(1)   A hunting bill, sponsored by Senator Frank Antenori, will prevent cities, towns and counties from prohibiting hunting.  The bill does, however, allow them to restrict a person from discharging a firearm within a quarter of a mile of an occupied structure. Under this law, the state Game and Fish Department will have the authority to decide hunting rules and hunting boundaries.  In support of the bill, Senator Anetori said municipalities are continuing to prepare land for future growth which is “taking away a lot of hunting land.”

(2)   House Bill 2146, sponsored by David Burnell Smith, removes the requirement that gun instructors, authorized by either the Department of Public Safety or the National Rifle Association, submit a fee and fingerprints for background checks. Additionally, current law requires those seeking a permit to carry to apply with a certificate obtained within the past five (5) years.  However, the new law will allow those seeking a permit to carry a gun to apply with a certificate older than one obtained in the past five (5) years.  Although people twenty-one (21) and older have been able to carry a concealed weapon without a permit since July 29, 2010, some people still apply for permits, and this law reduces some of the requirements for permit-holders and instructors.  Representative Smith said it is still an advantage to carry a permit because there are thirty-two (32) other states in which the permit will provide privileges to those who have a one.

(3)   Jack Harper sponsored a bill to repeal an Arizona statute that prohibits persons from carrying a firearm in a wildlife refuge to align state law with federal law which allows legal owners of firearms to carry guns in wildlife refuges and national parks.

(4)   House Bill 2645 allows individuals stripped of firearm privileges due to a history of mental illness to appeal the decision.  Specifically, the Bill provides petitioners with the right to request an evidentiary hearing at which they can present character witnesses and records to show mental stability.

If you have been convicted of a gun-related crime, contact the Scottsdale criminal defense lawyers at Beauchamp Law Office P.C. for assistance with your criminal case.

A group exercise in October, 2009 resulted in the accidental death of three

Motivational Guru James A. Ray faces three counts of manslaughter.

(3) people.  Motivational guru James Arthur Ray led a group of people in a sweat lodge ceremony.  These ceremonies involve subjecting yourself to extreme heat with little or no water.  A man who tended the fire for the ceremony testified on November 9, 2010, that Ray and his staff pressured participants to remain in the lodge more so than in previous years.  However, while fielding questions from a defense attorney, the witness agreed that Ray and his associates were not abusive towards participants and did not force anyone to be in the sweat lodge. James Ray has pleaded not guilty to three (3) counts of manslaughter resulting from the incident.  His trial is scheduled to begin in February 2011.

 According to an administrative investigation in the County Prosecutors

Former County Prosecutor Andrew Thomas under investigation

Office Andrew Thomas was cautioned by other prosecutors on the credibility of several cases he was filing.  Thomas filed racketeering charges and other criminal charges against Judges and county officials.  Thomas assigned inexperienced lawyers to handle these cases, all of which were either dismissed or dropped. Much of the information recovered was during an investigation of Deputy County Attorney Lisa Aubuchon.  Aubuchon was removed from her position in September stemming from accusations of misconduct. Prosecutors have begun an investigation of Andrew Thomas, Lisa Aubuchon, Sheriff Joe Arpaio, and Chief Deputy David Hendershott.  All four have been accused of misconduct and abuse of power in their positions.

 When a borrower takes out a loan to purchase a property and is forced to sell that property for less than the principal loan amount that deficiency is referred to as phantom income.  For example, if a borrower secures a $150,000 loan to purchase a home and later that property is sold for $100,000 in a short sale or foreclosure auction, the borrower could have phantom income of $50,000.  That is assuming the lender “forgives” the borrower’s debt.  That $50,000 could count as “income” on the borrower’s tax return!

 The IRS maintains if a borrower is protected by Arizona’s anti-deficiency statutes the borrower is not personally liable for the loan debt.  Conversely, if the property is not protected by the anti-deficiency statutes the loan debt is recourse (i.e. the borrower is liable for the debt) and the borrower would have to pay taxes on the phantom income. If the property is the borrower’s primary residence, the borrower can be shielded from the COI (cancellation of indebtedness) as a result of a short sale or foreclosure up to the IRS limits ($2 million for married couples and $1 million for single filers or married couples filing separately.)

 The State housing agency announced last month that nearly one hundred and twenty five million dollars in federal funds would be used to aid homeowners facing foreclosure.  Those homeowners who pass the strict eligibility criteria could receive up to fifty thousand dollars to pay off their principal, only if their lender matches the amount. The program has been operating for only three weeks and almost three thousand applicants completed the online assessment to determine eligibility.  Six hundred applicants met the initial criteria, but 1only two hundred and twenty five of those completed the actual application.  Another one hundred homeowners were disqualified because either their yearly salary or property values were too high or too low. So far only four homeowners have been approved by the Arizona Housing Department and their applications forwarded to their mortgage companies.

A deposition may sound like a fancy word to those of us who do not have our law degree.  However, the term simply describes the way a law firm gathers information about a certain case.  These depositions, which are testimonies, can be used as evidence in court.  How do they work?

 Depositions can be taken in many forms; one of the most common is a recorded conversation and that will occur at a predetermined location.  It is important to remember that you have the right to have your attorney present with you for the questioning.  Also keep in mind that you and your attorney are entitled to notice of the date, time and place of the deposition, if you refuse to appear you may be subpoenaed by the court.  Remember that because you will swear under oath, if you are not truthful you may be tried for perjury.

 So remember, if you are summoned to a deposition speak with your attorney before that day.  Your attorney will prepare you for the deposition and explain in further detail how depositions work and how they are used in courts.

There actions go far beyond reckless driving from speeding down the wrong way of a highway to smashing into a parking lot full of cars. Although one would assume the law is equal their time in jail seems to be a mere slap on the wrist. Charles Barkley was sentenced to 10 days in jail but will only have to serve five upon completion of an alcohol education program. Lindsey Lohan is back behind the wheel following her second arrest just little over a year ago and lets not forget Nicole Riche who spent a little over twenty-four hours behind bars.

At Beauchamp Law Office P.C., we fight for everyone’s innocence making sure no one receives preferential treatment. Through hard work and preparation our team will be ready to handle all aspects of your case, from the confusing court process to making sure you understand your legal rights.

Beauchamp Law Office P.C., has seen incredible results all across Arizona when dealing with DUI cases, many have even been dismissed before they even reach a jury. A DUI case can be dismissed for a number of reasons but especially when your civil rights are violated.