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Lawsuit proceeding Criminal Charges - Embezzlement and Writ of Garnishment Issues Involving Third Parties in Tucson

This legal question related to Criminal defense attorney in TucsonArizona has been answered.

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Location: Tucson  |  Law type: Criminal defense attorney
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I'm about to be charged with embezzelment. In the meantime, I've been served with a Writ of Garnishment  for the amount in question, but they've included my son in the Law suit. He has nothing to do with this. Is there a way to straighten this out before he has to appear?

Commonly posted questions...

How can this be resolved?
1 week 4 days ago, Criminal defense attorney, Indiana

Legal Solution

The response provided below is specific to Criminal defense attorney in the jurisdiction of Tucson. If the response is inadequate, please submit a detailed inquiry.

Embezzlement and Writ of Garnishment Issues Involving Third Parties in Tucson

Analyzing the provided information, the core issue pertains to a forthcoming embezzlement charge and a Writ of Garnishment that, notably, involves your son - a third party seemingly unrelated to the matter.

Relevant Tucson Laws and Statutes:

  1. Arizona Revised Statutes § 13-1802 - Theft (which encompasses embezzlement)
  2. Arizona Revised Statutes § 12-1574 - Writ of Garnishment
  3. Arizona Revised Statutes § 12-1598.11 - Exemptions and Limitations

Arizona State Legislature Website

Possible Courses of Action:

There are several courses of action you may consider:

  1. Retain a Criminal Defense Attorney: It's imperative to hire a criminal defense lawyer to represent you in the embezzlement case. They'll guide you through the legal process, understand your side of the story, and defend your rights.

  2. Challenge the Garnishment: Consult with your attorney to challenge the Writ of Garnishment. It is possible to contest its validity or the specific amount in question.

  3. Protecting Third Parties: If your son is unjustifiably included in the lawsuit, your attorney can file a motion to dismiss him from the case, presenting evidence proving his non-involvement.

  4. Negotiate with the Plaintiff: With your attorney's assistance, you might consider negotiating with the party who filed the Writ of Garnishment. An amicable settlement might be feasible to resolve the matter more swiftly and possibly protect third parties, like your son.

Cost Analysis for Legal Services in Tucson:

Legal Service Average Price
Initial Consultation $180 - $290
Retaining a Criminal Defense Lawyer $1,800 - $5,000 depending on case complexity
Challenging a Writ of Garnishment $600 - $1,200
Motion to Dismiss Third Party $450 - $900

Note: Prices vary based on the attorney's experience, the complexity of the case, and other pertinent factors. Some lawyers may offer payment plans or alternative fee structures.

Clarification and Call to Action:

Before delving into further advice, it would be helpful to have more context. Specifically, were there any circumstances or evidence that led to your son's involvement? To best address your situation, it's vital to find the right lawyer for personalized advice and next steps.

Key Questions:

  1. Evidence of Son's Involvement: What information or evidence led to your son's inclusion in the Writ of Garnishment?
  2. Previous Legal Assistance: Have you consulted or retained any legal assistance prior to this inquiry?
  3. Details about the Embezzlement: Can you provide specifics about the alleged embezzlement, such as the sum involved and the duration over which it occurred?

Frequently Asked Questions:

How can I find a good criminal defense attorney in Tucson?

Most individuals compare lawyers in their area based on reviews, experience, and expertise. Personal recommendations and online platforms can be instrumental in your search.

What if I can't afford a lawyer?

Arizona offers public defenders for individuals who cannot afford private representation. Furthermore, some attorneys provide pro bono services or work on a sliding fee scale.

How long do embezzlement cases typically last?

The duration of an embezzlement case can vary based on its complexity, the evidence presented, and court schedules. Some cases may conclude within months, while others might extend over a year or more.

Can a Writ of Garnishment affect my credit score?

Yes, a Writ of Garnishment can negatively impact your credit score, as it signifies that a creditor took legal action to collect a debt.

What happens after a Writ of Garnishment is issued?

Once issued, the garnishee (often your employer or bank) is instructed to withhold a certain amount to settle the debt. This continues until the debt, along with any interest and court fees, is fully paid.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "Lawsuit proceeding Criminal Charges - Embezzlement and Writ of Garnishment Issues Involving Third Parties in Tucson" has been changed 9 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Tucson & area of law: Criminal defense attorney.
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A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

If you're facing criminal charges (You were detained and imprisoned by the police), You have the right to remain silent. You should remember, that anything you say can and will be used against you in a court. You have - just like anyone else -  the right to an attorney. If you cannot afford an criminal defense attorney, you may qualify for a court-appointed lawyer. 

  • How to Become a Criminal Defense Lawyer? - wikihow.com
  • Tips on how to find the right lawyer to handle your criminal case - nolo.com
  • Various ways that private criminal lawyers charge for their work - nolo.com

How to find and compare top criminal defense law firms that provide legal aid for DUI and other criminal cases? Search Super Lawyers directory, compare criminal attorneys on Justia or browse detailed Avvo reports on Criminal Defense Attorneys across United States.

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