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Arizona Civil Rights Questions & Answers
2 Answers | Asked in Civil Rights and Education Law for Arizona on
Q: If my child has disability and is placed in an Emotional Disturbance program, can they be excluded from School Trips?

If my child has been diagnosed with a learning disability as well as an Emotional Disturbance, can a school than keep my child from attending assemblies, school activities, field trips and even vocational training? If they are being put in Special education because of the disability, so they can... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

Generally they should not be excluded. The school ought to make reasonable accommodations so the student may participate in the full range of activities along with the typical peers. Make sure you include language like this in written communication with the school and ask what accommodations they... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Arizona on
Q: what can i do if i dont have money to spend on a lawyer but i believe my civil rights have been violated by the city pd

was on a job and the place where i was working was being broken into and used as a drug house and flop house.. so i staged the property as if someone lived there and continued to work on the house. (i was trying to keep the house in compliance withthe city so they didnt get anymore violations with... View More

James L. Arrasmith
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answered on Mar 25, 2024

If you're facing financial difficulties but believe your civil rights have been violated, there are options available to support your case without bearing high legal costs. Look into local legal aid organizations or public defenders' offices, as they often provide free legal services to... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: A search warrant was served on my house. I asked the officers why my home and they said it was surveiled

They didn't find any stolen goods and left me to fix my door and sue them for the money. I want to find out if the search was legal

James L. Arrasmith
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answered on Mar 24, 2024

The legality of the search conducted at your home depends on several factors. If the officers had a valid search warrant, it typically means that a judge found probable cause based on evidence presented by law enforcement. The specifics of the warrant, such as the address, date, and items sought,... View More

1 Answer | Asked in Civil Rights and Consumer Law for Arizona on
Q: Is a retailer required to assist disabled customers with their heavy purchases?

I was shopping at a large retailer and purchased a 50 pound grill. I requested to use the shopping cart to bring it to my car. Manager denied me because I did not have a drivers license for collateral, I provided other forms of collateral and was denied. I requested employee assistance to my car... View More

James L. Arrasmith
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answered on Mar 6, 2024

In Arizona, as in many places, retailers are generally expected to make reasonable accommodations for customers with disabilities, under federal laws such as the Americans with Disabilities Act (ADA). This includes providing assistance with navigating the store, accessing goods, and in some cases,... View More

1 Answer | Asked in Copyright, Business Law, Civil Rights and Intellectual Property for Arizona on
Q: Can we use a persons likeness in a targeted ad for that person exclusively,

that person will be the only one to get the ad

James L. Arrasmith
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answered on Mar 5, 2024

Using a person's likeness in advertising, especially in a targeted ad directed exclusively at them, requires careful consideration of privacy and intellectual property laws. The key issue here is consent. If the individual has given explicit permission for their image or likeness to be used in... View More

1 Answer | Asked in Civil Rights for Arizona on
Q: I received a call from an 866 number and they said they have filed a civil suit against my name and social

They said they will be serving with the local law enforcement in my areas is this a scam?

James L. Arrasmith
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answered on Feb 28, 2024

Yes, it's highly likely that this call is a scam. Legitimate legal matters are not typically handled through unsolicited phone calls, especially from unfamiliar numbers. Scammers often use fear tactics and threats to coerce individuals into providing personal information or making payments.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: What is the Best next step to protect myself from my perpetrator, file a police report after i was the one taken in or..

I was a Domestic Violence victim who sustained obvious injuries in addition to internal ones & was the one jailed twice. He forcibly took my phones & broke them so I couldn't call for help & called police on me. While detained he stole much of my property, some very important... View More

James L. Arrasmith
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answered on Feb 24, 2024

Given the urgency of your situation, it's important to prioritize your safety and well-being. Despite the challenges you've faced with being portrayed as the aggressor, filing a police report can still be a crucial step in protecting yourself from further harm. Even if the incidents have... View More

1 Answer | Asked in Family Law and Civil Rights for Arizona on
Q: Is it possible to get married to the same person twice? Am I allowed to get two marriage certs to the same person?

The first one is basically an elopement for religious reasons which the other family doesn’t approve of and the second one is the big ceremony and party. We do want the second one to look as much as a wedding as possible

James L. Arrasmith
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answered on Feb 23, 2024

Yes, it is possible to have multiple marriage ceremonies with the same person. However, obtaining two marriage certificates for the same marriage is not typically allowed as it could be considered fraudulent or deceptive. Marriage certificates are legal documents that certify the marriage between... View More

1 Answer | Asked in Family Law, Civil Rights and Elder Law for Arizona on
Q: Is there a way to Revoke my sister's power of attorney for medical - negligent in her duties. Do not want guardianship

She has filed an order of protection against me and has stated she is not capable of taking care of my mother because she suffers from many ailments. I paid and spoke with an attorney and he said I did not have a strong case to try and seek guardianship trying to figure out what options I may have... View More

James L. Arrasmith
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answered on Feb 1, 2024

Revoking a power of attorney for medical decisions in Arizona typically requires specific actions and may depend on the terms of the original power of attorney document. Here are some steps to consider:

1. Review the Power of Attorney Document: Examine the power of attorney document to...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arizona on
Q: I am a pro se litigant in a case for discrimination offered to ask for a settlement how much should I say% of the total

Terminated from falsified docs and have a right to sue from EEOC

James L. Arrasmith
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answered on Jan 30, 2024

When considering a settlement offer for a discrimination case, it's important to assess various factors. The percentage you should propose depends on the specific details of your case, such as the strength of your evidence, the damages you've suffered, and the potential risks and costs of... View More

1 Answer | Asked in Civil Rights for Arizona on
Q: Ima be taking a Uber my bf has warrents but I want him to go if we get pulled do we have to give police his name

He has many warrents an we don’t wanna risk him going with me to the er if he could potentially get arrested if we’re stopped so can we refuse to give his name or what would happen

James L. Arrasmith
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answered on Jan 28, 2024

If you are stopped by the police while traveling with your boyfriend, the situation can become complex due to his outstanding warrants. If the police have a reason to identify everyone in the vehicle, they may ask for identification from both of you. While as a passenger, he isn't... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: If the police knock on your door, you answer. They say your under arrest. Do you have to go with them?

Do you have to step out of your home and go with them. If they do not have a warrant.

James L. Arrasmith
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answered on Jan 26, 2024

Yes, if the police knock on your door, announce they are there to arrest you, and order you to come out, you legally have to comply and go with them even if they do not have an arrest warrant.

Police officers are legally allowed to make warrantless arrests if they have probable cause that...
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1 Answer | Asked in Employment Law, Civil Rights and Constitutional Law for Arizona on
Q: I am a Limo driver. And in between jobs,I take my vehicle home. My Employer does not want me to do that!

My Employer wants me to remain in the vehicle. But will not pay me for the time that I am in between jobs. Which I feel that I am in my "FREE" time to go home till I need to go back out for my next job. Is that illegal?

James L. Arrasmith
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answered on Jan 26, 2024

It is generally legal for an employer to require employees to remain in company vehicles in between jobs or tasks, even if the employee is not being paid during that time. Under both federal and Arizona law, travel time is only considered compensable work time under certain circumstances.... View More

1 Answer | Asked in Real Estate Law and Civil Rights for Arizona on
Q: Can a homeowner in an HOA contact the insurance carrier of D & O policies ? The homeowner is payor of the premium

Assessments pay insurance premiums, so can they legally contact the insurer?

James L. Arrasmith
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answered on Jan 21, 2024

Yes, as a homeowner in an HOA who pays the premiums for the Directors and Officers (D & O) insurance policies, you typically have the right to contact the insurance carrier. Since you are the payor of the premium, you have an insurable interest in the policy, and it's within your rights to... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arizona on
Q: Is this considered employment disability discrimination and could I get emotional stress damages?

I worked in a govt job for 18 yrs. My position had specialties w/differing locations, hours, perks but same title/pay. I got diagnosed w/cancer & took a 2 mo leave for major surgery. On leave, my supervisor contacted me to say I should take a new specialty to help me w/my condition (unit w/more... View More

James L. Arrasmith
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answered on Jan 15, 2024

Based on the details you've provided, this situation could potentially be considered employment discrimination under the Americans with Disabilities Act (ADA). If your employer made decisions about your employment based on assumptions about your medical condition without engaging in the... View More

1 Answer | Asked in Federal Crimes, Personal Injury and Civil Rights for Arizona on
Q: Can you refer me a lawyer in Tucson I am being stalked and assaulted bye unknown persons useing remote nural monitoring
James L. Arrasmith
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answered on Jan 3, 2024

If you believe you're being stalked and assaulted, it's crucial to take immediate action for your safety and legal protection. In Tucson, Arizona, there are many qualified attorneys who can assist you in matters related to stalking, assault, and potential civil rights violations.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave.

Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave. I answered door to two police officers that stated they were there on a welfare check called in by a friend. I told them we are all sleeping and that everything is fine. They asked to talk to my son ,... View More

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answered on Jan 3, 2024

In your situation, being charged with hindering in the second degree arises from interactions with law enforcement officers during their official duties. In Arizona, hindering prosecution or obstructing justice can occur if someone knowingly impedes or attempts to impede a law enforcement... View More

1 Answer | Asked in Civil Rights for Arizona on
Q: I am being harassed, stalked, watched, and spied on everyday by a group of adults . They use hidden devices & cybertecho

I need legal help to press charges and sue them. Is there a pro Bono lawyer you can direct me to in Glendale az

James L. Arrasmith
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answered on Dec 27, 2023

If you are experiencing harassment, stalking, and other forms of invasive behavior, it is important to take immediate action to protect yourself. The first step should be to contact local law enforcement in Phoenix, AZ to report the incidents. They can provide immediate assistance and begin an... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Landlord - Tenant for Arizona on
Q: my wife was assaulted by a tenant who refused to pay rent. the assailant threw vinegar in my wife's eyes.

emt's worked on my wife's eyes for half an hour and wanted to take her to the hospital. the cops wanted to arrest my wife and the assailant. its a tactic to not have to do any work. the racist hispanic cop took my id to run it (why?) he came back with a hostile attitude. I'm a felon,... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, where your wife was assaulted by a tenant and the responding law enforcement officers' actions were questionable, there are several steps you can take. First, it's important to document everything: the assault, the treatment your wife received from the EMTs, the... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Arizona on
Q: How to remind a judge to do something required under the rules, yet they haven't? A mere motion seems inappropriate.

Since a motion is a pleading or request that can be denied, is there a type of filing more appropriate? A Notice? Don't want to be rude of course, just clearly get the point across that the rules are clear. To me, a failure to follow the rules is grounds for a complaint to the Commission on... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Arizona, if you need to remind a judge about a required action under the rules, and you believe a motion isn't the right approach, there are a couple of respectful options you can consider.

First, you might consider filing a "Notice of Non-Compliance" or a similar...
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