Who Defends Justice: Inside Criminal Lawyers?Criminal lawyers are really important in the legal system because they help people who are accused of breaking the law. They do more than just go to court – they investigate, negotiate, and plan ways to protect their clients’ rights. Understanding how varied their job is shows how crucial they are in making sure fairness […] onsiteexpert8What Defines a Divorce Lawyer’s Role?Divorce lawyers, also recognized as family law attorneys, are legal professionals specialized in guiding individuals through the complexities of marital separation. Their expertise lies in navigating the intricate legal procedures and emotional challenges associated with divorce. These professionals serve as advocates, providing essential legal counsel and representation during the dissolution of marriages. In this guide, […] onsiteexpert8Embarking the Quest for a Personal Injury LawyerAfter an injury, the journey to find a personal injury lawyer is more than just looking online. It’s a big decision that goes beyond basic searches or listings. Choosing the best personal injury lawyer involves careful thought and understanding specific qualities that make them a good match for your situation. To find the right lawyer, […] onsiteexpert8Choosing the Right Divorce Lawyer: Your GuideDivorce can be really tough, and having the right lawyer by your side is super important. When you’re going through a divorce, finding a lawyer who understands your needs and can represent you well becomes a big deal. The journey to find the right legal help needs more thought. It’s about understanding what you need, […] onsiteexpert8Comprehensive Employment Agreement Guide for WorkplaceDealing with employment law can be tricky for employers. It involves not just knowing about various employment agreements but also ensuring you’re doing everything by the book. A question that often comes up is when an employee might need an employment lawyer. However, our focus here is to help employers understand and manage these legal […] onsiteexpert8Securing a Good Lawyer: Beyond Qualifications and ExperienceIn the complex world of law, choosing the right lawyer involves more than just checking their qualifications and experience. While those are important, they’re not the only factors that matter. It’s about finding a lawyer who not only has the right expertise but also communicates well, shows empathy, strategizes effectively, and adapts to your needs. […] onsiteexpert8Finding a Skilled Criminal Defense LawyerFinding a good lawyer for your legal defense can make a huge difference when facing criminal charges. It’s important to have someone who can represent you fairly and effectively. Throughout this article, we’ll explore key aspects to consider when seeking expert legal help during tough times. Navigating the complex legal system can feel overwhelming, especially […] onsiteexpert8Navigating Legal Terrain: How to Find a Reliable LawyerLooking for a lawyer can feel overwhelming when you’re dealing with legal issues. Whether it’s an injury claim, business problem, or family matter, having the right lawyer matters greatly. Finding one involves thinking about your needs and doing some research. There are many places online to search, but knowing how to navigate these resources is […] onsiteexpert8Phoenix Paralysis Injury AttorneyWhile an accident can happen anywhere and to anyone, related injuries are usually not the same. Many people sustain injuries and successfully recover. However, some people are not as lucky as they sustain catastrophic life-changing injuries that leave them paralyzed. These injuries often lead to the permanent loss of some critical bodily functions, including the […] Kevin ChapmanPhoenix Spinal Cord Injury AttorneyA spinal cord injury is one of the most catastrophic injuries a person can suffer. It often leaves victims with permanent disabilities requiring life-long medical care. The spinal cord controls critical body functions, including movement and sensations, and an injury can lead to a permanent loss of these essential functions. From the high cost of [...]Kevin ChapmanNursing Home Malpractice LawyerThe United States federal government invests millions of dollars in Medicaid and Medicare programs to guarantee proper and compassionate care for nursing home patients. Additionally, you expect nursing home caregivers to treat your loved one with respect and care. However, this is not always the case with the all-too-frequent reports of abuse and neglect in […] Kevin ChapmanMesa Fatal Car Accident AttorneyMesa Fatal Car Accident Attorney Approximately 42 percent of Arizona motor vehicle accidents end up in an injury. According to a 2021 report by the Arizona Department of Transport, there were 51,633 motor vehicle injuries and 1,180 fatal car accidents across the state. With fatal car accidents devastating individuals and families, fair compensation for victims […] Kevin ChapmanAbout Boating Accidents in ArizonaArizona’s scenic lakes and rivers make boating a popular recreational activity for many Arizona locals and tourists. Unfortunately, rising boating activities have led to increased boating accidents, making recreational activity a disaster for some people. According to the U.S. Coast Guard, in 2020, there were approximately 5,265 boat accidents involving 3,191 injuries across America. Additionally, […] Kevin ChapmanMotorcycle Accident Lawyers in ArizonaMany Arizona motorcyclists enjoy the freedom and fun that comes with riding a motorcycle. However, unlike bicycles, motorcycles don’t have dedicated lanes and have to share the roadways with motorists. Accordingly, it is common for negligent drivers to hit motorcyclists from behind or at busy intersections. Unfortunately, motorcycle accidents often result in catastrophic injuries or […] Kevin ChapmanCommunity Property States | Divorce AttorneyWhat does Community Property State mean? Arizona is one of only nine community property states in the United States when it comes to a marriage. The others include California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. But what does “Community Property” really mean? Well, it is fairly simple, until it is not. Essentially, […] azlegalTop 3 Legal Disputes in the Construction Industry | Construction Defect AttorneyTop 3 Legal Disputes in the Construction Industry Today’s construction project involves many complex aspects and numerous participants. As a result, disputes often arise. Below we discuss the three disputes that you are most likely to encounter and provide information that may help you avoid costly pitfalls. Contract Disputes Because construction projects involve multiple contracts […] Gosia ZawislakLifetime Injunction for Crime Victims | Criminal AttorneyLifetime Injunctions for Crime Victims. Serious felony offenses in Arizona often result in an immediate arrest. Within hours of that arrest, the defendant is standing before a judge who orders him or her to have zero contact with the victim(s), which could ultimately result in a lifetime injunction. As an experienced criminal defense attorney, I […] Brian StrongWhat to Do After a Low Insurance OfferWhat to Do After a Low Insurance Offer While car accidents are common, many people only learn about the overwhelming nature of these crashes when they become victims. You are forced to figure many things out quickly, and sometimes when still nursing injuries. One of the issues you need to contend with is how to […] Kevin ChapmanInjured by an Uninsured Driver: What to Do?Motor vehicle accidents are usually sudden and traumatic and can confuse victims regarding the right course of action. In addition to worrying about who is liable, most victims also worry about whether the at-fault party is insured or not. Typically, getting hit by an uninsured driver adds to the stress of the accident as it […] Kevin ChapmanMedical Power of Attorney | Estate Planning AttorneyAppointed as Agent for a Medical Power of Attorney, Don’t Let it Go to Your Head! All too often when a family member is appointed as the medical decision maker or “Agent” under a loved one’s power of attorney, the Agent will let that fiduciary responsibility go to their head and wield unreasonable control. Again, […] Kenneth BarneyMotor Vehicle Crashes in Arizona are Increasing | Car Crash AttorneyMotor Vehicle Crashes in Arizona are Increasing | Car Crash Attorney If you have been injured in a motor vehicle crash, you are one of many and need an experienced car crash attorney now. Every year in Arizona there are about 100,000 auto crashes. Those accidents cause thousands of injuries, some serious, along with thousands […] Kevin ChapmanArizona Boat Accident LawyerArizona Boat Accident Lawyer From fishing to having fun on Arizona lakes and rivers, boating is a popular activity for locals and tourists. Additionally, the Arizona heat is a perfect excuse for residents to spend their day on the waterways. However, it is not always fun, as a boat accident can turn a day on […] Kevin ChapmanPaternity Attorney | Paternity what it meansPaternity, and what it actually means. As an experienced paternity attorney in Arizona it is sometimes difficult to explain to a client that you may not be the father, even if you are the biological father. When a minor child is conceived, it usually requires two people. However, sometimes, a mother is involved with two […] Stacy PorterPeremptory Challenges | Personal Injury Trial LawyerArizona Shuts Down Peremptory Challenges: Jury Trials Gettin’ Crazy! Arizona is the first state to eliminate peremptory challenges in all criminal and civil jury trials. The new law followed a petition from a group of appellate judges and was approved by the Arizona Supreme Court. The law took effect January 1, 2022. Even before becoming […] Kevin ChapmanLosing a Loved One – Wrongful Death AttorneyLosing a Loved One – Wrongful Death Attorney As an experienced Arizona wrongful death Attorney I know all too well that Losing a family member in an accident is devastating. Such a senseless death can deeply traumatize everyone involved. When an accident that was not your loved one’s fault causes their death, you deserve compensation […] Kevin ChapmanArizona Motorcycle Accident LawyerRiding a motorcycle comes with a sense of freedom, fun, and great convenience. However, it also comes with great risk as motorcyclists share the same busy roadways with motorists. Many motorcyclists’ biggest fear is that a negligent driver won’t respect their space and may injure or even kill them in an avoidable road accident. With […] Kevin ChapmanComputer Crimes in Arizona | Criminal DefenseComputer Crime, It Doesn’t Always Take a Genius Hacker. Computer crimes in Arizona come in all sorts of sizes and flavors. And quite often, it is a simple indiscretion (or a burning desire for justice) that gets most people on the wrong side of a felony indictment. In Arizona, reading another person’s email without his […] Brian StrongFinalizing Probate Settlements | Probate Litigation AttorneyThe Case of the Missing Beneficiary: Why Finalizing Probate Settlements Should Be Set As A Priority Probate settlements can cause numerous issues to arise in the course of finalizing probate, which is considered administering an estate of a deceased person. The executor of an estate must comply with specific legal requirements to discharge their duties. […] azlegalFamily Law is Emotional | Family Law Attorney Mesa AZRiding the Emotional Roller Coaster of Family Law When I initially meet with a potential client to discuss what has brought them to me, I always ask the same question, “What has you looking for a family law attorney, today?” Sometimes I get a response of “Well, I am not sure if I need an […] Stacy PorterArizona Tribal Police Authority | Criminal Defense LawyerArizona Tribal Police Authority | Can a Tribal Police Officer Detain and Search a Non-tribal Individual? How far can tribal police authority extend? Arizona has twenty federally recognized tribes. Many of these tribes have resorts and casinos that actively invite non-tribal persons to come onto tribal land. Most have public right-of-ways (state and federal highways) […] Brian StrongAccident Attorney | Comparative Fault in ArizonaEveryone’s at Fault But Me: Comparative Fault in Arizona As an accident attorney I deal with comparative fault whenever I evaluate the merits of a case. We learned this lesson as children. Say, for example, two kids are disobeying their parents and play catch in the house. Everything goes well until an errant throw breaks […] Kevin ChapmanBrain Injury Attorney | Concussion After a CrashConcussion or Brain Injury After a Crash: It’s Not All in Your Head. Speaking as an experienced brain injury attorney I can tell you that a concussion or traumatic brain injury (TBI) can be one of the most severe and debilitating injuries someone can suffer. A traumatic brain injury (TBI) occurs from sudden trauma which […] Kevin ChapmanMotorcycle Accident Attorney | Motorcycle Crash LawyerWhat to Expect After a Motorcycle Accident Crash. We are experienced motorcycle accident attorneys who have represented many motorcycle riders seriously injured in a crash with a car or truck. No matter how observant and cautious you are, other motorists don’t pay enough attention. Here are important points we have learned from motorcycle crashes: Your […] Kevin ChapmanSemi Trucks Catch Fire on I 10 and Chandler BlvdSemi Trucks Catch Fire on I 10 and Chandler Blvd According to News Break, two semi-trucks caught fire after an accident late Sunday night. The crash took place on Interstate 10 in Chandler. Even though firefighters were able to extinguish the flames, the freeway lanes remained closed as of Monday morning. Big rig and semi […] Kevin ChapmanBusiness Insurance Claims for COVIDBusiness Insurance Claims for COVID face uphill battle. There’s no question that COVID-19 hit businesses hard, and continues to be a challenge as the economy opens back up. In Arizona, making business insurance claims for covid due to financial losses related to the pandemic is proving to be a difficult task. B Street Grill On […] azlegalRecreational Marijuana in Arizona: Legal Does Not Mean HarmlessRecreational Marijuana in Arizona: Legal Does Not Mean Harmless THE RELEVANT BASICS With the passing of Proposition 207 in the November 2020 election, people 21 and older will be able to buy, use, possess and grow marijuana, and medical-marijuana dispensaries can sell the drug to qualified adults. The proposition also covered a variety of legalization […] Kevin ChapmanLLC Operating Agreement | Is Yours Past its Prime?Is Your LLC Operating Agreement Past Its Prime? Q: If you have a Limited Liability Company (LLC) in Arizona, when’s the last time you took a look at your LLC Operating Agreement? A: If you answered “What Operating Agreement?” or “It’s been a few years,” then you should read on. What Happened? In 2018, an […] azlegalCar Accident Attorney | Fatal Crash Closes Loop 202 Freeway in MesaCar Accident Attorney | Fatal Crash Closes Loop 202 Freeway in Mesa. I am a car accident attorney who was watching the news and this caught my attention. As reported by KTAR News, one person was killed in a fiery crash on the Loop 202 freeway in east Mesa early Thursday morning, February 18, 2021, […] Kevin ChapmanWrongful Death | Valuing a LifeWrongful Death and Valuing a Life The “value of life” in any wrongful death case is an economic value used to quantify the benefit of avoiding a death. It is also referred to as the cost of life, value of preventing a fatality, and implied cost of averting a fatality. In economics, there is no […] Kevin ChapmanEstate Planning Deeds | What You Need to KnowWHY THE DEVIL IS IN THE DETAILS OF A JOINT TENANCY WITH RIGHT OF SURVIVORSHIP DEED – AND PROBLEMS TO EASILY AVOID. Preparing the correct estate planning deeds when you create your will or trust is vital to avoid problems with the transferring of joint property. During the ongoing pandemic we have found that some […] Kenneth BarneyArizona Has New Laws 2021 | What is New?New Year, New Laws in Arizona. From texting while driving to an increase in the minimum wage, here’s what you need to know about three new laws for 2021: Hands-Free Starting immediately on January 1, law enforcement officers throughout Arizona will be vigorously enforcing laws to combat distracted driving. While a few Arizona cities already […] Kevin ChapmanTruck Accident Attorneys in Maricopa CountyTruck Accident Attorneys in Maricopa County According to FOX 10 News, a FedEx Truck drove off the I-10 yesterday. The truck crashed though a barrier and took out a freeway sign. The driver was carrying a load of double trailers, which may have added to the reason for the crash. While no one was significantly […] Kevin ChapmanForce Majeure in Contracts | Arizona Contract AttorneyForce Majeure in Contracts | Arizona Contract Attorney. I am a contract attorney in Arizona and Force majeure in contract law is haute couture, or a “hot topic” at the moment, and for good reason. The global COVID-19 pandemic has flipped economies on their heads and left many of us scrambling for solutions. Authors from […] azlegalMesa Police Arrest Man on 4 Day Crime SpreeMesa Police Arrest Man on 4 Day Crime Spree According to ABC as well as other local news agencies, Mesa Police have arrested a man who went on a 4-day crime spree. Per the reports, 34-year-old Guillermo Reyes was arrested and finally taken into custody. Police apprehended the suspect at a hotel in Chandler. According [...]Brian StrongMesa Hit and Run Accident AttorneyMesa Hit and Run Accident Attorney According to a news story published by ABC, law enforcement authorities in Mesa have arrested a suspect connected with a hit-and-run accident. Our law firm extends our hearts and prayers to the victim and their family. Per the report, the driver (identified as Joseph Eckert), drove his truck up [...]Kevin ChapmanMesa Fatal Accident Injury AttorneysMesa Fatal Accident Injury Attorneys According to CBS 5 News, one male individual was killed in an accident on Interstate 10 yesterday. CBS stated that the individual was on their way to Tucson just outside of Phoenix. Adding to the list of fatal accidents that took place in the greater Maricopa County area yesterday, a [...]Kevin ChapmanFile a Car Accident Injury Claim in Mesa, AZFile a Car Accident Injury Claim in Mesa, AZ Vehicle-related accidents happen too often in Maricopa County. As our cities have expanded and our population has grown, our roads and highways have become overstressed with traffic. In addition to normal everyday stresses, the COVID-19 crisis has caused many drivers to become distracted and sometimes emotionally […] Kevin ChapmanMesa Pedestrian Accident Injury AttorneyMesa Pedestrian Accident Injury Attorney Mesa Pedestrian Accident Injury AttorneyAccording to ABC 15 News, Mesa authorities are investigating a deadly hit-and-run accident. News sources state that a pedestrian was run over and killed near Alma School Road and the US-60 Highway. The fatal accident took place near 6 a.m., and police say they're looking for [...]Kevin ChapmanCall a Mesa Car Accident LawyerCall a Mesa Car Accident Lawyer High speed chases are not new to Maricopa County, AZ. In fact, they happen far too often, sometimes injuring innocent people. Call a Mesa car accident lawyer right away if you’ve been hurt due to a police chase or any type of vehicle related crash. Why are we talking [...]Kevin ChapmanMesa Auto Accident Injury AttorneysMesa Auto Accident Injury Attorneys Mesa Auto Accident Injury Attorneys According to News Break, police are currently looking for the driver of a hit and run crash. The accident took place late Monday night when a pedestrian was hit crossing the street at 43rd Avenue and Thomas Road. Witnesses say a black or dark-colored SUV [...]Kevin ChapmanStreet Racing Defense Attorney in ArizonaMayhem at High Speed: Street Racing Defense Attorney in Arizona. Whether spontaneous or pre-planned, drag racing on a public street or highway in Arizona can bring life-altering criminal charges and penalties. As a street racing defense attorney for the past three decades, I have learned that once a speed contest begins, the drivers have just […] Brian StrongFamily Law AttorneyLooking for a Family Law Attorney? A divorce or child custody matter can be one of the most important times in your life. It can also be one of the hardest. In this trying time in your life, you will need a family law attorney you can trust and depend on to help you through […] azlegalMedical Malpractice | What to doMedical Malpractice: What to do when you or a loved one are hurt by your health care professional. When it comes to medical malpractice most doctors and health care professionals will do all they can to help us during a health crisis, but they’re human, too. Nobody is perfect. If a doctor makes a mistake, […] Kevin ChapmanSlip & Fall Accidents | Slip & Fall Attorney Mesa AZWhy Slip and Fall Cases Are so Hard to Win. This is coming from an experienced slip and fall attorney. Many people think that, if you slip and fall at a store or restaurant, you are automatically entitled to compensation for your injuries. Nope, that’s not how it works. While Arizona law requires a business […] Kevin ChapmanPrevent Car Theft | Property Damage AttorneyProperty Damage Attorney | Protect Your Vehicle from High Tech Thieves. As a property damage attorney in Mesa, Arizona I have seen how car theft has changed over the years. Car thieves used to smash a window or use a slim jim to open a door. With new technology, however, comes new risks for auto […] Kevin ChapmanDivorce Consent Decree | Divorce Attorney Mesa AZFaster, More Streamlined Option for Divorce – Summary Divorce Consent Decree. Do you and your spouse agree to a divorce? Do you agree on all issues related to the divorce? The Maricopa County Superior Court has developed a faster easier way to divorce by way of consent. The court has created a Summary Divorce Consent […] azlegalFelony DUI in Arizona | DUI AttorneyHow Does a DUI in Arizona Become a Felony? I am a felony DUI attorney and under Arizona law, a felony DUI is officially known as Aggravated DUI. There are 5 ways an impaired or intoxicated driver can have a DUI charge upgraded to a felony: When the driver’s license has been previously suspended or […] Brian StrongPersonal Injury Settlement Conferences Work | AZ Personal Injury AttorneyPersonal Injury Settlement Conferences Work. Having practiced personal injury litigation law my entire career, I have learned how important it is to pursue a resolution away from a courtroom, and personal injury settlements do work. Settlement conferences (also known as mediations) work. They give the parties a chance to advocate their case to an experienced, […] Kevin ChapmanEstate Planning for COVID-19 | Estate Planning in AZShould You Create or Update Your Estate Plan During the COVID-19 Pandemic? We are living during and through what most likely will be considered an historic infamous global event, not unlike past global pandemics or even world wars. So should you change your estate plan because of the COVID-19 pandemic? Because of COVID-19 and the […] Kenneth BarneyIs Removing Police Installed GPS Tracker Theft? | Criminal Defense AttorneyIs it Theft to Remove a Police Tracking Device from Your Vehicle? In 2012, the United States Supreme Court ruled that government installation of a GPS tracking device on any vehicle for the purpose of tracking its movements constitutes a search. As a result, the 4th Amendment to the United States Constitution mandates that police […] Brian StrongThe SECURE Act Tax Law Changes in 2020? | Estate Planning AttorneyThe SECURE Act. An Understanding of the Tax Law Changes in 2020 and Your Estate Planning. This is the time of year we all start going through an annual ritual called taxes. Our W-2’s have been received, 1099’s are coming, K-1’s are being finalized, and April 15th is fast approaching. Have you thought about your […] Kenneth BarneyTeen Drivers Car Accident Liability | Car Accident Attorney Mesa AZThe Family Purpose Doctrine: Car Accident, Your Kid, Your Problem. As a long time car accident attorney I need you to know that if a vehicle owner loans his/her vehicle to another person who drives the vehicle and causes a crash, the owner is not responsible (though the owner’s auto insurance would likely cover the […] Kevin ChapmanUninsured & Under Insured Motorists | Personal Injury Attorney Mesa AZThe Unforeseen Road Hazard: Uninsured & Under Insured Motorists Unlike potholes, construction zones, and rainy weather, unseen hazards roam our streets and highways causing problems for responsible drivers: the Uninsured and Underinsured motorists. Uninsured motorist drives their vehicles with no liability coverage. The underinsured motorists have some liability insurance, but not enough to pay for […] Kevin ChapmanFamily Law Attorney Consultation | Family Law AttorneyWhat Should You Expect From a Family Law Consultation? You have come to a point in your life where you are beginning your search for a family law attorney whether it be for divorce or child custody. What should you expect during your consultation with a good family law attorney? You can expect to give […] azlegalNew Laws for Arizona in 2020 | by Kevin ChapmanNew Year, New Laws for Arizona in 2020. Several new laws are now in effect as of January 1, 2020 or will be later this year. These laws will probably affect Arizonans the most: 1. Minimum Wage Up to $12 Per Hour Beginning January 1, 2020, the minimum wage rose to $12 an hour across […] Kevin ChapmanLost My Job | Employment Law AttorneyI lost my job. Now what? As an employment law attorney I know that losing a job can be very scary and is widely considered one of the top ten most stressful life events (along with things such as the death of a family member, divorce, and imprisonment). What comes next? How long will I […] azlegalWhy Operating Agreements | Business Lawyer MesaGoing Into the Unknown is a Bad Idea, or Why Operating Agreements are Necessary. Two neighbor children decided to open a lemonade stand to earn some extra spending money. They agreed that one would provide the lemonade and cups, while the other would provide cookies. After a successful afternoon of selling their refreshments, the partners […] azlegalAZ Drug Defense Lawyer Talks Sentence ReductionsAZ Drug Defense Lawyer Talks Sentence Reductions. Arizona Reduces Prison Sentences for Non-violent Addicts. As an AZ drug defense lawyer I am all too keenly aware that the number of Americans who struggle with long-term substance abuse is staggering. If you are curious about the exact number, please refer to the data published by the […] Brian StrongSending a Child to College – Pack an Estate Plan | Estate Planning AttorneyIf You are Sending a Child to College – Pack an Estate Plan. This is an exciting time of the year for many families sending a child off to college. Whether you are sending your first child to college or your last, don’t forget to pack an estate plan. A common misconception about estate planning […] Kenneth BarneyCar Crash Witness | Personal Injury Attorney AZCan I Get a Witness For My Car Crash? Too often we meet with the victim of a car crash who reports that “there were a lot of witnesses, but no one stayed.” Figuring out liability for some car crashes can be tough. Sometimes the driver-at-fault admits his/her negligence at the scene, only to change […] Kevin ChapmanCommunity Property-Debt Division | Community Property Attorney AZIt’s Not Always Even-Steven: When is an Unequal Division of Community Property and Debts Warranted in a Divorce? I have found as a community property attorney in family law that it is rare, but there are times the family court will decide that an equal division of property or debts is not appropriate considering certain […] azlegalLicense Restriction for Bad Drivers | Car Accident Attorney Mesa AZNEW Arizona Law: Restricting Licenses for Drivers Who Cause Serious Physical Injury or Death. Being a car accident attorney in Mesa, Arizona I am always on the watch for any new bills relating to injury law being reviewed by our legislature. Thus far in 2019, Governor Doug Ducey has signed into law 199 bills, with […] Kevin ChapmanAZ Finally Bans Cell Phone Use While Driving | Accident Attorney Mesa AZArizona Bans Cell Phone Use While Driving – Finally There are few things more annoying and dangerous than a driver paying attention to a cellphone rather than the road or other vehicles. Sadly, it can be deadly. As an accident attorney in Mesa, Arizona I am encouraged by the new law prohibiting cellphone use while […] Kevin ChapmanArbitration Can Be Your Friend | Arbitration Attorney Mesa AZArbitration can be Your Friend Often my children come to me for help to resolve various disputes, such as: Who gets the last cookie? Who gets to sit in a particular chair? Who gets to keep the dollar bill found on the floor? Who is responsible for cleaning up a mess? In these significant matters, […] azlegalWrongful Death in Arizona | Wrongful Death Attorney Mesa AZWrongful Death in Arizona In Arizona, wrongful death claims are governed by Arizona Revised Statutes §§ 12-611 to 12-613. These three sections spell out the who can be found liable, who may file, and what damages may be sought and awarded. Wrongful Death Liability Arizona law defines a wrongful death as a death that is […] Kevin ChapmanAuto Insurance Minimum Limits are Going Up, Finally. | Auto Accident Attorney Mesa, AZAuto Insurance Minimum Limits are Going Up, Finally. | Auto Accident Attorney As an auto accident attorney I am happy to report that Arizona motorists who purchase only the minimum liability insurance will soon need to increase their coverage up to $25,000 per person and $50,000 per crash. On June 7, 2019 by Governor Doug […] Kevin ChapmanWrongful Death Statute of Limitations | Wrongful Death Lawyer Mesa AZWrongful Death cases, The Statute of Limitations, and The Discovery Rule. If you have ever lost a loved one due to wrongful death, you may be in no position to think about your legal rights, but the law surrounding wrongful death limits the time legal action can be taken. When this period has passed, you […] Kevin ChapmanProbate vs. Lifetime Gift | Probate Attorney Mesa, AZWhy Probate May be Preferred to Receiving a Gift During Life In our age of immediate online information, people sometimes bypass professional help, which can cause irreparable harm later. The “internet self-help” phenomenon happens in almost every discipline, including the automotive, medical, financial, tax and legal professions, often to the detriment of the consumer. The […] Kenneth BarneyHow Can Simple Shoplifting Become a Felony? | Felony Defense Attorney AZHow Can Simple Shoplifting Become a Felony? As a felony defense attorney, I have routinely observed the crushing emotional distress a client suffers when he or she has been vindictively overcharged by a zealous prosecutor. Having practiced law for almost three decades, I have seen far too many people commit a relatively minor offense, only […] Brian StrongDivorce or Legal Separation | Family Law Attorney Mesa AZDivorce or Legal Separation: Which option is best for you? As a family law attorney many people contemplating divorce have asked me whether they should consider a legal separation instead. Let’s start with a basic understanding of legal separation. Legal separation allows for the end of a community relationship between spouses, including the division of […] Family LawChild Support Payments Attorney | Child Support AttorneyWhere Do I Pay My Child Support Payment Too? Is it important to pay child support and spousal maintenance through the Child Support Payment Clearinghouse? Once the court has issued an order for child support, the court will also order that the payments be made through the Support Payment Clearinghouse. The court will do the […] azlegalArizona Personal Injury Attorney | How to Really Mess Up Your Auto Accident CaseHow To Really Mess Up Your Auto Accident Case When an auto accident happens that is not your fault, you have decisions to make. The better you do on those decisions, the better (and easier) your case can go. The opposite is obviously true, too. Here are some GREAT ways to mess up your crash […] Kevin ChapmanPolice Jurisdiction | Criminal Defense AttorneyCan a City Cop in Arizona Stop Me Outside the City Limits? As an experienced Arizona criminal defense attorney, I routinely receive telephone calls that go something like this: “I was speeding in Gilbert, and the cop followed me into Mesa. Can she do that?” “I was arrested by a DUI task force. How can […] Brian StrongContract Law, What Really Matters?A Day Late and a Dollar Short, But Does it Really Matter in Contract Law? We all understand the basics of how a contract is made. In contract law You promise to give up something to receive something else in return. For example, you tell the neighbor boy that you will pay him if he […] azlegalJuvenile Court Jurisdiction | Juvenile Defense AttorneyArizona Expands Juvenile Court Jurisdiction to Age Nineteen As a juvenile defense attorney I believe that in theory, the underlying purpose of juvenile court is rehabilitation, not punishment. To assist in that endeavor, the juvenile courts of most states keep jurisdiction beyond an offender’s eighteenth birthday – in many states until age twenty-one. That way, […] Brian StrongWhen Can Children Choose | Child Custody AttorneyAt What Age Does a Child Get to Choose Where They Want to Live? “My daughter doesn’t like living at Dad’s house. What’s the age in Arizona when she gets to decide?” As a child custody attorney I hear this and similar questions about once a week. The simple answer is there is no law […] Family LawProbate Administration from Outside Arizona | Probate Administration AttorneyManaging a Trust or Probate Administration While Living Outside the State of Arizona. As Arizona probate administration attorneys we receive many calls from individuals who do not live in Arizona, but have been nominated to serve as either a Trustee or Personal Representative. We live in an ever-increasingly mobile society. Because of this trend, many […] Kenneth BarneyBike Blight is Now a Thing | Bike Accident AttorneyBike Blight is Now a "Thing" written by a Bike Accident Attorney. Apparently we are all in a sharing mood these days, with ride-sharing, home sharing, clothes sharing, and bike sharing. No doubt you have seen lemon yellow bikes, lime green bikes or lemon-lime bikes scattered throughout the East Valley and Phoenix. Scottsdale alone has [...]Kevin ChapmanStriking the Judge in Litigation LawStriking the Judge: Be Careful What You Wish For We have probably all seen a depiction of Lady Justice, the blindfolded woman holding a sword in one hand and a set of scales in the other. The scales are what she uses to weigh the strengths and weaknesses of a litigation case, and the blindfold […] azlegalYour Auto Insurance Rates May Not Be All Your Fault | Accident AttorneyYour Auto Insurance Rates May Not Be All Your Fault Our current economy means more people are employed, earning money, and driving more miles. Unfortunately more miles being driven means more auto accidents. (INSURANCE INFORMATION INSTITUTE, “More Accidents, Larger Claims Drive Costs Higher,” October 2016.) Auto accidents in Arizona have jumped 16% the past few […] Kevin ChapmanLegal Decision Making over Children | Child Custody AttorneyAfter Divorce Who Really Has Legal Decision Making Authority Now? During a divorce or custody dispute, the judge must determine who is going to make the major decisions for the children. Arizona Revised Statute #25-401(3) defines legal decision making as the right and responsibility to make all non-emergency decisions for a child, including those regarding […] azlegalDo You Really Trust Your Successor Trustee? | AZ Estate Planning AttorneyDo You Really Trust Your Successor Trustee? In your estate planning who you pick as the successor trustee of your family trust is an important decision that shouldn’t be taken lightly. A trustee is the manager of the instructions, contained in a family trust. During your lifetime, the grantor (person creating the trust) usually will […] Kenneth BarneyCan Diabetes Cause a False DUI Charge? | DUI AttorneyCan Diabetes Cause a False DUI Charge? Due to a lack of police training in Arizona, diabetics can be the unfortunate victims of unjust charges of driving under the influence (DUI) charges. Diabetics experience a condition known as hypoglycemia when their blood sugar level drops dangerously low. Unfortunately, many of the symptoms of hypoglycemia mimic […] Brian StrongHow Does the Tax Cut Affect Your Estate Plan? | Estate Planning AttorneyThe Tax Cut and Jobs Act of 2017: How Does it Affect Your Estate Planning? Late last year, Congress finally passed the much anticipated tax reform bill, the “2017 Tax Act,” which provides many significant changes to income tax laws, but also to estate planning and gift taxes. As with any new tax law, we […] Kenneth BarneyWrongful Death of a Family Member | Wrongful Death LawyerAt Rowley Chapman & Barney, we understand how difficult it can be to lose a loved one and the questions that follow. Among those, you may wonder who has a rightful claim to the loss of a family member, and what happens if a statutory beneficiary cannot be found. What if a family member has […] Kevin ChapmanAlexander Hamilton and the Cost of Principle: Is a Lawsuit Worth the Price? | Lawsuit AttorneyAs a lawsuit attorney I am fascinated with one of the most regrettable episodes which occurred in the early days of our nation, the duel between long-time political rivals Alexander Hamilton and Vice President Aaron Burr. Burr, offended by a report that Hamilton had defamed Burr’s character, demanded that Hamilton disavow any negative statements regarding […] azlegalOver the River and Through the Woods – Safely, Please! | Car Accidents Attorney, Kevin ChapmanOver the River and Through the Woods – Safely, Please! Car Accidents Attorney Death Rates in the United States Jump On Thanksgiving As a car accidents attorney in Arizona, my research shows that Thanksgiving is one of our nation’s happiest holidays, but it might also be our country’s deadliest. According to Forbes.com,(1) doctors know the […] Kevin ChapmanInjured On The Job and Third Party Claims | Injury Attorney in Mesa AZInjured On The Job and Third Party Claims If you are injured while working, you are generally entitled to make a claim under your employer’s worker’s compensation insurance. You cannot sue your employer or any fellow employees for your injuries. That is the foundational compromise of our worker’s compensation system: in exchange for giving up […] Kevin ChapmanLegal Decision Making | Is AZ a Pro Mother State | Child Custody Mesa AZIs Arizona Still Considered a “Pro-Mother” State for Legal Decision Making? Many clients have come to me asking the question, “Isn’t Arizona a pro-mother state?” Historically, Arizona was considered a pro-mother state; however, times have changed. More often, we see family law judges beginning the legal decision making and parenting time analysis at substantially equal […] azlegalProbate Administration from Outside Arizona | Probate Administration AttorneyManaging a Trust or Probate Administration While Living Outside the State of Arizona. As Arizona probate administration attorneys we receive many calls from individuals who do not live in Arizona, but have been nominated to serve as either a Trustee or Personal Representative. We live in an ever-increasingly mobile society. Because of this trend, many [...]Kenneth BarneyLife Insurance Pitfalls | Estate Planning Attorney Ken BarneyLife Insurance Policy Ownership Pitfalls: What Should I be Aware of? Life insurance can play an important role in an estate plan. Insurance may provide income replacement to a surviving spouse or liquidity to an estate where the majority of the estate’s value is tied up in a family business or real property. Insurance can […] Kenneth BarneyCar Accident Lawyer | Can I Get a Witness?Can I Get a Witness? By a Car Accident Lawyer. I am a car accident lawyer in Mesa, Arizona and once I saw an impatient pick-up driver put his truck into reverse to look for another way onto congested Gilbert Road from a parking lot. One small problem – there was a nice lady in […] Kevin ChapmanEmployer Liability | AZ Employment Law AttorneyShakespeare, Fox News, and Employer Liability: As an employment law attorney I find it interesting that even today’s standards would be applicable in King Henry V’s time, read on to see what I mean. At his army’s camp at Agincourt on the eve of battle, Shakespeare’s Henry V, without disclosing his true identity, wanders among […] azlegalJuvenile Rehabilitation | Juvenile Defense AttorneyDoes Arizona Believe in Juvenile Rehabilitation? Why is my teenager being charged in adult court? As an Arizona juvenile defense attorney with experience as a juvenile judge pro tem, I hear this question on a regular basis. Somewhere deep in our minds, we all know that it does not take a bazooka to kill […] Brian StrongDUI MVD Ignition Interlock | DUI Defense AttorneyI Had a DUI, but why is the MVD Forcing Me to Keep an Ignition Interlock for a Second Year? When you are charged with DUI, you face two complex legal battles. The first is with the criminal courts and involves the harsh reality of mandatory jail time and thousands of dollars in fines, assessments […] Brian StrongDo I Need a Divorce Attorney | Divorce Lawyer MesaDo I Need to Hire a Divorce Attorney? A big question that most people have when contemplating divorce is whether they need to hire an attorney. While many people getting a divorce would prefer to keep costs down, it may be far more expensive if you don’t hire an attorney. Whether to hire an attorney […] Family LawAre online reviews truthful?Alternative Facts or Fake News: the Online Review Farce No one likes bad reviews, but few take the time to sue over them, and fewer sue the review platform instead of the writers themselves. But that’s not the case for two East Coast lawyers. A New York lawyer has sued Google to identify an anonymous […] Kevin ChapmanInfant Left Alone in the Car | Child Abuse Defense AttorneyDon’t Ever Leave Any Infant Alone in the Car. I have been a child abuse defense attorney in Maricopa County for more than twenty five years. Every fall and winter, when the temperature drops below 80 degrees, I get a fresh wave of clients who as parents, left their infants sleeping unattended in the family […] Brian StrongEstate Plan Taxes | Estate Planning AttorneyWhat Does a Trump Presidential Victory Mean to My Estate Plan and Estate Taxes? Regardless whether you lean towards the political left or right, the results of the 2016 Presidential and Congressional elections will result in changes to our current estate and gift tax laws. Since 2013, when the last major estate and gift tax […] Kenneth BarneyShallow Jingles | Personal Injury LawyerSome big personal injury lawyers advertise with catchy jingles, but a slogan doesn’t get anything other than your attention. Bigger isn’t always better, and slick marketing campaigns only amuse opposing auto insurance companies. They know the difference between the TV personas and reality. If you have been injured in a car crash and want an […] Kevin ChapmanAuto Accident Attorney | Arizona 2015 Crash FactsArizona Auto Accident Attorney As an experienced auto accident attorney in Arizona even I find the most recently released car crash statistics alarming. According to http://www.azdot.gov/mvd/statistics/arizona-motor-vehicle-crash-facts, even with increases in our population, fatal crashes in Arizona decreased from 1,121 in 2006 to 709 in 2014. Sadly, that number rose to 811 in 2015. Indeed, the […] Kevin ChapmanUber Drivers and Car Accidents | Auto Accident AttorneyA Ridesharing Auto Accident Can be Uber Complicated: What You Need to Know Before and After One. Uber, Lyft, and other rideshare apps continue to grow more popular throughout Arizona and the world. Requesting an Uber ride is easy, quick, and usually much cheaper than a taxi. Some people believe – especially Uber promoters – […] Kevin ChapmanDo I Need a Car Accident lawyer?After most car crashes, there are generally three types of compensation (also known as “damages”) you can seek. You may or may not need a car accident lawyer depending on the severity of the harm you suffered. Property Damage Only Cases: As a general rule, if you suffered no bodily injuries, you should be able […] Kevin ChapmanWhen a Contract Is Not a Contract | Contract Attorney in ArizonaAs an experienced contract attorney in Arizona I find it interesting that going into the 1860 Republican nominating convention, it was far from certain who would emerge as the presidential candidate for the young party. One of those with hopes of winning the nomination, Abraham Lincoln, did not attend the convention but had friends there […] azlegalDUI Defense Lawyer | DUI For a Busted Tail light?How can they charge me with DUI when I was stopped for a busted tail light? Before becoming an Arizona DUI defense lawyer, I was a police officer for several years and received specialized training in DUI enforcement. One of the first things a rookie cop learns is that probable cause for a DUI arrest […] Brian StrongMarijuana Defense Attorney | Does the Odor of Marijuana Justify Probable Cause for a Search?Can a cop search my home or vehicle without consent just because he smells marijuana? This question is one I field on a regular basis as new clients seek out an experienced marijuana defense attorney. “After all,” the new client will invariable ask, “isn’t medical marijuana now legal in this state.” Unfortunately, when it comes […] Brian StrongCriminal Law and Mental Health | Criminal Defense AttorneyAs a criminal defense attorney who has worked in the mental health field, I was surprised to learn that on July 27, 2016, a federal judge ordered the release of John Hinckley, Jr. from the mental health facility to which he was committed in 1982. The news that President Reagan’s would-be assassin will be released […] Brian StrongAuto Insurance Company Claims | Accident Injury AttorneyAs an experienced accident injury attorney I know that in their never-ending quest to maximize their profits, auto insurance companies experiment with various, at times questionable, tactics to deprive accident victims from payment for their injuries and property damage. Some insurers even try to change the laws of some of the states. I Like Your […] Kevin ChapmanParenting Coordinator Rule Change | Divorce & Family Law AttorneyDivorced parents often remain in conflict, even for years after the divorce is finalized. Sometimes this animosity fuels years of “post-decree” battling over custodial issues. In many high conflict cases, a judge would appoint a third-party, called a parenting coordinator, to resolve ongoing disputes and provide guidance to the court. Judges relied heavily on these […] azlegalDomestic Violence – Child Custody (Legal Decision-Making)As an attorney practicing both criminal defense and family law, I often handle cases in which one parent accuses the other of domestic violence. If my client has been accused, the question is always the same: can I lose custody of my children because of such accusations? Arizona law no longer refers to “child custody.” […] azlegalDUI Driver’s License Suspension Changes | DUI Defense AttorneyArizona Finally Removes Driver License Disparity in Misdemeanor DUI Cases. As a former police officer turned DUI defense attorney, I have represented numerous misdemeanor and felony DUI clients in every county in Arizona. Some clients fixate on the potential jail time. Others are troubled by the obnoxious fines and fees. But sooner or later, every […] Brian StrongCan Medical Marijuana result in Child Abuse charges?As a seasoned Mesa criminal defense attorney, I have defended many parents who have been arrested on child abuse or child endangerment charges simply because the adult’s life choices place him or her near illegal drugs on a daily basis. These are not typical child abuse cases, such as when children are neglected or corporal […] Brian StrongCriminal Defense Attorney and the 50th Anniversary of MirandaAs a criminal defense attorney it is notable to me that June 13, 2016, marks the 50th anniversary of one of the U.S. Supreme Court’s most famous decisions. Thanks to the Miranda opinion, anyone who has seen a TV crime drama is familiar with four standard warnings: You have the right to remain silent. Anything […] Brian StrongCommunity Property in ArizonaAs a family law attorney in both Arizona and California, I am often asked about community property. When does your ex-spouse stop having a claim to your property and earnings? The answer depends upon the state in which your divorce is filed. In Arizona, the rule is clear: any property, including wages, which you acquire […] azlegalEstate Planning Litigation Attorney | When a Will May Not be the WayWe read in the Bible the parable of a rich man who had the problem of figuring out what to do with all of the goods he had accumulated. He determined to build larger barns to store all that he had. However, God told the man that very night that his soul would be taken, […] azlegalIn An Accident? Don’t Be Caught Unaware | Auto Accident AttorneyAs an auto accident attorney I have noticed that with the New Year, several auto insurance companies began recycling a tactic to deprive accident victims of the fair compensation to which they are entitled. This has been used many times over the years. First, the insurance claims adjuster for the driver-at-fault quickly makes contact with […] Kevin ChapmanArizona Files Thousands of Improper Child Support LiensThe Arizona Department of Economic Security (DES) admitted recently that it filed inaccurate child support liens in at least 8,241 cases. The Department is tasked with helping enforce child support orders and tracking the payments, which, in some cases result in liens against property when payments are not made. The department improperly filed liens and […] azlegalDomestic Violence Liability | Criminal Defense AttorneyCivil Liability to a Landlord for Acts of Domestic Violence. There are many civil sanctions and prohibitions that can result from an Arizona criminal conviction. As a seasoned Arizona criminal defense attorney, I routinely warn my clients about these looming “collateral consequences.” Most people know that convicted felons lose the right to vote and the […] Brian StrongDomestic Violence Rights | Family Law AttorneyEarly Termination of a Lease After Acts of Domestic Violence. Arizona law provides many rights for victims of crimes. Victims of domestic violence have even more rights, and as a family law attorney, I am always eager to help crime victims learn about rights they did not know existed. Like many states, Arizona has enacted […] azlegalShoplifting & Employee Theft | Criminal Defense AttorneyDo the Courts Care if My Kid is a Klepto? (Shoplifting & Employee Theft) As an experienced Arizona criminal defense attorney, I have learned that certain crimes tend to occur with more frequency during the holiday season. Shoplifting and employee theft are two of those crimes. According to a recent report released by Checkpoint Systems […] Brian StrongGray Divorce | Mesa Divorce AttorneyOlder Couples ending their marriage in divorce! As a long time and experienced divorce attorney I have seen that the rates of divorcing couples over the age of 50 has nearly doubled in the last 10 years. When younger couples divorce their issues are regarding child custody, parenting time, child support, allocation of debts and […] azlegalArizona’s Affirmative DUI Defense for Medical Marijuana PatientsAs an experienced Arizona DUI defense attorney, I have defended numerous individuals who have been charged with violating the DUI statutes because marijuana or an active metabolite was found in their blood. While the Arizona Medical Marijuana Act (the “AMMA”) does offer an affirmative defense to DUI-marijuana, this particular affirmative defense is relatively new in […] Brian StrongEstate Planning Attorney | Should I Transfer My Vehicles to my Trust?As an estate planning attorney in Arizona I am always asked if after you have signed your revocable living trust, what if anything should you do about your vehicles or other assets titled through Arizona’s Motor Vehicle Division? First of all, let me remind you, if you have a revocable living trust, the “funding” of […] Kenneth BarneyHow Can I Avoid Probate | Arizona Probate AttorneyOne of the main questions clients will ask is, “How I can avoid probate when I pass away?” This common question stems from a long history of “probate” being associated as an evil word or a long and expensive legal process, which is to be avoided at all costs. It is true that probate is […] Kenneth BarneyChild Support Attorney | Remedies for Non-Payment of Child SupportThere are several remedies in Arizona Courts for parents who are not receiving child support that is owed. Recently, the Maricopa County Superior Court has changed some aspects of child support enforcement and is attempting to clear the large number of deadbeat parents from the system. Parents who owe a substantial amount of unpaid support […] azlegalTraffic Ticket Attorney | Trapped by Old Traffic Fines?I am a seasoned traffic ticket attorney and everyone needs to know that many years ago, the Arizona legislature decriminalized most traffic offenses. While DUI, Driving on a Suspended License, Reckless Driving and Hit & Run all maintained their misdemeanor criminal status, the majority of Arizona traffic offenses (such as speeding, stop signs and car […] Brian StrongGun Law Attorney | When Does a Hero Become A Criminal?Arizona laws are extremely favorable to those who choose to legally own and carry firearms. But gun law attorneys have seen that while our state has some of the most lenient gun laws in the United States – laws that support gun ownership and possession it has also some of the harshest sentences for gun […] azlegalFacebook Cited in One Third of Divorce CasesA major UK newspaper recently reported that Facebook is cited in one third of divorce filings. Facebook and other social media provide a treasure trove of information, from geo-tagging locations to proving connections between parties. Nothing put on social media is truly private, regardless of your settings. Arizona is a no-fault state, so evidence of […] azlegalDUI Defense Attorney | What If I Don’t Trust the Cops’ Breath or Blood Test?After twenty-five years as an Arizona DUI defense attorney, I can safely say that my DUI clients have a universal distrust of police breath machines and governmental sample tests. What I cannot figure out is why this massive skepticism has not lead to more independent blood tests. The constitutions of both the United States and […] Brian StrongDUI Marijuana Defense – Can I Get a Conviction Overturned?As an Arizona DUI marijuana defense attorney, I have fielded numerous inquiries from individuals seeking to have their old DUI – marijuana convictions overturned, set aside or expunged. On April 22, 2014, the Arizona Supreme Court issued a ruling declaring that from that day forward: “Drivers cannot be convicted of the [DUI – marijuana] (A)(3) […] Brian StrongDon’t show satellite TV unless you’re paying for it!The football season is well under way, new fall television lineups are beginning, and presidential debates are attracting viewers in record numbers. Admit it, you love watching TV. And, if you have a commercial office or store somewhere, you might think it would be a good idea to set up some TV’s in your lobby […] Nathaniel WadsworthTraffic Defense Attorney | How Often Can I Go to Defensive Driving School?As an Arizona traffic defense attorney, I receive dozens of calls each month from good people who just happen to be on the wrong end of a traffic ticket. Many of these citations are civil in nature and carry no possibility of jail time. That does not mean, however, that they can be ignored. Failure […] Brian StrongArizona’s How to Catch a Predator Laws: Are they really catching who they were meant for?When it comes to sexual offenses, Arizona has some of the harshest prison sentences in the country. Recently law enforcement has been investigating, enforcing, and prosecuting crimes such as prostitution, child prostitution, and luring minors for sexual exploitation with greater frequency and ferocity. One of the reasons for the increased enforcement is the increased funding […] azlegalArizona’s Revenge Porn Law Remains on Indefinite HoldEarlier this year, the Arizona Legislature made major revisions to Arizona’s revenge porn law, Arizona Revised Statutes § 13-1425. Arizona is neither the first nor the only state to prohibit the unauthorized disclosure of intimate photos that were created for private viewing only (commonly referred to as “revenge porn”). The terminology selected by the Arizona […] Brian StrongAuto Accident Attorney | What Causes Car Accidents?As an auto accident attorney in Mesa, AZ, I want to give you some insights on what I have found over the years with regard to auto accidents. Car accidents are often caused by driver negligence, or a problem/defect with one of the vehicles involved. Below are some explanations of why this is true. Driver […] Kevin ChapmanThe Insidious Myth of Tort Reform | Medical MalpracticeWe all have the right to safety, to know that if we are harmed, those responsible will be held accountable, regardless of their occupation. For years, insurance companies and lobbyists have tried to sway state legislators and the public to adopt tort reform to supposedly bring down health care costs and prevent doctors from fleeing […] Kevin ChapmanCheaters, Divorce & Social MediaFiles Leaked – Cheating Spouses Exposed Target, Staples, and Home Depot customer’s credit card information was hacked into this past year. Recently the website that caters to spouses seeking to be unfaithful to their spouse was compromised. Ashley Madison’s slogan is “Life is Short – have an affair”. First of all, what a terrible slogan […] azlegalCriminal Defense for BurglaryAnd To Think the “Hamburglar” Looks So Harmless As a criminal defense attorney in Arizona I have found that modern burglary statutes are some of the least-understood crimes on the books. Potential clients commonly ask questions like: But I just wanted to steal something. How can I be guilty of burglary? But the window was […] Brian StrongDivorce and Custody Turns AbsurdChildren Ordered to Talk to Their Father or Be Found in Contempt. In any divorce where custody of the children is contested, absent an agreement between the father and mother, the decision is left to the ineffective, expensive and arbitrary court system. Judicial officers (judges and commissioners) are to consider the “best interest” of the […] azlegalWhen a Billion Dollars is Not Enough | Divorce LawyerEven as a divorce lawyer it is shocking to hear that when Sue Ann Arnall recently received and cashed a $975 million dollar check from her soon to be ex-husband, oil magnate Harold Hamm, that she now claims the check was not enough to adequately compensate her for the couple’s estimated $18 billion dollar holdings, […] azlegalDoes Arizona Have a Revenge Porn Law? | Criminal LawModern technology has given birth to a host of crimes that did not exist just a decade ago. Revenge porn is one of those crimes. As an Arizona revenge porn criminal defense attorney, I am consistently asked whether or not revenge porn is illegal here in the southwest. Revenge porn is commonly the act of […] Brian StrongTop 3 Divorce LawyersWe are happy to announce Rowley Chapman & Barney, Ltd. has been named to the Top 3 Best Divorce Lawyers in Mesa, Arizona for 2015! Find us here azlegalBicycle Accident Attorney – Rules of the RoadIf You Liked it, Then You Shoulda Put a Helmet on it! As a bicycle accident attorney I have often thought, what is the hardest thing about learning to ride a bike? The road. Under Arizona law, cyclists have the same rights and responsibilities as motorists. When riding, always: Wear a helmet – it could […] Kevin ChapmanReal Estate Law & The Partition Solution: When Joint Owners of Real Property Can’t AgreeI am a real estate law attorney is Mesa, Arizona and for this article, I am going to discuss what happens when property owners can’t agree how to deal with joint ownership issues. Let’s start by considering the following two scenarios, one more likely than the other: Derek and Jennifer meet, fall in love, get […] Nathaniel WadsworthFamily Law and Gay MarriageAs a family law attorney it is significant that gay marriage is now federally recognized and is legal in 35 states, including Arizona. It has been nearly six months since U.S. District Judge John Sedwick struck down Arizona’s prohibition on same sex marriage as unconstitutional. Since that time, many same sex couples have become legally […] azlegalWhat is Custodial Interference?Custodial interference is a felony. A person commits custodial interference if they keep the child from the parent who should have time with the child. Although the statutes in Arizona take custodial interference seriously, law enforcement is often reluctant to get involved. Police officers frequently refer to family cases as a “civil matter” and refuse […] azlegalWill Congress Close the Trust Fund Loophole? #EstatePlanningAttorney(Comments Regarding President Obama’s 2015 Tax Proposals) On January 17, 2015, the White House released its fact sheet entitled, “A Simpler, Fairer Tax Code that Responsibly Invests in Middle Class Families.” This fact sheet was released as a precursor to President Obama’s 2015 State of the Union Address and his 2015 Tax Proposals. The White […] Kenneth BarneyIn Criminal Defense Can We Ever Trust An Anonymous Tip?As a seasoned Arizona criminal defense attorney, I have learned that deceit often lurks behind anonymity. I think Fezzik said it best in the movie, The Princess Bride, when he told Inigo Montoya to be careful in his dealings with the “Man in Black” because: “People in masks cannot be trusted.” The 6th Amendment affords […] Brian StrongWhat Type of Last Will and Testament Should I Have? #EstatePlanningAttorneyEstate planning has a couple of constants and always will. The first is changes in your family and circumstances will always happen. Whatever plan you put in place will, over time need to be adjusted and changed based upon various factors such as state or federal law changes, tax law, family, assets, relationships with the […] Kenneth BarneyLitigation Attorney | I just got served with a lawsuitSo you just had a stranger come to your home, hand you a stack of papers, and tell you that you were being served with a lawsuit. I am a litigation and lawsuit attorney in Mesa, Arizona and I can tell you what you need to do, now. Don’t ignore it—it will not go away […] Nathaniel WadsworthDUI Criminal Defense and The Blood-Breath Partition RatioArizona law states that “alcohol in the breath does not cause impairment; impairment results when alcohol enters the body, is absorbed into the bloodstream, and is transported to the central nervous system.” Guthrie v. Jones, 202 Ariz. 273, 274, 43 P.3d 601, 602 (App. 2002). None of my DUI clients struggle with this concept. Their […] Brian StrongWho can I sue if my team doesn’t make it to the Super Bowl? #LawsuitAttorneyApparently, this is the question one man asked himself after the Dallas Cowboys lost in the NFL playoffs to the Green Bay Packers. A key play in that game came in the fourth quarter when a pass to Cowboys receiver Dez Bryant was ruled incomplete after first being ruled a catch. The overturned call, and […] Nathaniel WadsworthSoliciting Prostitution and Prostitution Arrests likely to Skyrocket in Arizona this Month #SolicitingProstitionAttorneyAs proud Arizonans and football fans, the criminal defense attorneys at Rowley Chapman & Barney are excited that Super Bowl XLIX will be coming to the University of Phoenix Stadium on February 1, 2015. As the Super Bowl comes to Arizona, many legal risks come with it. One of those risks comes in the form […] azlegalThe Law of Gift-Giving #LitigationAttorneyThe holidays are upon us. Soon children will be writing their letters to Santa and imagining what treasures might be left under the Christmas tree. Over the next several weeks, people of all ages will be trying to come up with the perfect gift idea, the one that will make a child squeal with delight, […] Nathaniel WadsworthAvoiding the Pitfalls from Separation to Divorce and BeyondGoing through a legal separation or divorce is a very stressful, emotional and financially taxing period in anyone’s life. There are many pressing issues that take center stage in a divorce, especially if you have minor children, that usually other important matters are forgotten or ignored. One of the last things that may come to […] Kenneth BarneyWho Should Be My Life Insurance Beneficiary? #EstatePlanningAttorneyThe question, “who should be your designated beneficiary under your life insurance policy” is a very important family decision that should be made after careful consideration of all relevant family and financial goals in mind. As an experienced estate planning attorney, I strongly suggest if you have a blended family, minor children, disabled children, spend […] Kenneth BarneyShould I Name My Minor Child as a Beneficiary #EstatePlanningAttorneyAs an estate planning attorney in Mesa, Arizona I am frequently asked the question by parents: Should I name a minor child as a beneficiary or contingent beneficiary of a life insurance policy? This question has very important legal and financial ramifications that may affect your child positively or negatively for years to come and […] Kenneth BarneyWhat to Know About Bike Laws and Bicycle Accidents in Arizona | #BicycleAccidentAttorneyJust as motorists may be surprised when an accident suddenly happens, things move just as quickly when bicyclists get into accidents. Intersections that accommodate both cars and bikes can be particularly hazardous, especially because sometimes motorists are not looking for cyclists or have difficulty seeing them. Accidents can also happen if a cyclist is pedaling through a construction zone and encounters uneven pavement, a pothole, or other obstacle that causes loss of control. Kevin ChapmanYour Living Trust is Not Complete if it is Not Funded ProperlyIf you have taken the time to create a trust based estate plan and have not taken the next step to ensure all of your assets have been transferred (“funded”) properly, then your trust may not accomplish all that you have intended. Please use the following guidelines below to be certain you have funded your […] Kenneth BarneyMedical Marijuana Authorized for All Probationers #Marijuana-AttorneyIn a case of first impression, Division 2 of the Arizona Court of Appeals recently decided that a person on probation could use medical marijuana so long as that use was compliant with the guidelines established by the Arizona Medical Marijuana Act (herein the “AMMA”), A.R.S. § 36-2801 through 36-2819. See, Reed-Kaliher v. Hoggatt, 691 […] Brian StrongPersonal Injury Lawyer | How We Can Help YouAt Rowley Chapman & Barney, we have personal injury attorneys who work relentlessly to hold accountable those responsible for injuries, damages, pain and suffering, and loss wages for accident victims all over Arizona. As more vehicles are on our roadways, and more drivers are distracted by their electronic devices, accidents are on the rise. Kevin ChapmanCan the Police Look at My Cell Phone Without a Warrant? #CriminalDefenseAttorneyFor the past century, the United States Supreme Court has given the police the right to search (without a warrant) a person who has been legally arrested. See Weeks v. United States, 232 U.S. 383, 392 (1914). Unfortunately, as a criminal defense attorney, I will tell you this can make defending someone who has been […] Brian StrongMile-High Marijuana for Arizonans #CriminalDefenseAttorneyAs a criminal defense attorney in Arizona, I was paying particularly close attention on January 1, 2014, when Colorado became the first state in the Union to permit the legal use of recreational marijuana. In amending their state constitution, Colorado voters declared that: In the interest of the efficient use of law enforcement resources, enhancing […] Brian StrongTeen Sexting Can Lead to Criminal Charges #CriminalAttorneyTeenagers who take sexually explicit photos or videos and text them to their friends may subject the sender and receiver to possible child pornography charges. Our child pornography laws were designed to deter, discourage and to punish hard core distributors, predators and sexual deviants from the sexual exploitation of children. “Teen Sexting” is a foolish […] azlegalCorporate Law Attorney – The Importance of Corporate Designations #CorporateLawAttorneyAs a business and corporate law attorney I find it interesting that many business owners do not understand there are significant advantages to forming a separate legal entity, such as an LLC or a corporation, to run a business, but fail to realize the full benefit these entities can provide. As a way to relate […] Nathaniel WadsworthThe Business Law Of Twinkies and Trade Names #BusinessLawAttorneyBeing a business law attorney it came to my attention, as I walked down the snack food aisle at the grocery store, and noticed a product that looked similar to a “Twinkie” that product copying can clearly be a problem for a business owner. The snack cake I saw was clearly not a “Twinkie”, however, […] Nathaniel WadsworthDo People Drink Beer for the Taste or the Buzz? #DUIDefenseAttorneyAs a DUI defense attorney it doesn’t matter why a particular drink is chosen, it is the effect of your choice that matters. So, if beer is the drink you want at the weekend barbeque or while watching the ball game, have you ever wondered whether if it is the alcohol or the taste that […] Brian StrongWhat Can We Learn From Robin Williams’ Estate Plan? #EstatePlanningAttorneyThe unfortunate death of actor Robin Williams in August 2014 has sparked numerous articles, blogs and commentary on his life, family, comedy, mental illness, depression, and his estate plan. Whenever a celebrity passes away, either by natural causes or prematurely by unfortunate circumstances or events, undoubtedly that celebrity’s estate plan will be scrutinized for months, […] Kenneth BarneyA Family Law Attorney Wonders – A Beta Marriage…What is going on? #FamilyLawAttorneyFamily Law is evolving . Millenials are the driving force. (Millenials are those reaching adulthood around the year 1980-2000). The actual definition of marriage is at the forefront. It is called the Beta marriage. So what is a Beta marriage? Beta was the latest release in the software cycle. You may have heard the terminology […] azlegalArizona Criminal Defense Attorney – How Can I be Guilty of DUI Drugs if I Possess a Medical Marijuana Card?As a criminal defense attorney in Arizona, I am consistently meeting people who are downright distraught and confused to have been charged with DUI Drugs (sometimes referred to as “drugged driving”) when the only drug they were using was medical marijuana. In Arizona, a prosecutor has three possible methods for proving that a driver has […] Brian StrongIn Business & Corporate Law Avoiding a Messy Business Divorce is Important! #BusinessAttorneyWhen people come together to begin a business, they may not think the time will come when they will not get along. But if, after many years, you and your business partner no longer see eye-to-eye when it comes to how to operate your business, what is to be done? The late Mickey Rooney once […] Nathaniel WadsworthAsk an Arizona DUI Attorney – Do the Police Need a Warrant to Get My Blood? #DUIAttorneyAs an Arizona DUI attorney, I routinely represent clients whose blood has been taken without their permission. In some cases, the police officers have obtained a telephonic search warrant. In other cases, the officers simply hold my client down and take blood without a warrant. The Fourth Amendment to the Constitution provides that the “right […] Brian StrongDUI Attorneys Wonder Are the Eyes the Mirror of a DUI Soul? #ArizonaDUIAttorneyAs an Arizona DUI attorney, my clients are often puzzled by the arresting officer’s request to gaze deep into their eyes. After all, this is Arizona. “Blood shot and watery” eyes can be simply a sign of allergy season. Arizona DUI cops however, are peering into drivers’ eyes in the hopes of finding something a […] Brian StrongIn Criminal Defense Victim Restitution is Not Punishment, but it Sure Feels Like it! #CriminalAttorneyOne of the fundamental principles of our criminal justice system is that one person should never be punished for the misdeeds of another. As a result, if an eighteen-year-old gets drunk and smashes several car windows with a baseball bat, his parents can never be sentenced to jail for the criminal damage caused by their […] Brian StrongCriminal Defense Attorneys Eye the Feds Stance on Medical Marijuana Enforcement #CriminalDefenseAttorneyCriminal defense attorneys in Arizona are paying close attention since August 29, 2013, when the United States Department of Justice announced a major policy shift regarding the federal government’s long-running war on marijuana. First, Attorney General Eric Holder announced that the Department of Justice would not be suing to halt the implementation of laws in […] Brian StrongObamacare May Increase Health Coverage After Divorce #DivorceAttorneyArizona law prohibits either spouse in a divorce proceeding from removing the other spouse from health insurance plans. This allows continuity of coverage during the proceeding, but once the divorce is finalized, it is typically each party’s own responsibility to provide their own insurance, and many find themselves without coverage. Naturally, this is often most […] azlegalDivorcing Parents – Avoid Alcohol Abuse, Illegal Drugs, or Excessive Prescription Drug Use #DivorceAttorneyIf you as a parent have filed for divorce or are seeking sole or equal decision making of your minor children, the court must decide what is in the child’s best interests, if you and your spouse cannot agree. If your spouse alleges you abuse alcohol or drugs, most likely the court will require you […] azlegalCan Prosecutors Prohibit Medical Marijuna as a Legal Medication? #MarijuanDefenseAttorneyWhenever an individual is placed on supervised felony probation, his or her probation terms are always set out in writing. Although the wording varies slightly from county to county, without fail, there is always a specific mandate that the defendant not possess or use any drugs or medication “without a valid prescription.” Thus, for most […] Brian StrongAre Jurors Entitled to Have a Conscience? #CriminalDefenseJury nullification occurs whenever a criminal jury’s collective conscience is troubled by what is deemed to be an unjust law or a truly unique set of circumstances that justify ignoring the law. In such rare cases, the jury has the power to render a verdict that disregards both the evidence presented in court and the […] Brian StrongSometimes… Your Silence Can Convict You #CriminalDefenseAmericans do not need to be taught in school that we have the right to remain silent. With the surplus of cop shows on TV, the past couple of generations have grown up hearing the famous Miranda warnings multiple times each week. As a criminal defense attorney and part-time judge, I routinely visit classrooms as […] Brian StrongAnonymity (not) Guaranteed #LitigationAttorneyThe power of words is undeniable. Joseph Conrad expressed it in these terms: “My task, which I am trying to achieve is, by the power of the written word, to make you hear, to make you feel—it is, before all, to make you see.” Today, because of the accessibility of social media, nearly any person […] Nathaniel WadsworthDevelopments in Religious Freedom and Employmen LawThe First Amendment to the United States Constitution provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . .” Earlier this month, the United States Supreme Court ruled that the town of Greece, New York did not violate the First Amendment by its practice of […] Nathaniel WadsworthAre Smart Phones Making Our Kids Selfie Absorbed?No, this isn’t another article about the dangers of texting and driving. We can’t ignore the startling reality that our children are growing up faced with the lure of ever-expanding technology. It seems some of our teenagers are living half (or less) of their life in the actual world and the other half in the […] Kevin ChapmanIf Your Boss Were Donald Sterling, What Could You Do?As an employment law attorney I’ve been following recent events and unless you avoid sports-related news, you have heard that Donald Sterling, the coach of the NBA’s Los Angeles Clippers, was recently banned for life from the NBA because of racist comments he made in private conversation. Before the ban was announced, there was a […] azlegalMy Loved One Died and Nominated Me as Trustee – What do I do Now? #EstatePlanningAttorneyA very common scenario plays out time and time again: A parent or loved one, years ago, planning ahead (which in and of its self, is something almost 70% of American’s do not do), created a Revocable Living Trust. The Trust book was then placed on the shelf and has collected dust during the past […] Kenneth BarneyCareful the Things You Say, Children Will Listen | Parenting Time AttorneyMy wife recently gave birth to our first child. Words cannot describe what it was like to first see him, hold him and care for him. Do you remember seeing your first child for the first time? Did you think about how much you wanted to protect that defenseless baby? How much you wanted to […] azlegalTwitter Usage Linked with Divorce | Arizona DivorceA new study finds a correlation between Twitter usage and relationship problems, including divorce. The more frequent the Twitter usage, the higher the likelihood of discord in the couple. The study found the same results for couples who had been together for years, as well as newly formed relationships. The results of this and other […] azlegalHow to Find the Best Divorce Lawyer in Arizona | Family Law AttorneyHow do you find the best family law attorney in Arizona? While there may be a number of attorneys who might think they are the best, I doubt anyone could truly lay claim to that title. (And if anyone claims he/she is the best then you need to rush out of his/her office and find […] azlegalProperty Division in Arizona: Equitably versus EquallyArizona is a community property state. That basically means that both parties have control of property earned or purchased during the marriage. (There are a number of exceptions to this but we’ll save that for other articles). The law regarding this is A.R.S. §25-318, which states in part that the court shall “divide the community, […] azlegalAB Trust Planning vs. Portability Under ATRA-2012 – To “B” or Not to “B”: #EstatePlanningAttorneyThe American Taxpayer Relief Act of 2012 (ATRA-2012) was enacted on January 2, 2013, effectively saving us from falling off the Estate & Gift Tax “Fiscal Cliff” that threatened us at the end of 2012. ATRA-2012 was a welcome relief for many families who worried that the estate and gift tax exemption would fall back […] Kenneth BarneyEstate Planning Lawyer: A Will Makes Your Passing Easier on HeirsA frustrated son recently wrote into a well-known advice columnist, lamenting the fact that his father refused to create a trust based estate plan or even a will that would designate how his property and various businesses should be handled in the event of his passing. The son questioned whether such action was “selfish.” Our […] Kenneth BarneyCombating Financial Abuse of Elderly in MesaOver the course of the last century, the number of U.S. residents over the age of 65 has increased 11-fold, and according to the U.S. Census Bureau, the median age of our population is expected to continue to rise. Where 1 in 25 Americans was elderly in 1900, they now comprise 1 in every 8 […] Kenneth BarneyAvoiding Holiday Parenting Time Disputes | Child Custody LawyerThe holidays are a wonderful time to spend together as a family and make lasting memories for children. Unfortunately, without fail, every holiday season I have clients call me with some sort of urgent parenting time issue. Instead of children getting the opportunity to be children during the holidays, they are often thrust in the […] azlegalCost of Divorce a Top Concern for Arizona FilersA recent survey by Avvo.com revealed that for those seeking information on divorce, one of the primary concerns was: How much is this going to cost me? Of those survey respondents without children, nearly 60 percent said that the cost of the proceedings was the No. 1 concern they had for the divorce process. Division […] azlegalArizona’s New Child Custody Law: Nearing 1 YearWe are rounding out nearly 1 year since the passage of a new Arizona law that governed how much time divorcing parents are granted to spend with their children. Senate Bill 1127, called the “Legal Decision-Making and Parenting Time” law, officially went into effect on Jan. 1, 2013. Our Mesa child custody attorneys know that […] azlegalTwo Hospitalized After Arizona 97 Semi RolloverFollowing a semi-truck rollover on Arizona 87, near Gilbert Road, two people were transported to the hospital. According to AZ Central, the two southbound lanes of the roadways were closed at about 9:00 a.m. at Shea Boulevard. The northbound lanes at Gilbert Road were also closed, but were later reopened. In the accident, diesel fuel […] Kevin ChapmanArizona No-Fault Divorce Doesn’t Mean Fault Won’t MatterWhile all 50 states have some kind of no-fault divorce option, Arizona is one of those that offers it unconditionally, without requiring a period separation and absent the option of seeking a fault divorce. Our Mesa no-fault divorce attorneys know that there are a number of advantages to this system. But what we also want […] azlegalElectronic Spying on Your Spouse #DivorceAttorneyAnthony Weiner’s sexting scandal reinforces what we should already know – that electronic data can last forever, and come back to haunt us. Cheating spouses should know that their information, including emails, text/picture messages, phone logs, or even GPS data is easy to track. As Mark Twain said it, “If you must be indiscrete, be […] azlegalArizona Estate Planning Lessons From James Gandolfini’s DeathWhen beloved actor James Gandolfini died unexpectedly at age 51 while on vacation this summer, it spurred a number of relevant discussions about estate planning. Our Mesa estate planning attorneys know that estate planning as a whole is treated as rather dull, dry material. However, in the down-to-earth Gandolfini, many of us saw a part […] Kenneth BarneyMesa Child Custody Lawyers Can Help Defend Victim RightsWhen convicted kidnapper and rapist Ariel Castro pleaded guilty earlier this summer to hundreds of crimes involving three victims over the span of a decade, he asked the judge that he be allowed to have visitation with a child he fathered with one of his victims. While such a request may seem outlandish, the fact […] azlegalArizona Car Accident Attorney | Drunk Drivers A Target through Labor DayOur Arizona car accident attorneys want you to know that more than 675,000 Arizonians are expected to travel 50 miles or more to their Labor Day weekend destination this year. That’s a 6 percent increase from last year, and we’ll over the 4.3 percent national increase. According to the Phoenix Business Journal, close to 85 […] Kevin ChapmanArizona Divorce Mistakes Could Ruin Your RetirementDivorce can be emotionally messy business. However, our Phoenix divorce lawyers know that absent proper planning, the whole process can quickly unravel into a serious financial mess too, particularly if you are nearing retirement age. In fact, a poorly-planned divorce could even derail your retirement completely. The U.S. Census Bureau says that between 1990 and […] azlegal“Abandonment” in Arizona Child Custody CasesThere are perhaps few greater wrongs that a parent could inflict on a child than abandonment. While the meaning of the word may be interpreted subjectively by the child and remaining parent, our Phoenix child custody attorneys know that the term “abandonment” has a very specific and narrow meaning under Arizona law. This definition was […] azlegalCar Accident Fatalities in Arizona: Modest Decline ReportedThe United States is reporting a reduction in the number of car accident fatalities through the first half of 2013. During the first 6 months of the year, our nation saw roughly 16,100 traffic accident fatalities. During the same time in 2012, more than 16,600 road deaths were recorded. This is a reduction of about […] Kevin ChapmanSchool Back in Session and Child Pedestrian Accidents RisingChildren are gearing up to head back to school for another year of classes. Unfortunately, returning to school means increasing risks for child pedestrian accidents. Each school day, there are millions of students who walk to school or their bus stop. This is the perfect time to go over some important safety rules with […] Kevin ChapmanA Living Will vs. a Simple Will: Which Do You Need?Having a will is an important way to make sure that your final wishes are respected and carried out. Unfortunately, nearly three-quarters of Americans under the age of 34 say they don’t have a last will and testament; more than 40 percent of Baby Boomers don’t have one. Our Mesa estate planning attorneys know a […] Kenneth BarneyArizona Child Support Cases Weighed Carefully by JudgesAn Arizona appellate court has revisited an earlier ruling in the divorce settlement of Phoenix-area NBA star Steve Nash and his now-ex-wife, Alejandra Amarilla Nash. Our Maricopa County divorce attorneys understand that there were two primary points of contention: An earlier child support agreement. The ongoing disparaging comments both parties were making publicly about one […] azlegalTime for a New Mesa Divorce Lawyer: When to Move OnBreaking up is hard to do – especially if you have to do it twice in the same divorce, one of those being with your attorney. Our Mesa divorce lawyers want to stress that the decision to switch attorneys mid-case is not one you should take lightly. One missed phone call or a single unfavorable […] azlegalProperty Division in Arizona Divorce Cases | Divorce AttorneyJust as no two relationships are the same, every Arizona divorce is going to be different. When it comes to property division, our Mesa divorce attorneys understand that as a community property state, all property acquired by the couple during the course of the marriage is going to be divided equally under the letter of […] azlegalArizona Criminal Cases Subject to Forensic ErrorThree months ago, a man was released from a Phoenix prison after serving 42 years for the murders of 29 people – murders we now know he did not commit. In fact, he may have actually been a hero, with witnesses saying they saw him pull several women and children from the burning Tucson hotel […] Brian StrongShould Avoiding Probate Be Your First Priority in Arizona Estate Planning?Our Arizona probate attorneys realize that probate is a term that may bring with it fear into the hearts of many family members. Usually, it is because of horror stories they have heard or even experienced themselves with a loved one’s estate. Many advisors, non-attorney “trust mills,” and even probate attorneys will tout the need […] Kenneth BarneyUrban Arizona Seeing Increased Risk of Traffic AccidentsThe Arizona Crash Facts report, produced annually by the Arizona Department of Transportation, has been released, revealing a mixture of good and bad news. Our Mesa car accident attorneys understand that among the key findings comparing 2012 statistics from those a year earlier: The total number of crashes was down by about half a percent, […] Kevin ChapmanProof of Authority: How an Out of State Executor Conducts Estate Business in ArizonaAs Arizona probate attorneys we receive many phone calls from family members, personal representatives, and beneficiaries who do not live in the State of Arizona, but a deceased loved one died here. We are able and willing to help such out of state individuals with an Arizona probate administration, trust administration or other administration services […] Kenneth BarneyCan you “stand your ground” in Arizona?As an Arizona criminal defense attorney in Mesa, I have found it interesting how the George Zimmerman trial has created a national debate about the wisdom of so-called “stand your ground” laws. Many states have enacted such statutes which basically remove the ancient requirement that one had a duty to retreat prior to claiming self-defense. […] Brian StrongMesa Construction Injuries a Summer Threat to WorkersConstruction workers are known as a tough group, with physical stamina and quick reaction times practically part of the job description. But as a recent Mesa construction accident off Loop 202 revealed, these workers aren’t invincible. They face a host of dangers at every turn. Particularly in the summer, they are coping not only with […] Kevin ChapmanTruck Accident Lawyer | AZ Commercial Vehicles Deemed Unsafe By StateThe Arizona Department of Public Safety has sidelined 140 commercial vehicles after finding their safety standards lacking, following a three-day enforcement effort along Interstate 40 last month. Our Mesa truck accident lawyer understands most of these violations were mechanical, and included problems with the vehicle brake systems, wheel and tire problems and overloading. Additionally, there […] Kevin ChapmanLessons from the George Zimmerman CaseFor nearly a month, the trial was held against George Zimmerman. The state charged him with second degree murder for the death of Trayvon Martin. Zimmerman asserted self defense under Florida’s “Stand Your Ground “ law, and plead not guilty. Six jurors were sequestered and charged with rendering one of three verdicts. Guilt of second […] Brian StrongThe Employment Relationship: A Weighty Matter | Employment AttorneyRecently the United States was surpassed by Mexico as the most obese nation. Of course this doesn’t change the fact that many people in the United States are overweight. While reasonable minds may disagree as to the severity of the issue or what to do about it, from my perspective as an Arizona employment attorney, […] azlegalNot All Litigation is A Slam Dunk Case #LawsuitAttorneyThe Cleveland Cavaliers surprised the basketball world by choosing Anthony Bennett as the first selection in the NBA draft. Nerlens Noel, whom many predicted would be the first pick, was not chosen until the sixth pick in the draft. Even Noel apparently expected to go higher in the draft, and reportedly said of the teams […] azlegalBirth Father’s Rights and Obligations in Adoption | Adoption AttorneyPending before the United States Supreme Court is a case nicknamed after a young girl that two families are fighting for. “Baby Jessica” lived with her adoptive parents for two years before they suddenly lost custody. The biological father, despite having signed away his parental rights prior to the adoption, gained custody of a child […] azlegalYou Lost a Lawsuit And There Is A Final Judgment Against You Or Is It?It is not uncommon for a person to receive notice that a default judgment has been entered against them in a lawsuit, even though the person may have not ever known of the existence of the lawsuit. Although this may happen for a number of reasons, the first thing a person in this situation should […] azlegalA Poor Economy Is No Excuse For Not Paying EmployeesMany news reports these days suggest that the economy is still not good but is getting better. Of course there are still many businesses and families facing hard times. However, the poor economy should be no excuse for an employer to not pay its employees. As an Arizona employment law attorney, I have met with […] azlegalBusiness Owners – Are Your Non-Compete Agreements Up-To-Date?With the start of a new year, many people begin thinking of resolutions related to personal fitness and weight control. “This year I will lose X number of pounds,” is a common goal. However, many may testify that it is easier to never to gain extra weight in the first place. In legal matters, it […] azlegalCan Arizona Cops Seize my Medical Marijuana? #CriminalLawyerAs a criminal defense attorney in Arizona I can tell you that under Arizona law, police officers are vested with authority to immediately seize illegal drugs, including marijuana. Pursuant to A.R.S. §13-3413(C), seized drugs are then “summarily forfeited” which means that they are never returned to the owner and are destroyed without any kind of […] Brian StrongNew Court Mandated Training for All Persons Serving as a Personal Representative, Guardian or Conservator #EstatePlanningAttorneyArizona Estate Planning & Probate Attorney, Kenneth Barney wants you to take notice: Pursuant to Rule 27.1(A) of the Arizona Rules of Probate Procedure, effective September 1, 2012, all non-licensed persons requesting to serve in any court appointed fiduciary capacity must receive training from the Arizona Supreme Court prior to appointment. A non-licensed fiduciary includes […] Kenneth BarneyWhen A Business Has A Change In Leadership | Business AttorneyPope Benedict XVI announced recently that he will be resigning his position as the leader of the Catholic Church. While a Pope’s resignation is not common, it is common for leaders of businesses to resign their positions, either because of age, a sale of the business, a forced resignation by others with an interest in […] azlegalHow to Get through the Heartbreak of a Divorce | Divorce AttorneyAs a divorce attorney in Mesa, Arizona the one thing I know for sure, divorce is hard. It is the end of something that usually began with the best intentions and a bright future. For some people it is an emotional relief but for most it brings about a lot of pain. I’ve been cheated […] azlegalIn Corporate Law is Forming a Business Just Forms?Are you an entrepreneur struggling to decide how to form your business? You may be wondering whether you should: start the business without assistance; use an online platform to assist in filing; or hire an attorney. Which option to choose depends on the complexity of your business and its structure. 1. STARTING A BUSINESS WITHOUT […] azlegalThe Season of Giving: The “Fiscal Cliff” Coming to the Estate and Gift Tax Laws #EstatePlanningAttorneyThe Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (“2010 Act”), was signed into law by President Obama on December 17, 2010. This Act provided a two year fix to the existing estate and gift tax problem. The 2010 Act substantially increased the estate and gift tax exemption from $1 million to […] Kenneth BarneyDestroying Evidence Will Not (Necessarily) Suppress the TruthEvery day it seems we learn in the news of another scandal involving a government official or other famous person. From an affair and threatening emails leading to the resignation of David Petraeus to the suspension of football players for restaurant fights or drug use, we frequently become privy to matters these public figures no […] azlegalYou Breached a Contract, So What? #ContractLawRecently I met with a woman who was party to a contract with another person. The woman was extremely frustrated because the other party to the contract breached the contract. I read the contract and listened to the woman describe what happened. There was no doubt that a breach occurred. However, it was equally as […] azlegalIs There an Advantage to Filing First in an Arizona Divorce?In well over half of my consultations I get asked whether there is an advantage to filing first for divorce in Arizona. The answer is no. The question stems from a fear that it may be socially unacceptable to seek a divorce. Arizona is a “no fault” divorce state, which means that to get a […] azlegalYour Name in Contract Law – Very Important!Shakespeare reminds us that a rose by any other name would smell as sweet. However, this metaphor only goes so far. A contract signed in any other name is not necessarily enforceable in the same way. Some business owners, for example, have made the mistake of signing their personal name to a contract without making […] azlegalTort Reform Limiting Medical Malpractice Awards in Texas: It Ain’t Workin’Health care costs in Texas did not drop after passage of a 2003 constitutional amendment limiting medical malpractice awards, despite promises made to voters by tort reform supporters. According to Mary Ann Roser of the American-Statesman, the results of a highly-regarded study by several researchers, including University of Texas law professor Charles Silver, showed that […] Kevin ChapmanAre Student Loans Community Property? Dividing Debt in DivorceAmericans owe nearly $1 trillion dollars in student loan debt. As of 2010, student loans have even surpassed credit card debt, according to the Federal Reserve Bank of New York. With student loan debt being so common, many people wonder how it is divided in a divorce, often where the debt is incurred largely by […] azlegalWho Will Pay For Your Personal Injuries?While a person involved in a car accident may not have any resulting fractures or visible bruises, neck and back pain caused by cervical acceleration/deceleration (“CAD”), also known as whiplash, can be quite severe. These soft tissue injuries may require treatment from a competent health care provider. For example, most chiropractors will evaluate the injured […] Kevin ChapmanBEWARE: Child Support is a Priority PaymentFor those ordered to pay child support, remember that non-payment is serious. If you lose your job or your income goes down, you should immediately file for a reduction in child support; if granted the reduction will be retroactive to when you filed. If you fail to file and just hope your ex-spouse will let […] azlegalContract & Litigation Law: Collecting on a JudgmentIt was widely reported recently that Apple, the maker of the iPhone, won a lawsuit against its competitor, Samsung, in the amount of more than $1 billion. It is commonly misunderstood that after a party wins a lawsuit, it will automatically receive the money awarded. Often times, however collecting the money from a judgment is […] azlegalLessons From Chad Johnson AKA “Chad Ochocinco” and Evelyn Lozada AKA “Ev”Domestic Violence is Unacceptable! They were recently married, had a reality TV show “Ev and Ocho” on TV in the works, Dolphins wide receiver, life was good . . . . . . . or maybe not. Ochocinco has been arrested for domestic violence after head butting Ev. The Dolphins terminated his lucrative contract, Ev […] azlegalDivorce: Is it His, Mine or Ours?Going through a divorce is difficult enough especially when child custody is an issue. Add to that financial issues and it can become very contentious. Acrimony increases when spouses argue over what is His, Mine and Ours in the divorce. If you have assets or a business prior to marriage or inherit assets during the […] azlegalDo I need a Divorce Attorney in Arizona?Do I need a family law attorney? I get asked this question a lot. In Arizona you are not required to be represented by a divorce lawyer in family court. However, keep in mind that you are expected to know the law and rules of the court. Regardless of whether you plan to hire a […] azlegalDomestic Violence Leads to DivorceIt is no surprise that abusive relationships often end in divorce. After a mere 41 days of marriage, television personality Evelyn Lozada has filed for divorce from her husband and NFL star Chad Johnson. Johnson was recently arrested after allegedly head-butting Lozada. Johnson was then released by the Miami Dolphins one day later, and his legal troubles are just kicking off. azlegalFamily Law: Facebook as Evidence in Family Law Court? Sustained.So you’ve had a really frustrating day and can’t wait to post on Facebook about it, blow off some steam and get some encouraging words from your friends. Before you post that snarky comment about your ex or about how much you need a break from your kids, stop and think twice before you do it. Actually, just don’t do it. azlegalLitigation Law | Of Cats, Dogs and ChildrenA few days ago, my 10-year-old daughter suffered a sad experience. She had a pair of finches kept in a cage on our back patio. On one occasion, my wife noticed a cat near the cage, attempting to reach its paw through the cage bars. Fortunately, the cat could not fit its paw through the […] azlegalCriminal Defense Lawyer | California Teacher Charged For Misconduct With a MinorThe criminal statutes of every state in the Union contain time limitations. Although the various states differ greatly in their applicable limitation periods, the reason for their existence is always the same. “Statutes of limitation in criminal cases are designed primarily to protect the accused from the burden of defending himself against charges of long completed misconduct. Brian StrongDivorce Lawyer Mesa AZ | Bobby Petrino from a Divorce Lawyer’s PerspectiveBobby Petrino had it all. He had a wife and 4 kids. He had an excellent record as the head coach of the University of Arkansas Razorbacks college football team, who many believed would be a title contender in 2012. He had a salary of $3.5 million a year. However, despite all of that, he […] azlegalProbate Law AZ | Cars & Trucks Can Transfer Probate FreeA new state law provides for probate free transfers of vehicles upon the death of the owner. Kenneth BarneyProbate and Estate Planning Attorney | Changes in Arizona’s Estate and Probate Law Statutes and RulesThe Arizona Legislature added approximately 25 changes to various Rules of Probate Procedure, some of which took effect on February 1, 2012 and others that will take effect on September 1, 2012. Kenneth BarneyContract and Business Lawyer | Don’t Lose Your Opportunity For Justice in a Lawsuit!In Arizona a lawsuit claim based on the breach of an oral contract is subject to a three-year statute of limitations. Other claims may be subject to different limitations, some much shorter. A person with a claim against a public entity, such as a city or state, for example, must serve a notice of claim within 180 days or may not be permitted to bring a lawsuit at all. azlegalNot Every Cases Goes To Court | Kevin Chapman | Trial and Personal Injury Lawyer Mesa AZWe have alternatives to resolving legal disputes without going to court. Some are mandated, while some are optional. Known as “alternative dispute resolution,” these options can be less expensive and more efficient than a jury trial. Kevin ChapmanMesa Arizona Divorce Lawyer | Hope Your Marriage is – Happy, Healthy & TerrificWell, here we go again, another article from the divorce attorney about what to do to keep your marriage healthy, happy and terrific. After 24 years of working with people whose marriages have failed, here are some tips to avoid a painful, expensive and acrimonious divorce. See what you think! azlegalDivorce Law Attorney in Mesa Arizona | Negotiation 101: ListeningWho gets the house? How will we divide up the 401k? Where will the children go to school? Who gets the electric mixer? Negotiation is a daily part of my life as a family law attorney. Whether an issue is big or small, I have found that listening is one of the easiest and often […] azlegalCriminal Defense Attorney Mesa, Arizona | To Marinol, or not to Marinol? That is the Question. | Brian StrongWith all the political hubbub and legal strife over medical marijuana, as one who tried to be an educated voter, I found myself asking: “Why don’t we just make a synthetic version of THC (the active natural substance in marijuana) and disburse it in pill form?” The simple answer to that question was, as I found out – we already have. Brian StrongCriminal Defense Lawyer Mesa AZ | What Can We Learn From Penn State and Failure To Report Laws? | Brian StrongUntil the recent media blitz regarding the Penn State – Joe Paterno – Jerry Sandusky child abuse scandal, very few people ever asked me about their duty to report the physical or sexual abuse of a child. If, however, you are now curious, then this article is for you. Brian StrongDivorce Attorney Mesa Arizona | I Just Need Some “Space”What happens if your spouse decides to file for divorce in the other state? Which state will have jurisdiction over the divorce and decision regarding the custody and parenting time your children? Will your children ever come back to Arizona? azlegalSo Sue Me – Maybe | Litigation Lawyer Mesa ArizonaThe other day, my family and I picked up some fast food on our way home from an outing. Despite knowing better, my wife and I failed to verify at the drive thru that the food we ordered was the same as the food placed in the bag. Several miles later, we opened the bag and realized we did not receive everything we paid for. We were entitled to the food we had purchased, but we decided not to return to the restaurant because it simply was not worth our time and effort (not to mention gasoline) to claim what was rightfully ours. azlegalDivorce and Child Custody Lawyer in Mesa Arizona | Arizona’s Medical Marijuana Act – How Do We Protect Employers and Our ChildrenThe Arizona Medical Marijuana Act (MMA) on its face prohibits employers from discriminating against registered medical marijuana users and card holders in making employment decisions. It prohibits employers from taking action in most cases against medical marijuana users. Because of the broad language in Arizona’s MMA, the Arizona Legislature on behalf of employers recently passed a new law that was signed by Governor Brewer, for employers who have employees who hide behind the MMA. The new law provides employers with several protections against claims of wrongful termination and discrimination when taking action against those employees using marijuana or other prohibited substances. azlegalArizona Divorce Attorney | Children The Victims Of DivorceChildren are often the biggest victims of a divorce. They bear no blame for their parents’ choices yet their lives are drastically changed forever. Just a few of the stresses a child will often bear in a divorce include not seeing mom and dad together anymore, a change in economic lifestyle, moving to new neighborhoods and having to divide time between different homes. azlegalDivorce Attorney Mesa AZ | For Poorer: Focusing on Relationships over MoneyA new study of over 1700 couples found a correlation between marital problems and the value spouses placed on “having money and lots of things.” According to the study, published by the Journal of Couple and Relationship Therapy, couples who believe that money is not important scored up to 15 percent higher on marriage stability and other measures of relationship quality than more materialistic couples. Interestingly, couples with more money were more likely to have conflict over finances. azlegalBusiness and Contract Attorney Mesa AZ | To Write is Better Than to WrongIt is an ancient saying that, according to the words that are written will the world be judged. This statement is at least true for many who take their matters before a court for a determination of their rights and interests. While courts also decide on matters not in writing, written words are generally far superior in a court of law than any oral or implied understandings between parties. azlegalLessons on How Not to Act Like Charlie Sheen (If you want to keep custody of your children) | Child Custody Lawyer in Mesa ArizonaLiving with two “Goddesses.” One is a porn star and the other, an adult exotic dancer. This may not communicate to the judge you have the best babysitters for your child Generally waiving any sort of knife or machete in public will make a judge question your parental fitness. Avoid using Facebook, blogs, twitter and […] azlegalPersonal Injury Lawyer Mesa AZ | Kevin Chapman | How Much Auto Insurance do I need!How much auto insurance coverage do you need? What type of coverage do you need? Arizona only requires small amounts. Call Kevin Chapman at (480) 833-1113 and he can you some advice! Kevin ChapmanWills Lawyer Mesa AZ | Will Kits – But Why Can’t I Just Use the Internet?You may occasionally wonder about using online “Will kits” or software to produce estate planning documents. These kits are popular because they’re cheap. However, you risk subjecting your survivors to unnecessary legal fees to fix what often turns out to be incomplete or ineffective problematic documents. Kenneth BarneyArizona Estate Planning Attorney | Kenneth Barney | The Top 10 Reasons You Need to Do Your Estate Planning!10. Remarriage Protection Make sure a new spouse doesn’t receive all your assets Discuss Prenuptial Agreement provision in estate plan Ensures that your family will receive your inheritance 9. Leave a Charitable Legacy Benefit the causes you support Show your posterity what you care about Give your family a chance to support your causes […] Kenneth BarneyAnother School Year Begins… by Kevin ChapmanArizona Rrevised Statutes § 28-797 makes it a violation to pass another vehicle in a school zone. Section 28-797(E) states that the maximum speed limit in a school zone is 15 mph. It is illegal to pass any vehicle in a school zone. Passing is defined as the front bumper of a vehicle passing the […] Kevin ChapmanArizona Business and Contract Lawyer | Great ExpectationsAccording to some news reports, LeBron James made a promise that he would win an NBA championship for the city of Cleveland. On July 8, the fulfillment of that promise evaporated when James announced his “decision” to play for the Miami Heat. Just like the fans in Cleveland, we all experience broken promises. But while sports fans cannot enforce an athlete’s promise to deliver a championship, the law does protect innocent parties to a broken contract. In many situations, such protection does not have to come through litigation. azlegalCriminal Defense Lawyer Mesa Arizona | Did You Know You Should Move Over?Over the past decade, almost every state in the Union has enacted a “Move Over” law. These laws seek to reduce injuries to police officers and emergency personnel who are issuing citations or providing medical care on the side of the road. If you do not appreciate the frequent danger these men and women encounter […] Brian StrongCriminal Defense Attorney Mesa AZ | Brian Strong | If He Kicks Fido, Are You Next?After three decades in the criminal justice system, I have developed my own time-honored truths about the human soul. One of these truths is: There is something deeply disturbing about people who abuse animals. These types are definitely not the kind of people you want your son or daughter to date. People who abuse animals are downright sinister. And, like an iceberg, what little we see above the surface is a good predictor of the pending dangers lurking hidden below the surface. Brian StrongArizona Estate Planning Lawyer | Kenneth Barney | Where Did The Estate Tax Go?Although the House passed new estate tax legislation in December of 2009, with legislation on its agenda more pressing than the estate tax, including the economy and health care, the Senate failed to make the estate tax legislation a priority and thus the estate tax expired on January 1, 2010. Kenneth BarneyMesa Arizona Divorce Attorney | Ten Lessons To Learn From The Tiger Woods Experience1. Be faithful to your spouse. 2. Be careful where you leave your golf clubs, especially after your wife discovers your infidelity. 3. Be honest with your spouse. She should be able to read your text/email messages without reservation. 4. If you are getting married and have a high net worth have your spouse sign […] azlegal