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Questions Answered by Mike Branum
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
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
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
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
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
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
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
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 »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: My father passed away in June of this year as a resident of Arizona.

My sister and I live in MA, My father was married to a woman who he shared no children and my sister and I were a previous marriage. He left no will. How do My sister and I protect our inheritance rights? The wife was hesitant to give us a photo album from our childhood never mind our inheritance.... Read more »

Mike Branum
Mike Branum answered on Jul 15, 2019

Under Arizona law, when a married person dies without a will and has children from a previous marriage, the children from the previous marriage are entitled to one-half of all property that belonged solely to the person who died and half of the deceased's half of the community property. What... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Municipal Law for Arizona on
Q: Is it legal to be arrested because of a warrant for not appearing in court if I never received court date information?

I was never served or received any court documents about appearing in court over non payment for a furniture rental. I had no idea there was a warrant out for my arrest. I rented furniture from a rent to own furniture company and fell behind on the payments. The company was unwilling to make... Read more »

Mike Branum
Mike Branum answered on Jul 15, 2019

Typically a judgment may not be entered without the plaintiff demonstrating proof of service. If you were not personally served, the plaintiff may have used an alternative method of service such as service by publication (where the plaintiff runs a legal notice in a newspaper that covers the area... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: I married my soon to be ex husband after only dating 3 months ... and quickly found myself in a scary/abusive marriage

After being married for only 6 months I filed for divorce to get myself out of such a bad scenario. Now my ex is trying to drag me through the mud... as I filed for divorce over one year ago and its still dragging out when we weren't together that long at all. In Arizona he doesn't have a right to... Read more »

Mike Branum
Mike Branum answered on Jul 12, 2019

Divorce can be brutal. My condolences; I have had a less than pleasant divorce myself but it sounds like your spouse is more hard-headed than mine was.

Bear in mind this advice is based on less information than your average Tweet. You mention being under oath, I am presuming you must have...
Read more »

1 Answer | Asked in Family Law for Arizona on
Q: Grandparenting rights/3rd party.

My daughter & 3yo granddaughter have lived with us for 10 mos in AZ & previously in CO for 16 mos. She left AZ abruptly 6/20/19 & is in Monroe LA. Granddaughter was thriving here & I am deeply heartbroken & concerned for the child's safety. Daughter has an open case w/ bio dad which is set for... Read more »

Mike Branum
Mike Branum answered on Jul 11, 2019

Your granddaughter lived in Arizona for more than six months after leaving Colorado; Colorado will likely refuse to exercise jurisdiction. I cannot imagine the heartache you must feel having your granddaughter taken from your life in that way. I wish there was more that could be done for you but,... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I was assaulted verbally and physically by a minor on 6-17-19 should I press charges against that minor and how long do

I have to file is there a statues of limitations on this

Mike Branum
Mike Branum answered on Jul 10, 2019

You have one year for misdemeanor offenses but the longer you wait the less seriously you will be taken.

You have two years to file a civil case to recover damages for any injuries you sustained.

1 Answer | Asked in Family Law for Arizona on
Q: Do I have to abide by a verbal parenting agreement devised by my wife’s?

Prior to our separation, my wife devised a parenting agreement to which I verbally agreed. She basically ignores the agreement as far as the days that I am supposed to have the kids and expects me to bend to her every whim. This is affecting my ability to work as a rideshare driver. She thinks... Read more »

Mike Branum
Mike Branum answered on Jul 8, 2019

It is going to be difficult if not impossible to enforce a verbal parenting plan agreement. It would be in your best interest to file with the Court so you have an agreement you can actually enforce. I would recommend visiting the website for the specific county where you intend to file. There are... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Internet Law for Arizona on
Q: Can I be charged at all if someone commits suicide after watching a YouTube video that I posted a comment on?

A few years ago I left a comment in the comment section of a YouTube video. This video wasn't mine, but essentially dismissed the legitimacy of depression and similar mental illnesses. I said some pretty unenlightened things about depressed people in my comment (e.g. that they're... Read more »

Mike Branum
Mike Branum answered on Jul 8, 2019

A) The statute of limitations (law setting a deadline by which charges must be filed or a claim made) has likely run on this event. B) Opinion is almost always protected speech unless it is inflammatory, contains untruths, or is damaging to a person's professional reputation. C) It is impossible to... Read more »

1 Answer | Asked in Landlord - Tenant for Nevada on
Q: Re-read Lease agreement for Las Vegas apartment. Several spots refer to California Law, not Nevada Law.

My son's former Signifcant Other and he moved to Las Vegas with their children and leased an apartment together on May 1 to save money. My son has had to come to Oregon because of a family issue. In re-reading his lease agreement there are several areas where the document refers to California Law... Read more »

Mike Branum
Mike Branum answered on Jul 7, 2019

The agreement is likely worth less than the value of the paper upon which it was printed (or written in crayon - it does not sound like a very well thought out document). I would still be extremely careful in the way in which your son separates himself from this less than sophisticated landlord. I... Read more »

1 Answer | Asked in Civil Rights for Nevada on
Q: I have doctor's orders to get the smart meter off my house and they won't take it off my house how do I go about get him
Mike Branum
Mike Branum answered on Jul 7, 2019

You don't. You have a number of choices. You could request your doctor give you a prescription for a medication to help you deal with the anxiety of having the smart meter on your house (Xanax, Prozac, Ativan - there are many options, if one does not work you could try something else). You could... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Nevada on
Q: Nevada. Three dogs. One is esa. Am I required to tell potential landlord before applying if their pet allowance is 2 dog

I have three dogs one is documented as my emotional support animal by my doctor of several years. Am I required to inform potential landlords that I have an ESA before I apply to be a tenant ? The rental property I am interested in has a two pet policy, although I have three dogs one is ESA.... Read more »

Mike Branum
Mike Branum answered on Jul 7, 2019

Probably not. There are a few limited exceptions to the Fair Housing Act but, unless one of the exceptions applies, the ESA is not considered a pet and therefore should not affect your ability to have two pets.

If you were my client I would advise you to tell the landlord up front that you...
Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: Can a police officer give you a ticket for something another cop witnessed but didn’t cite you for? In Utah.
Mike Branum
Mike Branum answered on Jul 7, 2019

The short answer is yes. One officer may issue a citation based on the statement of another officer. The officer who actually witnessed the alleged crime would have to show up to testify against you in order for the state to prove their case.

1 Answer | Asked in Criminal Law for Arizona on
Q: My husband is bring charged with theft/burglary charges. There is restitution of $148,000 which he has to pay 1/3 of. We

He filed a quit claim to me so I am the only one on the deed. Can the court take my property in payment of restitution,?

Mike Branum
Mike Branum answered on Jul 6, 2019

Unfortunately, the answer is likely yes if the property is not your primary residence (more on that later). If your husband had recorded a quit claim deed and subsequently divorced you prior to engaging in criminal activity then you would have a solid argument that your property was your separate... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: My grandson is 4 mo old. My son and his girlfriend went separate ways a month ago.

She wants child support which he is more than happy to pay. However, given the mean spirited nature of this girl, he wants things done through the court system, rather than her dictating an amount. Now she won't let him see his son until she "takes him to court". Can she keep Him from seeing... Read more »

Mike Branum
Mike Branum answered on Jul 2, 2019

Unfortunately, without a previous child custody order, there is little to enforce. Fortunately, since there is not a previous child support order, he is also not required to pay anything. I would recommend he place whatever he is required to pay per the child support calculator in a savings account... Read more »

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