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Questions Answered by Mike Branum
1 Answer | Asked in Criminal Law for Arizona on
Q: Can i get out of a plea i signed while in jail? And can i fire my attorney if i feel they are not helping me?
Mike Branum
Mike Branum answered on Aug 24, 2020

Probably not and yes.

To invalidate your plea, you would need to show you were either coerced or incompetent. This is a difficult task, particularly if you fire your attorney.

You do have the right to fire your attorney but if you have a public defender you may end up representing...
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2 Answers | Asked in Family Law and Juvenile Law for Arizona on
Q: Can my parents legally keep my money after I move out?

My mom started a savings account for me when I first started working and has been taking all of not most of my paycheck (against my will) and putting it in the savings account. Now that I’m 18 and moving out she still refuses to give me the money saved up under the grounds of “I don’t trust... Read more »

Mike Branum
Mike Branum answered on Aug 18, 2020

Wages earned while a minor may be controlled by a parent. Obtaining the age of majority does not change the nature of those wages any more than it truly makes one an adult other than in the eyes of the legal system. Children are extremely rarely able to earn a wage which could contribute more than... Read more »

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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: I was awarded the home but had until 2012 to refinance and take ex off deed. how do i file to change that date to now

I just need to change that date that was set for 2012 so i can use the decree now

Mike Branum
Mike Branum answered on Aug 18, 2020

If I understand your question correctly there is nothing to change on your decree. If the property was in both your names prior to 2012 and you were awarded the property in the decree, you need to have your ex execute a warranty deed and you need to refinance the house. Neither of those require... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Juvenile Law and Libel & Slander for Arizona on
Q: I want to press charges for perjury but the person I would go to the Attorney General is the defendant's lawyer already

Perjury is a criminal offense. To press charges you would make a police report and go to the Attorney General. However, in the case where the person committed the perjury the lawyer for that person is the Attorney General. So me going to the Attorney General would be a conflict of interest so how... Read more »

Mike Branum
Mike Branum answered on Aug 17, 2020

If I understand you correctly, you are accusing someone in the attorney general's office of perjury or possibly accusing a state employee in their official capacity of perjury. Either way, it is almost certain that the person you are wishing to have charges pressed against for perjury would be... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: hi

can someone record conversations in a bedroom that we had without my consent?

Mike Branum
Mike Branum answered on Aug 17, 2020

Arizona is a one party consent state. As long as the person recording was engaged in the conversation being recorded, there is no violation of the law. If the party placed a recording device and surreptitiously recorded a conversation between two other people, THAT is illegal. Difficult to develop... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Arizona on
Q: If I had a misdemeanor case dismissed, do I need to say that I was still convicted or pled guilty to a misdemeanor.

This is for answering disclosure questions on a employment background check for a becoming a loan originator.

Mike Branum
Mike Branum answered on Aug 14, 2020

If the case was dismissed, you did not plead guilty and you were not convicted. Even if it was a delayed entry of guilt, if you completed the requirements and the Court dismissed the case without entering your plea, then you still did not plead guilty on the record and the Court did not convict... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: My daughter & ex son in law have joint custody for their 2 children in the state of Utah. A few months ago my daughter

Came to Arizona because she was having some problems. Her ex agreed to keep the girls while she was away but before she left she was served papers from her ex stating he wanted full custody. So she responded to the courts from AZ & was given a court date & time that they were to have a... Read more »

Mike Branum
Mike Branum answered on Aug 6, 2020

She really needs a Utah family law attorney to ensure her rights are adequately defended. That being said, she should contact the clerk and see if an order issued after the missed hearing or if there had been any additional filings. She may need to ask the Court to set aside any order that was... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Received an open container citation telephonic time was set, courts didn't call within that time frame. Any suggestions?

I was sited with an open container while riding an ATV side by side on a forest road, the courts gave me a date and time they would call me but they never called me within that time frame they set.

Is there any recourse for me to take in my defense?

Mike Branum
Mike Branum answered on Aug 6, 2020

You should contact the clerk of court and determine if the hearing was held or continued. They may have set another date. If they did not, you may ask that you be put on the calendar.

1 Answer | Asked in Family Law, Child Custody and Child Support for Utah on
Q: have 2 children they have always resided with their mother until recently my son now 14 has decided he wants to live

with me. there is a CS order from Utah for 1100. month for both children. and recent modifications say her part 331. and mine the 1100 they say I have to pay 12 months out of year. there is no decrease because one resided with me and she does not have to pay unless they are both with me. this makes... Read more »

Mike Branum
Mike Branum answered on Aug 4, 2020

You will need to file a request / petition / motion (depending on the jurisdiction, it can be called different things) to modify the child support in the court where the child support order was issued UNLESS that court is in a state where neither you, your ex, nor the children still reside. If the... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If someone was GOING TO mail me drugs, but got arrested en route to the post office, what is going to happen to me?

Someone in TX was sending 6 different people packages containing drugs. They were pulled over and arrested on the way to the post office. What do the recipients of those packages need to watch out for? Can they be arrested? Is it likely? The sender was arrested for trafficking.

Mike Branum
Mike Branum answered on Aug 3, 2020

It is unlikely you could be arrested at this point but you could certainly be placed under observation and/or questioned regarding the package which was addressed to you. Absent evidence of communication between the two of you regarding your agreement to receive the package, they do not have much... Read more »

1 Answer | Asked in Criminal Law, Family Law, Communications Law and Health Care Law for Utah on
Q: Can I record a teleheatlth appointment?

Alright, might sound like a weird situation but here we go. I recorded a family therapy session on my phone. It only has the audio. I have epilepsy and part of that is memory problems. So, I recorded the session so I could make a transcript of the session to read over and understand better and... Read more »

Mike Branum
Mike Branum answered on Aug 2, 2020

This is an example of why you do not take legal advice from therapists. This is an extremely complex question and I would need more information to provide the best answer but based on what you have described, I would not be concerned. Even if the recording is technically illegal, which is not... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: The other parent is trying to say I need to drop of my child at her house for school because she feels

He wouldn’t get the help here can she do that

Mike Branum
Mike Branum answered on Aug 2, 2020

These are unprecedented times. We have never seen school closures like this before. My best advice is to try to peacefully resolve this. You, your ex, your son: you all have a lot more stress in your daily lives due to the panic over this virus. Why add to it? You should both be engaged in his... Read more »

1 Answer | Asked in Banking and Elder Law for Utah on
Q: If my daughter has a joint account with her grandfather can she help herself to his money when ever she pleases.

He sold his home, she had the money put into an old account with both their names (left over from car loan) now she has taken a ton of money and he has no clue. This man has nothing but what was from the house. She thinks it's not illegal. Isn't it theft by deception? What can I do to... Read more »

Mike Branum
Mike Branum answered on Jul 30, 2020

She could be at risk of being charged with exploitation of a vulnerable adult. If you have any influence with your father, he needs to remove his money from the account and put it in an account only he or trusted persons have control over. He can always designate someone to have control of the... Read more »

1 Answer | Asked in Family Law for Utah on
Q: Do I need to give my Ex my out of state travel itinerary?

I am taking my son out of state for one of the weeks of summer vacation. My Ex says that I need to give her my travel itinerary for this time and make him available for phone calls even though some of this is camping and cell reception may not be available. Do I need to give her all of this... Read more »

Mike Branum
Mike Branum answered on Jul 27, 2020

Providing an itinerary for travel is usually a part of the custody agreement. Even if it was left out, it is a really good idea and it doesn't cost you anything. If the travel dates are flexible, say so and keep the non-custodial parent updated. Make the child(ren) available by cell phone when... Read more »

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: My daughter lives in Glendora CA She is wanting a divorce. Can she move to AZ with the kids? he works in LA she online.

4 minor children 8yr to 14. Husband has anger issues and has physically harmed the children in past. She wants to move to AZ as she can afford to care for the children better then in CA. She is willing to drive them out to visit their dad. Counseling has started and husband admits he has anger... Read more »

Mike Branum
Mike Branum answered on Jul 22, 2020

You present one of those cases where there is a specific legal answer and then there is what is likely in the best interests of your daughter and grandchildren. To avoid any potential legal problems, your daughter should file for separation in California and request leave of the Court to relocate... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: If I have a 50/50 court order nochild support (each parent pays for the 3 1/2 days we both have the child) will I have

To Pay child support once I get married? (Me and the mother were never married)

Mike Branum
Mike Branum answered on Jul 22, 2020

You should not be required to pay child support because you would basically be paying yourself since you and your new wife would share the marital estate. You should request the Court vacate the child custody and child support order once the marriage is official. The order will remain in place... Read more »

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2 Answers | Asked in Criminal Law for Utah on
Q: I have an extensive criminal record that is over 15 years old, d, three prison terms, Can i get them expunged
Mike Branum
Mike Branum answered on Jul 22, 2020

You can also review this website: https://www.utcourts.gov/howto/expunge/. It provides a lot of useful information about what can and cannot be expunged. As I am sure Mr. Cramer would agree, expungements can be a serious pain in the posterior. If you believe, after reviewing the information on the... Read more »

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Arizona on
Q: My husband's public defender for criminal charges filled in for a coworker to defend a co-defendent in my husband's case

She never got approved from my husband to represent his codependent prior or after to 7/13/20.Is this an error by his lawyer that would constitute a dismissal of my husband's case?

Mike Branum
Mike Branum answered on Jul 20, 2020

If your husband and a co-defendant are both being represented by the public defenders office, THAT is a problem. The PD cannot merely assign two separate attorneys to co-defendants. The court must appoint conflict counsel to one of the defendants from outside the PD's office.

Your...
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2 Answers | Asked in Criminal Law for Arizona on
Q: Can I use a bow for hunting since my felony conviction was set aside?

Felony was in arizona, conviction set aside 7 years ago. Waiting 3 more years for firearms rights to be restored. All other civil rights were restored.

Mike Branum
Mike Branum answered on Jul 20, 2020

A bow is not a firearm. To the best of my knowledge, there is no prohibited possessor statute under Arizona or federal law which applies to bows. You should not be in violation of any law by bowhunting with a felony on your criminal record.

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1 Answer | Asked in Family Law for Arizona on
Q: my sons mother hasnt seen him in 4 years what would i need to get full custody? theres a joint custody already on file
Mike Branum
Mike Branum answered on Jul 20, 2020

You would need to file for a modification of child custody, child support, and parenting time in the court where the joint custody order was issued. Explain that you have had sole responsibility for the past four years and the mother has not made any attempts to exercise any parenting time. You... Read more »

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