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1 Answer | Asked in Criminal Law, Family Law and Child Support for Arizona on
Q: At a fugitive of justice hearing in Maricopa county and there's a status conference when I'm out on bond. What to expect

Hello maricopa county, I got arrested for a warrant out of Michigan for child support and I got bonded out now I have to go to a status conference. What should I expect at the status conference? Will they put me back in jail.

James L. Arrasmith
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answered on Feb 25, 2024

Here are a few key things you can expect at a status conference for a fugitive of justice case in Maricopa County:

- The judge will check in on the progress of getting you extradited back to Michigan to face the child support warrant. The prosecutor will update if Michigan has begun that...
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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 Criminal Law, Immigration Law, Domestic Violence and International Law for Arizona on
Q: Will I be extradited from Mexico to the USA for a dv assault charge? I’m a Mexican citizen and have a green card
James L. Arrasmith
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answered on Feb 24, 2024

Extradition between Mexico and the United States is governed by treaties and international law, which allow for the transfer of individuals facing criminal charges or convictions from one country to the other under certain conditions. Whether you will be extradited for a domestic violence assault... View More

2 Answers | Asked in Real Estate Law, Insurance Defense and Small Claims for Arizona on
Q: In the State of Arizona, can you be sued for more than the amount of an original claim? ($4,500)

Would lawyers be required? If so, who pays the lawyer fees?

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2024

An Arizona attorney should advise, as this could be covered under state-specific civil procedure rules. However, your question remains open for two weeks. The short answer is "yes" in most jurisdictions nationwide. Sometimes interest is capped by statute, but claimants can sue for it.... View More

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: Can a lay witness testimony be accepted if the defendant lawyer never submitted an discovery or name of the lay witnes
Joel Friedman
Joel Friedman
answered on Feb 26, 2024

The short answer is probably yes, especially if you or your lawyer never asked for a witness list. There is no requirement that a witness is subpoenaed, they can be walked in as long as the ALJ agrees there is enough time or a supplemental hearing can be scheduled

1 Answer | Asked in Criminal Law for Arizona on
Q: Met someone on Tinder who claimed to be 18. Police say they're a minor. Can I be charged if I didnt know their real age?

I was on Tinder and the person I met said they were 18. I had police contact saying that the person was a minor. If I did not know will I still get charged with a crime?

Michelle Villanueva Skura
Michelle Villanueva Skura
answered on Feb 23, 2024

We are sorry that you find yourself in this situation. Unfortunately this situation is more common than most people think. First, lets address the biggest problem that our clients in this situation face: A minor cannot consent under ARS 13-1405. In Arizona the age of consent is 18yrs old this means... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Arizona on
Q: I recently started an LLC for my business late last year. Do I need to file something about the CTA?

My business has no income yet. I'm just getting started doing Web Development and Technology Consultancy. My CPA mentioned I should check and see if the new CTA Law applies to me or not.

James L. Arrasmith
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answered on Feb 22, 2024

As a new LLC owner in Phoenix, AZ, you should be aware that Arizona's new Commercial Transaction Privilege Tax (CTA) law may apply to your business. The CTA law imposes taxes on various business activities, including web development and technology consultancy services. Even if your business... 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 Criminal Law for Arizona on
Q: If I was to fly back from another country into USA and landed in Washington and have an active warrant in California.

Would California come get me? Would they know if have an warrant right when I land using my passport? Would I be able to enter the U.S. without them finding out I have a warrant? Or be prepared to be arrested?

Zachary Divelbiss
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answered on Feb 22, 2024

Yes, if you have an active warrant then you should always expect to be arrested any time you come into contact with law enforcement. We have seen this happen both if you are entering or leaving at an airport as once you provide your ID the system checks for any flags. Now, it is impossible to say... View More

1 Answer | Asked in 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.

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 , I woke him up and we both talked through a see through locked screen. they could see we were fine.... View More

Zachary Divelbiss
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answered on Feb 22, 2024

Hindering in the 2nd degree comes from ARS 13-2511. The law is fairly simple as it says, "A person commits hindering prosecution in the second degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another for any misdemeanor or petty offense, such... View More

1 Answer | Asked in Legal Malpractice for Arizona on
Q: Arbitrator Qualifications

I had an arbitration hearing for legal malpractice. The attorney/arbitrator who heard the case was an attorney who practiced a completely different type of law.... business I believe. He seemed quite incompetent as he had to ask my attorney and the attorney I was suing how the process worked. For... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 18, 2024

Not necessarily. The attorneys representing the parties should brief the arbitrator on the law.

But, the Arbitrator should know how to conduct an Arbitration.

1 Answer | Asked in Criminal Law for Arizona on
Q: how to defeat an affirmative defense plea

even though the party had a mental condition they were aware of what they were doing at the time the crime was commited by trying to clean up the crime scene and stole and fled in that persons car

Zachary Divelbiss
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answered on Feb 22, 2024

I am not sure your entire question was posted correctly.

There is no such thing as an "affirmative defense plea" so that is the first thing that we would need to know. What it sounds like is maybe you believe there is an affirmative defense based on mental capacity. That can...
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1 Answer | Asked in Consumer Law and Contracts for Arizona on
Q: I have storage unit which i have until today empty it I found out last night it was on there aucton sight list in might

Have sold I have a email from them stating I have untiL today to get it in I have a picture of it be auctioned off by them is there anything I can do

James L. Arrasmith
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answered on Feb 23, 2024

If your storage unit was listed for auction without your knowledge or consent, it's essential to take immediate action to address the situation. Start by reaching out to the storage facility to discuss the matter and express your concerns. Provide any documentation you have, such as the email... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Native American Law for Arizona on
Q: I'm charged with poss of dang drug and it was obtained illegally by the officers

Ok I was arrested two years ago but was released cuz of my job so I didn't go to jail but the officer was surveillancing a home but I went to check on my son at that residence I was there for close to 15 l

Min but officer has no video of me doing anything illegal he stated I was there... View More

James L. Arrasmith
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answered on Feb 24, 2024

In Arizona, the legality of a police stop and search is grounded in whether the officer had probable cause to believe a crime was being committed. Simply being present at a location under surveillance does not automatically provide probable cause. However, the specific circumstances surrounding... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: i have a charge for criminal damage and disorderly conduct x5 i want to k ow what will happen if i plead guilty
Zachary Divelbiss
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answered on Feb 20, 2024

Every case is different and since you were charged with 6 criminal misdemeanors, I strongly recommend that you hire a private lawyer to defend you. If you only had one charge, then that might be a different situation where online advice could be helpful.

That being said, here is what I can...
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1 Answer | Asked in Workers' Compensation for Arizona on
Q: I worked for two different jobs and both I have not been paid for now I'm getting a run around on both

First job I started in November and quit mid December still have not been paid I'm in contact with the boss but keep getting the run around. Second job I started in January worked for three and half days and was fired for informing the boss I'd be eventually be putting in my two weeks... View More

Joel Friedman
Joel Friedman
answered on Feb 12, 2024

Good afternoon. You are on a question page for workers' compensation cases, claims for benefits related to a work injury. You are describing a basic employment, wage and hour, issue. You should ask your same question to a different group of lawyers at Justia, specifically under a category for... View More

1 Answer | Asked in Immigration Law for Arizona on
Q: Is it safe to port 180+ days pending EB2 I485 from sponsoring Employer-A to another Employer-B or a self-owned LLC?

I worked with Employer-A from 2012 to Mar2018, and in April 2018 I joined Employer-B. But filed I-485 in Oct'2022 using Employer-A sponsored I140 & job offer letter. I like to know since I'm not working with Employer-A is it safe now to AC21 port away my pending I485 from Employer-A... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, it is generally safe to port your pending I-485 application to another employer under the AC21 portability provision. As long as your new employment is in the same or similar occupational classification as the job for which your I-140 petition was originally filed, and you meet certain... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Could someone apply for parole if their release date is on 2025? Sentenced to 3 in a half years but past mandate test?

Also completed many programs and received many certificates. Unfortunately the charge was aggravated assault,and disorderly conduct. If he hasn't gotten any tickets in prison, and working, and staying out of trouble. Could he apply for parole late 2024? Thank you!

T. Augustus Claus
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answered on Feb 8, 2024

In Arizona, eligibility for parole depends on the specific laws and guidelines that govern parole decisions, including the type of offense committed and the individual's behavior while incarcerated. For someone sentenced to 3 and a half years for aggravated assault and disorderly conduct,... View More

1 Answer | Asked in Civil Litigation and Health Care Law for Arizona on
Q: If I called a medical office 21 times after not picking up. Is there anything wrong with that?

Place mistakenly issued bill in error. No one was picking up. Finally they picked up saying that this was the wrong department and it is the billing department you’ll need to get ahold of me.

James L. Arrasmith
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answered on Feb 23, 2024

Calling a medical office 21 times could potentially be considered excessive, especially if the calls were made within a short period or if they were not returned promptly. While it's understandable to want to resolve an issue with billing, repeated calls may be seen as disruptive or harassing,... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Can my son hire another attorney just for his plea bargain in Phoenix Arizona

We hired a attorney for our son in Arizona to help fight in a complex criminal case. Our son was 19 and just graduated high school, worked since 15, played sports since 2nd grade, never been in any kind of trouble with school or the law in our town. The attorney we hired has not been good for him... View More

Zachary Divelbiss
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answered on Feb 22, 2024

This is a common issue that happens and I hate to say it but if your son already accepted the plea deal then there is nothing that can be done. A lawyer would have to basically prove that something legally was significantly wrong with the plea to undo accepting the plea.

If, however, you...
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