Hello, my name is James Baldock and I am an attorney with Tarascio & Del Vecchio. I am going to tell you about some important federal housing laws that could apply to you. First off, if you are a tenant in a foreclosed home there are some important protections that you have. With the proper written notice to the landlord, you can actually take your security deposit and pay that towards next months’ rent. In addition, if you get that termination notice, a notice of sale, you don’t have to panic. After the sale occurs the new landlord actually has to give you a 90 days notice in order to terminate your tenancy. Particular circumstances apply so you should always consult an attorney first.

Second, there have been some important developments in the area of service animals. There are two distinctions in the area of service animals. One is the traditional service animal that helps with physical disabilities. That type of animal is what we are most commonly accustomed to seeing, seeing eye dogs, seizure dogs, dogs that have been specifically trained to help with a physical disability. There is a second type that is recently emerging called companion animals. These animals help people with emotional disabilities. They help with depression and other things. You can have very important rights with regards to your service animal. You may be able to have your animal in your home even if your tenancy is a no pet tenancy or you may not have to pay a pet deposit. Once again, there are particular state-specific rules that apply, so check with your attorney.

Finally, the most common problem I see that landlords run into is making a defective notice for eviction. If you need to evict a tenant you need to make sure that your notice is absolutely perfect, otherwise it will fail in court and you are back to square one. I highly recommend just a quick visit with an attorney to make sure that you have dotted your i’s and crossed your t’s.

Again, my name is James Baldock and I am an attorney with Tarascio & Del Vecchio.

Hello my name is Adam Roberts and I am an attorney with the law offices of Tarascio & Del Vecchio. I grew up and was raised in Cincinnati Ohio and I came to the valley four years ago to work for the Maricopa County Attorneys Office. During that time, I was a prosecutor and a prosecuted anything from a class III misdemeanor to class II felonies, so I have a broad range of criminal law experience.

What I’d like to talk to you today about is DUI. A lot of my clients come in on DUI offenses and that is generally what my practice consists of, on the criminal defense side. What many people do not know is that you are not legally required to talk to the officer if you are pulled over for a DUI, to submit to field sobriety tests if you are pulled over for a DUI or even to blow into a breathalyzer or intoxilizer, which the officers may do at the station. In addition, if they do take your blood, you do have the right to have that blood re-rested, you have the right to call an expert at trial to examine the contents of the blood evidence.

I also practice in the area Family Law and there can be some intersection between a criminal matter and your family law case. A DUI conviction or citation can effect your parenting time, custody and a number of other things. If you have any legal questions or concerns, I encourage you to come in an see me.

Top 10 Things NOT to Do When You Divorce

JESSICA ZIMMER – OCT 2007
As anyone who’s gone through a divorce can tell you, the process is rarely easy. Tensions run high, and couples often make poor decisions in the heat of the moment. Given the mountain of financial, practical and emotional details that have to be sorted, it’s not surprising so many couples wind up making critical mistakes on the road to divorce. That said there are a number of key things you should do, or more specifically not do, to lessen the chance you’ll regret your decisions later on. Here are the top 10 tips on what to avoid when filing for divorce.

10. Don’t Increase Your Debt

Divorce is expensive. On top of attorney’s fees, you will need money to set up a new household. Though it may be difficult to make ends meet, you should get used to having less now. Remember, your legal bills and court costs may come due before you receive your first payment of alimony or even your share of the marital property. While it may seem stressful, the freedom you’ll enjoy down the line will be well worth the struggle.

9. Don’t “Settle” Early

Just because you want out of your marriage immediately doesn’t mean you should forfeit your financial security. Make multiple copies of all of your important financial documents:pension statements, tax forms, brokerage and mutual fund statements, credit card statements, and other records. It will make you aware of what you own and even what you owe. Make sure that you and the children will continue to have health insurance during and after the divorce proceedings. While you are still married to your spouse, an illness or accident can change how property is divided. If you and your spouse can work out an amicable agreement on your own, you can file what’s known as an “uncontested” divorce. This will save you both time and money in court costs. If this is simply not possible, you may want to hire a professional mediator or an attorney. If you decide to retain legal counsel, remember to bring 3 things to the first meeting with your lawyer so you can assess what you will need once separated: a balance sheet listing the family’s assets and debts, an accounting sheet of your income and expenses, and your tax return.

8. Don’t Forget About Taxes

Typically, the person who is awarded custody of the children gets the house. But the house may not be the best deal. If you can’t afford the mortgage, taxes and upkeep on the house, you want to ask for the investment portfolio of equal value instead. However, before declaring yourself king or queen of your block, remember:single people are not allowed to shelter as many capital gains from taxes. Stocks can also be at issue. Newly-purchased stocks may be more desirable because they will cost you less in capital gains taxes.

7. Don’t Wait Until After the Holidays

You already know the holidays are not going to be difficult. So why wait? Divorce lawyers often see an increase in clients before, during, and after Christmas. It’s also easier to get used to an empty home before the holidays. If you wait (and fight) through the season, you may destroy any chances for an amicable split and wind up hashing out your differences in court.

6. Don’t Refuse to See a Therapist

Seeing a therapist can help you get through the range of emotions that you will experience during your divorce. It is a good idea to get help before you become extremely depressed or angry. A therapist is not just someone to talk to. They are also a professional who can show you how to relax, how to talk to your kids, and how to remain calm in court. Most importantly, a therapist can help you figure out how to become self-sufficient.

5. Don’t Take It Out On the Kids

Children need a supportive environment to deal with divorce. Minimize the amount you talk about the process. It will give you more time to be there for them. Refocus your energy so you can attend their school and after-school events, help them with homework, and take them out once in a while to the movies or the zoo. When you are relaxed, they get more relaxed. Though you should be comfortable talking with your children about the divorce, the point of this divorce is to relieve stress on you and your family.

4. Don’t Sleep With Your Lawyer

It’s easy to get close to the one person who is on your side. But it’s also a big mistake. Some states prohibit all sexual activity between an attorney and client. Other states allow an attorney and client who had a sexual relationship before the case to continue the relationship. In either case, sleeping with your lawyer can compromise your attorney-client communications because you may be charged with adultery for the infidelity.

3. Don’t Dismiss the Possibility of Collaborative Divorce or Mediation

In a collaborative divorce, you can get the help of professionals—attorneys, divorce coaches and therapists, to divide property and manage emotional stress. Some critics of collaborative divorce believe that attorneys, divorce coaches and therapists who engage in collaborative divorce are not really experts, and cost too much time and money. But the majority of jurisdictions with collaborative divorce have stated that collaborative divorce is more cooperative and less adversarial than traditional divorce.

Mediation is different. Only one third-party professional—a divorce mediator—helps you and your spouse reach an agreement. Mediation is more of an-ongoing process than a one-time intervention. Although lawyers are generally not allowed into mediation sessions, you can consult a lawyer at any time during the process to make sure you are getting the right result.

2. Don’t Forget to Change Your Will

Divorce does not automatically revoke a will. If you want to prevent your soon-to-be-ex-spouse from receiving the monies and privileges granted them in your will, you need to update your will. You can re-do a will at any time. But if you die before you are granted a divorce, and you have left your spouse nothing, he or she can sue and recover part of your estate.

1. Don’t Get Pregnant

Having a baby during your divorce complicates a lot of things, and could even hinder your right to divorce. In November 2004, a Spokane County, Washington judge refused to allow Shawnna Hughes, a pregnant woman, to divorce her abusive husband. Hughes’ husband is not the father of her child. But because Hughes became pregnant during the divorce proceedings, state law presumes Hughes’ husband to be the father of her child born up to 300 days after her divorce. The judge refused to grant Hughes a divorce because he was concerned there would be no father to take financial responsibility for the child. Although many states now grant single parents the same rights as married ones, having a child when you’re in marital limbo can be problematic.

COLLABORATIVE LAWYERS:  EASING THE PATH OF DIVORCE

By Attorney Allyson Del Vecchio

                  Everyone reading this blog knows of a divorced couple, or has heard of a divorced couple who are in the seemingly endless process of litigation over clauses, parenting plans, custody issues, etc… all  arising out of their initial divorce proceedings.  While attorneys attempt to reduce these ongoing legal issues, in the ever contentious process of litigation continued disputes are inevitable.  Litigation, in and of itself, is a process of pitting one side against another, and exacerbating, uncovering and highlighting the problems which have existed in the relationship prior to filing for divorce.

Collaborative law attorneys, in utilizing the outside resources of mental health professionals acting as divorce coaches, financial planners who can easily discuss and determine the potential financial pitfalls, as well as other applicable practitioners, are attempting to eliminate the litigious nature of divorce.

What is Collaborative Law?  It is exactly what its name depicts…a group of individuals, made up of lawyers, coaches, financial planners, child specialists, etc…, who assist a separated couple in maneuvering through the difficult task of divorcing and moving on in their  lives.  The clients’, coaches, attorneys and other specialists all agree in a contract to forego the Court system in separating, and instead, agree to work together to determine the division of their assets, custody, parenting time, child support and spousal maintenance.

Can this truly work?  And if so, who can benefit? A collaborative divorce can work in a wide variety of cases, and allows the separating couple to retaining the ability to communicate and work together towards a common goal; typically the parties’ minor children or financial security of both spouses.  The principal interest of collaborative law is to focus on the positive aspects of the couples’ relationship now and in the past, and by identifying these aspects, work together to unite the separating couple in the commonalities of their positions, goals and behaviors.   As to who can benefit, the answer truly depends on the parties’ themselves.  Those interested in taking control of the divorcing process, and having a say in their final outcomes would certainly benefit.  Similarly, children of a particularly contentious separating couple have a voice and an advocate not typically found in the litigation process.  Thus, parents become increasingly aware of how their behaviors are impacting the children.

Costs?  Costs are similar to that of typical litigation.  The only difference is the division of costs now encompasses multiple professionals as opposed to just the lawyers.  The pie is divided based upon the number of hours each professional works on the matter.  Hours depend on the issues facing the parties’ and their children, but are typically less than the litigation process.  Most importantly, because the parties’ themselves are responsible for the outcomes and agreements, the potential for re-litigation of issues is dramatically reduced, which means the overall legal costs associated with the divorce may be significantly less than in a litigation process.

If you are interested in learning more or utilizing the Collaborative Law process in your divorce, please contact Tarascio & Del Vecchio.

Vouchers Are Ideal or Unneeded, Parents of Special Needs Children Say

SALEM, Ore. — The Oregon House voted Monday to make it illegal to post a job advertisement telling unemployed jobseekers not to apply.

Even if the measure passes, employers could still exclude unemployed applicants while flipping through resumes. Employers would only violate the new law if they say in the job ad that applicants must be currently employed.

Violators would face a $1,000 fine.

Proponents say job ads that exclude unemployed workers discourage people who are struggling to find work in a depressed economy.

“It will send a message to employers that this type of employment discrimination is not fair and is not smart,” said Rep. Jefferson Smith, D-Portland, a sponsor of the legislation.

Opponents say they’re concerned about creating a new regulation on businesses.

“There’s nothing I can perceive in this piece of legislation that would create one more job in the private sector,” said Rep. Mark Johnson, R-Hood River, who voted for it.

The House approved Senate Bill 1548 on a 56-4 vote, sending the measure to Gov. John Kitzhaber. The governor will review it once it reaches his office, spokesman Tim Raphael said.

Oregon’s unemployment rate was 8.9 percent in December, its lowest rate in three years, but still higher than the national rate. Nearly 176,000 people in Oregon who were looking for work remained unemployed.

A search of employment websites Monday for the phrase “must be currently employed” turned up in a handful of results for positions in a variety of industries around the country. Oregon’s legislation would apply to any job based in the state.

People who are unemployed and trying to find a job shouldn’t face yet another hurdle when there are already a limited number of job openings, said Sen. Diane Rosenbaum, D-Portland, a sponsor of the bill.

“It seemed like a ridiculous and unfair obstacle for people trying to compete for the jobs that are there,” Rosenbaum said.

Several other states have considered similar legislation. A measure in Congress would go further, prohibiting employers from considering an applicant’s employment status.

Life insurance, bank accounts, savings bonds, and stocks are just some the financial instruments that may require beneficiary designations. Estate plans have taken careful time and preparation, all of which can be undone in the event of an Arizona divorce.

Our financial planners and accountant colleagues point out how many different forms designations exist, making it difficult to account for all of the different assets and designations.

The designations do serve useful purposes, as they can insure a particular asset passes directly to an intended person. When properly implemented, they help avoid probate for certain assets and have positive tax planning consequences. However, your former estate plan and designations could be outdated or no longer relevant. For help updated your estate or with your Arizona divorce, call 480-649-2905.

2 Arizona doctors disciplined for medical pot
Drug recommended to patients without the proper vetting

State medical boards have disciplined two doctors who improperly recommended medical marijuana to hundreds of patients.

State officials filed complaints in August against eight physicians who had recommended nearly half of the 10,000 Arizonans certified to use medical marijuana, saying they failed to check patients’ prescription-drug histories as required. The disciplinary actions against the two doctors were a result of the complaints by the state Department of Health Services.

State rules regulating the voter-approved medical-marijuana law require people to obtain a written recommendation from a licensed physician.

The doctor must perform a physical exam, review a year’s worth of medical records, talk about the risks and benefits of the drug, and review a state database that tracks prescription-drug use.

In January, the Arizona Naturopathic Physicians Medical Board suspended Dr. Christine Strong, a licensed naturopathic physician, for failing to physically examine eight patients before certifying they qualified for the marijuana, according to a consent agreement between the regulatory board and Strong obtained by The Arizona Republic.

Strong also failed to maintain adequate medical records for the eight patients because the files did not contain sufficient information to support a diagnosis that would qualify the patients for medical marijuana. Strong certified four patients based on severe and chronic pain, but medical records did not support that diagnosis, and the records didn’t indicate the patients were taking any pain medication, which should have caused the doctor “to question the validity of the patients’ complaints,” the Jan. 19 agreement said.

The board determined Strong acted unprofessionally and suspended her license for 30 days. She must serve the suspension by Sept. 4, pay a $1,000 civil penalty and complete 24 hours of continuing medical education focused on pain management and physical examination and diagnosis.

Strong did not respond to messages seeking comment.

Craig Runbeck, executive director of the naturopathic board, said the panel is still considering four other discipline cases tied to medical marijuana.

Meanwhile, the Arizona Medical Board issued a letter of reprimand and consent to Dr. James W. Eisenberg for issuing 483 medical-marijuana certifications before checking prescription-drug histories, records state.

Eisenberg conceded he falsely attested on certification forms that he had reviewed patient profiles on the controlled-substances database.

Eisenberg did not respond to a call for comment.

Lisa Wynn, executive director of the Arizona Medical Board, said the doctor’s reprimand does not affect his ability to practice medicine. She said the board is still reviewing the actions of two doctors linked to the certification of medical marijuana.

Keith Humphreys is a professor of psychiatry at Stanford University who served as the senior drug-policy adviser in President Barack Obama’s administration.

He said enforcement of marijuana-related disciplinary actions against doctors is spotty at best because criteria for recommending medical marijuana are so “loosey-goosey.”

In California, for example, virtually anyone can qualify for medical marijuana, he said, so it can be tough proving disciplinary cases against doctors.

“Around the country, very, very few doctors have gotten in trouble,” Humphreys said. “And it’s pretty hard to get into trouble as a doctor, because the standards for recommending it are just so low.”

Read more: http://www.azcentral.com/news/politics/articles/2012/02/07/20120207arizona-doctors-disciplined-medical-pot.html#ixzz1lv3u37xt

Arizona Accord aims to guide immigration dialogue

by Alia Beard Rau – Jan. 24, 2012 11:11 PM
The Republic | azcentral.com

Arizona is following in Utah’s footsteps as business and civic leaders push for public support of five principles they hope will guide Arizona’s immigration discussion in a new direction.

But Republican lawmakers say they’re not interested in that direction.

Called the Arizona Accord, the five principles mimic the Utah Compact created by business leaders in 2010.

The principles support developing federal solutions, focusing local law-enforcement resources on criminal activities as opposed to civil violations of federal law, keeping families together and improving the health and well-being of all Arizona children, acknowledging the economic role immigrants play as workers and taxpayers, and treating immigrants with humanity and inclusion.

“This is a broad set of guiding principles designed to frame the discussion both at the state and the federal level,” said Scott Higginson, who helped organize the Arizona Accord effort.

“It is our belief and hope that with the Arizona Accord in place, the dialogue can change and we might be able to find holistic solutions.”

Like in Utah, the Arizona Accord is being pushed by local business and civic leaders.

The goal is not to get the Legislature to pass it as a bill but to have the public sign the accord to show the Legislature what voters want.

In Utah, the compact’s influence resulted in the Legislature last year passing a state guest-worker program.

James Garcia, co-founder of the Real Arizona Coalition formed after Arizona passed Senate Bill 1070, said the principles reflect his organization’s desire for more comprehensive immigration reform.

“Immigrants are contributors to our society and not a detriment to society,” Garcia said.

Kevin Rogers, president of the Arizona Farm Bureau, said his group has worked on these issues for 15 years.

He said that the federal government must secure the border but that Arizona farmers also need immigration programs that allow for temporary workers, seasonal workers and long-term workers “for our economy to continue its recovery.”

On Tuesday, leaders ceremonially signed the accord and encouraged Arizonans to go to www.azaccord.com and sign it, as well.

Other supporters of the accord so far include the Greater Phoenix Economic Council, the Arizona Interfaith Network, Tolleson, the Mesa Human Relations Advisory Board, the Phoenix Human Relations Commission,Chicanos Por La Causa, East Valley Patriots, Sundt Construction and McCarthy Construction.

Higginson said the accord is intended to be political but nonpartisan.

He said his group has no plans to ask the Legislature to formally support the accord, but he hopes it will pay attention to public support for the accord and use it as a guide when considering immigration legislation.

Sen. Jerry Lewis, R-Mesa, who beat out SB 1070 author Russell Pearce in a November recall election, signed the accord.

But other lawmakers said they have no intention of paying the accord any notice.

The principles fly in the face of the enforcement-focused illegal-immigration legislation that Arizona lawmakers have passed in recent years, including SB 1070.

Senate Majority Leader Andy Biggs, R-Gilbert, said he isn’t familiar with the Arizona Accord but said the Utah Compact is deliberately vague and bad policy.

He said principles that support “being nice to everybody” just invite efforts to open the borders instead of secure them.

He said that he likely wouldn’t give the accord much thought and that he didn’t think the rest of the Republican caucus would, either.

“I think the majority of the caucus thinks, ‘What the heck? Get this out of here,’” he said.

Sen. Steve Smith, R-Maricopa, the author of many of the recent immigration enforcement bills, said that’s exactly how he feels.

“I don’t listen to business owners,” he said.

“I listen to what the people in the state have said. People want us to crack down on illegal immigration.”

Arizona Rep. Catherine Miranda, D-Phoenix, earlier this month proposed House Concurrent Resolution 2015 to support the five principles. House Speaker Andy Tobin, R-Prescott Valley, has not assigned the bill to a committee for hearing

Read more: http://www.azcentral.com/news/articles/2012/01/23/20120123arizona-accord-aims-guide-immigration-dialoague.html#ixzz1kVOscJ25

Rising Number of Grandparents Raising Children: MyFoxPHOENIX.com

Rising Number of Grandparents Raising Children: MyFoxPHOENIX.com

Rising Number of Grandparents Raising Children

Updated: Monday, 16 Jan 2012, 9:28 AM MST
Published : Monday, 16 Jan 2012, 9:21 AM MST

Alexis Vance

By ALEXIS VANCE
FOX 10 News

SCOTTSDALE, Ariz. – “I think she’s a gift to us which we didn’t realize at the time.”

Kay Vergnetti and her husband Angelo raised their four children — it was time to travel, see Europe and go on cruises, but that all came to a screeching halt.

“She remembers everything that happened that night at the altercation..every single thing,” said Kay.

Child Protective Services removed their granddaughter Courtney from her mother and father after a violent fight. She was only 2½ years old. Kay and Angelo stepped in to raise her and at first, it was a challenge.

“Tiresome, tiresome, I mean you wish you could take a nap at 4:00 and you couldn’t and it’s a 24 hour thing..you’re always on guard,” said Kay.

Then came all of the legal issues, getting a passport, health insurance and trying to enroll Courtney into a school.

“What we’re seeing more and more often is that school districts won’t take power of attorney, you need to be a guardian, so that’s when people turn over to guardianship, giving them the power of the parent,” said Adam Roberts of the Tarascio and Del Vecchio law firm.

Working with the courts and parents who don’t want to give up their rights can take a long time, but finally in 2007, the adoption was official and being a parent the second time around has its benefits.

“You’ve been through it all, you know what works, what doesn’t work and she’s got the benefit of all that..maybe that’s the way we should go..maybe all grandparents should raise children,” said Kay.

Here in Arizona, the latest census shows 70,000 children are being raised by their grandparents and there’s really no one reason for it.

“Economic factors, behavioral health of the parent, maybe child abuse, maybe substance abuse, there could be a lot of factors,” said Deidra Calcoate of the Department of Economic Security.

Courtney has blossomed into a beautiful young girl, a student at Horizon High School — and her grandparents wouldn’t change a thing.

“We stay in the loop..we know what’s going on, we don’t look from outside in, we get along with all of her friends, parents..we have a multitude from all walks of life and all ages that we consider our friends,” said Kay.