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Q: can the US government under any circumstances legally take a companies patent.

just curious.

James L. Arrasmith
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answered on Aug 25, 2024

Yes, the U.S. government can legally take a company's patent under certain circumstances. This process is known as "eminent domain for patents," where the government can seize intellectual property if it's deemed necessary for public use. However, the government must provide... View More

2 Answers | Asked in Contracts for Arizona on
Q: $61k Contract/Invoice Dispute

Hi folks. I am an independent contractor in Arizona working with a firm in Texas. They've been a client of mine for 7 years. I recently submitted invoices totaling $60,000 for work done over many months. My client is beginning to dig their heels in on payment. The owner claims that in January... View More

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2024

A Colorado attorney could advise best, but you await a response for a month. You ask, "Who is right." Unfortunately, this may not be something for a quick and short direct answer. It could be a question that a court would have to answer after reviewing everything here - agreements,... View More

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1 Answer | Asked in Criminal Law, Employment Law, Business Law and Civil Rights for Arizona on
Q: I need to know the law that states there is an exception where a probationer can work as a substance abuse counselor

In Arizona there is a exception that allows a probationer under appropriate supervision to work with probationers in treatment as a substance abuse counselor, Can you site that law for me please and give me the details?

James L. Arrasmith
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answered on Aug 31, 2024

In Arizona, a probationer can work as a substance abuse counselor under specific conditions, as outlined in Arizona Revised Statutes § 13-901.01. This statute provides an exception for probationers to work in the field of substance abuse counseling, particularly when their own experiences can be... View More

1 Answer | Asked in Civil Rights for Arizona on
Q: What are my right regarding a traffic stop which no violation occurred? Any legal re course?

I was pulled over in a walmart parking lot cause of a call about me sleeping in my vehicle.

•Residential street

•Curbside Parking Permitted

•Solid white line and signs supported this.

From the side street, hopped on main road, less than a minute cops were... View More

James L. Arrasmith
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answered on Aug 31, 2024

If you were pulled over without a traffic violation, you have the right to ask why you were stopped. Officers are allowed to investigate based on reasonable suspicion, but they must provide a clear reason for the stop. In your case, the concern was likely due to the report of you sleeping in your... View More

1 Answer | Asked in Civil Rights and Elder Law for Arizona on
Q: Is it legal for my guardian/conservator to take money away from me? I don't understand why I can't have more than $500.

Anytime I've gotten back money like social security or extra money they take it away and tell me it's put into my trust. But won't show me proof stating that. I had 5 months saved up because I was in jail for something I didn't do seriously. And when I got out it wasn't... View More

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answered on Sep 1, 2024

It sounds like you're dealing with a complex and possibly unfair situation. As someone under guardianship or conservatorship, your guardian is supposed to manage your finances in your best interest. However, there are rules they must follow, and they cannot take your money without proper... View More

1 Answer | Asked in Tax Law for Arizona on
Q: C-Corp Income reported as dividends in 2016 (should have been all wages) - Can it still be amended?

My current wife and her deceased husband had a corporation wherein my wife was a software consultant and the only revenue was from her work. It was apparently set up as a C-Corp. In 2016 all of the money (approx. $180K) was reported as dividend (no taxes paid). Fast forward to 2018 and former... View More

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answered on Aug 13, 2024

Amending a tax return from 2016 is possible, but it can be complicated given the time that has passed. Typically, the IRS allows taxpayers to amend returns within three years of the original filing date, but there are exceptions, especially if there was a significant error or omission, such as... View More

1 Answer | Asked in Internet Law for Arizona on
Q: Could I get in trouble for recording people without their permission on Discord the person wants legal action for it

I recorded 4 videos about a month ago without anyone knowing I was recording the videos It was sent to someone who sent it to someone else who told the person that the person want's to either take it to court or settle it all without lawyers. I'm wondering if it was illegal to record the... View More

James L. Arrasmith
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answered on Aug 31, 2024

In Arizona, it’s important to know that the state is a "one-party consent" state when it comes to recording conversations. This means that if you were part of the conversation, you’re generally allowed to record it without needing permission from the other participants. However, if... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: Does running from the police in Arizona, after they tell you, you are under arrest, constitute resisting arrest?

A police officer tells a suspect with an active warrant they are under arrest before they put their hands on the suspect. The suspect then runs from the police before the police can make a physical arrest. Does this scenario qualify as Resisting Arrest? Is there Case Law that corroborates the claim?

James L. Arrasmith
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answered on Aug 31, 2024

In Arizona, running from the police after being told you're under arrest can indeed be considered resisting arrest. The law in Arizona, under ARS § 13-2508, defines resisting arrest as intentionally preventing or attempting to prevent a law enforcement officer from making an arrest by using... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: I bought a house and put my ex girlfriends name on it. We broke up, how can I make her move so we can sell the house?

We never married.

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2024

An Arizona attorney could advise best, but your question remains open for over a week. You need to consult with a real estate attorney on this. They would have more insight into this type of matter than a general arbitration/mediation attorney (your chosen category). Not all questions here are... View More

1 Answer | Asked in Criminal Law and Immigration Law for Arizona on
Q: Can you re enter after being charged for drugs and deported and losing permanent residence

2003 husband deported for drugs he should of fought it but ,didnt he was told he could

get is visa back easily. But i have been told they lied to him , he signed voluntary and was removed from usa . Other lawyers have told us it is extremely difficult and rare for coming back legally

James L. Arrasmith
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answered on Aug 4, 2024

Re-entering the U.S. after being deported for drug charges and losing permanent residence is very challenging. Since your husband was deported for drug-related offenses, he may face significant barriers due to the serious nature of the crime.

The process for re-entry typically involves...
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1 Answer | Asked in Bankruptcy for Arizona on
Q: Is multimedia (music CDs, vinyl records, DVDs) and electronic devices to play them exempt up to $15K? Pls advise.

It's my current understanding that electronic devises that play multimedia items are exempt within the $15K max limit for the Electronics category, but I'm not sure about the multimedia items themselves (CDs (compact discs), vinyl records, DVDs). One source said that the multimedia items... View More

James L. Arrasmith
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answered on Aug 2, 2024

In Arizona, the exemption laws for bankruptcy can be complex and may vary based on interpretations. For electronic devices that play multimedia, there is an exemption up to $15,000 under the Electronics category. This covers items like CD players, vinyl record players, and DVD players.... View More

1 Answer | Asked in Federal Crimes, Employment Law, Civil Rights and Employment Discrimination for Arizona on
Q: I live in AZ and I recently applied for a job.Do I have to disclose felonies that are past 20 years?

All the jobs that I have had I always said no on the application due to the age of my felonies. My felonies were from 1996, 1997, 2002 respectively.. I have never been denied employment. This recent employer denied me employment because on my application, like always, I put I do not have a felony..... View More

James L. Arrasmith
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answered on Aug 31, 2024

In Arizona, the law does not automatically exclude felonies from background checks after seven years. Employers may conduct background checks that include criminal history, and there is no statewide law restricting them from considering convictions that are older than seven years. However, some... View More

1 Answer | Asked in Copyright for Arizona on
Q: Intellectual property rights regarding published music.

I wrote, recorded, published a music album in 1983 titled Amber7, now I see many entities dba Amber 7, do I have any legal rights?

James L. Arrasmith
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answered on Jul 31, 2024

If you wrote, recorded, and published a music album titled "Amber7" in 1983, you might have some legal rights to the name and the music, depending on various factors. These factors include whether you registered the album's name as a trademark and whether you have continuously used... View More

2 Answers | Asked in Employment Law, Personal Injury, Products Liability and Tax Law for Arizona on
Q: I have a group of people that harass me SEXUALLY!! CONSTANTLY! ITS AFFECTING MY MENTAL HEALTH!!

Stop! It's embarrassing, I want to stay hidden from everybody!! I get sick. OMG I can't believe this is my life!! Help!! I can't stand them!! Utter disgrace and disgust!!!

Tim Akpinar
Tim Akpinar
answered on Aug 10, 2024

I'm sorry for your ordeal. Reach out to Arizona attorneys to try to set up a free initial consult to discuss in confidentiality your rights and options (depending on the setting - which from the categories you chose, appear to be workplace-related). Good luck

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1 Answer | Asked in Civil Rights for Arizona on
Q: I have been falsely accused of a crime that happened 2 years ago. I have been a T.I. in their "Gangstalking" program.

Their 24/7 interrogation/harassment and framing (wich I documented alot when it first began) has been devastating to me both mental and physical.

I believe that they listened to me complain. That they made a mistake and I was not doing what they accused me of doing in there video. Now they... View More

James L. Arrasmith
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answered on Jul 28, 2024

I'm really sorry to hear what you're going through. It sounds incredibly difficult and stressful. It's important to prioritize your well-being during this time.

Consider reaching out to a trusted friend or family member to share your experience and seek their support....
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1 Answer | Asked in Military Law and Family Law for Arizona on
Q: Divide military retired pay post divorce (AZ) HELP PLEASE

My Ex husband retired from the navy 2018. We got Divorced 2016 CA. Married over 20 years. He waived CA jurisdiction for retirement pay..home of record is AZ where we both live now. I was given alimony but not retirement. In MSA it says it's his separate property. Is it possible to divide it?

James L. Arrasmith
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answered on Jul 28, 2024

It is possible to divide military retired pay post-divorce, even if it was initially designated as separate property in your marital settlement agreement (MSA). Given that you were married for over 20 years and your ex-husband served in the Navy during that time, you may be entitled to a portion of... View More

1 Answer | Asked in Employment Law and Civil Rights for Arizona on
Q: My lawyer. 3 visits in 6 months. Ea visit he charged to reaquaint himself w/ my case & charged for it. Normal?

It's a civil case in the phx area

James L. Arrasmith
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answered on Jul 27, 2024

It's understandable to feel concerned about the charges from your lawyer for reaquainting himself with your case. In legal practice, it's not uncommon for lawyers to charge for the time spent reviewing case files before each visit, especially if there's a gap between meetings. They... View More

1 Answer | Asked in Military Law for Arizona on
Q: Is it possible to Divide military retired pay post divorce?

My Ex husband retired from the navy 2018. We got Divorced 2016 CA. Married over 20 years. He waived CA jurisdiction for retirement pay..home of record is AZ where we both live now. I was given alimony but not retirement. In MSA it says it's his separate property. Is it possible to divide it?

James L. Arrasmith
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answered on Jul 28, 2024

It can be challenging to divide military retired pay post-divorce if the division wasn't included in the original divorce settlement. In your case, since the marital settlement agreement (MSA) specifies that the retirement pay is his separate property, changing this now might require legal... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Arizona on
Q: what if the “victim” Later admits that he consented After Other party is charged

Class 5 felony unlawful distribution of images

Zalman  Sapad
Zalman Sapad
answered on Jul 27, 2024

A.R.S. 13-1425 does not have necessarily require a lack of consent in order for someone to be found guilty of unlawful distribution of images.

The main question is if the "victim" had a reasonable expectation of privacy for that image. As a defense you could introduce evidence...
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1 Answer | Asked in Tax Law, Appeals / Appellate Law and Identity Theft for Arizona on
Q: I was incarcerated from, 2016 -2019 in AZDOC and in 2017 somebody filed my taxes for 2016,2017&irs says I owe them money

In 2020 I filed my taxes n they informed me that there was a return for 2016 that was falsified with a dependent I shouldn't of claimed so I told them it was id fraud that I was in jail and they said they would have to investigate the matter n it could take up to a year but that I should keep... View More

James L. Arrasmith
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answered on Jul 18, 2024

It sounds like you're in a tough situation with the IRS. Since you've already provided proof that you were incarcerated during the years in question and reported the identity theft, it's crucial to follow up on their investigation. The IRS should not be holding you responsible for... View More

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