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Questions Answered by Mike Branum

1 Answer | Asked in Family Law for Arizona on

Q: My son went to go visit my mom. She is refusing to bring him back. She doesn't have custody of him.

My son went to visit my mom out of state. She and I have a signed agreement that he is to return tomorrow. She is cut off all communication with my son and is refusing to bring him back. She has no type of custody of him.

Mike Branum answered on Jun 9, 2019

The crime in question is called custodial interference. If the deadline for the return of your son passes without him being returned to you, I would contact your local law enforcement agency. There are potential claims in a civil action as well. You would need to contact an attorney to discuss the... Read more »

1 Answer | Asked in Divorce for Arizona on

Q: If your husband files for divorce in state of Arizona is no fault state can he still divorce me

Mike Branum answered on Jun 9, 2019

You can request a conciliation meeting if you wish to try to save the marriage but, ultimately, you cannot stop the divorce if your husband is set on getting divorced.

1 Answer | Asked in Criminal Law for Arizona on

Q: Can 2 people be charged with same charge one was sentenced to probation other party was dismissed without prejudice

Charges have been refilled after almost 3 years

Mike Branum answered on Jun 9, 2019

The short answer is yes. If the statute of limitations (the time frame in which the prosecutor must charge a defendant for a crime after commission of the crime) has not "expired" (the technical legal term is "run"), the prosecutor may charge a second defendant for the same crime. This often occurs... Read more »

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

Q: I was granted sole custody of my son about 8 years ago. His father went to prison and now is trying to push visitation

Without court involvement. He hadn't been in contact since 1 year after sentencing. How do I handle this?

Mike Branum answered on Jun 8, 2019

Make sure you keep a copy of the court order in case law enforcement involvement becomes necessary. The child's father will have to go to court to modify the child custody order. If his parental rights were not terminated, he may have some grounds to request the court order visitation but after... Read more »

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

Q: My nephews mother through him out . He is 16 in California can I bring him to Az ?

He tells me she drinks all the time and dates he is a good kid is getting his diploma online and working a part time job. I have an apt with an extra room he can stay with me. Any info will be helpful.

Mike Branum answered on Jun 8, 2019

If she has thrown him out, she may be willing to agree to let him stay with you. You should draft a simple agreement stating that she is giving you guardianship, power of attorney, and legal decision-making power and have her sign it in the presence of a notary public. There are numerous websites... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: If someone (not a family member) disinters a body, and reinters the body at the same location, is it illegal?

I'm writing a screenplay based on true events, and one of the crimes the main character commits is disinterring a body without a permit. He's not a family member. He's using the organs of the corpse to replace the ones in the body of a woman he murdered. So my full question is this: If a person... Read more »

Mike Branum answered on Jun 7, 2019

Yes. A.R.S. 41-865. Disturbing human remains.

A. A person shall not intentionally disturb human remains or funerary objects on lands, other than lands owned or controlled by this state, any agency or institution of this state or any county or municipal corporations within this state,...
Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Traffic Tickets for Arizona on

Q: Az new bill driving on suspened revoked does not result in impoundment of vehicle what if your driving with no license

The person was driving w/ no license a vehicle belonging to another person who was not present when pulled over for a wrongful turn.

Mike Branum answered on Jun 6, 2019

They eliminated suspended license as justification for impounding a vehicle but a REVOKED license will still get the vehicle impounded. Since no license is equivalent to revoked, law enforcement will likely impound the vehicle. The registered owner can petition for an early release of the vehicle... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: can a person get an aggravated assault charge set aside in the state of Arizona

Mike Branum answered on Jun 6, 2019

The short answer is "yes." Most courts will expect you to have completed all the requirements of your sentencing before considering a set aside but even that is not a hard and fast rule. I would imagine your chances of success would be higher if you HAVE successfully completed any jail time,... Read more »

1 Answer | Asked in Family Law for Arizona on

Q: i am needing to move out of state with my 13 year old daughter. I left my husband 3yrs ago,what do I need to do?

He has only seen her twice at the very beginning,we are still legally married,he doesn't pay child support and I don't really care about that, I live in Glendale,Az,and I am not working right now

Mike Branum answered on Jun 6, 2019

I would refer you to http://clsaz.org/family.html. On Community Legal Services' website there is self-help information and other links to guide you in the right direction. A divorce decree and parenting plan with everything outlined would be the best solution but may not be a valid option for you.... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: Is it aggravated when u violate IPS or get a new charge on it

Mike Branum answered on Jun 1, 2019

Since I cannot imagine you were placed on IPS for a misdemeanor charge, I will assume the conviction which landed you on probation was a felony. Previous felonies are one of the factors that a sentencing judge may consider when determining whether or not to hand down an aggravated sentence. Your... Read more »

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

Q: I have recently found out my son's dad is never home with his son and his dad girlfriend has been taking care of my son

Since his dad is failing on taking care of him can I pick up my son to live with me no custody has been established

Mike Branum answered on May 24, 2019

It sounds like you have some type of informal, verbal agreement for custody. You would be ill-advised to just "pick up your son to live with you" regardless of a formal custody agreement.

The first step, in my opinion, would be to have a conversation with the child's father, express your...
Read more »

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

Q: How can I get a hospital to give me info on a newborn relative?

My brother and his girlfriend just had a baby. They both have drug issues. I tried to get info from the hospital but they evaded me and wouldn't say anything. No idea how the baby is doing and haven't even seen her yet, she was born a week ago. Was getting ready to start paperwork to take custody... Read more »

Mike Branum answered on May 24, 2019

This is a very small amount of information in what is almost certainly a complex situation. With that caveat, the short answer is: you can't. There is no "how." The answer is just "no." You do not have a right to the information. It is a violation of federal law for the hospital to provide you any... Read more »

1 Answer | Asked in Family Law for Arizona on

Q: Family law - can someone explain what exactly this means...

"Further, if a parent due to unforeseen circumstances, cannot exercise parting time with the minor child although that parent shall not be entitled to replacement time, such failure shall not be deemed a waiver of any provision of this parenting time plan." - my sons dad is in a drug rehab facility... Read more »

Mike Branum answered on May 6, 2019

Your question is a little confusing because you mention the child's dad "demanding" but then later ask if you are "entitled." From what I can gather from your question, the child's dad cannot demand that you take the child to his parents' home. Unless the grandparents were assigned custodial... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: Can I record my neighbor's front yard from my house? I did it to catch him committing a crime that I witnessed.

I did call the police and showed the 2 officers that responded. They went to talk to the neighbor and then came back and told me to file a injunction against harrassment. They did not do anything to the neighbor that urinated outside. The front yard of the neighbor is open to a public road. They... Read more »

Mike Branum answered on May 6, 2019

Can you videotape your neighbor in his front yard? Yes. The important question here is: would your neighbor have a reasonable expectation of privacy in whatever location you are filming him in? If the answer is no, as it appears to be here, then you may capture video without breaking Arizona... Read more »

3 Answers | Asked in Criminal Law for Utah on

Q: I ended up getting him drugs thinking that he was an old associate of mine but he was really an undercover cop that got

Is that entrapment

Mike Branum answered on May 6, 2019

While the law enforcement behavior may constitute entrapment, the more important question is: does pursuing the entrapment defense provide you the best outcome for your case? There are a number of factors that go into assisting you in making that determination including, but not limited to: your... Read more »

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1 Answer | Asked in Family Law for Arizona on

Q: Are there any pro bono attorneys in Mesa, AZ for Family law? I have an order for emergency temp orders and need help.

The original case was final in March this year but there are serious things happening with father that need to be address and have child safe. I filed for emergency orders and the judge set a trial for June 4 this year. I need help getting the documents together, serving my ex with the papers... Read more »

Mike Branum answered on May 3, 2019

Please visit clsaz.org. Community Legal Services has closed their Mesa office but the Phoenix office serves all of Maricopa County. The office is located at 305 S. 2nd Avenue (85003). Their phone number is 602-258-3434 or you can email them at infocpo@clsaz.org.

I hope that helps!

1 Answer | Asked in Criminal Law for Arizona on

Q: Is there any conflict with a City Attorney filing on behalf of a plaintiff who is a personal friend of the family

The defendant is a city employee

Mike Branum answered on May 2, 2019

Your question is in criminal law but there is no plaintiff in criminal law. Without any further information, it seems there would definitely be a conflict if a city attorney were representing a civil plaintiff against a city employee but that conflict could likely be waived by the plaintiff. I... Read more »

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

Q: Last year my divorce/parenting plan was signed off in Georgia. I have since moved To Arizona following my court order

Last year my divorce/parenting plan was signed off in Georgia. I have since moved To Arizona following my court order and have been a resident of Arizona along with my children for just over 6 months. My children’s father still lives in Georgia. We are in a dispute as our parenting plan... Read more »

Mike Branum answered on Apr 29, 2019

Since the original agreement was entered into in Georgia and the child's father remains in Georgia, the State of Georgia will retain jurisdiction over the dispute (see the UCCJEA for further information). Georgia MAY turn jurisdiction over to Arizona, but you would need a compelling reason and if... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on

Q: First offense, F3 for aggravated assult count 1 and 2 for exactly the same. Dismiss chg Endangerment, dui and hit/run

Got sentence 3yrs imprisonment Adoc. Imprisonment probation. Can a defendant be charge twice for the same charge?

Mike Branum answered on Apr 28, 2019

Yes. If the state identifies three separate victims or three separate instances, they will file a charge for each. If found guilty of multiple counts, the judge can run the sentences at the same time or one after another.

1 Answer | Asked in Criminal Law, Civil Rights, Employment Discrimination and Landlord - Tenant for Arizona on

Q: Can landlord/employer come into your home and take all your belongings

My landlord /boss and I had a falling out so I decided just to move out.ss I'm moving landlord /boss comes and takes all my property and personal belongings

Mike Branum answered on Apr 26, 2019

No. This is an invasion of your right to privacy and your rights as a tenant. If you can afford a retainer you should probably hire an attorney. It may be difficult to find an attorney who will take this case on a contingency basis but it is possible. If you have limited income you may qualify for... Read more »

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