DUI Defendants Estimated To Drive Drunk A Shockingly High Number Of Times Before First Arrest

July 27, 2024

Driving under the influence is a preventable crime that can have devastating consequences. Arizona has the nation’s strictest DUI laws to help combat these effects. But even with these restrictions in place, it would be impossible for law enforcement officers to catch every single impaired driver every single time they get on the road. For most defendants who face prosecution for Driving Under the Influence, there were likely several instances of impaired driving before they were actually arrested and charged with a criminal offense. It is estimated that most DUI defendants have driven drunk at least 80 times before getting caught. This isn’t a hard and fast rule- there have been plenty of DUI defendants who are unlucky enough to cause an accident or be pulled over their first time driving while under the influence. Don’t assume that a first-time DUI offense in Arizona will be swept under the rug. Having skilled defense representation could be the factor that impacts your case’s final result. That’s why retaining an experienced criminal defense firm to fight Arizona DUI charges is the best investment you can make in yourself. Learn more about My AZ Lawyers and our successful law team by calling 480-263-1699 to schedule your free consultation. 

Gavel and scales of justice symbolizing legal defense for DUI defendants in Arizona.Penalties For First-Time DUI Offenders In Arizona

Arizona’s DUI laws are notorious for being strict on all DUI defendants, including first-time offenders. First of all, Arizona, like many other states, presumes drivers to be under the influence if their BAC is at .08 or higher at the time of the arrest. A driver can also be arrested for DUI- impaired to the slightest degree if their BAC is .05 or higher and the officer determines that they are under the influence. This makes it possible for some drivers to be too impaired to drive after just one or two alcoholic beverages. 

Another factor that makes Arizona’s DUI laws strict is that even first-time offenders must serve jail time after conviction. The minimum jail sentence is 10 days, but 9 of those days can be commuted with a strong defense. The minimum penalties also increase if the driver is convicted at the Extreme or Super Extreme DUI level. Extreme DUI is a BAC of 0.15 to 0.19, and Super Extreme DUI is a BAC of 0.20 or higher. A first-time DUI conviction will result in a fine of no less than $1,250, and the driver will need to attend drug and alcohol screening and education. The driver will also need to attend a driving course to reinstate their driving privileges, which will be suspended or revoked for a set period of time. One of those is installing an ignition interlock device, which tests a driver’s sobriety before they can start their vehicle. Factors like multiple DUI convictions and high BAC can contribute to a longer period of mandated IID use. 

Have you recently been arrested for driving under the influence in the state of Arizona? You may know people in other states who received a slap on the wrist after a DUI arrest, but things can proceed much differently here due to our state’s strict DUI laws. You should start working on your defense case as soon as possible after a DUI arrest to help mitigate the harsh consequences you may face. If you are seeking a skilled private defense attorney to fight the charges against you, contact our firm for your free consultation at 480-263-1699. 

What Happens If The Defendant Is Charged With Subsequent DUI Offenses?

Arizona’s criminal laws recognize that many times, driving under the influence is a habitual offense. Judges can consider prior criminal offenses of all types when deciding how to penalize a defendant convicted of a crime. But there are also specific guidelines for defendants who have been convicted of multiple impaired driving offenses. The jail sentence for a second DUI offense in Arizona shoots up to 30-90 days. For a third DUI, the minimum sentence is 4 months. Aggravated DUI sentencing may also apply. Other penalties like licensing restrictions, fines, and community service will be higher across the board for subsequent DUI offenses. Harsher penalties means you should fight your charges more vigorously than with previous convictions. Get started with your consultation with our firm today for free- call 480-263-1699. 

Aggravated DUI (Felony DUI)

The most serious penalties will come to drivers who are arrested for DUI three or more times within 84 months, or 7 years. This is one of the factors that takes a misdemeanor DUI offense to an aggravated felony DUI. A defendant can also be charged with felony DUI if they are arrested with a passenger younger than 15 years old, while driving on a suspended or restricted driver’s license, with an ignition interlock device installed or ordered to be installed, or while driving the wrong direction on a highway. The minimum prison sentence for an aggravated DUI in Arizona is 4 months, but it can be much higher based on the surrounding circumstances. Probation after release for this offense can range from 4 months to 2 years. The defendant will be ordered to pay at least $4,000 in fines and assessments if convicted of aggravated DUI in Arizona. Upon reinstatement of their driving privileges, the driver will be ordered to keep an ignition interlock device installed in their vehicle for at least 12 months. Aggravated DUI can be charged as a class 4 or class 6 felony. Either way, a felony conviction in Arizona can mean the loss of certain privileges and civil rights, as well as difficulty passing background checks and being approved on applications. 

Should I Refuse To Take a Breathalyzer Test?

It may seem like refusing to take a breathalyzer test would be a good strategy to avoid a high BAC reading if pulled over by a police officer while driving. However, refusing a breathalyzer doesn’t often help a driver avoid a DUI arrest, and comes with its own serious consequences. Arizona is an implied consent state, which means that everyone that operates a motor vehicle within state borders has agreed to give proof of sobriety in exchange for that privilege. A driver who refuses a breathalyzer test will automatically have their driver’s license suspended 14 days after the refusal. The suspension lasts 1 year for a first refusal and 2 years for a subsequent refusal. Looking for representation from the criminal and administrative proceedings resulting from a breathalyzer refusal and DUI arrest? Start your search for Arizona’s leading choice for skilled criminal defenders offering free consultations by phone. Call 480-263-1699 to get started today. 

Fight Arizona DUI Charges With Our Top-Notch Defense Attorneys

There are plenty of defense tactics you can use against Arizona DUI charges, with their effectiveness varying based on a defendant’s specific circumstances surrounding their arrest. An Arizona DUI conviction can change the direction of an upward trajectory and make stress and financial problems worse. We can help you resolve your charges in the most strategic way possible given your unique situation. Contact us for your free consultation by phone by calling 480-263-1699. 

Macy’s Set To Close 150 Locations- Does This Mean Bankruptcy?

May 8, 2024

I went inside the Macy’s at Scottsdale Fashion Square last week and it was like a ghost town in there. There were shoes and purses as far as the eye could see, but they were pricey brands that I don’t consider worth the splurge. The shopping experience just isn’t as fun as discount stores like T.J. Maxx and Marshall’s. Macy’s doesn’t even carry Tory Burch items, which is ludicrous for a luxury retailer in Scottsdale. I can’t be the only one who thinks that way, because there were far more employees than shoppers inside the store. It came as no surprise to me when I saw a headline today about Macy’s closing 150 of its stores. 

Macy’s explained its changing strategy in a public announcement on February 27, 2024. The store closures are expected to take place gradually through 2026. It will start by closing 50 locations before the end of the current fiscal year. When the closures are complete, Macy’s should have approximately 350 store locations. While Macy’s as a company plans to close many of its Macy’s stores, it will be expanding the brands it owns, Bloomingdale’s and Bluemercury. It expects to open 45 new locations of these two brands by 2026. This plan is projected to monetize somewhere between $600-$750 million in assets. Because of its significant assets, Macy’s won’t need to accomplish all of this through a bankruptcy filing like other companies might. However, only time will tell if increased focus on higher-end luxury goods will be a profitable choice. If you are considering filing for bankruptcy in Scottsdale or Phoenix, Arizona, you might not be sure where to turn. Our skilled bankruptcy team offers affordable payment plan options and free consultations over the phone. To get started with your free appointment with a Phoenix bankruptcy lawyer today, call 480-470-1504. 

Phoenix bankruptcy lawyer reviews documents at a desk with a gavel and scale of justice, representing legal expertise. Logo for Legal Help AZ included."

Macy’s Game Plan Versus Bankruptcy

Macy’s has reframed this new business strategy as prioritizing the customer, but legally, Macy’s has an obligation to prioritize its shareholders. Macy’s itself has admitted that it is lacking in relevance and value, however it also recognizes itself as a leader in the luxury market. With the luxury goods industry increasing despite inflation making essentials unaffordable for many families, failure to take advantage of this status could result in loss. It considers Bloomingdale’s and Bluemercury to be higher-end brands than Macy’s. It also plans to update its technology to make shopping easier and more convenient for customers. 

For a company without the brand power like Macy’s, significant troubles like these could indicate a future bankruptcy filing. Businesses can either file for chapter 7 or chapter 11 bankruptcy. Chapter 7 is used to liquidate debts, but a business that files under this chapter must shut down for good. A business that declares chapter 11 bankruptcy can shut down or try to reformulate and become profitable. The strategies that Macy’s plans to employ aren’t dissimilar from tactics used by other major companies to file for bankruptcy. Closing unprofitable locations to focus on more productive locations is an extremely common chapter 11 bankruptcy technique. Many companies see their needs met best by moving away from brick-and-mortar and focusing on e-commerce. Others may simply need financing to bridge the gap during financial struggles. If you’re considering a personal bankruptcy filing in Maricopa County, call 480-470-1504 to set up your free consultation with an experienced member of our bankruptcy team. 

Other Fashion Retailers That Have Declared Bankruptcy

Macy’s has managed to avoid a bankruptcy filing for now, but if the department store ever does end up in bankruptcy court, it wouldn’t be the first fashion retailer to do so. Some of the biggest names in fashion to declare bankruptcy include:

  • Neiman Marcus: As a department store specializing in luxury products, Neiman Marcus was one of Macy’s biggest competitors. However, it was one of many businesses to fall victim to the financial ramifications of the COVID-19 pandemic. When Neiman Marcus filed for bankruptcy in 2020, it cleared more than $4 billion in debt. This eliminated $200 million per year in interest fees for the company. 
  • Brooks Brothers: This men’s suit retailer was founded in 1818, making it a leader in the industry based on age alone. But people don’t buy suits when quarantine measures cause men that work in suits to work remote and when large events like weddings are canceled for months on end. The pandemic wiped out 51 of more than 250 Brooks Brothers locations. It also closed three of its factors in the United States. Unfortunately, this bankruptcy filing also means that several people lost their jobs. 
  • Forever 21: This shopping mall staple’s bankruptcy filing came well before the pandemic in September 2019. It opened too many stores too quickly, and found itself struggling with debt when some of those locations turned less profits than others. It had more than 800 locations at the time its chapter 11 bankruptcy petition was filed, with some of those locations being larger than 100,000 square feet. The retailer shifted its focus to quality and design, with a larger emphasis placed on online sales rather than brick-and-mortar sales. 
  • JC Penney: While JC Penney’s financial struggles began long before the pandemic, COVID-19 was the final impetus that pushed the department store to file for chapter 11 bankruptcy. Its filing came in May 2020 after 118 years in business. JC Penney is another competitor of Macy’s, but this retailer is focused more on affordability than luxury products. 
  • Lucky Brand: Known for its bohemian flare on modern trends, Lucky Brand was another victim of the COVID-19 pandemic. Its bankruptcy plan included closing 13 of its 200 store locations. When it filed chapter 11 bankruptcy, the brand also announced its intentions to be acquired by SPARC Group, which also owns Aeropostale and Nautica. 
  • True Religion: While perhaps past its heyday, this denim company may see a resurgence in popularity as 90’s and 00’s trends come back into style. It has that option because its pandemic bankruptcy filing was under chapter 11 rather than chapter 7. This was the jeans retailer’s second bankruptcy filing in a 3-year period, as it had previously filed chapter 11 bankruptcy in 2017. 

 Bankruptcy Isn’t Just for Major Corporations- Learn More About Your Debt Relief Options As An Individual Consumer

It seems that for now, Macy’s will address its financial issues without turning to bankruptcy. When a company files for chapter 11 bankruptcy, it may sound like an infeasible option as an average person- which is probably true. Most people can have their debt relief needs met by either chapter 7 or chapter 13 bankruptcy. However, chapter 11 bankruptcy has provisions available for small business owners that speed up the process and reduce the cost. A skilled bankruptcy attorney can walk you through your options so that you can feel confident and informed about your decision. We pride ourselves on delivering positive results to our clients, no matter their financial situations. Most of our clients qualify to file with our firm, LegalHelp-AZ.com for Zero Dollars Down. To see if you qualify, and which chapter of bankruptcy is best for you, schedule your free consultation with our firm by calling 480-470-1504 and contact us!

LegalHelp-AZ.com
Email: info@myazlawyers.com
Website: www.legalhelp-az.com

Mesa Location
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202
Office: 480-448-9800

Phoenix Location
343 West Roosevelt, Suite #100
Phoenix, AZ 85003
Office: 602-609-7000

Glendale Location
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: 602-509-0955

Tucson Location
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: 520-441-1450

Avondale Location
12725 W. Indian School Rd., Ste E, #101
Avondale, AZ 85392
Office: 623-469-6603

Larceny Lawyers in Peoria, Arizona

March 25, 2024

One of the most common criminal offenses in the state of Arizona is larceny, which is one of several terms used for “theft.” Most people work hard to get what they have, so having it stolen from them can be devastating. That’s why larceny is considered a serious offense in Peoria, Arizona. A defendant convicted of larceny will face damaging penalties if they are unable to craft a strong defense strategy. Private defense tends to be the preferable option for defendants facing jail time, fines, and more. If you’re seeking a high-quality defense team in the Peoria area, we strive to be your top choice. Call 480-470-1504 to schedule your free consultation with one of our experienced lawyers today. 

Larceny Lawyers in Peoria, Arizona

Different Theft Terms

There is a litany of terms that can be used to describe theft. There are slight distinctions between the terms, so it’s important to understand them if you’re facing larceny allegations in Peoria. 

  • Larceny: Larceny is defined in Arizona by A.R.S. § 26-1121. It occurs when one person wrongfully takes, obtains, or withholds another person’s property with the intent of permanently depriving them of it. 
  • Misappropriation: Also defined by A.R.S. § 26-1121, the distinction between misappropriation and larceny is that the defendant only wished to temporarily deprive the owner of their property rather than permanently deprive them of it. 
  • Robbery: Robbery is defined in Arizona by A.R.S. § 13-1902. A person commits robbery if they take property from another person in their immediate presence, against their will, and by use of force or threat of force. It is classified as a class 4 felony in the state of Arizona. This offense is considered severe because the victim is not only deprived of their property but will most likely experience fear, stress, and trauma due to the perpetrator’s actions. 
  • Burglary: Arizona’s burglary laws lay out three different degrees of burglary. Third-degree burglary is defined by A.R.S. § 13-1506. Third-degree burglary occurs when a person unlawfully enters or remains in a nonresidential structure or in a fenced commercial or residential yard with the intent to commit a felony. It also occurs if a person breaks into a vehicle with the intent to steal it. Third-degree burglary is a class 4 felony in Arizona. Second-degree burglary, defined by A.R.S. § 13-1507, occurs if a person unlawfully enters or remains in a residential structure with the intent to commit theft or any other felony. This is a class 3 felony in Arizona- note that felony offenses decrease in number of the severity of the crime. First-degree burglary is defined by A.R.S. § 13-1508. A person commits first-degree burglary if they violate either of the previous burglary statutes while knowingly possessing explosives, a deadly weapon, or a dangerous instrument. It is a class 3 felony in a nonresidential structure or a fenced commercial or residential yard, and a class 2 felony in a residential structure. Burglary is penalized strictly because the victim will likely feel traumatized and unsafe in their own home after such an event. 
  • Fraudulent schemes and artifices: A.R.S. § 13-2310 is Arizona’s statute for fraudulent schemes and artifices. This is wrongfully obtaining property through false or fraudulent pretenses, representations, promises, or material omissions. It is a class 2 felony in Arizona. 

Incarceration Guidelines for Larceny 

Larceny can be charged at a variety of offense levels, from a class 1 misdemeanor for property or services worth less than $1,000, to a class 2 felony for property or services worth more than $25,000. The amount of time the defendant may spend behind bars will be affected by the level of crime with which they are charged. 

The sentencing guidelines for first-time felony offenders in Arizona can be found in A.R.S. § 13-702. The guidelines include penalties for class 2 through 6 felonies. Each guideline includes a minimum and maximum sentence with a presumptive sentence that is somewhere between those two numbers. There are also aggravated sentences for defendants who are found more culpable due to special factors. Defendants who are affected by special factors that make them less culpable may qualify for mitigated sentences. 

A defendant convicted of a class 6 felony in Arizona can be sentenced to 6 months to 1.5 years in prison, with the presumptive sentence being 1 year. A class 5 felony is punishable by 9 months to 2 years in prison with a presumptive sentence of 1.5 years. A class 4 felony is punishable by 1.5 to 3 years in prison with a presumptive sentence of 2.5 years. A class 3 felony is punishable by 2.5 to 7 years in prison with a presumptive sentence of 3.5 years. A class 2 felony is punishable by 4 to 10 years in prison with a presumptive sentence of 5 years. If the defendant is convicted at the misdemeanor level instead, their sentence will be up to 6 months. 

Defenses to Larceny Charges

The defenses that will apply to your situation depend on the specific facts surrounding your case. You should discuss your case with an experienced criminal defender to determine which will be the most effective. For your free consultation with one of our experienced criminal defense attorneys, call 480-470-1504. 

True Owner of Property

A defendant can be charged with theft for an item that is their property. Additionally, the defendant could have believed that the property was their own. For example, if the defendant went to a party and accidentally left with someone else’s similar coat, the defendant wouldn’t have the requisite intent for a criminal conviction. The defendant will still need to create a clear and convincing defense to ensure that the charges are dropped or that they are found not guilty at trial.

Entrapment

Sometimes the police go too far in the pursuit of criminals. When the police employ unlawful measures to convince a defendant to commit a crime, this is known as entrapment. It can be difficult to mount an entrapment defense as the criminal justice is geared to work in law enforcement’s favor. You should hire a skilled criminal defender if you believe you have been accused of a crime through entrapment. 

Lack of Intent

You may have seen the trope in movies of the bitter teenager who slips an item from a store into their enemy’s bag so they will be arrested. The defendant can even argue that they lacked intent for larceny if they were intoxicated at the time of the offense. Intent is a key part of many theft crimes in Arizona and the prosecution must prove that it was present to convict you of a crime. 

Constitutional Violations

The police still need to abide by the constitution even if there is cause to believe that you have committed a crime. Without an exception to the rule for warrants, the police must have reasonable suspicion to investigate you for a crime and probable cause to arrest you for a crime. The police must also read Miranda rights to a defendant arrested for a crime. If you believe your constitutional rights have been violated in a larceny investigation or prosecution, contact a criminal defense attorney as soon as possible. 

Experienced Criminal Defenders Serving the Peoria Area

At the Affordable Arizona Law Firm of LegalHelp-AZ.com, we know just how crucial it is to apply strong defense techniques when accused of larceny in Peoria, Arizona. The consequences of a criminal conviction will set a defendant back in life and make it difficult to recover. You deserve a strategic defense that is carefully created based on your specific needs. To get started with your free consultation with our Peoria criminal defense firm, contact us through our online form or call 480-470-1504.

LegalHelp-AZ.com
Email: info@myazlawyers.com
Website: www.legalhelp-az.com

Mesa Location
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202
Office: 480-448-9800

Phoenix Location
343 West Roosevelt, Suite #100
Phoenix, AZ 85003
Office: 602-609-7000

Glendale Location
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: 602-509-0955

Tucson Location
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: 520-441-1450

Avondale Location
12725 W. Indian School Rd., Ste E, #101
Avondale, AZ 85392
Office: 623-469-6603

False Positive DUI Breath Tests

April 10, 2013

Causes of a False Positive DUI Breath Tests

Breathalyzers Aren’t Always Accurate

Is it possible that a DUI breathalyzer that shows positive could be false? Is it possible that you were not driving under the influence, but a breathalyzer test says you were?

The breathalyzer machine estimates the blood alcohol content (BAC) from a breath sample. It is used to measure the likelihood of impairment due to consuming alcohol.  It isn’t always accurate.

Because this test is not 100% accurate, false positives and the range of error can be a problem for Arizona drivers who may have been drinking earlier, but no longer have a high BAC.  This could lead to a DUI arrest and stiff DUI punishments.

I’m guessing that the majority of us have been given advice by our friends how to “fool” a breathalyzer if we should ever be pulled over by the police after having a few cocktails or beers.  Most people think that anyone who fails a roadside breathalyzer test must be drunk, because these machines don’t lie: they just report the facts. Well, the fact is, there are variables that can affect the outcome of one of these tests, resulting in a false positive outcome.  Don’t become a liability of a false positive test.  Make sure that you defend yourself against inaccurate breathalyzer equipment.  An experienced DUI and criminal law attorney can be a great asset to you as you are attempting to avoid DUI, DWI, or reckless driving charges because of a failed breathalyzer test.

Some of the tings that you can do to assure a more accurate breathalyzer response; First, if a breathalyzer is improperly maintained or calibrated, it may not be accurate. Records must be available and meet requirements for each machine.
Other variables that could affect the test include poor administration of the breathalyzer test, the existence of fumes/exhaust from passing cars, smoking, or even the breathing techniques used when a test is administered.
Other causes of a false positive test may be due to an individual’s health condition. Diabetics with a low blood sugar may have a false positive test. In this case, when the body is in a state of ketosis and will produce acetone, which is released by the lungs. A breathalyzer could confuse this and identify this as alcohol.

Heard of the Atkins Diet? Starving a body of carbs so that it goes into a state of ketosis in order to start burning fat? Same type of thing happens and could lead to a false positive.  Other health related causes include: persons on a high protein diets, low carb diets both types of diets, if extreme, could  produce a false positive test similar to a diabetic.   In some rare cases, smoking could have an impact on the results of the test. As smoke is inhaled into the lungs, it may cause the liver to produce certain chemicals, identified by the test as alcohol, that is exhaled by the lungs.
Lyme disease and yeast infections are also medical conditions that may have reason to create the false positive.
In other cases, breath sprays like Listerine, cough syrup, cold medicine, mouth washes, and even lip balm are products that contain alcohol, therefore, could cause a false positive breathalyzer test.

As you have read, there are several factors that can lead to inaccurate results in a breath test.  If you find yourself in trouble with the law for driving under the influence or another traffic offense that is being supported by a breathalyzer’s finding.  Contact a knowledgeable DUI and criminal defense lawyer to assist you with your case.  You probably have a great defense.

At what point do I include a DUI lawyer?

February 8, 2013

– Tucson, AZ

Avvo Question: Last night I was arrested in my own driveway and charged with a DUI (no BAC reading yet due to the fact that the machine was not reading and they drew blood). I can’t really guess as to what my bac was but I was definitely not in the extreme arena (I had 3 beers, and was extremely cooperative and coherent with the officers) I was unaware that my license was recently suspended until I attended a TSS class for a previous moving violation. My car was impounded and I was told I would be unable to reclaim for 30 days. My question A) Do I even have a fighting chance of reclaiming my vehicle and getting through this situation without a lawyer? B) I’m on very limited income as a single mother, are there options for payment plans with DUI lawyers? will my case be treated with less regard if so?Avvo Answer:   Any time you are charged with a DUI or DWI in Arizona I would highly recommend hiring an attorney.  Most attorneys offer free consultations, and some even do it over the phone. (My office offers FREE phone Consultations).  My office offers FREE DUI and Criminal Defense Consultations. (Either in office or via the telephone).   The consults are completely confidential and are no obligation consults.  (Meaning, just because you have a consult with me, you are in no way obligated to hire me.)  Regarding payment plans, most lawyers,  like myself, offer payment plans. While I can only speak for law firm, clients who are on payment plans are treated the same as clients who are not on payment plans.  Honestly, in today’s economy, most people hiring attorneys need a payment plan.  With some of the the most affordable legal rates in Tucson and throughout Arizona, please give us a call and set up your FREE Consultation.  Get your questions answered.

I hope that you found this information helpful and that you question was answered.

Answered By:

My AZ Lawyers
1731 W. Baseline Road, Suite 100
Mesa, AZ 85202
Office: (480) 263-1699

Re-Published from AVVO Legal Questions and Answers.

 

 

Arizona to Lose More Blockbusters this Year

January 23, 2013

Struggling Retailer Closes Over Half of Phoenix Area Stores

According to The Arizona Republic.  Movie rental giant Blockbuster is closing approximately 25 of its retail stores in the Phoenix metro area.  The Arizona stores being closed are among about 200 locations nationwide that Blockbuster is shuttering in this latest round of store closures. About 60 were shut down soon after Blockbuster filed for Chapter 11 Bankruptcy protection in 2012.

In a Chapter 11 bankruptcy proceeding, a business can use the power of the court to void real-estate leases and close stores.  Chapter 11 bankruptcy is used mainly for businesses who are seeking to re-organize debt and carry on with business.  One of the main differences between a chapter 11 bankruptcy and a chapter 7 bankruptcy when it comes to business is that in a chapter 11 the business remains open and conducts business and in a chapter 7 bankruptcy, the business is closed and the assets are liquidated. 

This latest round of store closings will leave Blockbuster with about 3,200 U.S. stores. Worldwide, the company has about 5,000 stores and 20,000 employees.  Blockbuster will still have approximately 25 stores and 300 employees in the greater Phoenix metro area after the current closures.

The latest store closings by Blockbuster will put about 250 people out of work in metro Phoenix and add to the growing glut of vacant retail space.  The current financial state of many people in Phoenix and throughout Arizona will not be helped by the jobs lost as Blockbuster closes nearly half of its current locations.  This definitely will not boost the already strained economy of Arizona.

The store closings aren’t exactly a surprise.  Blockbuster had been slowly closing unprofitable stores over the past few years but ramped up the process after filing for Chapter 11 bankruptcy protection in September. In a bankruptcy proceeding, a business can use the power of the court to void real-estate leases and close stores.

On Thursday, the company’s creditors agreed to allow the sale of the company to a group of creditors for $290 million in a move that could set up an open-bidding process for the company.  There had been speculation that the proposed sale would be blocked by the creditors, leading to the liquidation of the company in a Chapter 7 bankruptcy.  If the creditors had forced Blockbuster into a chapter 7 bankruptcy, all of the remaining stores would have been closed and all of the company’s assets would have been liquidated to pay the creditors. Bookstore giant Borders was forced into a similar situation.  Read more…

A number of creditors, including several major movie studios, see liquidation as the best way to recover the money they are owed. They argue that to allow Blockbuster to continue to operate would only lead to more losses.

The struggling retailer has had a miserable last 3 months as it has lost an estimated $65 million from November 2012 to January 2013.  The Dallas based movie rental giant has been slow to conform to many of the new advances in technology which are changing the future of the video-rental business. Consumers are downloading and streaming videos directly to their computers from a formidable group of Blockbuster competitors, including:  Amazon.com, Apple Inc., Google Inc. and Facebook Inc.

 

 

Man Gets DUI on AA Founder’s Lawn

January 2, 2013

Ironic Place for Man to Get Arrested for DUI

Vermont police have cited a Massachusetts man for DUI after he allegedly drove onto the front lawn of the birthplace of the co-founder of Alcoholic Anonymous in Vermont on Christmas Eve. Donald Blood III, 55, of Marlboro, Mass., apparently thought that the front yard of The Wilson House was a parking lot, the Rutland Herald reported.

It is probably not uncommon for an increase in DUIs or drinking in general during the holidays, as there are holiday parties, festive celebrations, ringing in the new year, and let’s not mention the fact that we spend hours or days on end with family and in-laws (enough said). Also, some may experience depression and/or stress during the Christmas season due to financial issues, the anniversary of a death, or even health issues that may be reason to indulge in alcohol and excessive drinking.

Whatever the reason caused Mr. Blood III to be out drinking and driving, he, at least, wound up in a “safe haven” when he was drinking and driving as he ended up in the front lawn of the co-founder of Alcoholics Anonymous on Christmas Eve. As reported by the press, Blood thought the front lawn was a partaking lot. The house serves as a meeting place for treatment groups, and Blood was a guest there. The “place of sanctuary” was built in 1952 and was the birthplace of AA co-founder Bill Wilson. The Wilson house is still used for AA meetings. Unfortunately for Blood, his meeting on the front lawn was accompanied by police.

Not often that you hear of such an ironic turn of events as a drunk driver getting busted in the front yard of an AA founder.

In Arizona, as well as many states across the country, the holiday season brings the joyous celebration of Christmas as well as a higher prevalence of drinking and driving. It’s no secret that drinking and partying increase during the Holiday season and Arizona police and Highway Patrol will be ready for the increase in drinking and driving. If you want to keep your holidays merry and you and your family safe, get a designated driver or drink in moderation when you are out celebrating the holidays.

If you are arrested for DUI or DWI in Arizona this Holiday season, it is not something to try and defend by yourself. Seek the help of an experienced DUI Lawyer. An experienced criminal attorney in Arizona may be of great assistance to you when it comes to fighting a DUI arrest or when achieving the best results when it comes time to pay your fines or serve your time. Make sure that you are adequately represented when facing criminal charges or a DUI arrest in Arizona.

Filing A Petition To Modify Child Support With The Maricopa County Superior Court

December 18, 2012

Q: In Arizona Superior Family Court, if I filed a petition to modify my child support because my income changed drastically in June of 2012 and my hearing is finally set Dec 2012 what are my chances my income deduction order will be back dated to June 2012 income to reflect that amount for child support calculations and payments? I have continued to pay child support but not the full amount that was on original court ordered because I can’t make that amount due to my income I have also continue to pay for medical insurance for my child which I am not court order to do so but have kept coverage for her this entire time no gaps in coverage. I have also applied to withdraw a loan from my retirement plan so that I can show the judge that even though I am not making the same income I still continue to pay child support and want to have security to let the judge know that I can pay difference from my loan.

A: Chances are really good that that your income deduction will be back-dated to reflect your change in income. The change however will probably take place the 1st day of the month following the date that the other party was served with notice of your request to modify child support. So, if your wages change drastically in June and you made the request in June, then the child support modification will probably go back and take effect as of the 1st of July.

I would hold off on your request to take money out of your retirement until you see how the judge rules on your modification request. Your retirement should be used when you are in a more dire financial situation and may not be necessary if your modification is granted. Take a wait and see approach with that step.

As far as you paying the insurance for the child, make sure to report it on your child support worksheet and make sure that the judge takes it into consideration when making a determination on your child support modification request. It is good that you are being pro-active and that you are keeping good documentation of everything that you are doing regarding your child support.

Re-Published from: AVVO Legal Questions and Answers

Drought in the Midwest Leading to Consumer Bankruptcy

August 14, 2012

Drought in the Midwest Leading to Consumer Bankruptcy

Midwest Drought to Affect Arizona

The heat is oppressive.  We may not know the full impact of the drought until later this fall, but already the lack of rain in the Midwest is going to impact consumers nationwide.  The drought and heat has already done considerable  and permanent damage to the crops.  The dry, hot weather is devastating to the livelihoods of farmers across the Midwest, but this is a situation in which the entire country is watching, because the weather isn’t just impacting farmers.  Shoppers will see the effects of the hurt corn and soybean crops;  supermarket prices will be higher from everything from milk to meat.  

If you think that you will not be affected by this drought, think again. Every state in the union, Arizona included, will feel the effects of the lack of rainfall and subsequent poor crop yields in the Midwest.  Prices are going to rise, however, your wages will probably remain the same. 

It is certain that we will see more foreclosures in the farming communities, as farmers and ranchers can’t pay their bills.  Some farmers borrow and mortgage for their equipment and seeds, and when the crops don’t provide, it’s trouble.  Still think the drought is just the farmers’ problem?  Ever hear of the Dust Bowl and the dirty 1930’s?  Ok, maybe that is extreme, but surely you remember the drought of 1988?  Any drought leads to changes, and it does affect the economy.  Food prices, fuel prices, rising grain prices, inflation, even water usage for lawns, and recreation are limited.  Yes, things that happen states away can affect you in Arizona.

For the farmers, the stress and pressure escalates as they wait for suitable weather that will improve the situation.  The worries grow, especially for the farmers without insurance.  The crops suffer, their income suffers.   The farmers started planting season with such success, and they had high expectations for the crops.  Now instead of preparing for a bountiful harvest, some may have to deal with the financial implications of no crop, and may even consider filing consumer bankruptcy with a Mesa bankruptcy law firm.

Agriculture is important to our country, to our state, to our county, and to our city, no matter how urban an area you live, droughts in rural America will  affect our economy.  You know, many of us are budgeting our money these days, and this is just another thing that we are going to have to deal with that is going to affect everyone financially.  Consumer bankruptcies will rise because of the higher prices from the drought in the Midwest.

As they say, every cloud has a silver lining ( I know, there ARE no rain clouds! but if there were)…. at least  there are fewer mosquitoes….  Pray for rain for the Midwest and to help the economy of Arizona.

 

Mesa Bankruptcy Lawyers
4065 E University Dr #500
Mesa, AZ 85205
(480) 470-0005

Tom Cruise and Katie Holmes to Divorce

July 5, 2012

Divorce is Tough, no matter who you are.  Divorce can happen to anyone and does happen even to the best couples.

Well, I don’t think it would be right to write a blog about divorce without giving some thoughts on the biggest entertainment news story ever. (Pardon the sarcasm) Maybe because, um, you breathe, you’ve heard about it.  Much is being made of the upcoming divorce between Tom Crusie and Katie Holmes.  The couple is parting ways after 5 years of marriage.  The couple, who married in November 2006 in a lavish Italian ceremony, are parents to daughter Suri, 6.

Good news, ladies! Tom Cruise is back on the market! Oh, sorry, I suppose it is pretty brutal and shameless, and heartless to feel giddiness at the expense of other’s misfortunes.  (Ladies:  Tom Cruise is going to be single again!)  So all of the Tom Cruise Fans that have been secretly (or publicly) envying Mrs. Tom Cruise for the past five years are following the drama of the surprising divorce as it publicly plays out.

So, what does Cruise stand to lose?  Even though he did do most of his stunts in the MI movies, and even though he can apparently sing as well as any ‘80s hairband lead singer, the seemingly unstoppable, super powerful, man, is just that.  A man with a career, a family, a child, and now a man facing a divorce.  It’s unfortunate, but even with all the aforementioned qualities that make Cruise a Hollywood god, I’m guessing that a divorce hurts just as much as it does my co-worker who hasn’t a claim to fame.  What do I know?  Maybe (evidently?) divorces in Hollywood aren’t really that big of a deal.  Are we supposed to be thrilled or shocked that Holmes and Cruise lasted 5 years?  I’m sorry, I don’t care who you are, divorce sucks.  Although many women dream about being Tom Cruise’s next wife, ( Think about it, desperate and sloppy fourths, really?)  You can’t be delusional enough to know that both Cruise and Holmes, no matter what their stardom, no matter what the publicity —  will have some hard decisions to make, and some unhappy times resulting from the split.

This divorce is just a divorce not unlike what thousands of people endure every year.  For crying out loud, Entertainment Tonight had an hour long “special” on this news-breaking tragedy.  Seriously, after 15 minutes into watching the special, I had to ask someone if Tom Cruise just got divorced? Or did he die?  Because they were tributing his entire life as if his life was over.  This split may be a personal matter for both Cruise and Holmes but it definitely will be played out in the public eye.

I still stand by my statement that no matter what your status in life, whether your divorce makes it on to TMZ or not, it’s still a difficult, uncomfortable, and scary thing to have to go through.   Divorce happens to every type of person in every walk of life.  If you are considering filing for divorce or are in the middle of a messy divorce, please realize, YOU ARE NOT ALONE!

Cruise, who currently stars in “Rock of Ages,” recently spoke about Holmes in Playboy saying: “She is an extraordinary person, and if you spent five minutes with her, you’d see it. Everything she does, she does with this beautiful creativity. She’s funny and charming, and when she walks into the room, I just feel better. I’m a romantic. I like doing things like creating romantic dinners, and she enjoys that.”  If you believe what he says, this divorce will be Tom’s  next difficult project to tackle.

According to the press, Katie Holmes will walk away with the cash she brought in to the marriage, per a pre-nup.  According to TMZ, Holmes is asking for legal custody of  Suri,  primary residential custody, and a “suitable amount of child support” from Cruise.

Maybe Katie didn’t tie the knot for the money.

So if you are going through a divorce, does it help to know that even the seemingly greatest couple doesn’t  “have it all,” after all?  Divorce touches on the same tough issues no matter who is having to go through it.   If you are facing a possible divorce or separation, seek assistance of an experienced family law attorney and make sure to do it right the 1st time.

 

← Previous Entries