Archive for the ‘AZ Attorney’ Category

Arizona Criminal Defense Lawyer

Posted on: September 10th, 2015 by Kevin Jensen

An Arizona Criminal Defense Lawyer deals with an area of law that is not only complex on both a state and federal level but is also constantly changing.  The appellate courts are always hearing criminal appeals out of lower courts, and as such are always interpreting the law in different ways based on new issues and new facts presented to them by the lawyers.   The laws vary from state to state, and although the underlying principals may be the same, the legislatures for each state creates its own definitions and punishments for criminal offenses.

The vast majority of crimes are local or state crimes, as opposed to federal offenses. In Arizona and other states that have significant areas of land set aside for Tribal Reservations, there is an additional court for certain crimes that occur on tribal land.  Those courts follow yet another set of rules that are often quite different from the rules and definitions laid out by the legislature.  The reason there is a separate tribal court is that by definition the Tribal Communities are sovereign nations and as such, do not necessarily have to follow all the rules by which non-tribal courts are bound.

Because of all the nuances of criminal law, including the constantly changing laws, the differences between jurisdiction, and the varying penalties associated with different crimes, it is very difficult if not impossible for the average person to have an adequate understanding of criminal law or even the criminal justice process to represent himself in court.  Many a person who has tried to do so has failed and unfortunately suffered the consequences of his ignorance.

Just because a person is not an attorney does not mean that the court will be more lenient.  In fact, a person choosing to represent himself in court is held to the exact same standards that a criminal defense lawyer who has been practicing for years is held to, and a failure to understand the law will not constitute an adequate defense to avoid being found guilty.  The long-term consequences of a criminal conviction, even a minor one, can be extremely detrimental, and it truly takes a competent criminal defense attorney to investigate all your options and ensure that your rights are protected. This is why it is of the utmost importance to have a Mesa criminal defense lawyer that is knowledgeable about the criminal defense argue on your behalf.

For More criminal defense questions:

The Hogle Law Firm
1013 S. Stapley Dr.
Mesa, AZ 85204
(480) 999-5334

Deadbeat Parents: How to Enforce Your Arizona Child Support Order

Posted on: January 16th, 2013 by Kevin Jensen

I read an interesting article the other day about a man named Corey Curtis in Wisconsin. Mr. Curtis is the father of nine children with six different mothers. According to the news article, Mr. Curtis owes almost $100,000 in back child support. The fact that Mr. Curtis has multiple children by multiple women and is not paying child support is not what made this story newsworthy. What made this article interesting is that the family court judge, exasperated by Mr. Curtis’ failure to take responsibility for his children by paying his child support, ordered, as a condition of his probation, that he not procreate until he can demonstrate to the court that he can provide for his children. Under Wisconsin law, this type of legal restriction is permissible.

The problem with deadbeat parents is a nationwide problem, including in Arizona. Here in Maricopa County, Sheriff Joe Arpaio conducts an annual deadbeat parent roundup. These sweeps are aimed to locate and arrest the parents (usually fathers) and criminals who are not providing court-ordered financial support for their children. Sheriff Arpaio points out that the purpose of his “Operation Don’t Be a Deadbeat” roundups is to send a message to parents to pay their child support. “As a Mesa Arizona criminal defense attorney this is one of Sheriff Joe’s programs I can support.” Says Mesa lawyer Dana Hogle

The failure for a parent to pay child support can impact all of us. According to a 2011 Census Bureau Report, more than $35 billion dollars in child support was owed nationally in 2009. Among the more than 6.9 million custodial parents who were awarded child support in 2009, only 41.2% received the amount that was due. 29.2% of custodial parents nationwide received none of the child support money they were due. The lack of payment to support these children naturally results in the need for more government programs to assist single parents who do not get consistent support. Other government resources, such as courts and child support enforcement agencies spend millions each year to track down deadbeat parents.

In my experience as an Arizona family law attorney practicing in Mesa and the East Valley, the best strategy to enforce the non-payment of child support is to be aggressive and consistent. State and federal laws make it a crime to not pay child support. Too many single parents, mostly mothers, simply do not have the ability or resources to try to enforce child support orders. One good resource in Arizona is to contact the child support enforcement division of the Arizona Department of Economic Security. AZDES has many resources to assist in the enforcement of child support orders. Among the remedies available to AZDES is to seize assets of a non-paying parent, placing liens on the property, intercepting lottery winnings, suspension, and revocation of drivers’ licenses and reporting non-payment to credit bureaus.

Another option is to hire an experienced Arizona family law attorney to file a child support enforcement petition and/or motion for contempt. An enforcement or contempt action is brought before a family court judge, usually, the judge that handled the original divorce. The process includes filing a petition and serving it on the non-paying party. The court then sets an Order to Show Cause hearing and requires the non-paying parent to come into court and explain why he or she is delinquent in paying their child support obligation and providing insurance. The court can impose any number of remedies under Arizona law, including garnishment, attachment, liens, etc. Status conferences on frequently set so the court can continue to track the progress of the non-paying parent. More significant remedies can be imposed, including jail and criminal charges for failure to pay child support. I frequently hear some individuals threaten to file bankruptcy on back-child support. This is an idle threat because child support is non-dischargeable in bankruptcy court. A child support arrearage never goes away and just keeps accruing interest for years and years to come.

Any parent that is owed back child support should take aggressive measures to enforce the child support order. Making a non-paying parent stand before a judge and explain his or her failure to take care of his or her children is an uncomfortable thing for most parents. In many cases it is not a matter of ability to pay, it is a matter of motivation. With the proper motivation, many deadbeat parents begin working on the delinquency. Non-payment of child support is a serious matter with serious consequences that affect all of us. The answer to non-payment is not often going to be a court order prohibiting procreation (although it is not a bad idea). A better answer is more accountability and consequences. Aggressively enforcing your child support order with court action may be all the motivation your ex-needs to do the right thing.

Attorney Sues Himself

Posted on: November 20th, 2012 by Kevin Jensen

I saw this and I couldn’t help but share: I hope you get a good laugh at this attorney.



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