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Arizona Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: My son is 17, was detained by border patrol in Az. He was not charged or arrested for anything. Car & phone seized.

How can we get his property back? Did they have the right to seize it if he was not charged w/ anything?

Brian C. Soto
Brian C. Soto answered on Jun 18, 2021

It is not uncommon for Border Patrol to catch and release individuals they suspect are involved in criminal activity.

The agents seem to have a great deal of discretionary power in this regard.

It may be in your son’s best interest to speak to a federally licensed attorney as he...
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1 Answer | Asked in Criminal Law and Immigration Law for Arizona on
Q: I am applying for my citizenship, i have been LPR for 7 years now, divorced. i had a criminal history?

I have green card for 7 years now, I had a criminal history- Felony theft in 2011, charges that changed to a misdemeanor then setaside or expunged back in 2014. Immigration is aware of the charges since it happened before I obtained my green card-LPR. Do I need to mention the charges again on my... Read more »

Agnes Jury
Agnes Jury answered on Jun 16, 2021

You will have to disclose the criminal history in your citizenship application. It can affect your eligibility because one of the requirements for naturalization is good moral character (GMC). An applicant for naturalization must show that he or she has been, and continues to be, a person of good... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: What can I do if I am being harassed on the phone? I have photo evidence, he is interfering in custody with my son

My ex's nieghbor

Stephen M Vincent
Stephen M Vincent answered on Jun 16, 2021

Being harassed is grounds for getting a protective order.

We'd probably need to know more to know if you'd qualify for a protective order. You can certainly consult with an attorney before filing one or you can go to the Protective Order Center at the nearest Superior Courthouse...
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1 Answer | Asked in Bankruptcy for Arizona on
Q: Are student loan disbursements exempt in chapter 7 in Arizona? Will the trustee take it?

It’s not in a bank account, but it is in a prepaid account and is only used for education expenses.

Timothy Denison
Timothy Denison answered on Jun 16, 2021

Should be exempt as post petition funds if you’ve already filed.

1 Answer | Asked in Probate for Arizona on
Q: How can I get a letter of administration.
Nina Whitehurst
Nina Whitehurst answered on Jun 16, 2021

You need to petition the probate court to open a probate case (estate) and to have yourself appointed as the personal representative for the estate. A probate attorney can help you with this.

1 Answer | Asked in Divorce for Arizona on
Q: Can I close joint accounts if neither party is depositing funds into them. Accts are carrying near zero or neg balance.
Stephen M Vincent
Stephen M Vincent answered on Jun 15, 2021

Yes, if no funds are going into them, it is OK to close and divide them. Just make sure you provide your spouse an accounting and provide your spouse half of what is in the accounts.

The concern of the Preliminary Injunction is to ensure that you don't transfer assets for the purpose...
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1 Answer | Asked in Divorce for Arizona on
Q: What happens after the motion to set and certificate of readiness is filed? What's the timeframe I should expect?
Stephen M Vincent
Stephen M Vincent answered on Jun 14, 2021

It depends on your judge's calendar. Right now, in Maricopa County, we're seeing trials being set for October, and generally right now I'd expect a trial being set to be set for sometime in the fall.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: I have an in-home intervention w/court oversight with DCS. If I give my Brother guardianship will Dcs close the case
Mike Branum
Mike Branum answered on Jun 14, 2021

The short answer is no. DCS will likely keep the case open until they are confident there is no longer a concern that the child(ren) will be abused or neglected. Merely giving your brother guardianship is not extremely reassuring; particularly because it is your brother and DCS will likely consider... Read more »

1 Answer | Asked in Personal Injury for Arizona on
Q: Court’s decision that I’m not at fault was not accepted as evidence by arbitrator. Is this legally erroneous?

The rulings with respect to evidence was unfair, deprive due process rights. The arbitrator’s decision; I’m 80% at fault other party 20%. It’s legally erroneous.

Tim Akpinar
Tim Akpinar answered on Jun 12, 2021

An Arizona attorney could advise best, but your post remains open for three weeks. At this point, you could reach out to an attorney to review. They're likely going to want to review both decisions to make any kind of meaningful determination. There's a tab above (Find-a-Lawyer), or you... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: My child is 17 moved out and is demanding her child support go to her directly.

I did not approve her to move out but she will not come home.

Peter W Davis
Peter W Davis answered on Jun 11, 2021

Arizona child support does not belong to the child. It is not her right to receive it, though the other party could potentially file a modification to change or reduce it. Further, in certain cases where the State is involved, if the child is out of the house the child support paid can be... Read more »

2 Answers | Asked in Divorce for Arizona on
Q: How long does it take to get divorced?
Peter W Davis
Peter W Davis answered on Jun 11, 2021

That is not easily answered as there are a number of reasons that a case can take time. The fastest you would be able to get a divorce is 60 days in Arizona as there is a statutory "cooling off" period, meaning a judge can't sign an order until 60 days after the other party is... Read more »

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1 Answer | Asked in Family Law for Arizona on
Q: I'm 30, and 10 years ago I found out that my mother knowingly committed paternity fraud

My mother knowingly put the wrong man on my AZ birth cert. My "father" did not know about this, but does not intend to pursue any action, and does not mind staying on my birth cert. For 10 years I have attempted to figure out who my bio father is using DNA testing, since my mother will... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

I'm not aware of any case like yours nor could I find any when I searched on Westlaw. I believe, though, that your situation would be governed by A.R.S. 25-803, which determines who has standing to bring a paternity action. 803(A) lists who can bring a paternity claim for a child, but 803(B)... Read more »

1 Answer | Asked in Tax Law for Arizona on
Q: Can a US citizen not pay taxes in protest?
Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

The First Amendment does not allow you to avoid paying taxes.

1 Answer | Asked in Family Law for Arizona on
Q: child suport case start over twenty years ago in ND who has no statue of limitations and I move to SD with no max

SD has no max so is my diver license safe?

Also are there covid laws in SD to protect my license?

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

You asked this question to Arizona, where it seems like you intended to ask for South Dakota.

If you intended Arizona, North Dakota could ask AZ to enforce. AZ does not have a Statute of Limitations for enforcing child support, and losing your drivers license is a potential consequence in AZ.

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Should I file for child support?

My daughter was born on 11.05.2020. She will now be 7 months in 4 days and her father has yet to even have met her. He is fully aware of her and has been aware of her since I was 5 weeks and 3 days pregnant. I constantly send him updates and pictures but nothing. He has literally done nothing for... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

The risk you run filing for child support is that he files to establish legal decision-making and parenting time. Arizona law starts with the presumption that parenting time should be equal, but the Court will order something other than equal parenting time if you can show that a different order is... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Would there be original paperwork, including papers that were served upon defendant, signed documents, etc… on file at

The court if one party is claiming the other signed and relinquished their rights of a child and they were granted full custody??

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

We'd need more information, particularly what relinquishing means. When people typically mention "relinquishing" they can mean one of two things:

1. A parent severed all rights to the child, including that they would no longer be legally recognized as the parent of the the...
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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Arizona on
Q: I have a small company and I want to manage/invest my clients' money; charing no fees. Are there any legal hurdles?

I want to be able to advertise that I will return a percentage per year on the investment. No fees.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 9, 2021

It depends on the type of business you have. You will need a license and registration with agencies.

Consult with an attorney.

2 Answers | Asked in Estate Planning for Arizona on
Q: How do I add a family member to my deed as joint tenancy w/right of survivorship. House is free and clear.
Ilene L McCauley
Ilene L McCauley answered on Jun 9, 2021

There are many ways to own property. Joint tenancy with rights of survivorship is the least efficient from an income tax perspective. You may also need to file a gift tax return if the value you are transferring is more than $15,000. Finally, if the family member ever has financial or legal... Read more »

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: Where can I find an experienced family defense lawyer for my dcs case

My boys are in dcs custody. They were taken while n the care of another. With false aligations. What do I do.

Stephen M Vincent
Stephen M Vincent answered on Jun 9, 2021

I don't handle DCS cases, but I can refer you to some attorneys who do. Feel free to give me a call, and I'll pass their names and numbers along.

1 Answer | Asked in Family Law for Arizona on
Q: I had an order of protection against me she is pregnant and the baby is due in august what can I do
Stephen M Vincent
Stephen M Vincent answered on Jun 9, 2021

This is too complicated situation for you to simply receive an answer here. You have options, but each option carries some significant risk. I recommend you consult with an attorney, let them review the Order of Protection, hear your history with this woman, and then they can advise you of what you... Read more »

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