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Questions Answered by Mike Branum

4 Answers | Asked in Criminal Law for Utah on

Q: Is it advisable to bring my paper to read my "testimony" off of? Or does that make for irrate judges?

This is for a second degree felony drug charge, I was offered a third degree felony and they would take off the DUI. i am shooting for a Class A misdemeanor with the DUI. I am a freelance writer, the "letter" is very proper in manner, persuasive yet honest. Court makes me nervous at times which... Read more »

Mike Branum answered on Aug 21, 2019

Depending on your county here in Utah, having a discussion with your lawyer (if you have a public defender) may be nearly an impossibility (Mr. Kollin would probably be shocked at how counties outside the Salt Lake area provide for indigent defense). If you are paying an attorney, I agree with Mr.... Read more »

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1 Answer | Asked in Family Law and Child Support for Arizona on

Q: Do I need to appear for an ORA if I was never served

My ex doesnt want to pay child support so he wants full custody. I have been primary parent from the beginning. There is an ORA and I have yet to receive anything.

He states he doesn't know where i live but he picks our children up from our home every Thursday.

Why is there a date... Read more »

Mike Branum answered on Aug 20, 2019

There are a couple of potential reasons how a date could have been set without you being properly served. The why is not relevant to the discussion. If you are aware of a court date, it is in your best interest to show up. You can argue that you have not been properly served but the court will have... Read more »

3 Answers | Asked in Criminal Law and Real Estate Law for Utah on

Q: How do i prevent someone from coming onto my property when they have been verbally instructed not to but still do.

There has been physical altercation between the individual and one of the residents as well. Despite numerous times of being told to not come onto our property or into our home the individual has continued to do so. It is the boyfriend of one of our children. Neither are residents.

Mike Branum answered on Aug 19, 2019

While it is possible that the entry would fall under criminal trespass, the complication arises if you are allowing your child to stay on the property for extended periods / overnight. If you are allowing your child to stay, the boyfriend may have a reasonable defense that he was invited by your... Read more »

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1 Answer | Asked in Small Claims for Arizona on

Q: I gave my brother 500 for rent nad deposit we haven't moved in so i wanted it back due to another altercation

Other altercation was a car i bought from my sister and he wont give the keys since it was in his name

Mike Branum answered on Aug 15, 2019

I would suggest you enlist a neutral third-party who your brother respects to assist you in reasoning with your brother. If he still does not return your money, you could file a small claims court action to recover your money. You will need to make sure you have documents which prove you handed... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on

Q: Our 16 yo granddaughter lives in Oregon is staying with us in Arizona. She want's to stay, where do we start OR orAZ

She has been in and out of CPS custody in Arizona 18 months, and a year or so in Oregon. There has been and is currently physical confrontations with her mother. She recently did a DNA test and found the man she called dad wasn't. She is afraid to return to Oregon because her "dad's" dad molested... Read more »

Mike Branum answered on Aug 14, 2019

If she has been living with you six months, you may file in Arizona. If she has lived in Arizona less than six months, you would need to file in whatever state she last lived in for six consecutive months. If she has been back and forth repeatedly and not truly established a state of residence, you... Read more »

1 Answer | Asked in Family Law for Arizona on

Q: Am I responsible for my deceased wife's debts in Arizona?

Mike Branum answered on Aug 14, 2019

The answer is the same as it is for almost every single legal question ever asked in the history of the law: it depends. If you and your wife entered into a debt together; in the absence of a clause forgiving the debt upon the death of either party, you more than likely are responsible for the... Read more »

1 Answer | Asked in Criminal Law and Municipal Law for Arizona on

Q: In the Arizona Revised Statutes, What is the Legal basis for an Attorney representing a hospital, to Quash a Subpeona?

I was arrested in the hospital for the charges of disorderly conduct/fighting ARS 13-2904A.1, I Subpeoned hospital staff involved directly in my care as witnesses for my defense.

Attorney for the hospital is going to argue in court today to have those Quashed. On what legal basis?

Mike Branum answered on Aug 14, 2019

Without seeing the motion or hearing the argument it is impossible to say with certainty, but I can give you an example of a possible argument: damage to the hospital if forced to comply. The hospital could argue that calling their employees to testify could place hospital policies and procedures... Read more »

2 Answers | Asked in Family Law and Child Custody for Arizona on

Q: In Arizona if the biological father has not had contact with child in more than a year does he still have rights?

Mike Branum answered on Aug 14, 2019

Until a court terminates his rights, a biological father retains them; so, yes, he does still have rights.

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2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Utah on

Q: so I am just wondering if I should get a laywer for my daughter my only thing is I dont have the money for one well

not a down payment my daughter is 11 years old and is getting charged with a felony and a class b misdominer her and a friend went to walmart and on the way in found a credit card went in used the credit card for like 15 .00 than tryed to pull money out at the ATM witch mind you did not work at the... Read more »

Mike Branum answered on Aug 7, 2019

Your daughter is entitled to a court-appointed attorney. I am not sure a privately-retained attorney would have much advantage over the public defender in this case.

Hopefully your daughter can get some assistance coping with the losses she has sustained in her young life.

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2 Answers | Asked in Family Law for Arizona on

Q: My father was order to pay child support on my brother and I back in 1973, but he moved back to Puerto Rico.

My father abandon us, for years he got away with moving back and fourth to Camden, NJ to Puerto Rico so he would have to pay child support. Do I have any rights as his daughter.

Mike Branum answered on Aug 7, 2019

If he is residing in Puerto Rico, you are, unfortunately, out of luck. Puerto Rico's statute of limitations on collection of child support arrears is five years after the age of majority or emancipation. Since you and your brother both had to be alive in 1973 in order for your genetic donor (this... Read more »

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1 Answer | Asked in Family Law for Utah on

Q: While separated with a child, do the 2 parties involved must keep each other informed of an address change?

Mike Branum answered on Aug 5, 2019

Unless there are accusations of domestic violence, it is always a good idea - during separation, while the divorce is pending, and after the divorce is finalized - to keep the other parent informed of any change in address or phone number. Your marriage may be ending, but you are stuck with your... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on

Q: What are the laws on someone being charged for DV months afterwards, with no police report being filed at the time

There was no report filed when the so called DV happened more than month later arrested then three months later charged for something said after the DV occurred. Please tell me that cannot happen is there a law on how long someone can be charged with,DV after the incident occurs. From arizona... Read more »

Mike Branum answered on Aug 1, 2019

The statute of limitations for misdemeanor offenses in the State of Arizona is one year. If the police or prosecutor obtain evidence of a crime, they may charge an individual any time up to one year after the occurrence which they consider a criminal offense. Filing of a police report is not a... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Arizona on

Q: What do I do if am contacted by a detective about them confiscating a stolen firearm I purchased?

I recently had a firearm confiscated from me because it came back stolen.* I've never been convicted of a crime. *I even ran the serial numbers in numerous data bases to make sure it wasnt stolen well come to fund out it was. Now the detective wants to talk to me. I fear that what I say will be... Read more »

Mike Branum answered on Jul 30, 2019

I try very hard to never answer a question with merely "you need a lawyer." If someone is asking a question on an Ask-a-Lawyer website, I figure they likely suspect it would be nice to have a lawyer.

So, the BEST way to protect your integrity and your father's reputation would be to hire an...
Read more »

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3 Answers | Asked in Criminal Law for Arizona on

Q: My son is 20 is going to graduate from college, works, has his own car, apparment. Excellent kid!. He has a court order

Class 6 ,he hit someone in the nose by accident when he was having a bad reaction to pot,he wasn't arrested, can he get his charges dismissed with maybe a fine and probation?

Mike Branum answered on Jul 30, 2019

One or the other is possible, but not both. The likelihood of the charges being dismissed without counsel is nearly zero. The prosecutor may offer a plea deal or may wait to see what action you take on his court date. Unless serious bodily harm was done, it is unlikely a sentence would include jail... Read more »

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1 Answer | Asked in Family Law for Arizona on

Q: I have guardianship of my grand daughter in California, how do I get it in Arizona

Mike Branum answered on Jul 26, 2019

This website lays out, in detail, how to navigate the process. There are numerous court websites in Arizona (Maricopa's being one of them) that have many resources for those who need self-help legal services.

https://mymodernlaw.com/transfer-guardianship-arizona/

1 Answer | Asked in Divorce and Family Law for Arizona on

Q: Since I do not contest any of the orders in the petition, do I need to still file a response?

My husband had me served with a petition, but I do not contest any of the orders. We already have a final divorce decree being worked up.

Mike Branum answered on Jul 23, 2019

If you are absolutely sure you agree with each and every order in the petition, the only downside to not filing a response would be a delay in being able to file your consent decree. Your husband can file for default if you do not respond within 60 days. 60 days after that the two of you can file... Read more »

1 Answer | Asked in Family Law for Arizona on

Q: My ex of 13 yrs and father of 2 children never married. He moved out 2 mo ago.So far hes only given me $50 on groceries

He wants the kids 50% of the time starting aug 1st to avoid child support. I also just lost my job a wk ago. I need help with school uniform, kids shoes, and my daughters braces $100/mo plus groceries for my kiddos. Before we broke up I was the one who always provided for them which is why I... Read more »

Mike Branum answered on Jul 22, 2019

You likely can if you are willing to put in the work. I would recommend visiting https://www.azcourts.gov/selfservicecenter to find the forms and guidance you will need to petition the Court for a child support order if filing in Arizona. If you are filing in California, you will need to look for... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on

Q: complying with court orders and doing what im supposed to do as a good citizen does but im a known felon and easy target

I was outside a friends house at the end of driveway by the street polishing my motorcycle minding my own buis not aware of anyone home because nobody answered. The house was raided earlier that day before i showed up and i did not know this at this time however apparently there was a jacket found... Read more »

Mike Branum answered on Jul 19, 2019

Sounds like a very weak case. If you already have a past with the officer, he can arrest you even if he knows the charges will not "stick." If you have not had a preliminary hearing yet, that will be the opportunity for your attorney (PD or retained) to make the case that there is not enough... Read more »

1 Answer | Asked in Family Law and Child Support for Arizona on

Q: In Arizona. I signed an affidavit of paternity thinking I was father. DNA test says I'm not. I understand it's going to

be difficult. Mother also signed but was only 17 when signed. I called DES and they said that if you're old enough to have baby they accept.

Is this legally correct?

Hoping to void because of this.

Mike Branum answered on Jul 16, 2019

Under A.R.S. 25-812(E), voluntary acknowledgements of paternity not rescinded within 60 days of the last signature may only be challenged on the basis of fraud, duress, or material mistake of fact with the burden of proof on you as the challenger. If you prevail, you will have no further obligation... Read more »

1 Answer | Asked in Family Law for Utah on

Q: Can I subpoena my spouses phone records to prove infidelity and criminal activity so that she could manipulate DV laws?

I dont want to take property or personal belongings from her. I just want to prove that i was not doing anything to make her do those things. I want to protect my finacial sources and truck while im getting divorced. Also i dont know if that would help with possible resopsibilities i might be have... Read more »

Mike Branum answered on Jul 16, 2019

Most divorces settle prior to trial. You should have your attorney request the records in discovery. They could be useful in negotiations. Unless you can prove she used marital assets to support her infidelity (gifts, travel expenses, money spent on hotels), you will likely not be able to alter... Read more »

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