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Questions Answered by Brian Strickman
1 Answer | Asked in Criminal Law for Arizona on
Q: Who do i contact if i think someone is trying to committ fraud
Brian Strickman
Brian Strickman answered on Aug 13, 2013

This depends on what you are referring to as fraud. The Arizona Attorney Generals Office handles certain types of misrepresentation. There website is provided here: https://www.azag.gov/complaints

There is civil non-criminal fraud in which case the party that is wronged would need to contact...
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1 Answer | Asked in Estate Planning for Arizona on
Q: I found some certificate of shares when my grandmother passed away, is there anything I can do w/them?
Brian Strickman
Brian Strickman answered on Aug 1, 2013

The answer to this depends on several factors. First is whether the certificates are currently even valid. If they are then it will depend on the terms of your grandmother's will, or who would've received the shares in intestacy. There may even be other instruments like a Trust that direct what is... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: How do I find out the status of a bankruptcy filing?
Brian Strickman
Brian Strickman answered on Aug 1, 2013

You can actually view them at the public access computers at the clerk's office if that's convenient. You can also go online to the Public Access to Court Electronic Records site: http://pacer.uscourts.gov and lookup the information, or you can call 1-866-222-8029. Information about the McVIS phone... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If you have to register as a sex offender in the US and move to another country does it automatically transfer
Brian Strickman
Brian Strickman answered on Aug 1, 2013

While the U.S. is trying to track sex offenders internationally, at this time that legislation has not gone into effect. Moreover, many countries do not even have sex offender registries, for those that do then you would need to consult with their registry requirement laws.

1 Answer | Asked in Criminal Law for Arizona on
Q: How do I find my husband's court case information?
Brian Strickman
Brian Strickman answered on Aug 1, 2013

The following is the link to lookup case information for a criminal case in Arizona Superior Court.

http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/Index.asp

1 Answer | Asked in Business Law for Arizona on
Q: Do I need special licensing to open a non-profit sober-living facility?
Brian Strickman
Brian Strickman answered on Jul 15, 2013

The requirements will actually depend on the city you live in, as you will have to comply with zoning requirements and/or any special required licensing. As a non-profit you will also need to comply with IRS regulations.

1 Answer | Asked in Health Care Law for Arizona on
Q: If an individual appoints multiple medical powers of attorney, must they all agree on decisions? Who presides?
Brian Strickman
Brian Strickman answered on Jul 15, 2013

This is going to depend on how the multiple individuals are appointed. If they are appointed in a single power of attorney, and there is no direction as to whose decision will overrule the others then it will likely go to court. If there are conflicting documents appointing the power of attorney it... Read more »

1 Answer | Asked in Civil Rights for Arizona on
Q: Can i get the money d.o.c took from me from "room and board?"
Brian Strickman
Brian Strickman answered on Jun 25, 2013

No, Arizona law permits the DOC to charge prisoners. The laws permit the "room and board" charge and also a charge of up to $2 per month for utilities. Please see ARS 31-254 and ARS 31-239. Other states have similar laws, and at least 1 US Circuit Court has upheld the constitutionality of these... Read more »

1 Answer | Asked in Health Care Law for Arizona on
Q: Can a guardian of an adult give permission for forced psychiatric medication
Brian Strickman
Brian Strickman answered on Jun 25, 2013

In general yes, because under ARS 14-5312 a guardian of an incapacitated person has the same general authority that a parent would have over their unemancipated minor child. The guardian is required to act in their ward's best interest.

1 Answer | Asked in Estate Planning for Arizona on
Q: How do I avoid my sons inheriting a h ouse they don't want when I die? I want no one to inherit it. What happens?

When my house goes into probate when I die do my sons have to take it if the court gives it to them. Do they legally have to take it . I will have no will and no power of attorney .

Brian Strickman
Brian Strickman answered on Jun 19, 2013

In an intestate situation (where there is no will) an heir does not have to accept their intestate share. If they refuse than it passes as if the heir actually died first. This means the house would go to the next person on the intestate hierarchy, who this person is depends on who is alive at the... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: What does it mean that my chapter 13 has been confirmed
Brian Strickman
Brian Strickman answered on Jun 19, 2013

It means that the bankruptcy plan for the Chapter 13 has been confirmed. There are several effects of having your plan confirmed. This means that the debtor (in this case you) and all of your creditors are now bound to your bankruptcy plan. In order to receive a discharge the debtor must perform... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: Do I need a lawyer to declare bankruptzy?
Brian Strickman
Brian Strickman answered on Jun 17, 2013

No, you can file without an attorney; however, I would recommend you hire an attorney. An attorney can help you maximize your exempt property, make sure you file for the correct chapter of bankruptcy, and can help insure the proper paperwork is filed.

1 Answer | Asked in Civil Rights for Arizona on
Q: The Town has violated my civil rights with thir community policing how do i proceed?

I currently live in Tucson where I have recently been the victim of their "community policing". Yesterday it was brought to my attention that there was an article in the local paper how the police and local citizens are stalking those they consider active criminals. i can provide proof of their... Read more »

Brian Strickman
Brian Strickman answered on Jun 17, 2013

In this type of situation you generally have to demonstrate that the police have violated a statute or constitution. A notice of claim must be filed, with the city that you seek to take action against, within 180 days of the incident, according to ARS 12-821.01. Since the question was asked in... Read more »

1 Answer | Asked in Civil Rights for Arizona on
Q: Is it illegal to disclose PHI involving drug use when the authorization obtained for the disclosure states "mental health"?
Brian Strickman
Brian Strickman answered on Jun 17, 2013

Is the question is it illegal to disclose protected health information pertaining to illegal drug use, when the healthcare provider has obtained an authorization to disclose mental health? It is difficult to answer this question without knowing more about what was authorized, and what the purpose... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: An AZ corp owes me $18k. They closed their office. How do I get listed as creditor/find out if they file bankruptcy?
Brian Strickman
Brian Strickman answered on Jun 17, 2013

You can use the public access to court electronic records to see if they have filed for bankruptcy. https://pacer.login.uscourts.gov/cgi-bin/login.pl?appurl=https://pcl.usc...

If they have listed you as a creditor then the trustee would provide you with notice.

1 Answer | Asked in Estate Planning for Arizona on
Q: If real property has not been transferred over into heirs name is it still legally the deceased owners property?
Brian Strickman
Brian Strickman answered on Jun 17, 2013

Most likely it is still part of the deceased's estate until their real property is distributed according to the terms of their will, or if there is no will by way of intestacy. How the real property will be transferred depends on a variety of factors as well. A probate attorney can assist you with... Read more »

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