some of the most stringent laws with regard to business as a result of the healthy and varied business profile of the state.

Getting a business lawyer in Arizona

Given the need for you to get legal advice on the different contracts you would be entering into in your business, getting a business lawyer becomes a necessity because, apart from giving you advice on contracts and other matters, like zoning laws, business lawyers can also negotiate on your behalf. However, looking for a good business lawyer requires that you do an adequate amount of research so that you can fine the best lawyer for your business. One of the best ways to do so is to ask for referrals from friends or from your accountant. In addition to this, you can also ask the Arizona Bar Association if they can refer you to some of their members who specialize in business law. Another good place to look is the Internet, which is host to a number of web site of lawyers and law firms.

After doing the initial research, you can now interview your prospects where you can ascertain whether the lawyer can really help you. One of the most important things you should do during these interviews is to explain your business to the lawyer and ask him about the ways that he can help you.

Starting a business can be very stressful, especially if you have to review a number of legal documents, which are sometimes very hard to understand. However, you can reduce the stress that you feel by hiring a business lawyer because doing so will give you access to good legal advice on legal matters and give you the assistance you need in negotiations and other important matters.

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วันอังคารที่ 9 มีนาคม พ.ศ. 2553

Divorce Settlements


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Divorce settlements may be defined as an order made by the court, affirming the terms of an agreement between the couple in a divorce. From a legal point of view, divorce settlements include child custody and support, property and debt, spousal support, pensions and retirement accounts.

In United States, each state has its own laws to determine the division of property. Division of property is done based on two different systems, community property and equitable distribution. Community property is property owned equally by the couple and is divided equally at divorce. The states that follow a community property system are California, Louisiana, Nevada, New Mexico, Washington, Arizona, Idaho, Wisconsin and Texas. States that follow equitable distribution system consider assets as marital property and each spouse is awarded a percentage of the total value of the assets.

Alimony is court-ordered support paid by one spouse to another, after they are separated. In United States, alimony is often referred to as maintenance or spousal support. In Colorado it's called "maintenance." Each state has different laws and this determines the amount and time of alimony. Any alimony order for a wife will come to an end when she remarries. When it comes to child custody, each state has rules or "statutes" that govern child custody, and they are always in the best interests of the children. The law demands that parents should support their children. Child support laws throughout the United States ensure every child's economic support so that the standard of living is preserved.

In case of debt, the court will instruct both the individuals to pay a part of the debt. The wife often loses her entitlement to death-while-in-service benefits from her husband's job or widow's pension in the final phase of divorce. These factors should be considered before thinking of a settlement, because pensions are the most valuable assets and future benefits. Careful consideration must be given to tax implications at the time of divorce. Professional help can be obtained in terms of these benefits as part of the overall settlement plan.

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วันจันทร์ที่ 8 มีนาคม พ.ศ. 2553

Arizona Lawyer Referrals


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

How does it work among lawyers?

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

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

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

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Do I Need a Lawyer to Get a Divorce?


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Understanding Your Legal Options In A Divorce

Although you may not always need a divorce lawyer to file for and handle your divorce, the divorce process can be complicated at times and there are situations in which consulting a divorce lawyer is a very good idea. You should base your decision on the complexity of your individual case and your level of comfort with your pending case.

"Uncontested" divorces, for example, in cases where the spouses are in agreement about important aspects of the split, that involve no children and very little community property are fairly simple to dissolve and you may decide that you are comfortable with filing this action yourself.

On the other hand, a couple that has been married for 20 years, have children, a marital home, pension plans, joint checking accounts or credit cards and the like may find that drafting their own divorce paperwork and handling the property distribution is far too complicated. Regardless of how long you've been married, there may also be complicated tax issues to consider as well.

Your decision may also depend on whether or not the divorce is contested. When both parties agree to divorce, they may be able to reach an amicable settlement on their own. However, when one of the parties chooses to fight for custody, spousal support or other assets, it is typically wise to hire an attorney to handle your case.

If you do decide to file your own divorce, many states have taken steps to simplify the process and offer virtual "self-serve" centers to help you handle your own legal affairs. Arizona, for example, provides downloadable forms as well as an online interactive program to help you complete the necessary forms for legal separation, divorce and other family law actions.

So, while you don't "need" a lawyer to get a divorce, there are many cases in which the complications incurred by long marriages, the presence of children, or of significant marital assets (i.e.: money or property) warrant the involvement of a family law attorney.

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วันอาทิตย์ที่ 7 มีนาคม พ.ศ. 2553

Arizona Divorce Lawyers


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According to Arizona's divorce laws, you do not need to provide grounds for dissolution of a marriage as long as you are able to prove irretrievable breakdown of your marriage. Under Arizona law, both spouses must have resided in the state for more than 90 days prior to filing the divorce suit.

In a divorce suit, there are often many other petitions filed along with the separation. For instance, there are often petitions filed for alimony and child custody. It can be very complicated, and you need to seek the services of a professional divorce lawyer who specializes in family law. The job of a professional divorce lawyer is not merely getting the divorce. Lawyers often act as mediators trying to bring the couple to settlement. In some cases, a lawyer helps to resolve conflicts actually bringing couples back together. However in most cases, there is no reconciliation, and a divorce lawyer will try to get full compensation and justice for their party. A divorce lawyer provides sound legal advice and guides his client to avoid mistakes at the time of the dissolution of the marriage.

You can search for a divorce lawyer by asking family or friends, through the State Bar Association of Arizona, the Internet or yellow pages. Once you have narrowed down the list of possible Arizona divorce lawyers to a handful, talk with them all, one at a time. Decide who will work with you the best, then make a decision as to whether to hire him or her.

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วันเสาร์ที่ 6 มีนาคม พ.ศ. 2553

Arizona DUI Attorney Fees


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The attorney fees for DUI offences in Arizona fall in different ranges in a wide variety of structures for different attorneys. There are those that charge a rock bottom fee and those whose fees are much higher. When it comes to choosing an attorney, though, it is not always a good idea to go with the cheapest or most affordable.

Attorneys who are good start getting more DUI cases through word of mouth publicity. Instead of getting overextended and not being able to do a good job of their cases, most of these successful DUI attorneys raise their fees and thus take select clients.

Those attorneys that charge rock bottom fees are the ones to be wary of. Since their fees are low, they need to take up more and more cases to survive. What this means is that they have less and less time to devote to each case, which may not be the best thing for the client. There are also attorneys who advertise and have a sales team pitching for them. These attorneys too have to take up a lot of cases to meet the expenses involved in advertising and keeping a staff. These attorneys may not have the requisite skills, expertise or attention required to handle a case.

One needs to keep in mind that attorneys' ethics prohibit them from entering agreements where the client pays them only if they win the DUI case.

Among the many variations to the fees structure available in Arizona, there is the flat fee structure, under which the client pays the full fees upfront, covering the entire range of work. This kind of an agreement is advisable for a client since under such circumstances the onus is upon the attorney to speed up the case in favour of the client so that the attorney can move on to other cases.

The other type of fee structure is one where the flat fee is spread over different phases. For example, the attorney may have a flat fee till a jury trial, and once the case proceeds to a trial, he or she will charge an additional fee.

The actual cost of hiring an attorney varies. Yet, one can expect an Arizona DUI attorney to charge anywhere between $3,000 to $15,000 for a first time misdemeanour, while the fees increases upwards from $15,000 to even beyond $25,000 for felony DUIs, excluding other costs and expert witness fees.

Some attorneys prefer to charge by the hour, with $300 an hour being a common rate. These attorneys seek an upfront retainer, upon which the billing is done. After the exhaustion of the original retainer, the client is asked to replenish it again. There are also some attorneys who adjust their payments based on the financial needs of the client.

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