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Questions Answered by Mike Branum
1 Answer | Asked in Criminal Law for Arizona on
Q: How long is normal to wait for information regarding your case from an attorney hired for prefile representation in AZ?

It has been 17 days since I hired an attorney to represent my adult son who is on the Autism Spectrum; in a pre file case regarding false allegations of sexual misconduct toward a child that were filed against him in a police report. We have provided documentation regarding my son's medical... Read more »

Mike Branum
Mike Branum answered on Oct 16, 2019

A lot depends on the status of the case and whether there are any deadlines. Many, if not most, attorneys have a large number of active cases and must prioritize. If charges have not been filed yet, the attorney cannot even request discovery from the prosecutor. Until your attorney knows what... Read more »

2 Answers | Asked in Legal Malpractice, Criminal Law and Constitutional Law for Arizona on
Q: Is there a perceived or actual conflict of interest resulting from a former prosecutor turned legal defender?

Recently a case was assigned to a public defender (former prosecutor) to defend a man whos father had been prosecuted successfully by the same attorney many years prior. The son's case is not of the same charges as his father's prior case, however, the attorney remains in the same jurisdiction,... Read more »

Mike Branum
Mike Branum answered on Oct 11, 2019

If he SUCCESSFULLY prosecuted the father, he sounds like he's qualified. If there isn't another reason to all for another attorney, you may want to leave or alone. You have to be careful what you wish for. Your "new" attorney might be less to your liking than the one who or the father in jail.... Read more »

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1 Answer | Asked in Family Law for Utah on
Q: I'm an unmarried father in Utah of 3 boys. Have lived as a family since the begining to present. Can I get 50/50 custod

Ages 7, 5 and 3. I am on birth certificates. Really have been living as a normal family with mother for 7 years till present. Just have never been married. Our neighbors are even shocked at times to hear we were never legitimately married. We're ending on good terms for the most part but the one... Read more »

Mike Branum
Mike Branum answered on Oct 1, 2019

You will likely be hard-pressed to find an attorney willing to give you your chances. I will tell you that the request, based on the extremely limited amount of information in this Ask-a-Lawyer post, is reasonable. If you are willing to actually be responsible for taking care of the children 50% of... Read more »

2 Answers | Asked in Criminal Law for Arizona on
Q: 2018 my wife was charged with Felony Fleeing it has been over 1/1/2 yrs ago now she is charged Help ??

Feb 2018 my wife was arrested for felony fleeing.The police arrested her from our home.The police refused to allow her to make arrangements for our 3 minor children who were left in the home alone overnight leaving her open to child neglect charges on top of felony fleeing. I was deployed in... Read more »

Mike Branum
Mike Branum answered on Sep 26, 2019

It is difficult to determine whether you are indicating that you are in transit or you are supposed to be getting ready to return to the sandbox. If you have not left yet, you need to change your orders. If you are outside CONUS, you need to request emergency leave and COME HOME. Your children... Read more »

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2 Answers | Asked in Criminal Law and DUI / DWI for Utah on
Q: Expired BAC test tube validity?
Mike Branum
Mike Branum answered on Sep 26, 2019

Results should be suppressed. You have won the lottery! Has to prosecutor offered a plea deal yet? Don't expect your case to be dismissed, mind you, but the state now has a much harder than ahead of them.

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2 Answers | Asked in Family Law for Arizona on
Q: How does a father get on a birth certificate if mom is dead in arizona

My boyfriends 4 year old sons mom died 2 years ago. My boyfriend is not on the birth certificate because she changed it with out his knowledge. I paid for a dna test and it is his baby. Now were stuck on how to get my boyfriend on the birth certificate without her. Again we live in arizona. Thank... Read more »

Mike Branum
Mike Branum answered on Sep 24, 2019

The process is called "adjudicating parenthood." If you are in Maricopa County, you may use the forms found at https://superiorcourt.maricopa.gov/media/2971/drp1z.pdf. If you are outside Maricopa County, you may be able to find similar forms on your county court website. You may also use the... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Arizona on
Q: I was arrested and held for 6 days then let out lack of evidence can I sue?

I went to the police station to pick up an restraining order my ex gotand was charged with stalking and criminal damage

Mike Branum
Mike Branum answered on Sep 21, 2019

The question is never "can I sue?" (because that answer is always yes), but "SHOULD I sue?" (or "is it worth my time to sue?" In this case, the answer would be no. Law enforcement agencies are immune from most lawsuits and your suit would almost certainly fail very shortly after being filed. I know... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I live in Arizona . First time offense Assault with a deadly weapon c4 and intimidation with a deadly weapon. I'm scared

Just wondering if there's anyway to not go to jail. I'm the only one who provides for my family at the moment

Mike Branum
Mike Branum answered on Sep 19, 2019

If your criminal record truly is completely clean, you should be able to negotiate a plea agreement which avoids jail time UNLESS someone was injured (particularly seriously injured) in the incident. If you can hire your own criminal defense attorney you will have much less frustration than if you... Read more »

1 Answer | Asked in Family Law and Divorce for Arizona on
Q: is it considered spousal abandonment when one spouse who is the caregiver to the other that is an ailing veteran without

Leaves without informing and intentionally not telling them they petitioned for divorce.

Mike Branum
Mike Branum answered on Sep 19, 2019

Likely not. You must be married to be guilty of spousal abandonment. The divorce would terminate the obligation to support the spouse. Additionally, the statute is focused on financially abandoning the spouse. In this instance it appears you are referring to the emotional support and assistance... Read more »

1 Answer | Asked in Business Law and Small Claims for Arizona on
Q: how do I have someone arrested or charged with theft of services

I provided services to an Airbnb home for 3-4 months. the owners have not paid for the last 3 months.

Mike Branum
Mike Branum answered on Sep 19, 2019

This is a civil matter (contract dispute). If the amount is $10,000 or less, you may file a claim through small claims court without hiring an attorney. You must make sure that you have any documentation of your agreement or the services you provided and if you are to present any witnesses you need... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: What should I file after County Attorney file motion to strike my motion to clarify?

MOTION TO STRIKEMOTION TO CLARIFY FILED BY “Soandso POA” The State of Arizona, by and through undersigned counsel, request this court strikeMOTION TO CLARIFY filed on September 12, 2019 by “Soandso POA .”

Undersigned counsel has cross referenced that name with attorneys licensed... Read more »

Mike Branum
Mike Branum answered on Sep 14, 2019

You need to file an opposition.

If you are facing serious charges, you are taking an enormous risk in representing yourself. Even if you are assigned an overworked public defender, you are better off working with a licensed attorney than "winging it" by yourself.

1 Answer | Asked in Contracts, Criminal Law, Employment Law and Workers' Compensation for Arizona on
Q: Live in caregiver and client’s son verbally agreed upon a set payment amount and schedule but still hasn’t been paid.

I was asked by a friend to move to Arizona from San Diego into his mother’s house to be hired as her live in caregiver. Her son and I agreed to a set rate and payment schedule, and verbally confirmed our agreement several times, and though I’ve been here for 4 months now, I haven’t been paid... Read more »

Mike Branum
Mike Branum answered on Sep 13, 2019

You would need to file a small claims action. It will need to be filed in Arizona, which may be difficult if you move it and move back to Cali.

1 Answer | Asked in Family Law for Utah on
Q: ok I live in the state Az and I already have court orders here but just had to go to SLC Utah because

well I have been trying to enforce any parenting time I was given but the father has sent my daughter out of state to Utah with his mother at first and she was only suppose to stay out there to visit with grandma because she has cancer and wants to spend time with her , anyways the dad is here in... Read more »

Mike Branum
Mike Branum answered on Sep 11, 2019

If you have a custody agreement in Arizona, you need to file for a modification. If the father has primary custody and is homeless, it will be difficult for him to argue the child would be safe in his care. You could also file a complaint with child protective services when you file your petition... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Utah on
Q: What happens when a judge addresses the jury outside the presence of counsel or defendant?

The judge addressed the jury during deliberations in a death penalty case without the defendant or his attorney being present. No notes were made in the trial transcripts of the judge ever talking to the jury members. A jury member stated afterwards that her mind had been made up after the judge... Read more »

Mike Branum
Mike Branum answered on Sep 6, 2019

Yes. If the judge had a conversation with the jury off the record without defense counsel present, an appeal should be filed.

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1 Answer | Asked in Family Law and Juvenile Law for Arizona on
Q: Regarding title 36 for a minor in AZ is that possible with parental request? Minor is 9 years old...

Minor is a danger to self and others

Mike Branum
Mike Branum answered on Sep 6, 2019

The short answer is yes. If he is an eminent danger to himself and others, you should contact law enforcement to have him transported for emergency commitment and evaluation. If more prolonged treatment is required, the facility will be able to assist with filing the Title 36 paperwork.

1 Answer | Asked in Criminal Law for Arizona on
Q: How can i find out the details of a murder and if anyone was charged with her murder in pima county, az

A body was found in the desert of my friend, Cynthia Klein, in or around 1975-1977. I was interviewed at my nursing school about Cynthia’s routine. Her parents came to town, i think from MI, and she wasnt home. They didn’t think the body found was hers but I did. It was her. I’ve always... Read more »

Mike Branum
Mike Branum answered on Aug 27, 2019

You would have to request records from the Pinal County Sheriff. The information about their records department may be found here: http://www.pinalcountyaz.gov/Sheriff/Pages/Records.aspx. You may have an easier time obtaining access if you work with a surviving family member like a brother or... Read more »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: My father passed away now mother's power of attorney is taking things from my dad's company how do I stop it?

Mother's not very compressive to what's going on. And these things belong to me

Mike Branum
Mike Branum answered on Aug 27, 2019

It is impossible to provide you with a quality response because there are so many missing details and the information you have provided could be interpreted in different ways. That said, IF all of your father's possessions passed to your mother and IF the POA has the authority to handle her... Read more »

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
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
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
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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