Individuals facing domestic violence charges in Arizona should never make any type of attempt to contact the alleged victim. It is common for a person to question the accusation against them when they are suddenly faced with criminal domestic violence charges. However, contacting the alleged victim is not the way to resolve these types of concerns. Trying to “clear things up” with the victim will almost always make the situation worse. A person could even face additional and potentially more severe charges if they try to seek out the victim. The best way for a person to deal with a
Archive for November, 2011
Arizona power of attorney theft law is vague. A power of attorney can allow an individual to act on behalf of an incapacitated or vulnerable adult, including property management and financial compensation for the holder. If a prosecutor feels that money has been mismanaged, potential charges can be filed under the theory that the person holding the power of attorney either procured the power unlawfully or that their authority was exceeded. Under either theory, the state must prove that the actions were made with the intent to obtain the property unlawfully.
While the issues around secured creditors and mortgages are complex, the sad truth is most homes have mortgages in which the bank is a secured creditor. Removal of fixtures can be prosecuted under the Arizona criminal code with the theory that the removal of the fixtures causes devaluation of the home, thus hindering or preventing the sale of the home for its maximum value on the market.
Conversion requires the state to prove that someone knowingly used services or property of another for something other than what they were authorized to use it for. Therefore, if goods are placed in the hands of another for a specific purpose, and that person uses it for something unauthorized, then the crime of conversion can be pursued. Unlike traditional theft, Arizona removes the issue of “intent to deprive” from the statute, thereby easing the state’s burden of proof.
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