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Arizona Constitutional Law Questions & Answers
1 Answer | Asked in Civil Litigation, Personal Injury, Civil Rights and Constitutional Law for Arizona on
Q: Is claim a validable claim for a law suit

I was incarcerated at Maricopa county jail on during January 26th of 2023 and I was in a psychiatric unit at lower buckeye jail and I was I happened to not feel good I was throwing up about 6 to 7 times that day and I had asked the deal if she could call the nurse or call the medical so that they... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

Based on the information provided, it is not clear what the claim is for. Please provide additional details and context for me to accurately determine if it is a valid claim for a lawsuit.

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... Read more »

1 Answer | Asked in Constitutional Law for Arizona on
Q: If the issue of competency is raised during an arrangement, by defendant. What is supposed to take place after.

What's is the due process when the issue of competency is brought up.

James L. Arrasmith
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answered on Mar 2, 2023

If the issue of competency is raised during an arraignment, the judge may order a competency evaluation of the defendant to determine if they are able to understand the charges against them and assist in their own defense.

If the defendant is found competent, the criminal proceedings will...
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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... Read 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... Read 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... Read 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,...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: AZ. Vehicle traffic stop for a taillight out. Baggie of medications (various pills) + an insulin syringe in plain sight.

When asked about bag of meds, Driver informs officer he is a Type 1 Diabetic but ran out of insulin, & is on the way home to retrieve spare insulin vial.

Driver also wearing a CGM (blood sugar monitor) & high blood sugar alarm repeatedly goes off during interaction. Would the... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

It would depend on what happened after the officer saw the medication and the syringe. If you are saying that the officer used that observation to extend the traffic stop for the tail light to investigate into drug possession--there may be a Forth Amendment issue here. The USSC has said there are... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: Can I be detained on property waiting hours for warrant. And when do I get property back after charges were dropped

There were 3 of us on my locked property who were detained for 4 hours waiting for a search warrant. We went to jail and released 5 days later with no explanation no court visits and no return of property. Can they use any evidence collected from that search to bring up charges later down the road

Steven Scharboneau
Steven Scharboneau
answered on Sep 10, 2022

The answer is it depends. There is a lot more information I would need to know to accurately answer that question.

If you were placed under arrest and there was sufficient probable cause for the arrest, then police can hold you until they get a warrant for a search. If they did place you...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: What constitutes possession of a firearm in Arizona?

My friend is a prohibited possessor. His wife put a handgun under their seat with the intention of taking it to the police department because she found it in a park where there were children playing. My friend was unaware of it's presence. He was stopped and the police officer charged him with... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Aug 14, 2022

A prohibited possessor charge in Arizona is actually called "Misconduct Involving a Weapon" and is a class 4 felony. This charge carries the potential for years in prison and depending on a person's prior criminal convictions, this charge could be a prison mandatory charge.... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: Revocation Hearing, Board said inmate WAVED to reinstate . Inmate told waving right to an atorney. Another hearing?

Inmate NEEDS supervision reinstated. It would have been granted but Board said Inmate WAVED- Inmate did not intentionally WAVE- He was misinformed when signed paper. What can inmate do now to get RELEASED?

Steven Scharboneau
Steven Scharboneau
answered on Aug 4, 2022

Thank you for your question, but I'd need to clarify some of the finer points to give a more accurate answer. First, was this a revocation hearing to revoke probation? If so, what type of probation? Also, I'm interested to know more about the board that said that rights were waived and... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: Can the police make you open yoir gate at gun point and search home ans yard and break into safe without a warrant?

They entered the yard handcuffed him at 10am searchead his home and found his safe broke into it found drugs and money and arrested him and served him aearch warrant at 120 pm while already in jail is that even ligal i thought you needed a warrant to search premises and their body cams were off... Read more »

Dwane Cates
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answered on Jun 3, 2022

Generally speaking, the government needs a search warrant to search your home. There are some exceptions such as exigent circumstances or imminent danger. You indicated that they served a warrant him later in the day. What really matters is when was the warrant issued by the Court. Again,... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Sexual Harassment and Criminal Law for Arizona on
Q: I would like to know if which lawyer is recommended in sexual misconduct cases of detention officer abusing his post.

Occured last December at the Yuma county jail. It happened to my boyfriend and several other inmates within the same pod. The detention officer was masturbating and finished at the inmates door while they tried to sleep.

Mike Branum
Mike Branum
answered on Feb 7, 2022

You would need to report this behavior to the Yuma County Sheriff. If you get no response there, you would next turn to the Arizona Office of the Attorney General.

While it is possible the inmates could sue in civil court, without an investigation and findings from a law enforcement agency,...
Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Arizona on
Q: Ex recorded a phone call between me and him for the police but he is a convicted felon is the recording inadmissible

Since he is a felon is the recording inadmissible or is it valid? Can police use felons to try to get things on you.

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

do you know how many criminal informants are felons? And every jailhouse snitch is probably a felon. So the answer is YES. Felons are used all the time to help secure convictions. That recording CAN be admissible. But that doesn't mean it MUST be. An experienced attorney who knows the rules of... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: Can I get out of jury duty for saying?

Can I get out of jury duty if I tell them my opinions wouldn’t be fair as a juror? Such as, I always side with law enforcement on every issue, which would make me too biased on the jury.

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

No attorney worth their salt would undermine the process of Jury Duty by telling you what you should say to get out of it. As much as people dread it, our society couldn't function without citizens willing to sit through trials and examine evidence to reach a conclusion.

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: Do they have 180 days to secure an indictment? Why would they close case open new one same charges different case number

I initially was arrested and released on a charge went through the whole court hearings go to sign my plea and the fill in Procecuter says to continue there's something more. So we continue and my lawyer says oh mix up with codefendants case # so scratch that and will continue for next hearing... Read more »

Mike Branum
Mike Branum
answered on Oct 11, 2021

Unfortunately this is standard procedure (at least in Mohave County where I practice, must be the same in Maricopa). The prosecutors can avoid having to prove their case before the judge and can just feed a bunch of nonsense to a grand jury and get an indictment. It's lazy and it SHOULD be... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: o you have the right to defend yourself from an arrest that you know is unlawful with the same force that the officer is

doing to you?

Mike Branum
Mike Branum
answered on Sep 3, 2021

I wouldn't recommend it. Technically, yes, but dead right is still dead. The appropriate time to challenge the legality of an arrest is not mid-arrest.

The answer would have been markedly different in Arizona in 1871 but this is 2021. Law enforcement has Motorola. Even justified use of...
Read more »

1 Answer | Asked in Employment Law, Constitutional Law and Employment Discrimination for Arizona on
Q: My husband was fired due to him having an 11yr old felony he reported when he was hired two weeks ago, is this legal?

Is this an unfair dismissal being that he was already working for two weeks? He was approached by his supervisor of two weeks who told him the company does not hire people with his type of charge. Which was a sexual offense. The company he was working at was a metal crafting company

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 27, 2021

Unfortunately, there is no law that prohibits employers from firing or refusing to hire individuals based on prior criminal convictions. However, if you believe your husband was targeted for termination for a different reason unrelated to his past convictions, then you should contact an Arizona... Read more »

2 Answers | Asked in DUI / DWI and Constitutional Law for Arizona on
Q: I got arrested because I unfortunately decided to rest my eyes for a sec while I was parked at the gas station.

I was scratching a lottery ticket and I didn't think I was sleeping but the cop said he was standing there for "5 mins" I was arrested and charged with 2 DUI's. Blew 0.00 blood could not be drawn and urine sample was taken. I told the officer that my pee would not be clean but I... Read more »

Matthew Maerowitz
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Matthew Maerowitz
answered on Jan 11, 2021

You should contact a criminal defense attorney as soon as possible. Peoria often draws blood so it is curious as you post blood could not be drawn. A urine test may have issues with the results. There also may be an issue as to driving or actual physical control. You should avoid posting any... Read more »

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1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: I was convicted of misdemeanor possession of offensive weapon in NYS in 1992. Will this prevent me from purchasing a

Firearm in my now residential state of Arizona. The p.o.w. charge was for a knife with knuckle holes laying in the back of my truck. Said knife is not illegal in Arizona so would that fall under state misdemeanor?

Mike Branum
Mike Branum
answered on Nov 18, 2020

It sounds like you are referencing a fourth degree weapons charge. That is a class A misdemeanor in New York, punishable by up to 364 days in jail. Since the crime you were convicted of does not carry the potential for incarceration over one year, you should be able to pass a background check. If... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: What happens if the purse that a meth shard was found inside of isn't in evidence for trial?

The police said they found a meth shard inside of my sister's purse. There isn't no purse in evidence or on her property list when she was booked in what Happens if the see so called purse isn't present at trial?

Stewart Salwin
Stewart Salwin
answered on May 3, 2020

The officer can still testify as to his observations. He is subject to cross-examination by the defense counsel. If there is a legitimate question as to whether the purse ever existed, that's something that could be argued at trial if a defense counsel, after reviewing the evidence in the... Read more »

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