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Questions Answered by Mike Branum
1 Answer | Asked in Criminal Law and Family Law for Arizona on
Q: Does New Mexico extradite for felony charges?
Mike Branum
Mike Branum
answered on Oct 29, 2021

That will depend on whether or not the jurisdiction which charged the defendant indicated they requested extradition when the warrant was issued. Some warrants are extraditable and some are not. Most felonies are extraditable but the prosecuting agency may feel some non-violent felonies are not... View More

1 Answer | Asked in Family Law for Utah on
Q: how do I get the title company to create my family trust and put the filmore property into the trust?

Creating a trust in utah

Mike Branum
Mike Branum
answered on Oct 21, 2021

Title companies do not create trusts, attorneys do. You should contact an estate planning attorney to assist you in creating a trust and they will also be able to draft the warranty deed necessary to transfer the property into the trust once created.

1 Answer | Asked in Criminal Law and Internet Law for Utah on
Q: I let my Girlfriend (now ex) use my laptop to access the internet for work purposes. She went into my email and took pic

I let my now ex girlfriend use my laptop so that she could use the internet for work purpose. She accessed my email, took photos of certain emails and has sent those photos to family and friends. The emails were personal (not illegal in any manner) and I did not give her permission to access my... View More

Mike Branum
Mike Branum
answered on Oct 20, 2021

Since you allowed her to access the computer without supervision and the images themselves are not illegal, then it is highly unlikely a crime has occurred. You might have some civil recourse against her for publishing without your permission. Those emails are your intellectual property. Libel and... View More

1 Answer | Asked in Criminal Law for Utah on
Q: How do I start expungement for accessory drug charges in 1992

The charges were in Santa Clara Count in California when I was 18

Mike Branum
Mike Branum
answered on Oct 20, 2021

I recommend you repost your query with a California tag. The attorneys who received notice of your question are almost certainly licensed in UT, but few will be jointly licensed in CA (I'm sure there are a few, but I do not know if they will respond to your question). Charges received in... View More

1 Answer | Asked in Tax Law for Arizona on
Q: If Cps removes children from the home 8/04for neglect and neglectful supervision can the abuser still claim them on taxs

ss already changed payee rep for survivors benefits and ssi benefits because CPS approved me to take care of my cousins but the uncle that had them still wants to keep their Child Tax Credits and file taxes for them for the year 2021. Both children have mental health issues and one tried commiting... View More

Mike Branum
Mike Branum
answered on Oct 13, 2021

If there is a court order granting the uncle the authority to claim the children on taxes, the best route is to petition the court to modify the order. If there is no court order granting that authority, he may have the right to claim them for 2021 in any event since the children were residing in... View More

1 Answer | Asked in Adoption, Child Custody, Family Law and Wrongful Death for Arizona on
Q: FLMCAZ. Plaintiff filed petition for Paternity, respondent response was plaintiff is father. Resp. Aborted child.

Child was due 10/13/21, status post viability. Respondent should be held accountable in accordance to Arizona revised statutes child neglect. Respondent chaining to have aborted child legally via services rendered out of state on bases of roe v Wade. This is a direct complaint and the plaintiff is... View More

Mike Branum
Mike Branum
answered on Oct 12, 2021

An individual cannot force the State to pursue child neglect charges and is highly unlikely to expend scarce resources to investigate those charges where an individual underwent a medical procedure which was legal in the state in which it was performed.

I do not think you will find much...
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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: If my ex husband is on the birth certificate and another man is claiming to be the father then is he able be added to bc
Mike Branum
Mike Branum
answered on Oct 12, 2021

The alleged biological father would need to file a petition for paternity and be DNA tested. If proven to be the biological father the Court can place him on the birth certificate.

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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: Do they have 180 days to secure an indictment? Why would they close case open new one same charges different case number

I initially was arrested and released on a charge went through the whole court hearings go to sign my plea and the fill in Procecuter says to continue there's something more. So we continue and my lawyer says oh mix up with codefendants case # so scratch that and will continue for next hearing... View More

Mike Branum
Mike Branum
answered on Oct 11, 2021

Unfortunately this is standard procedure (at least in Mohave County where I practice, must be the same in Maricopa). The prosecutors can avoid having to prove their case before the judge and can just feed a bunch of nonsense to a grand jury and get an indictment. It's lazy and it SHOULD be... View More

1 Answer | Asked in Criminal Law for Utah on
Q: I plead no contest to attempted sexual abuse of a child. Can I get my record expunged?

This was after having the first trial be dismissed due to prosecutorial misconduct. I did have to be on the registry for 10 years, that is over. Attempted sexual abuse of a child isn't on the list of charges unable to be expunged. Also is there a law about giving the same prosecutor the case... View More

Mike Branum
Mike Branum
answered on Oct 7, 2021

I cannot foresee a circumstance where you can get a conviction for sexual abuse of a child expunged. If you need further confirmation, I would schedule a consultation with a criminal attorney who specializes in sex crimes (there are a number in SLC). Attempt just gives the Court the discretion to... View More

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: Can the courts levy bank account without any notice or warning? Because that’s what they did. $10,000

$20,000 is owed in back child support. The child died two years ago. Today there is levy on bank account and didn’t give a warning or notice or a chance to make a payment.

Mike Branum
Mike Branum
answered on Oct 6, 2021

Absolutely. If they provided notice or warning, the funds could be moved. If you have a child support debt, there are numerous ways the State can recover those funds. Draining a bank account is just one.

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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Arizona on
Q: A deed to a house was divided by the two owners. If one of them dies and can the new owner claim possession?

My father and his wife own a home. They do not have children together, he has 2 from a previous marriage. His kids have the house deed to his half, and one of her nephews has the house deed to her half. If the wife dies before my father, can her nephew claim possession to his half while my father... View More

Mike Branum
Mike Branum
answered on Sep 30, 2021

The answer will depend on whether the deed created a tenancy in common, a joint tenancy, or a joint tenancy with right to survivorship. You should obtain a copy of the deed which transferred the interests and consult with a real estate attorney to determine what rights each party holds.

1 Answer | Asked in Child Custody and Family Law for Utah on
Q: If my dad refused to sign the renewal of my guardianship in Wyoming does that mean he revoked his legal rights to me?

Before I turned 18 my parents gained full legal guardianship of me as have Autism. They recently divorced around the same time a renewal of the guardianship was due. My father refused to sign it and I just want to know if that revoked all of his legal rights of being my father? My father was very... View More

Mike Branum
Mike Branum
answered on Sep 30, 2021

First of all, I hope you are now surrounded by people who love and care for you the way your father SHOULD have loved and cared for you.

As to your question, it depends on whether you remain under your mother's guardianship or not. If you ARE, you should encourage your mother to file...
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1 Answer | Asked in Family Law for Utah on
Q: My ex is staying that I own her child care and medical expenses from 2017 to 2019. They never said anything until now

She has never given me a bill or documentation to say other wise. She just sent me a message and the amount and dates and said I need to give her the money. Can I refuse to pay

Mike Branum
Mike Branum
answered on Sep 28, 2021

It depends on what is in the court Order. Most of the time parties have 30 days after an expense is incurred to provide notice to the party who is supposed to reimburse them. The reimbursing party then has 30 days to pay. If you have received notice of the bills, it is unlikely she can force you to... View More

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: We’re separated, house is titled in one name. Both parties clearly have a financial interest in the house.

We were separated physically, but not yet legally. Can the spouse sell/refinance the house without the other persons knowledge? And conceal that they did that and hide the money? Criminal theft? Fraud? Domestic violence is also an issue. He took $88K

Mike Branum
Mike Branum
answered on Sep 24, 2021

You need to file for divorce and either you or your counsel will need to carefully review all financial documents disclosed. Not sure why the house is only "titled in one name." If that means that the house was a premarital asset or that you signed a quit claim deed surrendering your... View More

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1 Answer | Asked in Family Law, Legal Malpractice and Contracts for Arizona on
Q: Hello, My question is, is it legal for a family member or anyone else to become an gaurdian without the person being

Without the person knowing? For some reason I couldn't finish my question.

Thank you

Mike Branum
Mike Branum
answered on Sep 21, 2021

In an emergency situation it would be possible to obtain a temporary guardianship without the person's knowledge. A permanent guardianship would not likely be granted without having the ward appear before the Court.

1 Answer | Asked in Criminal Law for Arizona on
Q: I was arrested for shoplifting on 9/14/2021. I have a court date of 9/30. I want to get it expunged from my record.

I know I need a lawyer to represent me. What does the lawyer do on their part to do this. Why do I need a lawyer to do this. What do they do to get this to go through? It is my first offense. The shoplifting cost I took was $130.00.

Mike Branum
Mike Branum
answered on Sep 16, 2021

Arizona does not expunge criminal records (with the exception of marijuana possession charges and that has occurred in the last year). The arrest will be with you forever. You may be able to negotiate a deferred entry of judgment. Deferred entry would mean that if you stay out of trouble (usually... View More

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Arizona on
Q: If a misdemeanor was dismissed in virginia do I need to disclose it in an interview in Arizona?

Pleaded guilty but was dismissed in Virginia. Do I have to disclose the misdemeanor in an interview or asked?

Will a dismissed case affect my chances of getting hired ?

Mike Branum
Mike Branum
answered on Sep 10, 2021

Ah, the lawyer's favorite answer: "It depends."

If the question is: "Have you ever been charged, arrested, accused, etc. of a crime (if they either do not specify or specifically mention misdemeanors)?" then you would be untruthful if you replied in the negative....
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: o you have the right to defend yourself from an arrest that you know is unlawful with the same force that the officer is

doing to you?

Mike Branum
Mike Branum
answered on Sep 3, 2021

I wouldn't recommend it. Technically, yes, but dead right is still dead. The appropriate time to challenge the legality of an arrest is not mid-arrest.

The answer would have been markedly different in Arizona in 1871 but this is 2021. Law enforcement has Motorola. Even justified use of...
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2 Answers | Asked in Landlord - Tenant for Utah on
Q: My landlord won't return deposit after agreeing to do so. However because I wouldn't allow him to bully me.
Mike Branum
Mike Branum
answered on Sep 2, 2021

You should repost this question in landlord/tenant. This is neither a criminal law question nor a personal injury question.

Your recourse is likely going to be filing in small claims court against your landlord. You do not need an attorney to file in small claims. You DO need to have...
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1 Answer | Asked in Criminal Law for Arizona on
Q: What if you didnt know you was breaking the law and was told by your parole officer that itwas ok to cut you monitor off

It was cut off for medical reasons

Mike Branum
Mike Branum
answered on Aug 29, 2021

"Ignorance of the law is not a defense."

Someone, at some point, told you that tampering with the monitor could result in additional charges. I wouldn't try telling the Court that your PO said it was okay. I don't see that going well for you.

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