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Free Estate Planning Seminars May 17 & 18

With the recent changes to the estate tax system there is no time like the present to begin learning about the "ins-and-outs" of estate planning. This seminar will afford you the opportunity to learn about what you can do to plan for your estate and ask questions in a relaxed setting. There will be no sales pitch or obligation for you to attend. Some of the topics to be discussed include:

  • Minimize or avoid estate taxes
  • Avoid probate
  • Avoid guardianship/conservatorship
  • Powers of Attorney
  • Living Wills


If you already have some form of estate planning in place, the changes in the tax laws make a review of your estate plans a must. Remember, if your estate plan is not properly done it could result in added expenses, legal requirements, estate taxes, unintended probates, and delays for the family and beneficiaries involved.

If you don't yet have an estate plan in place, we will cover the use of simple wills, revocable living trusts, powers of attorney, living wills, other forms of non-probate transfers, the probate process, and estate taxes.

Thursday, May 17, 2012; 4:30-6:00 p.m. (light hors d'oeuvres served)
Friday, May 18, 2012; 10:00-11:30 a.m. (continental breakfast served)
The Atrium at Los Abrigados Resort & Spa, Sedona, Arizona

Please RSVP no later than May 11, 2012
By PHONE to (928) 282-6927
By EMAIL to ewinkel@awdlaw.com


Please also feel free to extend this invitation to your friends and family who may want to learn about these important topics.

No Obligation. No Cost. This is a free educational seminar presented by the law firm of Aspey Watkins & Diesel, P.L.L.C.
Presented by Stephen A. Thompson (Aspey, Watkins & Diesel)
Moderated by Evelyn W. Winkel (Aspey, Watkins & Diesel)

AWD Sponsors Acclaimed Violin Octet in Master Chorale Finale

Aspey, Watkins & Diesel has long been an avid and important sponsor for the Master Chorale of Flagstaff. This year, however, we have added to our partnership by underwriting a very special and unique event. The Hutchins Consort will be joining the Master Chorale for thie finale concert of the season.

group shotsmaller.jpg

The Hutchins Consort plays on the eight scaled violins of the violin octet designed and built by famed luthier Dr. Carleen Hutchins. The instruments are the first successful attempt to create an acoustically balanced set of instruments that can sound truly like violins across the entire range of written music. With instruments ranging from the tiny treble violin, tuned one octave above the standard violin, to the gigantic large bass violin, tuned one octave lower than a 'cello, the Hutchins Consort produces an astonishing pallet of sounds.

Based in Southern California, the Hutchins Consort brings together a group of extraordinary virtuosi to tackle the challenge of adapting the techniques of traditional strings, as well as inventing new techniques, to master the instruments Dr. Hutchins created.

The Hutchins Consort plays music of the Middle Ages and Renaissance to the music of the modern masters. With original compositions and transcriptions commissioned by the Catgut Acoustical Society for the octet of violins, and new transcriptions by members of the Consort, The Hutchins Consort displays a breadth and depth that few traditional groups match, and a sound that is truly unique.

"Dark Skies Over Arizona" DarkSkies_POSTER.jpg is the final concert of the season presented by the Master Chorale of Flagstaff and the Arizona Mountain Chorale, Edith Copley, music director. Led by Joe McNalley, the Consort will perform Schönberg's "Verklärte Nacht," "Summertime" from Porgy and Bess, and even a Beatles tune.

The event will also feature a world premiere entitled "The Grand Canyon State" by NAU professor, Dr. Judith Cloud, in honor of Arizona's Centennial, featuring Jeff Hall, the Director of Lowell Observatory, as featured guest organist.

Astronomical images will be projected above the ensembles during the concert by Lowell Observatory and the Coconino Astronomical Society will provide telescopes for viewing the night skies during intermission and after the concert.

Traditional choral works by Samuel Barber, Randall Thompson, and Libby Larson will be performed, as well as familiar popular songs "Fly Me to the Moon" and "Home on the Range."

Edith Copley quote: "We are so excited to perform with this professional ensemble from Los Angeles as well as premiere a new choral work in honor of Arizona's Centennial."

Aspey, Watkins, and Diesel is the season sponsor of the Master Chorale of Flagstaff and the underwriter for The Hutchins Consort collaboration.

Tickets are $20 for adults, $18 for seniors, and $6 for students/children.

Tickets are available in advance from Central Ticketing by calling 928-523-5661 or visiting nau.edu/cto, or at the door the evening of the concert.

Immigration Law: Special Visas Available for Victims of Crime

Usually, under U.S. Immigration Law, people who are not U.S. citizens need either an individual or a business to petition for them to immigrate to the U.S.  However, there are options for non-citizens to petition for themselves if they have been victims of crimes and assist in the investigation and prosecution of the person who perpetrated the crime against them.  These types of visas are not well-known, but provide a means for people who have been victimized to prevent their deportation from the U.S. and also to maintain legal immigration status without requiring the assistance of the perpetrator of the crimes against them.  

Congress initiated all three of these types of visas through the Violence Against Women Act (VAWA).  These visas are designed to protect victims of crime, to limit the use of legal status as a power tool for abusers, and to strengthen the abilities of law enforcement agencies to investigate and prosecute criminal cases. 

There are three specific visas that are available for people who have been victims of crime: T visas, U visas, and VAWA visas. 

T visas are available for victims of human trafficking, and U visas are available for non-citizens that have been a victim of a list of enumerated crimes, most of which are violent.  Both of these visas require that the applicant cooperate in the prosecution of the perpetrator and submit a declaration from law enforcement, confirming that the applicant cooperated in the prosecution.  A non-citizen applying for one of these visas must also be admissible to the U.S., which means that the applicant cannot have committed any of a number of crimes.  

VAWA visas are available for non-citizens who have been victims of domestic violence perpetrated by either the victim's U.S. Citizen or Legal Permanent Resident (LPR) spouse, parent, or romantic partner.  The purpose behind these visas is to limit the use of legal status as a tool to be used by an abuser to prevent a victim from turning the abuser in to authorities. 

All three types of visas allow for the applicant to apply for a visa for his or her immediate family members, as derivative applicants to the original petition.  Immigration law defines immediate family members as spouses, children under 21 years of age, parents, and unmarried siblings under age 18. 

To apply for one of these visas, an applicant must submit an immigration petition for him or herself.  A VAWA applicant must submit to the Department of Homeland Security a I-751 form, a U or T visa applicant must submit a I-918 form.  U and T visa applicants must also submit a law enforcement certification, confirming that the applicant was helpful, or will be helpful in the prosecution of the case. 

All Immigration forms are available at: www.uscis.gov

Kathryn G. Mahady handles Immigration Law at Aspey, Watkins & Diesel.

Know the Law: SB 1200 Makes Changes to DUI Laws

Effective January 1, 2012, Senator Linda Gray's Senate Bill 1200 was put into effect. The Bill changed the current state of the law for offenses related to driving under the influence and the requirements for installing interlock ignition devices. The full text of the bill can be found at HERE

The main points are as follows. The new bill:

  1. Authorizes a City Council, County Sheriff and County Board of Supervisors to establish a continuous alcohol monitoring program with the approval of the Presiding Judge of the Municipal Court or the Presiding Justice of the Peace of the County, similar to a home detention program, for persons convicted of Drivng Under the Influence. A person must pay all fees plus $30 per month while in the program. Same requirements apply.
  2. Modifies the requirements for the current home detention program and the new continuous alcohol monitoring program by permitting a person convicted of Driving Under the Influence with a prior or Extreme DUI to be placed in a program upon completion of 20% of the initial sentence.
  3. Authorizes the County Board of Supervisors to establish a home detention program with the approval of the Presiding Justice of the Peace of the County. The requirements are identical to the current programs which can be established by a city council or sheriff.
  4. Repeals the prohibition of home detention program use for persons convicted of Aggravated DUI.
  5. Applies implied consent and administrative per se to drugs listed in A.R.S. § 13-3401 or their metabolites.
  6. Modifies the requirement that a person convicted of first offense non-extreme DUI serve 24 consecutive hours in jail to state the person must serve one day in jail.
  7. Removes the statutory requirement that a person charged with a first offense DUI be entitled to a jury trial except if the person is charged with Extreme DUI.
  8. The court may suspend all but nine days of a sentence if the person is convicted of an Extreme DUI, A.R.S. § 28-1382 (A)(1), and all but 14 days of a sentence if the person is convicted of Extreme DUI, § 28-1382 (A)(2), if a person installs a certified ignition interlock device (CIID) for one year.
  9. A person convicted of a second offense DUI or Extreme DUI is eligible for a CIID after a 45 day driver's license revocation.
  10. Transfers the Aggravated DUI violation wherein a person required to equip a vehicle with a CIID because of a previous DUI conviction and refuses to submit to a blood alcohol test while under arrest for a subsequent DUI from the Aggravated DUI statute, A.R.S. § 28-1383, to the interlock violation statute, A.R.S. § 28-3319.
  11. Reduces the court ordered driver license revocation upon a conviction for Aggravated DUI from three years to one year and clarifies that the CIID requirement for the defendant to obtain a license after revocation is twenty four months, not twelve months.
  12. A person whose driver license is suspended pursuant to A.R.S. § 28-1385 is eligible for a CIID during a period of suspension if the requirements of A.R.S § 28-1385 (G) are met.
  13. An extension of the CIID requirement for violating an enumerated condition for driving with a CIID is set at six months. The CIID requirement is extended if the person attempts to operate a vehicle twice with a Blood Alcohol Content (BAC) of .08 or above, instead of the current three times. If a person with BAC of .08 or above attempts to operate a vehicle during a six month extension, the CIID requirement must be extended an additional six months.
  14. ADOT is required to remove any interlock requirement if the person is convicted of a violation of A.R.S. § 28-1381(A)(3), DUI per se drugs and the court does not order alcohol education or treatment after screening.
  15. Upon the completion of the following requirements, ADOT may defer the last six months, starting from the date the interlock was installed, of a one year CIID requirement.
    • The person is sentenced pursuant to A.R.S. § 28-1381(I) first offense non-extreme DUI.
    • The person successfully completes an alcohol or drug education course.
    • The person has maintained a functioning interlock ignition device in any vehicle operated for at least six consecutive months.
    • The person has not attempted to operate a vehicle with a blood alcohol content of .08 or more two or more times.
    • The person is not involved in an injury or damage accident.
    • All necessary compliance information was provided to ADOT by the interlock provider.
    • The deferment is permanent, unless the person is arrested for DUI, Extreme DUI or Aggravated DUI during the period of the deferment. In that case ADOT is required to revoke the deferment and the person must complete the remainder of the CIID requirement.
  16. Permits ADOT to substitute continuous alcohol monitoring for a CIID if the person is unable to use a CIID due to a medical or employment condition. During this period of continuous alcohol monitoring, the person must be tested for alcohol at a minimum of once a day. If the person tests positive for alcohol two times, ADOT is required to discontinue the continuous alcohol monitoring and require the person to install a CIID.
  17. The Director of the Department of Corrections may authorize a person sentenced for Aggravated DUI and who is placed on probation to be released under a continuous alcohol monitoring program. The Director may require reimbursement.
  18. Modifies legislation passed last year. An assessment of $125, rather than a 10% surcharge on the amount of the fine, is added to a warrant issued by a superior court or justice court as the result of a failure to pay a fine. However, the assessment is now only applicable if the underlying charge is a Title 28 offense. The assessment is not subject to any surcharges.
  19. Gives constables the power to serve warrants pursuant to A.R.S. § 22-131.

Contact Us

If you need to speak with an attorney about a drunk driving charge in Northern Arizona, contact Aspey, Watkins & Diesel. To contact our Flagstaff office, call 800-535-0910. To reach our Sedona office, call 928-282-5955.

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