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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:
- Arizona Revised Statutes § 13-1802 - Theft (which encompasses embezzlement)
- Arizona Revised Statutes § 12-1574 - Writ of Garnishment
- 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:
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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.
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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.
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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.
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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:
- Evidence of Son's Involvement: What information or evidence led to your son's inclusion in the Writ of Garnishment?
- Previous Legal Assistance: Have you consulted or retained any legal assistance prior to this inquiry?
- 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.
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