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Arizona Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Family Law and Child Custody for Arizona on
Q: Is due process or civil rights violated if children are removed from parent but parent has not been allowed statefact?

Dcs removed children from parent but parent has not been interviewed or allowed to state facts before court was given the PPH report an children remain in dcs physical custody and stipulations for reunification have been given without the parent being allowed to defend themselves.

James L. Arrasmith
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answered on Dec 5, 2023

In Arizona, due process and civil rights are crucial elements in child custody cases involving the Department of Child Safety (DCS). If children are removed from a parent's care and the parent is not given an opportunity to present their side of the story before the court makes decisions, this... View More

1 Answer | Asked in Civil Rights, Small Claims, Landlord - Tenant and Domestic Violence for Arizona on
Q: How long do I have to hold on to a persons belongings after a civil standby was conducted via an order of protection?

I’m in Arizona, an individual was removed from my home due to domestic violence and an order of protection was placed. A civil standby was just conducted and belongings were left behind. How long do I have to keep her stuff on my property?

James L. Arrasmith
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answered on Dec 5, 2023

In Arizona, after a civil standby is conducted due to an order of protection, there are specific guidelines regarding how long you must hold onto the belongings of the individual who was removed. The law generally expects you to keep these belongings for a reasonable period, allowing the person... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Arizona on
Q: How to remind a judge to do something required under the rules, yet they haven't? A mere motion seems inappropriate.

Since a motion is a pleading or request that can be denied, is there a type of filing more appropriate? A Notice? Don't want to be rude of course, just clearly get the point across that the rules are clear. To me, a failure to follow the rules is grounds for a complaint to the Commission on... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Arizona, if you need to remind a judge about a required action under the rules, and you believe a motion isn't the right approach, there are a couple of respectful options you can consider.

First, you might consider filing a "Notice of Non-Compliance" or a similar...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Landlord - Tenant for Arizona on
Q: my wife was assaulted by a tenant who refused to pay rent. the assailant threw vinegar in my wife's eyes.

emt's worked on my wife's eyes for half an hour and wanted to take her to the hospital. the cops wanted to arrest my wife and the assailant. its a tactic to not have to do any work. the racist hispanic cop took my id to run it (why?) he came back with a hostile attitude. I'm a felon,... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, where your wife was assaulted by a tenant and the responding law enforcement officers' actions were questionable, there are several steps you can take. First, it's important to document everything: the assault, the treatment your wife received from the EMTs, the... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Arizona on
Q: My landlord will not respond, follow up or create any dialog regarding my ADA request, can I break lease without penalty

I have a Case opened with HUD and the Attorney General, but they take time to review and investigate. I want to break my lease ASAP as since I moved in 7 months ago the office staff and management refuse to respond or acknowledge my ADA accommodation request. It is affecting my mental health and... View More

James L. Arrasmith
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answered on Nov 24, 2023

Under the Americans with Disabilities Act (ADA), landlords are required to make reasonable accommodations for tenants with disabilities. If your landlord is not responding to your requests for ADA accommodations, this could be considered a violation of your rights under the ADA.

Given that...
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1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: If I have been wrongfully arrested and going to have to do more jail time for something I haven't done canI get out this

My name is Brittany

Well back in 2021 my now ex sister in law went down to Mesa Superior Court and filed an order and protection on me and she put her 2 kids but she also put my son( 14 at the time) on the order of protection as well..

She went down to the court and gave false... View More

James L. Arrasmith
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answered on Nov 24, 2023

Brittany, it sounds like you're facing a challenging and complex legal situation. If you have been wrongfully arrested and are facing jail time for something you didn't do, it's crucial to take immediate legal action.

The first step should be to consult with a criminal...
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1 Answer | Asked in Civil Rights and Municipal Law for Arizona on
Q: Is it legal for a town government to remote neural monitor a person? Is it legal to use the china surveillance system us

Nano was illegally blown in my face while working at a casino. My life of harassment via n.t.p communications began. Surveillance frequency is deadly after 10 years of damage. I have proof.

James L. Arrasmith
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answered on Nov 19, 2023

In Arizona, as in the rest of the United States, the legality of surveillance, including remote neural monitoring or the use of advanced surveillance systems, is subject to strict legal standards and privacy laws. Generally, such surveillance by a town government or any government entity without a... View More

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Arizona on
Q: Blind and Autistic 7th grader getting bullied, harassed and threatened school isnt doing anything for 3 mo., what to do?

Our daughter started middle school and she is blind and autistic. Fun loving and loves school she has been harassed and bullied from day one being called "blind b****" "you deserve the death penalty" and others for 3 months and now today a physical threat of "im going to... View More

James L. Arrasmith
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answered on Nov 18, 2023

I'm really sorry to hear about your daughter's difficult situation at school. It's crucial to address this issue promptly. First, document any incidents of bullying or harassment thoroughly, including dates, times, locations, and individuals involved. Keep copies of all... View More

1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Arizona on
Q: when you're stopped on your bicycle the reason being no lights can they take your pocket knife from your hip that is 2"

I did have lights front and back as he's searching my fanny pack the other officer said I fit the description that was given earlier. I did not fit the description I was just on a bicycle in the area actually I was headed directly to the crime scene so and headed toward the police cruisers the... View More

Brad Rideout
Brad Rideout
answered on Oct 30, 2023

If you were riding your bike at night, they can pull you over for not having lights. They can't search you absent reasonable suspicion or search incident to arrest.

Sounds like you pocketknife was legal. See the following blog on knives in Arizona...
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1 Answer | Asked in Civil Rights, Education Law and Internet Law for Arizona on
Q: Is their a loop hole I can get through here?

Hi! I am a high school student who is trying to record my teacher being verbally hostile towards me. I went to my principle and asked if I could record my teacher doing these things, She said it would be inappropriate use of an electronic device. And that she can't do anything about it.... View More

James L. Arrasmith
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answered on Oct 18, 2023

It's essential to approach this matter with caution. While your intent to document inappropriate behavior is understandable, bypassing school rules could lead to disciplinary action. Instead of directly recording, consider documenting each incident in writing, noting date, time, and details.... View More

1 Answer | Asked in Civil Rights, Employment Law and Health Care Law for Arizona on
Q: While on short term disability diagnosis with cancer the company said they were separating me from the company.

I am 74 years old. I know I was released because of my health and age. Start date 7/20/15-9/20/23. This case is scheduled with the EEOC on 120/23. Can a company legally do this?

Jessica Miller
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answered on Sep 14, 2023

It depends on the reason the company gave for your separation. If they told you that you were being released due to your health and age, then you may have a legal claim against them if you were still able to perform the essential functions of your position.

If they gave you a different...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: When a search warrant has ( the four corners rule ) On the search warrant what is the reason for this

Said search warrant had only non residents on it yet covered in the broad east meaning possible Also what part of the warrant does the judge actually see when the four corners rule is used

James L. Arrasmith
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answered on Sep 11, 2023

"The four corners rule" in the context of search warrants refers to the legal principle that a judge should only consider the information contained within the four corners of the affidavit - that is, the written document itself - when determining whether there is probable cause to issue... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Social Security and Employment Law for Arizona on
Q: Is social security disability protected through ADA?

I have a friend who files for disability through social security. She is 63 years old and has chronic pain and health problems. She is making the lowest wage in a small business and is continuously discriminated through the company. She is harassed about not being able to use technology as well as... View More

James L. Arrasmith
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answered on Aug 6, 2023

The Americans with Disabilities Act (ADA) does provide protection against discrimination for individuals with disabilities, and this may include those receiving Social Security Disability benefits. Your friend may be able to take legal action if she believes she has been discriminated against due... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: In Arizona can I fly American flag with a bald eagle in the center of it?

My HOA says it's a state law that I can't

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

Your HOA is correct. Under Arizona law, an HOA cannot adopt a rule that prohibits you from displaying the US flag in accordance with the federal Flag Act.

The federal Flag Act provides: "The flag should never have placed upon it, nor on any part of it, nor attached to it any mark,...
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1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Can A minor being charged with a crime be interviewed without a parent or attorney present..

Also can the News Media have rights to broadcast a minor identity as well as false information

James L. Arrasmith
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answered on Apr 6, 2023

In the United States, a minor who is being charged with a crime generally has the right to have a parent or attorney present during questioning. This is to ensure that the minor's rights are protected and that they are not coerced into making statements that could incriminate them.... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Arizona on
Q: Is there such a law as safe keeping towing by a government agency?? I lost nearly 80k plus in tools and vehicles

Trailers, van and Harley towed for safe keeping after arrested at campsite for misdemeanor ticket..BLM requested the tow knowing I would be back in less then 24 hrs..as the Sheriff said it was just protocol and I would be self released once processed.

James L. Arrasmith
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answered on Mar 2, 2023

There are generally laws that allow for government agencies to impound vehicles for safekeeping, but the specifics can vary by state and agency. Typically, the agency is required to provide notice to the owner of the vehicle and to provide an opportunity for the owner to retrieve the vehicle. If... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law for Arizona on
Q: How can the act of harvesting an animal to feed oneself require a license? I am basically required to have money to eat.

This has been bothering me more lately than usual as I am now homeless and have to feed myself and my dog with no money. I just cannot see how it is a legitimate per view of government to, in essence, require an individual to have the monetary capacity to feed themselves which is a basic human... View More

James L. Arrasmith
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answered on Mar 2, 2023

The requirement for a license to hunt or fish is based on the principle of conservation and management of wildlife resources. Hunting and fishing licenses help fund wildlife management and conservation efforts, such as habitat restoration, research, and education. Without these funds, it would be... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: Why would a judge order a dismissal and civil judgment in a civil rights suit?
James L. Arrasmith
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answered on Mar 2, 2023

A judge may order a dismissal and civil judgment in a civil rights suit for various reasons, such as:

Lack of evidence: If there is not enough evidence to support the plaintiff's claims, the judge may dismiss the case and enter a civil judgment in favor of the defendant....
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1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Arizona on
Q: How do I go about getting my son back. I was lied about in civil court and had a protective order placed against me

This came after I threatened my ex to have my son's mouth fixed because he had a mouthful of bad teeth. She took him from Utah to Colorado and left him with his half sister whom he had never met and she filed for emergency guardianship due to neglect. All of which was taking place without my... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

I'm sorry that I didn't see this sooner. I hope your son is with you now.

If he is not, you need to talk to a family law attorney in the state where he currently is about what you need to do to get that state to enforce the order of this Court.

If he is in Arizona,...
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1 Answer | Asked in Contracts, Arbitration / Mediation Law, Civil Rights and Education Law for Arizona on
Q: This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

The case starts with discrimination and a huge negligence issue all the way to the Dean of that building. Then the VP of Student affairs emailed me several times (she... View More

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Obviously a case of this nature is not something a novice attorney ought to be handling. And, of course, it would be foolish to bring without an attorney at all.

There are a few attorneys who regularly sue colleges and universities for discrimination. Occasionally, advocacy groups fund...
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