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Arizona Questions & Answers
1 Answer | Asked in Personal Injury, Traffic Tickets, Car Accidents and Insurance Defense for Arizona on
Q: If a car ahead of me runs out of gas and shuts off in the process of pulling over to the only spot that's not going to

Block traffic and their hazard lights are on, and I crash into them t-boning them, who's fault is it. 3 Lane road with a break in the median she's in the 3rd lane and I'm in the 1st lane the only safe place to pull over is in the median break. Her hazard lights were on as soon as she... View More

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

An Arizona attorney could advise best, but your question remains open for a week. It's possible liability could be apportioned between both of you, depending on how the accident is evaluated by the insurance company investigator. If they didn't have insurance, check the terms of your UM... View More

1 Answer | Asked in Civil Litigation and Consumer Law for Arizona on
Q: Daughter(6) made several small charges on our debit card for a game she plays on my phone. Are we ineligible for refund

Can we still get our money back or will they deny it because she is our daughter?

James L. Arrasmith
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answered on Apr 13, 2024

In this situation, getting a refund may be challenging, but it's still worth trying. Here are a few steps you can take:

1. Contact the game developer or publisher directly and explain the situation. Some companies have policies in place to refund accidental or unauthorized purchases...
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1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: Im a college sophmore

My ex had recently broken up with me, and I had decided with a friend to drive me to his dorm and egg his room. It was supposed to be like a little April Fools Prank that he was unaware of and to make me feel better about the break up but it went too far. So I broke in by 2 college students letting... View More

James L. Arrasmith
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answered on Apr 4, 2024

I understand that you are going through a difficult time after your breakup, but it's important to recognize that your actions were not just a harmless prank. Breaking into someone's room and causing damage to their property is a serious offense that can lead to criminal charges.... View More

1 Answer | Asked in Civil Rights and Libel & Slander for Arizona on
Q: Can I sue a medical practice for making me feel uncomfortable and welcome because of the staff' behavior and conversatio

Staff was talking about their sexual orientation and shaming a fellow employee for their orientation while we were in the waiting room, and the office manager was present. I mentioned that it was very unprofessional and the manager did not step in. She stayed quiet. I later learned from her that... View More

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information provided, it seems that the medical practice staff engaged in inappropriate and unprofessional behavior by discussing their sexual orientation and shaming a fellow employee in the waiting room. The office manager's failure to intervene and address the situation also... View More

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: My landlord emailed my lease. I did not sign this. Not even online. But every section was initialed or signed.

And there was a $50 added for water reclamation

James L. Arrasmith
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answered on Apr 16, 2024

If you received a lease agreement that includes your initials or signature but you did not authorize these, it's important to address this issue promptly. It sounds like the lease may have been signed fraudulently. First, you should contact your landlord directly to clarify the situation.... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law and Probate for Arizona on
Q: Can I file a motion to reconsider? Or appeal?

I have been going through a probate case as an heir against my 2 sisters one of which was appointed personal representative. It has been going on for over 2 years fron the beginning i have filed requests with the court for her removal, for the court's review of administration, all were... View More

Charles William Michaels
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Charles William Michaels
answered on Apr 3, 2024

I am not an Arizona attorney. But yes, I would file a motion to reconsider with the trial court.

1 Answer | Asked in Contracts, Construction Law and Legal Malpractice for Arizona on
Q: I have a solar company that has admitted fault to roof damage. I do not want panels back on my roof! I'm in a lease??

Can the solar company force me to put the panels back on my roof? There's been negligence, poor workmanship, unprofessionalism, broken trust with the company. I'm in a lease with the panels but leases are made to be broken.

Joel Gary Selik
Joel Gary Selik
answered on Apr 2, 2024

Have the contact reviewed by an experienced attorney to determine your rights in addition to claims for their negligence

1 Answer | Asked in Domestic Violence, Internet Law and Sexual Harassment for Arizona on
Q: What are my options if I’m being sextorted and threatened? How can I suppress an embarrassing video from being released

2 years ago I went on the app Seeking Arrangements and wound up getting scammed, sexually assaulted, and sextorted by a man. He threatened to send an explicit video of me to my dad, but thankfully the information he found on my dad was outdated. However, he did end up sending it to some random... View More

James L. Arrasmith
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answered on Apr 3, 2024

I'm so sorry you're dealing with this incredibly stressful and violating situation. What you're experiencing is a serious crime and you have options to protect yourself. Here are some steps I would recommend taking:

1. Contact law enforcement and file a police report....
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1 Answer | Asked in Medical Malpractice for Arizona on
Q: I am a PT specialized in vestibular rehabilitation, and would like offer niche expert witness testimony. My next steps?

I am highly specialized in the realm of treatment for dizziness, imbalance, and vertigo. I would at Scottsdale Ear, Nose, & Throat alongside ENTs, Audiologists, and we have specialized equipment for testing rarely seen outside of academia. I am very interested in using this niche in as many... View More

Tim Akpinar
Tim Akpinar
answered on Apr 6, 2024

An Arizona attorney could advise best, but your question remains open for a week. One option would be to look at litigation support companies that maintain directories of experts to see what would be involved in getting a listing with them. Good luck

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Arizona on
Q: So I sold my SUV to someone he gets a flat tire on the highway and he leaves couple of hours and gets towed as abandoned

How long does it have to be there to be considered abandoned and what's the impound fee law

James L. Arrasmith
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answered on Mar 31, 2024

The duration a vehicle must be left unattended before it is considered abandoned on the highway can vary depending on local laws. Typically, a car might be tagged as abandoned if left unattended on public property for a period that could range from 24 hours to several days. It's important to... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My brother is 16 years old and I'm wondering if I can win 50/50 with my father and take my mom's rights who is unfit?

My mom has a drinking issue and has not had my brother in school for 3 years now I've been fighting with her to put him in school I've been cooking food for him to eat buying food and supporting his needs and also supporting my mom because she does not have a job nor cares to clean I need... View More

Stephen M Vincent
Stephen M Vincent
answered on Apr 1, 2024

No. A non-parent cannot share custody with a parent. If you want to seek custody of your brother, you would have to show that both of his parents are unfit AND you would have to show that you stand in loco parentis to your brother (meaning, he treats like a parent and you have been acting as his... View More

1 Answer | Asked in Estate Planning for Arizona on
Q: Since my dad died does my mom get my paternal grandpa’s inheritance?

My dad died 8 years after my grandpa before any disbursements. The trust says it will go to his children and grandchildren. There is also a part that mentions children preceding him in death and living issues getting their portion. My mom thinks since my dad was alive when my grandpa died that she... View More

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Mar 31, 2024

In Arizona, an inheritance is generally considered to be separate property when received. If that applies your father's inheritance did not become community property. Therefore your mother is not entitled to the inheritance. However, in Arizona, spouses have significant inheritance rights and... View More

1 Answer | Asked in Banking for Arizona on
Q: When dealing with a bank withholding your funds or locking your account what can be done?

It's go2bank. Our taxes arrived and after making a fee transactions they locked the account without our permission saying there was suspicious activity.

James L. Arrasmith
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answered on Mar 30, 2024

I'm sorry to hear you're dealing with this stressful situation with your bank account being locked. Here are some steps you can take:

1. Contact go2bank customer service directly to inquire about why your account was locked and what specific activity they deemed suspicious. Ask...
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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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1 Answer | Asked in Civil Litigation for Arizona on
Q: If i filed motion to dismiss improper service do I have to file counter claim with the motion

Plaintiff filed civil suit. Judge told her she could not represent llc only attorney can. Gave her time to file amended complaint. Plaintiff filed amended complaint added defendants and served by us mail with no summons included. W/o permission to serve by mail. Defendant filed motion to dismiss... View More

James L. Arrasmith
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answered on Mar 25, 2024

When you file a motion to dismiss due to improper service, such as not receiving the summons correctly, this motion is typically addressed before any substantive claims are considered. This is because if the service is deemed improper, the court may not have jurisdiction, and the case could be... View More

1 Answer | 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 believe your civil rights have been violated but lack the resources for a lawyer, consider reaching out to legal aid organizations or civil rights groups in your area. These groups often provide free or low-cost legal services to individuals facing civil rights issues. Additionally, some law... View More

1 Answer | Asked in Divorce for Arizona on
Q: How does the Arizona courts assess the duration of a relationship prior to marriage in divorce.

I am seeking clarification on how Arizona courts assess the duration of a relationship prior to marriage in divorce proceedings. Specifically, I am concerned about the impact of the 8-year period during which I supported my then-fiancé's government career before we officially married.... View More

Stephen M Vincent
Stephen M Vincent
answered on Apr 15, 2024

The only period that matters for purposes of a divorce is the time that you are married. What happened before the marriage should not factor in.

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

2 Answers | Asked in Workers' Compensation for Arizona on
Q: Do we need a workman comp attorney?

Our father is employed by large national medical waste disposal company and is a long haul trucker for them and drove their company semi tractor truck. The accident occurred late Feb and did not involve anyone else. His place of hire and residence is in Arizona but his accident took place on the... View More

Weston Montrose
Weston Montrose
answered on Mar 22, 2024

I'm sorry to hear about your father's accident. Having a guardian ad litum does sound like the appropriate immediate action. If the workers' compensation case is pending in AZ you should visit the Industrial Commission of Arizona’s web site for some helpful information about... View More

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1 Answer | Asked in Social Security for Arizona on
Q: Can my sister re-apply for Social Security Disability Insurance. She lives in the Phoenix Metro Area.

She applied for SSDI on June, 2018. She had worked the previous 7 years.

Her SSDI was denied by the District Court of Arizona on January 25, 2024. Can she re-apply for SSDI?

Thank you for your answer.

James L. Arrasmith
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answered on Mar 22, 2024

Yes, your sister can re-apply for Social Security Disability Insurance (SSDI). After a denial, applicants have the option to start a new application. However, it is important to consider whether her circumstances or medical condition have changed significantly since her last application. A new... View More

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