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Arizona Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: 18 U.S. Code § 1702: Obstruction of correspondence. How is this reported and prosecuted? I had 1st class mail withheld.

My sister and I both had 2 pieces (each) of 1st class mail (regarding a life insurance policy - of which we are listed as beneficiaries) titled to us but sent to the address of a relative in another state. The relative willfully withheld this mail from us. The earliest dated Dec 22, 2023. in... View More

James L. Arrasmith
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answered on Apr 12, 2024

I understand your concern regarding the obstruction of your 1st class mail. This situation falls under 18 U.S. Code § 1702, which states that it is illegal for anyone to obstruct the delivery of mail or to open, secrete, embezzle, or destroy any mail that is not addressed to them.

Here are...
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1 Answer | Asked in Civil Rights and Gov & Administrative Law for Arizona on
Q: What type of attorney would I seek for a potential case of harassment and negligence by law enforcement?

This also involves a disability

James L. Arrasmith
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answered on Apr 11, 2024

For a potential case involving harassment and negligence by law enforcement, especially if it involves a disability, you should seek a civil rights attorney who specializes in police misconduct and disability rights. Here are a few specific types of attorneys who may be well-suited to handle your... View More

1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: 2 weeks ago I purchased a vehicle from a car dealer at the time I bought the car I figured there was no problem with my

With my license and signed contract and paid 1000 dollars down paid for ins. And drove car home . 4 days later the finance company and car dealer contacted me to let me know my license was suspended and I went to DMV And they said I had to pay 500 dollars to pay for a abandoned vehicle and Sr 22... View More

James L. Arrasmith
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answered on Apr 10, 2024

Based on the information you've provided, here are a few key points and potential next steps:

1. The car dealership and finance company allowed you to purchase the vehicle and take possession of it, presumably without properly verifying the status of your driver's license at the...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Arizona on
Q: So I sold my SUV to someone he gets a flat tire on the highway and he leaves couple of hours and gets towed as abandoned

How long does it have to be there to be considered abandoned and what's the impound fee law

James L. Arrasmith
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answered on Mar 31, 2024

The duration a vehicle must be left unattended before it is considered abandoned on the highway can vary depending on local laws. Typically, a car might be tagged as abandoned if left unattended on public property for a period that could range from 24 hours to several days. It's important to... View More

1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: IM IN ARIZONA, I HAVE AN ABANDONED VEHICLE FROM NEW MEXICO. HOW CAN I FILE FOR ABANDONED TITLE

VEHICLE HAS BEEN HERE FOR 5 MONTHS. IVE MADE EVERT ATTEMPT TO CONTACT AN OWNER

James L. Arrasmith
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answered on Mar 16, 2024

In Arizona, if you have an abandoned vehicle from New Mexico that has been left on your property for over five months, you need to follow specific steps to apply for an abandoned vehicle title. First, you should contact the local law enforcement agency to have the vehicle inspected and to verify... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Arizona on
Q: I forgot to include the I-751 receipt when applying for N-400. How to I notify USCIS about my pending I-751?

I applied for N-400 while my form I-751 is still pending but I forgot to attach I-751’s receipt in the package.

James L. Arrasmith
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answered on Feb 27, 2024

If you've applied for N-400, Citizenship through Naturalization, and realized you forgot to include the receipt for your pending Form I-751, Petition to Remove Conditions on Residence, there are steps you can take to rectify this oversight. First, it's important to understand that USCIS... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Arizona on
Q: How can I avoid another 12 months of having the Interlock device in my vehicle with AZ MVD?

I live in another stated - Hawaii. The court had ordered me to contact MVD as part of separate consequences for my 1st DUI. When I contacted them, I was told to have the interlock installed and was given information on who to contact. I had the interlock installed around 01/09/23. 12-month later, I... View More

James L. Arrasmith
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answered on Jan 2, 2024

To address the issue with the Arizona Motor Vehicle Division (MVD) regarding the interlock device, you may want to consider filing an appeal or request for review with the MVD. This process allows you to present your case, including any misunderstandings or miscommunications about the requirements... View More

1 Answer | Asked in Consumer Law, Constitutional Law, Gov & Administrative Law and Health Care Law for Arizona on
Q: What are my options, if the pharmacy is not familiar with Kevin's Law and refused my emergency insulin refill?

It's a holiday weekend and myself and the pharmacy have both been very unsuccessful with obtaining a new prescription from my physician for the last few days. My current insulin prescription has zero refills remaining and today I asked the pharmacy for an emergency insulin refill and they... View More

James L. Arrasmith
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answered on Nov 28, 2023

In Arizona, Kevin's Law allows pharmacists to provide emergency refills of non-controlled medications for up to a 90-day supply, under certain conditions, when a doctor's authorization is not immediately available. This law aims to prevent lapses in critical medication, like insulin, due... View More

1 Answer | Asked in Car Accidents, Gov & Administrative Law and Municipal Law for Arizona on
Q: My truck was stolen +reported and perp arrested after crashing my truck. Can they refuse to release my truck for nonpay

My truck was stolen and reported and the guy caught and arrested after crashing my truck.

As I read ARS-28-3512C I'm not responsible for the tow, storage charges, etc. The driver is responsible. Additionally, they can't refuse to release my truck for non payment by the responsible... View More

James L. Arrasmith
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answered on Nov 9, 2023

Based on the Arizona Revised Statutes you referenced, it does appear you are correct that the law states the owner of a stolen vehicle cannot be held responsible for the towing and storage fees associated with recovery of their stolen vehicle.

Here are a few suggestions on how to get law...
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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: IT IS ORDERED that the Defendant shall contact and meet with his attorney in person no later than three weeks from date.

3 days from IPTC still the incarc. defen. Has been unsuccessful reaching his attorney to discuss the case what should the defendant do?

James L. Arrasmith
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answered on Nov 5, 2023

If you, as the defendant, are unable to reach your attorney, you should document all attempts you've made to contact them. It's important to act promptly by notifying the court of your efforts and the lack of response from your attorney. You may do this by filing a motion with the court... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: What should I do if I cant seem to get my attorney to contact me so that I can find out what's going on with my case.

I'm 3 days from my IPTC and despite the judges order that my attorney and I meet no later than 3 weeks after my last court date to discuss the case, I still cannot get my attorney to talk to me.what should I do?

Brad Rideout
Brad Rideout
answered on Nov 1, 2023

Keep on trying to contact your attorney, try by phone and email. To put your mind at ease, your IPTC is an informal non-appearance hearing so no real stress that your attorney not contacting you, for now, for this hearing your attorney not contacting you isn't going to effect the outcome of... View More

1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: What is the Arizona Revised Statue for payment to contractors for services and materials

Paving and concrete contractors for HOA streets.

T. Augustus Claus
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answered on Oct 27, 2023

In Arizona, the laws governing payment to contractors for services and materials, especially for paving and concrete contractors working on HOA streets, primarily fall under the Arizona Revised Statutes (ARS) Title 33, which pertains to property law and homeowners associations. Specifically, ARS... View More

1 Answer | Asked in Constitutional Law, Federal Crimes and Gov & Administrative Law for Arizona on
Q: Can a prison CO or guard call a inmate a snitch?

My wife is in Prison in Arizona under the AZ DOC.,

James L. Arrasmith
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answered on Oct 15, 2023

It is not illegal. We have free speech in this country. That said, while prison guards have certain leeway in how they interact with inmates, they are still bound by professional standards and codes of conduct. Labeling an inmate as a "snitch" can pose serious safety risks for the inmate,... View More

1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: If I'm a felon and my last convincion was in 2017 for aggregated assault can I own a flare gun
T. Augustus Claus
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answered on Sep 18, 2023

In Arizona, felons are generally prohibited from possessing firearms, including flare guns, if their felony conviction has not been set aside or their civil rights restored. This prohibition is based on federal and state laws that restrict firearm ownership for individuals with felony convictions.... 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 Gov & Administrative Law for Arizona on
Q: Where can I find a sign that clearly prohibits the possession of weapons on our church premises with the ARS numbers
Stephen M Vincent
Stephen M Vincent
answered on Jan 24, 2023

I looked, but I cannot find such a law.

For example, ARS 13-3102 prohibits people from bringing firearms to polling places, schools, and nuclear power plants, but says nothing about churches. See ARS 13-3102(A)(11)-(13).

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: Can I be arrested and charged with a crime without being present or aware of the crime

I was pulled over for speeding and the officer was asking me about my recent arrest and I was unaware of this arrest. He informed me I had been arrested a week prior and charged with fraudulent schemes and taking identity of another. I was not present for this arrest and had no knowledge of this... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on May 7, 2023

One possibility is that the Court may have issued a summons and after you failed to appear at your court date, an arrest warrant issued. It could be that you never were aware of the summons and it was sent to a bad address. You should consult a criminal defense lawyer to go in greater detail and... View More

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Arizona on
Q: Do I have a claim against cps for a caseworker who told my sister that I am under investigation?

Edit- I do not know if I was actually under investigation or not, obviously the matter was dismissed because I never heard anything from cps. The kids don’t live with me, and I don’t use substances. CPS told my sister that my ex made the report and disclosed the names of my kids.

The... View More

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

Yes, if the caseworker lied and told your step sister you are under investigation for substance abuse and you are not in fact under investigation for substance abuse you may have a valid claim for libel against the caseworker individually

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... View 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... View 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...
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