Everyone needs an estate plan and without one, you leave a mess for your loved ones.  While an estate plan cannot prevent death or illness, it can protect your family from unnecessary stress, grief and family drama. An estate plan gives your loved ones exact direction on what to do and frees them to grieve without having to make difficult decisions.

1. An estate plan covers decisions in life AND death

While living, an estate plan can explain your wishes when you have a serious medical condition and can’t make decisions yourself. You name an agent, typically a family member or trusted friend to decide for you. You can create specific instructions, like whether you want to be an organ donor or want to refuse treatment when on life support with no chance of recovery in an advance directive.  By you making these decisions ahead of time, your agent can simply carry out your instructions.

In death, your estate plan lays out what you want to happen to your property at death. Who gets what and when? Do you want to leave anything to charity? Who will be the personal representative or successor trustee in charge of paying your last debts and distributing your remaining assets?

2. An estate plan is much more than a will

A proper estate plan is typically not just a testamentary will.  Typically, at a minimum, you will want the following documents:

1. Revocable Living Trust.
2. Pourover will.
3. Healthcare Power of Attorney.
4. Mental Healthcare Power of Attorney.
5. Living Will.
6. Durable Financial Power of Attorney.

3. Have a plan, or the government decides for you

Arizona has laws for what to do when someone dies or becomes incapacitated without an estate plan.  If you have no plan, the government in its infinite wisdom will decide for you.  Sometimes this is fine, sometimes not so much.  Why risk the government’s plan when you can easily decide?

4. Beneficiary designations can be your friend

Beneficiary designations can be your friend and will override your estate plan.  Some bank accounts, retirement accounts and life insurance policies ask you to name a beneficiary to inherit the money after your death. These instructions override whatever you may have written in your trust or will and other estate plan documents.  Always keep your beneficiary designations up to date!

5. A living revocable trust provide control after death

A living revocable trust is a legal entity that holds property for the benefit of someone else. You can set up a living revocable trust to control how your money and property are distributed after your death. For example, if you’re worried about your 18-year-old, pot smoking, financially irresponsible son being able to manage a large inheritance, you could put the money in a living revocable trust with a delayed distribution, dictating that your child gets the money only after turning 30 or whatever age you believe appropriate.

6. Avoid the probate process and speed up inheritance

If you die without a will or even with a will, your family will have to go to court.  It’s called the probate process.  Even with a smooth probate process, this can typically take 1-2 years.  If the probate process become contentious and the family is fighting over property, it can take longer.  Oftentimes, there is always that one family member who has to make things difficult.  If you don’t have an estate plan and your family members fight over the inheritance, they could spend everything on legal fees.

This is unnecessary.  Create a living revocable trust, fund the living revocable trust and avoid the probate process entirely.  Your property will be distributed pursuant to the trust terms and bypass the probate process.

7. Estate planning may save taxes for your heirs

Taxes should always be considered in your estate plan.  The good news is that Arizona has no state estate tax.  The bad news is that there are federal estate taxes if over the federal exemption.  The federal exemption varies from year to year.  You could minimize these taxes by planning in your lifetime, for instance by making more gifts.  After you pass away, it’s too late.

8. Remember your pets

Let’s face it, pets are a member of the family.  They must be taken care of when you pass away.  If you have a cat, dog, or other animal, include what you want to happen to them in your estate plan. Who will take over the pet, a friend or a local humane society?

9. Have a mental healthcare POA

Mental health issues are becoming more and more prevalent as we age.  Dementia and Alzheimer’s for example. When you lose your cognitive ability, it’s too late to create an estate plan.   Will you need to go into an assisted living facility?  Many mental health providers will need a mental healthcare power of attorney.  A regular healthcare power of attorney may be insufficient for many mental healthcare facilities.

10. Review your estate plan every year

Life can throw you many curveballs.  Things change quickly.  If you have an existing estate plan, your situation may have changed over the years.  If any of the following events or circumstances have occurred since the creation of your estate plan, you will probably need to revise/amend your documents:

1. A death in the family;
2. If you want a new trustee for your trust or personal representative for your will;
3. A birth in the family;
4. A divorce;
5. A new marriage;
6. If you want to disinherit a child;
7. If you want to add or change beneficiaries, including a charity;
8. If one or more of your beneficiaries predeceased you;
9. If any of your beneficiaries have special, or changed, needs that you want your estate plan to address.
10. If you received an inheritance or additional assets;
11. If you want a new person to have power of attorney (healthcare or durable financial);
12. New tax laws may have been enacted since you created your estate plan.

It’s easy to forget, but don’t delay in amending your estate plan when life changes.

With over 50 years of combined experience, we can help. Our firm possesses the dedication, determination, and compassion necessary to help you successfully plan for the future. Call us at (928) 213-5916 to speak with one of our experienced Flagstaff estate planning attorneys.

Understanding Arizona’s Statute of Limitations

In Arizona, the statute of limitations refers to the legal time period within which an injured party must file a lawsuit to pursue damages. If you fail to file a lawsuit within this time frame, the court will likely dismiss your case, and you will lose the right to seek compensation. For personal injury cases, Arizona law typically allows two years from the date of the injury to file a claim.

Types of Personal Injury Cases

Personal injury claims can stem from various situations where someone’s negligence causes harm. Common types of personal injury cases in Arizona include:

• Car accidents
• Slip and fall accidents
• Medical malpractice
• Product liability
• Workplace injuries
• Wrongful death

Each of these cases is governed by Arizona’s personal injury laws, including the statute of limitations, and involves unique processes and timelines.

The Two-Year Rule

Under Arizona’s revised statutes,12-542, the general statute of limitations for personal injury cases is two years from the day the injury occurred. This includes injuries resulting from car accidents, slip and fall accidents, and other negligence-based claims. The two-year period allows victims sufficient time to recover, and assess the long-term impact of their injuries, but it is important not to delay unnecessarily.

In some situations, however, exceptions or variations to the two-year rule may apply. These exceptions can shorten or extend the filing deadline, depending on the circumstances of the case.

Tolling of the Statute of Limitations

In certain cases, this legal time frame may be “tolled,” meaning the clock is paused, effectively extending the time you have to file a lawsuit. Common reasons for tolling include:

• Minors. If the injured individual is under 18, the statute of limitations doesn’t begin until they turn eighteen.
• Incapacitation. If the victim is mentally incapacitated at the time of injury, the statute may be extended until such time the victim is able to pursue a claim.
• Discovery of Harm. In cases where the injury isn’t immediately apparent, the statute of limitations begins when the injury is discovered.

Tolling can significantly impact the time frame for filing a claim, so it is important to speak with an attorney to determine if any exceptions apply to your case.

Comparative Negligence in Arizona

Arizona follows a comparative negligence rule, meaning that if you are partially at fault for the accident that caused your injury, your compensation will be reduced according to your percentage of fault. For example, if you are found to be 20% responsible for an accident and awarded $100,000 in damages, your award will be reduced by 20%, leaving you with $80,000.

However, even if you are found to be partially at fault, you are still eligible to recover damages, provided your share of the blame is less than 100%.

Filing Against a Government Entity

If your personal injury claim is against a government entity in Arizona (such as a city or state agency), different rules apply. Under Arizona law, you must file a notice of claim within 180 days of the injury. After that, you have one year to file a lawsuit. This is a much shorter time frame compared to the general two-year rule, so it’s important to act quickly.

Medical Malpractice Claims

In medical malpractice cases, the standard statute of limitations is still two years, but the clock doesn’t necessarily start at the time of the medical error. Instead, it starts when the injury is discovered or when a reasonable person should have discovered the injury. This discovery rule allows more time in cases where the harm wasn’t immediately obvious, but it is important to be proactive and seek legal guidance early.

FAQs

How Long Do You Have to File a Personal Injury Claim in Arizona?

In Arizona, you generally have two years from when the injury occurred to file a personal injury claim. This two-year statute of limitations applies to most negligence-based personal injury cases, including car accidents and slip-and-fall incidents. Failing to file within this period typically results in losing your right to seek and obtain compensation. However, there are exceptions in specific cases, such as those involving minors or delayed discovery of the injury.

How Long Do You Have to Make a Claim Against the Government in Arizona?

If you wish to make a claim against a government entity in Arizona, it must be filed within one year. If you slip and fall in a government building or are involved in a vehicle accident due to the poor condition of a road, you could file a claim against the government. It is vital to consult with an attorney to ensure that you file within the appropriate time frame, as missing this deadline can bar you from recovering any damages.

How Long Is the Statute of Limitations for Medical Malpractice in AZ?

For medical malpractice personal injury cases in Arizona, the statute of limitations is two years from the day the injury or wrongful death occurred. This means you have two years to file a claim against the medical provider responsible for your injury due to negligence or misconduct. The family of a patient who died due to medical malpractice also has two years to file against the responsible party.

What Is the Average Personal Injury Settlement in Arizona?

The average personal injury settlement in Arizona varies based on the severity of the injury, the extent of damages, and other factors – lost wages, medical expenses, and pain and suffering.  Settlements for minor injuries will be much different than ones that involve serious injuries. The specifics of each case, including liability and insurance coverage, play a significant role in determining the final settlement amount.

Understanding the Arizona personal injury statute of limitations is essential for anyone who has suffered negligence. The legal team at Glazer, Hammond & Smets, PLLC, is ready and willing to help if you need to file a claim. Contact our office today to get started.

Steps in the Arizona Car Accident Settlement Process

• Seeking Immediate Medical Attention After a car accident, the first priority should always be the health and safety of everyone involved. Even if injuries appear minor, it is critical to seek medical attention as some injuries, like concussions or internal bleeding, may not be immediately apparent. In addition to protecting your health, getting prompt medical care helps to document the injuries, which will be important when filing your claim.
• Filing a Police Report In Arizona, it is mandatory to report car accidents that result in injury, death, or a certain amount of property damage. This official report provides crucial documentation that will later be used during the settlement process, especially when establishing liability. Be sure to obtain a copy of the police report for your records and provide it to your attorney or insurance company.
• Contacting Insurance Companies Once you have ensured everyone’s safety and addressed any immediate health concerns, the next step is to notify your insurance company and the at-fault driver’s insurer (if applicable). In Arizona, drivers are required to carry a minimum level of liability insurance, which may be used to cover damages or injuries sustained in an accident. The insurance companies will assign claims adjusters to evaluate the damages and determine potential compensation.
• Investigation of the Accident Once the claim is initiated, an investigation process will follow. Both your insurance company and the other driver’s insurer will conduct a thorough review of the facts of the accident, including police reports, medical records, photos, witness statements, and vehicle damages. During this phase, it is important to cooperate with the investigation but also to be cautious about sharing unnecessary details, especially when dealing with the at-fault driver’s insurer.
• Determining Liability Arizona follows a comparative negligence rule, meaning that if you are partially at fault for the accident, your compensation may be reduced based on your percentage of fault. The establishment of liability can be a complex and contentious part of the process, and the involvement of legal counsel can help clarify your rights.
• Medical Treatment and Evaluation Your settlement will be directly impacted by the extent of your injuries and the treatment required for recovery. For this reason, it is important to undergo any necessary medical treatments before settling. In some cases, insurance companies may offer a quick settlement, but accepting too early can result in inadequate compensation if long-term injuries or medical costs arise.
• Negotiations and Settlement Offers Once liability has been determined and your injuries are documented, settlement negotiations can begin. The claims adjuster may make an initial offer based on their evaluation of the case. However, this first offer is often lower than what you might ultimately deserve. With the help of a lawyer, you can counter the offer and provide additional evidence to support your claim for a higher settlement. Most car accident cases in Arizona are resolved at this stage without the need for litigation.
• Filing a Lawsuit (If Necessary)If negotiations break down and a fair settlement cannot be reached, your attorney may recommend filing a lawsuit. This step involves formal legal proceedings, and the case may be taken to court if a trial becomes necessary. However, even after a lawsuit is filed, the majority of cases still settle before reaching the courtroom.
• Settlement Agreement, or Trial Verdict If a settlement is reached, both parties will sign a settlement agreement, and compensation will be paid, bringing the case to a close. If the case goes to trial, the court will decide the outcome, and the ruling will determine any compensation owed.

FAQs

How Long Does It Take to Settle a Car Accident Claim in Arizona?

The time it takes to settle a car accident claim in Arizona can vary, depending on the specifics of the case. Minor accidents with clear liability may settle fairly quickly, while more complex cases, particularly those involving disputed liability or serious injuries, may take an extended period of time. It’s important to keep in mind that medical recovery, ongoing treatment, and negotiations all affect the timeline.

What Is the Average Settlement for a Car Accident in Arizona?

The average settlement for a car accident in Arizona varies based on the severity of the injuries, the extent of property damage, and other factors, like lost wages or pain and suffering. Settlements for minor injuries will be very different than more serious accidents involving long-term injury or significant medical expenses. Every case is unique, and the compensation will depend on the individual circumstances.

What Factors Can Delay a Car Accident Settlement?

Various factors can delay a car accident settlement. The timeline can extend significantly if there are complications such as disputed liability, substantial injuries, or if a lawsuit is required. Simple claims with minimal damages tend to move more quickly through the process, while complex claims with ongoing medical treatment or contested liability can take much longer.

How Long After a Car Accident Can You Make a Claim in Arizona?

In Arizona, the statute of limitations for filing a lawsuit after a car accident is generally two years from the date of the accident. This means that if you do not settle your claim or file a lawsuit within that two-year window, you may lose your right to pursue compensation. It is important to consult with an attorney as soon as possible after an accident to ensure that you do not miss any critical deadlines.

The legal team at Glazer, Hammond & Smets, PLLC, is ready and willing to help after a car accident. Understanding the Arizona car accident settlement timeline and process in 2024 is essential for anyone involved in a collision. By knowing what to expect and preparing for each step, you can better navigate the complexities of the insurance and legal systems.

Contact our office today to get started.

Sedona, Arizona Crime Rates

To understand an area’s crime rate, it is helpful to review multiple sources, as each data pull may not include all applicable agency crime reports. It is also important to note that not all crimes are properly reported. While crime rate data is helpful, it is important to be aware that it may not offer a full picture of all crime in an area.

The Arizona Crime Statistics gathers data from participating agencies on a monthly basis and attempts to keep their information as up-to-date and accurate as possible. These statistics state that in 2022, there were a total of 268,028 crimes in the state, and in 2023, there was a total of 223,726 crimes in the state. In 2023, there were a total of 129,858 arrests with a population of 7,438,637 in the state, making the arrest rate 1,745.72 per 100,000 residents.

According to the Arizona Crime Statistics from Sedona PD, 30 violent crime cases were reported in Sedona in 2023, and 90 larceny, five vehicle theft, and 36 burglary cases were reported in the property crimes category. Compared to other cities in Arizona, such as Scottsdale, which had just over 400 violent crime cases in 2023, Sedona is generally regarded as a low-crime city, as shown in this data.

Understanding Violent and Property Crimes in Crime Rate Data

Crime rate data provides valuable insights into the safety and security of a community, but it is essential to recognize the distinctions between violent and property crimes to fully understand what the statistics represent.

Violent crimes tend to be more severe due to their immediate impact on a victim’s physical and emotional well-being. Common types of violent crimes include the following:

• Murder: The unlawful killing of another person.
• Assault: Physical attacks or threats of violence that result in injury or create a reasonable fear of harm.
• Robbery: Taking property from another person through force or threat of force.
• Rape: Non-consensual sexual activity achieved through coercion or force.

Property crimes involve the theft, damage, or destruction of property. These crimes typically do not involve direct physical harm to individuals but can still cause significant financial and emotional distress. Common types of property crimes include the following:

• Larceny-Theft: Stealing property without breaking and entering, such as shoplifting or theft from vehicles.
• Burglary: Breaking into a building with the intent to commit theft or another crime.
• Motor Vehicle Theft: The theft of cars, trucks, motorcycles, or other motorized vehicles.
• Arson: Intentionally setting fire to property, causing extensive damage and risks to people and property.

Violent crimes are often given more attention due to their severe impact on victims and the community, whereas property crimes often result in financial losses for individuals and businesses, affecting insurance rates and property values. By understanding the nuances between violent and property crimes, stakeholders can better address the specific needs of their communities, implement effective crime prevention measures, and enhance public safety.

FAQs

What Is Crime Like in Sedona, Arizona?

Sedona, Arizona, has a relatively lower crime rate than many other cities. Crime categories include violent and property crimes. Violent crimes include assault, robbery, and homicide. Property crimes include burglary, theft, and vandalism. The city is generally considered a safe and welcoming place, which makes it an attractive destination for both residents and tourists.

Where Can I Find Accurate Crime Rate Data?

You can find accurate crime data by utilizing reputable sources such as the FBI Uniform Crime Reporting (UCR) Program, local police department websites, the U.S. Census Bureau, and by viewing local newspapers and news outlets. It is also possible to visit local police departments in person and request crime statistics and annual crime reports. No matter your location, there are several options in finding reputable data.

What Is the Difference Between Violent Crime and Property Crime in Crime Rates?

The difference between violent crime and property crime within the context of crime rates is their representation of different categories of criminal offenses, each with distinct characteristics and impacts. Violent crimes involve the use or threat of physical force or violence against another person, like murder and assault. Property crime involves crimes that primarily affect personal or public property, such as theft or arson.

Understanding these differences helps in analyzing crime data and addressing the specific needs and concerns of communities affected by each type of crime.

How Are Crime Rates Calculated?

Crime rates are calculated to provide a standardized measure of crime in a given area, allowing for comparison across different locations and over time. They are typically calculated from law enforcement agencies, such as police departments, which record the number of reported specific crimes within their jurisdictions.

This data is usually categorized by the type of crime, such as violent or property crimes, and then further sorted into areas of specific crimes in those general categories.

Speak With a Trusted Criminal Defense Attorney Today

Understanding crime rates is crucial for recognizing the challenges our community faces, but it’s equally important to remember that these statistics reflect real people and complex situations. If you find yourself dealing with the legal system, it is essential to have the right legal representation on your side. A defense attorney at Glazer, Hammond & Smets, PLLC is committed to ensuring that our clients receive a fair trial and that their rights are protected.

If you are facing criminal charges, or need legal advice, reach out to set up a consultation today. Together, we can navigate the legal process and work towards a fair outcome.

If someone else’s negligent driving leads to a collision, you may be able to hold the at-fault driver accountable by hiring a personal injury law firm. At Glazer, Hammond & Smets, PLLC, we have helped many clients receive monetary compensation following a car, truck, or motorcycle accident. You shouldn’t have to suffer due to someone else’s negligence or simply accept becoming another unfortunate statistic.

Arizona Car Accident Statistics

Roadway debris accounts for a significant number of crashes on Arizona roadways, a 2024 news report found. In 2022, 1,100 crashes resulted from debris and obstacles on the roads in Arizona.

When it comes to deadly car crashes, Arizona ranked 42 in 2020 for most deadly car collisions in the country, meaning only nine states have more deadly crashes per year on average. Looking at data from 2013-2020, Arizona frequently ranked above 40 using this system. Of Arizona’s cities, Phoenix has the highest number of crashes per year on average. The city reported 40,833 automobile accidents in 2021.

Maricopa County accounts for the majority of car accidents and fatal crashes in Arizona. Around 72% of all crashes in the state took place in Maricopa County in 2022. Urban areas accounted for 62% of vehicle collisions in 2022, while only 37% of crashes occurred in rural areas.

Alcohol and DUIs play a significant role in roadway accidents and fatalities. Alcohol was a contributing factor for 4.6% of car accidents in Arizona in 2022 and 17% of fatal car wrecks that same year.

Around 70% of crashes occurred during daylight hours. Teenagers are twice as likely to die in a car accident than young adults 19-25. Gender plays a role in fatal car crashes. Men are 1.5 times more likely to die in a car accident than women.

Contributing Factors to Vehicle Collisions

While car accidents can be caused by many factors, a few causes are more common. These include:

• Distracted driving: Distracted driving involves any situation where a driver takes their eyes off the road, hands off the wheel, or their focus off driving. Smartphones are a major contributor to distracted driving. Anyone who was not paying attention to the road when they caused an accident could be held responsible for any damage or harm they caused.
• Speeding: Speed plays a major role in accidents. When drivers drive faster than the posted speed limit or faster than weather conditions warrant, the excess velocity can make reacting to changing road conditions more difficult. If a collision does occur, excess speed can make the collision more damaging than it otherwise might have been.
• Impaired drivers: Driving while intoxicated is against the law in Arizona. Drivers can be impaired due to drugs, alcohol, or prescription pills. Impaired drivers are more likely to engage in dangerous or reckless behavior. They are also less able to react to sudden changes in road conditions.
• Weather conditions: Weather conditions should inform how people drive on the road. All too often, drivers fail to slow down when roads are wet or when weather limits visibility. Failure to adjust driving habits when the weather is a risk factor can lead to negligent driving that can raise the risk of an accident.

Who Is Liable in a Car Accident in Arizona?

Arizona is an at-fault state when it comes to driving liability. This means that the driver who caused the accident is responsible for paying for any damage or bodily harm they caused. One way drivers take financial responsibility for causing an accident is by maintaining car insurance.

The state minimum coverage that drivers have to maintain is $15,000 for property damage, $25,000 for bodily harm to one person, and $50,000 for bodily harm to two people. In the event of an accident, the injured party is entitled to monetary compensation from the at-fault driver’s insurance policy. Many drivers find that having legal representation from a personal injury lawyer throughout that process comes with benefits.

FAQs

What Is the Accident Rate in Arizona?

Around 3.5 people die on Arizona’s roads every day. A further 155 are injured on average every day. This translates to one injury every 10 minutes throughout the year. If you live in an urban area, you are statistically more likely to experience an accident. The majority of car wrecks occur in Arizona’s most populous county, Maricopa County.

Where Do Most Accidents Happen in Arizona?

Most accidents in Arizona happen in urban areas. Around 86% of car crashes in 2022 occurred in urban areas. The high percentage is due in part to the density of populated areas and higher speeds that occur along urban highways. Out of over 119,000 car crashes that were recorded in 2022, more than 85,000 were reported in Maricopa County.

How Many Car Accidents Occur Per Day in Arizona?

Around 300 car accidents occur every day in Arizona. Automobile collisions are more common during times of heavy traffic and during times of the year when people are traveling for the holidays. During spring and summer months across the country, accident rates go up between 8 p.m. and midnight. Non-fatal crashes are more likely to occur between noon and 5 p.m. during the summer.

What Is the Number One Cause of Crashes in Arizona?

The leading cause of car crashes in Arizona and across the country is distracted driving. Any time a driver takes their eyes off the road, they place themselves and others in peril. Distracted driving occurs when someone takes their eyes, hands, or focus off the road. At high speeds, just a few seconds of distraction can leave drivers unaware of the road conditions for several hundred feet. Distracted drivers are less able to react to changing road conditions.

Schedule Your Arizona Car Crash Consultation Today

Arizona is one of the more dangerous states when it comes to deadly car crashes. Being aware of the main causes of car accidents can help you stay safe while on the road. If you or a loved one was injured due to the negligence or misconduct of another driver, you may be able to hold the at-fault driver accountable by working with an experienced personal injury law firm.

An experienced car accident attorney can work to protect your rights and fight for a fair settlement that helps ensure you are not responsible for injuries and damage caused by someone else. To schedule your car accident consultation, contact our office today.

Are Attorneys Worth the Cost?

It may be tempting to consider defending yourself or not hiring a private defense attorney. Defendants have the right to represent themselves “pro se,” but doing so can come with inherent risks. Facing criminal charges is an emotional ordeal, and making decisions on your own behalf can lead to errors and additional stress.

If you’re not a lawyer, you’ll lack the legal knowledge necessary to craft an effective defense. Having a talented attorney on your side can help you make decisions with an objective, clear mind and feel more confident in those decisions.

Representing yourself could also lead to errors that can seriously compromise your case, such as if you were to miss a filing deadline, miss a hearing, or file an incomplete or incorrect motion. Arizona has strict rules on how evidence can be admitted and how hearings are held. Experienced attorneys can bring years of formal training and first-hand experience when representing clients.

Lawyers often have working relationships with judges and prosecutors that can prove crucial when negotiating plea bargain agreements. This is an advantage that most average citizens do not have when representing themselves. A lawyer’s courtroom familiarity can work in your favor when trying to reduce the charges you are facing.

How Do Lawyers Charge for Their Time?

Defense attorneys work on either a billable hour or flat fee basis. If your lawyer charges by the hour, they may disclose their hourly rate during your consultation. Once you accept representation, they can charge you by the hour for the time they put into your case. Often, they will require an up-front payment known as a retainer. The retainer is billed until it is completely depleted, at which point you may have to pay another lump sum of money for your defense.

Attorneys who work on a flat fee basis charge a one-time fee for their services, generally with the understanding that they will represent you through trial if needed or even through the appeals process if necessary. An attorney is more likely to charge a flat fee if they are confident about how much work your case will take them. If they believe they will be putting in additional hours for which they are not compensated, a flat fee is unlikely.

Ultimately, the fees any attorney charges are based on their experience, success rate, training, and reputation. Attorneys who come from respected law firms and have a track record of success can charge clients accordingly for their services. In choosing a lawyer, you’ll want to select someone with relevant experience, knowledge of your local legal system, and a solid reputation. As with any professional, the better the service, the higher the cost is likely to be.

FAQs

What Types of Fees Do I Have to Pay as Part of My Defense?

Depending on what type of crime you are charged with, you may have to pay court fees, supervision fees, and other costs associated with your defense. If you volunteer to attend drug rehabilitation or are court-ordered to attend, you will have to pay those fees yourself. Anyone facing a DWI may have to pay for the use of an ignition interlock system.

How Can I Save Money on My Defense?

One way you can ultimately save yourself time and money is through hiring an experienced criminal defense attorney who has a track record of helping clients who face the same charges you are facing.

By resolving a case sooner rather than later through the timely filing of motions, negotiations with prosecutors, and the implementation of a strategic legal plan, your attorney may be able to reduce the time you spend facing charges. A reduction in your charges or penalties could also ultimately save you money.

Is a Criminal Lawyer Worth the Cost?

When it comes to preserving your freedom and liberties, many clients find that an attorney is worth the cost. A lawyer’s main job is to protect your rights throughout the criminal court process. Having legal counsel provides a level of certainty during uncertain times. A knowledgeable lawyer brings years of experience to your defense so you can improve the chances of resolving your case with favorable outcomes.

What Does a Criminal Defense Attorney Do?

Your criminal defense attorney may spend considerable time preparing for your defense. This involves researching and investigating the facts and background of your case. A defense attorney may consult with outside professionals who have knowledge in certain areas, like forensics. A defense attorney also reviews the testimony of witnesses to find weaknesses in the state’s case against you.

Should I Hire a Criminal Defense Attorney for a Misdemeanor?

Yes, it’s advised to hire a criminal defense attorney for a misdemeanor. While the penalties for misdemeanors are less serious than those for felonies, they can still have a significant impact on your life and leave you with a criminal record. An attorney can help reduce the negative impacts of your charges and fight for an acquittal or a favorable plea deal. As a layperson, it will be extremely difficult to represent yourself and negotiate with prosecutors.

Schedule Your Criminal Defense Consultation Today

The up-front cost of legal representation may seem daunting, but the peace of mind that a lawyer affords is well worth the price for many defendants in Arizona. The cost of legal representation is often tied to the experience and reputation of a law firm’s attorneys. At Glazer, Hammond & Smets, PLLC, our lawyers are client-focused, and winning is our priority.

We do not take cases unless we believe we can offer a clear legal strategy that benefits our client. Once we take on a client, we focus on maintaining our relationship with them and communicating honestly and directly. Call us today for compassionate and personalized legal guidance.

At Glazer, Hammond & Smets, PLLC, we only represent you when we believe that our services are the right fit and can offer you the quality legal assistance you deserve. Our experienced DUI attorneys pride themselves on creating client relationships based on direct and open communication as well as complete honesty and transparency.

What Are the Laws About Driving While Under the Influence in AZ?

In the state of Arizona, it is against the law to operate a vehicle while under the influence of alcohol or other substances that impair your ability to effectively and safely drive an automobile. This intoxication is typically measured by testing a driver’s blood alcohol content/concentration (BAC); BAC levels at 0.08 percent or higher are considered to be over the legal limit and an impairment to your ability to operate a car.

Additionally, minors found driving with any alcohol (a BAC level above 0.00% is illegal for them) or drugs in their system will automatically be charged with a DUI. Intoxicated persons who are only found behind the wheel and not actively driving can still be charged with a DUI since the driver is still in a position of having “actual physical control” over the vehicle. You may also still be charged with a DUI within two hours of driving if your BAC is still above the legal limit.

Arizona’s “Shelter Rule” Law

Arizona passed the shelter rule to prevent drunk drivers from feeling pressured to drive to their destination or somewhere else in fear of getting caught while in violation of the law. The “Shelter Rule” states that pulling onto the roadside or in a parking area is a temporary shelter defense against DUI charges, as the driver is arguably relinquishing their physical, intoxicated, control of the vehicle.

Those who take these measures to avoid drunk driving must still take certain details into consideration to be legally viewed as not being in control of the car; just resting immediately after pulling over and parking isn’t sufficient. Sleeping in the back of the car with no keys in the ignition while parked somewhere late at night, when most people are likely to drink and drive, are the most sensible circumstances in which to observe someone as taking shelter.

Punishments for a DUI, Including When the Offense Is Aggravated or Extreme

A DUI is deemed as aggravated if you were driving with:

• A suspended/revoked license
• A child under 15 was in the vehicle
• An ignition interlock device (IID) but refused a BAC test

This charge can also be applied if it was your third DUI violation within 84 months of your last conviction.

If convicted, this crime is viewed as a felony instead of the usual misdemeanor label. Penalties may include:

• Up to two years in prison
• No license for a year
• Required alcohol education, treatment, and screening
• An IID installed in your vehicle
• Community service

Extreme DUIs are instances where the driver’s BAC is over .15 percent. A first extreme DUI conviction will result in a required 30-day minimum in jail without the potential for probation or suspended sentencing. Accompanying fines are at least $2,500, an IID installation is mandatory, and the offender must also participate in an alcohol education, screening, and treatment program.

A first DUI conviction with no extreme or aggravated circumstances requires:

• 10 days minimum in jail
• Up to five years of probation
• A minimum of $1,250 in fines
• A required IID installment
• Community service
• An alcohol education/treatment program

A second DUI charge has similar penalties, except the jail time increases to at least 90 days (at least 30 served consecutively), fines increase to a $3,000 minimum, and a license suspension can last a year or more.

FAQs

What Are the Penalties for DUI in Arizona?

DUI punishments in Arizona will vary depending on if it’s your first or a subsequent offense and if the DUI was aggravated or extreme. However, most DUI penalties will include some duration of time spent in jail and costly fines to pay. The more severe the circumstances, the more serious the punishments will be.

Additional potential penalties include:

• IID installation in any car you drive
• Community service
• Alcoholism treatment and/or education
• License suspension or revocation

Can I Avoid Jail Time for a First DUI in Arizona?

If you are found guilty of a first DUI charge, you unfortunately cannot avoid the mandatory minimum of 10 days in jail. For this misdemeanor, you can also be sentenced to:

• A minimum of $1,250 in fines
• A required IID installment
• Mandatory community service
• Up to five years of probation
• Alcohol education/treatment programs

Is Arizona Strict About DUI?

Yes, the state of Arizona is very strict about deterring its citizens from driving while under the influence, and the law reflects this. Driving while intoxicated and impaired by alcohol or other drugs is a serious threat to the public’s safety. That is why the penalties for such violations are often severe so that similar behavior is strongly discouraged.

Can a Lawyer Get You Out of a DUI in Arizona?

It’s never guaranteed that a DUI defense lawyer can get your charge dropped, but their assistance would only benefit you. They may be able to provide sufficient evidence to prove that:

• You were not intoxicated above the legal limit.
• The failed test(s) were inaccurate/unfair.
• There was a lack of probable cause.

In addition to these, an attorney may use other defense arguments, depending on the circumstances of your case.

Even if you are found guilty, your attorney can still make a case for you to receive lighter penalties, such as less jail time, lower fines, or alternative options for punishments.

Don’t Accept the Maximum Penalties If You Don’t Have To

Glazer, Hammond & Smets, PLLC, is composed of qualified legal professionals ready to discuss your case during a consultation. A skilled attorney can review the details and provide you with an idea of your options and how the legal proceedings might go.

Revocable trusts and wills are both ways to ensure that you, not the court, are the one who determines what happens to your things when you’re gone. They do have certain differences, and both have advantages and disadvantages.

What Is a Will?

In a will, you can lay out how you want your estate to be distributed in the event of your death, and you can make amendments to change it whenever you’d like, as long as you’re of sound mind. The people you designate to become the new owners of your assets are called beneficiaries. Beneficiaries can receive more than just your tangible possessions—they can also receive things like your accounts, investments, and insurance plans.

A will is a document in which you can name who you’d like to be the guardian of any minor children you may have. You can also include who you want to be the executor of your estate. This is the person who will distribute your assets as described in your will. They also have to complete certain tedious tasks, like paying any bills or debts that you left behind.

If you leave a will and no trust, your estate will likely go through probate, which is the process where the court validates and carries out the instructions of a will. In Arizona, estates with personal property that is valued at $75,000 or less do not have to go through probate if it’s been at least 30 days since the decedent (the creator of the will) has died and no one has applied to be the executor. A will needs witnesses to be considered valid, and you should have a lawyer help you to ensure that everything is in accordance with the law.

What Is a Revocable Trust?

A revocable trust is another name for a living trust, and as the word “revocable” implies, it can be changed at any time. Just like a will, a revocable trust can also include the people you want to receive your assets when you pass away. You could transfer property to someone through a trust at any time. However, they are effective as soon as they are created, unlike wills, which only go into effect upon your death.

While an executor takes care of the property left behind in a will, a trustee does the same with the assets in a trust. However, trusts do not have to go through probate, regardless of the value they contain. To create a revocable trust, you should consult with an estate planning lawyer who can make sure that your trust is legally valid.

How Do Wills and Revocable Trusts Differ?

Trusts and wills differ in many ways, but one is quite significant: trusts can allow your estate to bypass probate. This can be a very lengthy legal procedure, with fees that expose your financial affairs to the public, and it can even involve challenges and disputes from the people affected by your will. With a trust, the individuals you want to receive your property can receive it much more quickly and easily, without fees and court dates. Trusts can also help your estate avoid some estate taxation.

There is a disadvantage to creating a trust, though. The process of creating a trust can be more complicated and expensive than that of a will, so you should decide if a trust works for you. If you have a small estate that could bypass probate with a will, a trust may not be worth the cost.

Is a Will Still Necessary If You Have a Trust?

Even if you have made the choice to create a trust for your estate plan, you should still make a will. This can catch anything that you didn’t specifically put in a trust, since you probably won’t remember every single thing you own. Additionally, you can choose who you want to be the guardian of your children, if they are minors.

FAQs

Should I Use a Will or a Revocable Trust?

If you want your estate to avoid probate, estate taxes, and public exposure, you should create a revocable trust. In this case, you would still need to have a will to catch anything that was not placed in the trust and take care of things that a trust cannot. If you have a small estate that could bypass probate and you’re not concerned about things like estate taxes, you may not need to create a revocable trust and could instead create a will.

What Is the Difference Between a Will and a Revocable Living Trust?

Trusts allow an estate to avoid going through probate, unlike wills. They can also reduce taxation on property that is transferred to individuals. While wills cover all of a decedent’s assets, trusts only cover assets specifically put into them. In addition, there are some things that you can only do in a will, such as choosing a guardian for your children if they are minors.

Does a Trust Avoid Probate in Arizona?

Trusts do not go through the process of probate in Arizona. This is an enormous advantage since probate can be very difficult for the loved ones you leave behind. During probate, family members may try to challenge or dispute your will in court, and everything goes on the public record. Therefore, by creating a trust, you can make things much easier for those you love when you’re no longer around.

What Is the Disadvantage of a Revocable Trust?

One drawback of a revocable trust is that it requires a lengthier, more expensive process to set up than a will. Trusts are more complex, and lawyers will charge more money to help you with them. However, they may be able to save you or your loved ones money on taxes and other things later on.

Contact Glazer, Hammond & Smets, PLLC

You should treat estate planning documents like wills and trusts with the utmost care because they are imperative to the distribution of your assets when you pass away. If your will or trust isn’t legally sound, your loved ones could be unable to receive your property as you intended. This is why you need an attorney to help in the creation of your estate plan. Glazer, Hammond & Smets, PLLC, is a law firm that treats estate planning with the care that it deserves. Reach out to our team to discuss your estate planning needs today.

Hi, my name is Steve Glazer with The Glazer Law Office, and we’re going to talk about a concept called bond.

In every criminal case, a judge has to set release conditions and it can be done in a variety of ways. They can release you on your own recognizance, which is a promise to appear. No money is involved in order you secure your appearance.

There are other types of release. One is unsecure bond, which means you don’t have to pay any money in order to get out of jail. You just simply, if you don’t appear when you’re supposed to, then you owe the court money.

Third party release is another type of release where you have a third party, another person who will swear to the court that will bring you to and from court.

But, what’s most common is either one- being released on your own recognizance for relatively minor offenses, misdemeanors, and low level felonies.

But, what’s most common is a court setting bond. Bond is where you give money to the clerk’s office. That’s in a dollar figure that is used to secure your appearance. So, if you show up to all your hearings, when your case is over you get the money back. If you don’t show up, they’re simply going to keep your money.

So, the more serious the offense, the higher the bond is. If you are caught transporting marijuana, cocaine, methamphetamine, heroine, narcotic drugs, dangerous drugs, whatever it might be, those are relatively serious offenses, a bond might be $100,000. Or, if you’re involved in a murder case your bond might be 1 million dollars, sometimes higher. If you get stopped for a DUI, a common bond would be $1,500, give or take, if you’re convicted, what the fine would be if you’re convicted of a DUI.

Your prior criminal history would be taken into consideration. The more crime you’ve committed in the past, the more likely you would have a tendency to flea the jurisdiction because the punishment gets higher. You could be deemed a flight risk. The greater history you have of failing to appear at court would factor into how high the bod is going to be in a particular case. There are a variety of factors the court takes into consideration to set an appropriate bond.

If you have any questions about bond, or how to bond out of jail, give me a call. 928-213-5916.

Car wrecks, dog bites, and slip and falls are accidents that often lead to injuries. The victims of such accidents can be forced to deal with medical bills, recovery time, and an overall decrease in their quality of life.

The personal injury process attempts to provide financial compensation in these circumstances, and when these types of cases are pursued, an insurance company will inevitably be involved. For this reason, it helps to have a basic understanding of what factors insurance entities consider when calculating settlement offers.

Each claim is different, and there is no exact way to determine a settlement figure without the help of a personal injury attorney. However, keep reading for an overview of what elements are commonly considered in an insurance company’s settlement calculation.

The Percentage of Fault

The amount of fault that a plaintiff is found to have in an accident is a key factor in determining a settlement figure. Arizona is a “pure comparative negligence state”. This means any compensation that a plaintiff is entitled to will be lowered by the percentage of their own negligence.

In other words, say driver A and driver B get into a car accident. By examining evidence, a determination has been made that driver A is 20% responsible for the accident, and driver B is 80% responsible. Driver A has filed a personal injury suit and is pursuing compensation for damages from driver B. However, because driver A is found to be 20% at fault for the crash, they can only collect 80% of the total amount of financial compensation.

Factors that Arizona insurance companies must compensate for

When fault is determined in a personal injury case, there are some factors that the liable party must pay for. Thus, the at-fault party’s insurance company must ensure that the settlement value covers these costs. Two categories of damages emerge here: economic and non-economic.

Economic damages are costs that can be monetarily counted, such as all bills that the plaintiff was forced to pay in response to the incident. The economic damages that must be compensated for are:

• All expenses that the plaintiff paid for medical treatment. However, the plaintiff must prove that a bill’s amount is “reasonable” or “customary”, as well as necessary to treat an injury caused by the accident.
• Property damage from the accident (the insurance company will consider paying either to repair property damage or compensate the property’s actual market value depending on which option is less expensive)
• Any income that was lost due to the incident

Non-economic damages are costs that cannot be exactly calculated and address any decline in the plaintiff’s quality of life. The non-economic damages that must be compensated are:

• Any long-term disfigurement or disability that is incurred from the incident
• Any physical pain and suffering that the plaintiff now suffers from
• Any emotional pain and suffering, such as PTSD, that resulted from the incident

Don’t go through the personal injury process alone. hire an experienced arizona attorney to navigate the process for you

If you want to receive the most compensation possible in a personal injury case, the best step you can take is to hire an attorney that is experienced with this process. Personal injury attorneys have a lot of experience in dealing with insurance companies. By examining your case and understanding its unique circumstances, the best representation will determine what you are qualified to receive and negotiate on your behalf to make sure you get a fair settlement offer.

Attorney Keith Hammond has earned his personal injury clients millions of dollars for their claims over the course of his career. The Glazer, Hammond & Smets, PLLC team is experienced, well-known, and prepared to take each step necessary to earn their clients the settlement they deserve. Don’t miss out on receiving more money for your personal injury claim. Get in touch with Glazer, Hammond & Smets, PLLC today and schedule a consultation to discuss your options.