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2 Answers | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Arizona on
Q: My son (20 years old) was arrested for slapping his roommate after they got into it about his friend using a racial slur

He was arrested on the spot and told he could not return to his apartment that is on the ASU campus. I just want to know his rights and if he should get a public defender.

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

While I do not have a copy of your son's lease agreement or the trespass notice in front of me, these documents can be controlling as to whether or not he still has access to his apartment.

Primarily he needs to get in touch with the management to find out if they will enforce the...
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1 Answer | Asked in Criminal Law for Arizona on
Q: I got a trespass charge from Walmart, but I received permission from the manager that I could return. Can it be dropped?

Walmart falsely accused me accused of stealing and wanted me off the property. I went to court and gotten the shoplifting charge dismissed and received permission to come back. But this one employee must didn’t get the memo and called the police. But as stated before I received permission to... View More

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

It is a defense to trespassing charges that you had permission to be on the premises--if you have proof in the form of texts or a letter that should be sufficient to get the charges dropped.

For the future, you have to go through Walmart corporate process to get written confirmation from...
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1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Arizona on
Q: I am seeking a Selective Service System appeal filed in NYC 1971. Your database only goes back to 2024. Suggestions?

Sorry, I meant to type 2004 not 2024.

James L. Arrasmith
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answered on Oct 29, 2024

To locate a Selective Service System appeal filed in NYC in 1971, you can start by visiting the National Archives. They hold extensive military and governmental records that may include the appeal you're seeking. Their website provides guidance on accessing these historical documents.... View More

0 Answers | Asked in Employment Law for Arizona on
Q: Is my employer breaking Arizona Labor laws?

My culinary service industry company is short-staffed, usually two of us working the closing shift. As a result, though we often work 10 hours shifts, we can't take a 30 minute lunch break because it's too busy. And now, they're post-dating our paychecks nearly a week after the pay... View More

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: I feel the guardian of my dads estate is abusing her power over me the beneficiary what lawyer is needed?

The guardian has taken her hate for me to another level. She won guardianship due to my lack of representation and now she is deleting me from all paperwork and refuses to hear me out. what kind of a lawyer do I need to bring her back to reality without her spending all of my dads money on her... View More

Peter H. Westby
Peter H. Westby
answered on Oct 25, 2024

I recommend that you hire an experienced attorney who practices in the area of probate, guardianships and conservatorships. Some of these firms also offer litigation services. Others do not. You need a firm with lawyers capable of litigating these issues in the event a strong letter does not... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Gov & Administrative Law for Arizona on
Q: I was wondering about suing the USPS and their employees.

I’m going to have to cut out a lot of the story to make this fit.

Asked to stop having the rest of the streets packaged left on OUR doorstep.

Angry mailman shows up in our backyard to yell at me in from of my toddlers about “ making complaint against him”

Was told by... View More

James L. Arrasmith
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answered on Oct 24, 2024

I'm really sorry you're going through this difficult situation. It's important to gather all the evidence related to these incidents, including any communications, dates, and details of each event. Keep records of missed mail, medications, and any legal or financial impacts... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arizona on
Q: Is it workplace discrimination to deny differential pay to only one department of the hospital?

I work in hospital security as an employee. Our department is in-house. We are not contracted. We are considered hospital employees. We have been trying to get our administrators to approve differential pay for about four years now. It has been denied every time. Or at the least, the consideration... View More

James L. Arrasmith
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answered on Oct 21, 2024

This situation could potentially be unfair, but it may not meet the legal definition of workplace discrimination unless the denial of differential pay is based on a protected characteristic, such as race, gender, age, or religion. If the administrators are withholding this pay from your department... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Arizona on
Q: My sixth amendment right has been violated by not getting effective counsel and a speedy trial,judge I can tell hates me

Can a judge deny me an attorney? Im indigent and today I got à call from a rude person saying my public defender had withdrawn and the judge ordered I hire an attorney or represent myself

James L. Arrasmith
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answered on Oct 18, 2024

I'm sorry you're experiencing this situation. In Arizona, if you cannot afford an attorney, the court is required to provide you with a public defender. A judge cannot deny you legal representation based solely on your request.

If your public defender has withdrawn, you should...
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1 Answer | Asked in Contracts and Constitutional Law for Arizona on
Q: Had POA for dad to rebuild house, dad died. Contractor is suing me for money due after the insurance paid. Am I liable

My parents had a house fire. Only my dad is on the title. We hired a construction company to rebuild. My dad asked me to handle things and gave me POA. My dad passed away two months ago. The construction company just served me a civil summons and is suing me for money due that I know nothing... View More

James L. Arrasmith
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answered on Oct 18, 2024

I'm sorry for your loss. When your father passed away, the power of attorney you held typically ended, meaning you no longer have the authority to act on his behalf. Since the house is solely in his name, any obligations related to the rebuilding project generally become part of his estate.... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I was on an adult only website and came across a minor. What do I do?

I skipped but am unsure if I should do anything else. There’s not a report button either. Do I need to verify people are over 18 on this site?

Jerald Schreck
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Jerald Schreck
answered on Oct 17, 2024

This is a fairly common situation people run into in the internet age. Sometimes it is an actual minor on an adult web site, other times is a fraudster attempting to extort money from site visitors and frequently it is a police officer posing as a minor working on an undercover task force. As a... View More

1 Answer | Asked in Family Law for Arizona on
Q: is my name on the birth certificate enough to establish paternity?

my daughters mother is keeping my daughter from me and I am fully disabled with limited income. I cannot afford an attorney

Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2024

You wrote, "Is my name on the birth certificate enough to establish paternity?"

That's a simple question but it has somewhat complex answer.

 

Technically, no. Your name on the birth certificate does not establish paternity. Under A.R.S. 25-814(A), your name...
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1 Answer | Asked in Family Law for Arizona on
Q: My son recently turned 18 and is a high school senior. My ex-wife is won't provide transportation for him to my house.

He has a car but since she gave him 75% of the cost for his care and told him that she would most likely sell his car if he chose to live with me. The divorce decree states that he follows a 5-2-2-5 parenting time schedule. Is she required to follow the decree on parenting time while he is in high... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2024

The law is not entirely clear on this. A child is not emancipated for SUPPORT purposes until they are 18 and have graduated high school. If they don't graduate high school, they emancipate when they turn 19.

However, that does not mean that's the law for custody....
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1 Answer | Asked in Car Accidents for Arizona on
Q: Hi I was in an accident back in May I have a lawyer but their not doing anything. Can I hire someone else?
Tim Akpinar
Tim Akpinar
answered on Nov 3, 2024

An Arizona attorney could advise best, but your question remains open for a month. In virtually all states across the nation, the basic rule is that clients are free to change attorneys, and vice-versa, attorneys are free to withdraw from representing clients (with a few exceptions requiring court... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Arizona on
Q: If i am 17 yrs old and my bf is 20 yrs old and my mom calls the cops on him will he get in trouble.

We have been dating since i was 16 and he was 19

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

If you both are sexually active, yes, your boyfriend could be arrested charged with statutory rape under Arizona law because it seems like he is 24 months older than you.

Unfortunately, there is no defense available for him because your boyfriend more than 24 months older than you.

1 Answer | Asked in Civil Rights for Arizona on
Q: I was at work police came,no warrant said they will break my windows, searched me, my car and arrested me is it legal?
James L. Arrasmith
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answered on Oct 6, 2024

The situation you described raises concerns about your rights. Generally, police need a warrant to search your property, unless they have probable cause or certain exceptions apply, such as immediate danger or the risk of evidence being destroyed. If they searched you or your car without a warrant,... View More

1 Answer | Asked in Civil Rights for Arizona on
Q: I was at work and the police came and threatened me, no warrant, searched me and my car, and arrested me, is this legal?
James L. Arrasmith
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answered on Oct 6, 2024

The legality of police actions like the one you described depends on whether they followed proper legal procedures. Generally, police need probable cause to search you or your vehicle without a warrant. If they lacked that or didn't have your consent, the search could be illegal, and any... View More

3 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Can I file and receive a patent without retaining a lawyer? What would doing so entail ? How would I do this?

Just to tell you: I am no longer employed due to brain and spinal damage from being run over by a truck in 2018. (60% blind, memory damage, constant pain in back and legs, using a walker wherever I go, lethargy from the pain, insomnia)

I am curious about doing this as a hobby activity. I... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 8, 2024

Sure, you can file a patent application, and there are plenty of help out there for pro se inventors. One of the best books on how to do this is "Patent It Yourself" by David Pressman from NOLO Press.

However, it is not easy to write a patent application, and it is even harder...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: In Arizona, can a respondent spouse withdraw consent to dissolve a covenant marriage after filing pleadings
Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2024

We would need to know more. But I will say the covenant marriage laws do not address this situation, and there is only one published case involving a covenant marriage, and it did not involve this situation, so, in other words, this is a situation the law has neither dealt with nor anticipated.... View More

1 Answer | Asked in Real Estate Law and Tax Law for Arizona on
Q: Deceased person has a vehicle that’s in their name and two other peoples name. Is that part of the estate property.
James L. Arrasmith
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answered on Oct 4, 2024

When a vehicle is registered in the name of a deceased person along with others, how the ownership is structured plays a crucial role. If the vehicle is held as joint owners with the right of survivorship, the ownership typically transfers directly to the surviving owners. In this case, the... View More

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