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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

1 Answer | Asked in Criminal Law for Arizona on
Q: How do I get heard in my case? There are important mitigating circumstances but my attorney isn't hearing me. Human smug

He hasn't given me his plea version. The plea packet from the Prosecutor was literally lies they wanted me to plead guilty to

John Michael Frick
John Michael Frick
answered on Jul 15, 2024

You can reject the plea deal and ask that your case be set for trial or you can reject the plea deal and ask for an open plea. An open plea is where you are not accepting the plea deal offered by the prosecution but want the judge to consider specific facts and circumstances in assessing your... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I got arrested for third degree trespassing and the officer wrote the wrong year for the date of the offense can dismiss
Zalman  Sapad
Zalman Sapad
answered on Jul 27, 2024

If the case goes to trial and the prosecutor does not realize that the citation or charging document contains the incorrect year -- that is a dismissal at trial.

A skilled defense attorney can find a way to use this. It is common for the prosecutor to realize the "technical...
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1 Answer | Asked in Appeals / Appellate Law and Federal Crimes for Arizona on
Q: i filed an SA petition with court of appeals and was granted. later denied jurisdiction and petition supreme court

supreme court is pending accepting petition but court of appeals denied but is under review for the stay even after denial jurisdiction, how does that work?

James L. Arrasmith
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answered on Jul 21, 2024

Navigating the court system can be complex, especially with overlapping jurisdictions. When your SA petition was initially granted by the Court of Appeals but later denied for jurisdiction, it means they found the issue to be outside their authority. However, they are still reviewing the stay,... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I DONT FEEL THE PUBLIC DEFENDER IN YUMA ARIZONA IS REPRESENTING ME WELL HOW CAN I CHANGE HIM WITH A GOOD REASON.

I HAVE BEEN INCARCERATED FOR 1 1/2 MONTHS AND HAVE TALKED 1X ON THE PHONE BUT BEEN TO COURT 3X WITH NO REPRESENTATION

Tim Akpinar
Tim Akpinar
answered on Jul 21, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. The question may have been overlooked under the "Wrongful Death" heading. You could repost under "Criminal Law." That doesn't guarantee a response, but criminal defense attorneys who are... View More

1 Answer | Asked in Immigration Law for Arizona on
Q: On form I-485, spouse is British military, does this count as an org that has "used a weapon or explosive to harm"?

Trying to answer questions 14-86b. He is in the British air force as an engineer. These questions seem like they include military but sound like intent to harm instead of intent to protect. Want to answer correctly.

James L. Arrasmith
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answered on Jul 18, 2024

When filling out form I-485, it's important to understand the intent behind the questions, especially those related to the use of weapons or explosives. Since your spouse is in the British air force as an engineer, their role is likely focused on maintenance, repair, and engineering tasks... View More

1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: As a new purchaser of land that was currently involved in tax lien foreclosure action, do I have the right to redeem?

I bought the parcel from the owner. The owner had tax lien certificates against the property older than 3 years, and the certificate holder had initiated foreclosure. After I recorded the transfer I notified plaintiffs attorney. The attorney had a motion for default filed and after being notified I... View More

James L. Arrasmith
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answered on Jul 18, 2024

As a new purchaser of the land, you do have the right to redeem the property. In Arizona, the plaintiff's attorney should have notified the court of your ownership change and provided you with the complaint, summons, and other necessary documents. Given that you recorded the deed and promptly... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Can I hire a private attorney for a plea agreement that is simply like "everyone else's"?
Zalman  Sapad
Zalman Sapad
answered on Jul 27, 2024

Everyone has a right to an attorney--if they want to pay for it.

If you can't pay for it, you usually just go with whichever contract attorney or public defender is assigned to your case.

Many folks choose to hire a private counsel for a 2nd opinion on a plea offer. Another...
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1 Answer | Asked in Traffic Tickets for Arizona on
Q: Pulled over not because any traffic violation, but someone called in that I was resting in my car.

This happened in Mesa Az.

So my question is does 8 cops for a phone call constitute as harassment or police intimidation. There was no traffic violation that occurred while they were following me therefore there was nothing supporting the concern for me resting in my vehicle on public... View More

Zalman  Sapad
Zalman Sapad
answered on Jul 27, 2024

Unfortunately, police officers get away with violating many of our rights through something referred to as the "community caretaking exception" or welfare check exception.

Generally, the Constitution gives everyone the right to be free from unreasonable detainment by law...
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1 Answer | Asked in Estate Planning for Arizona on
Q: Can a notary make you cross out a line in your will?

I went to a bank to get my simple will notarized and he would not notarize it unless I has a Doctors note saying I am of sound mind and body. I have never heard of such a thing. The will clearly states that I am stating I am over 18 yrs old, of sound body and mind, and under no constraint and... View More

Anthony M. Avery
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answered on Jul 8, 2024

A notary cannot make you do anything. However you cannot make the notary seal a document either. You may wish to find another notary, and probably some witnesses. Better yet, hire an AZ attorney to draft and execute your Will. Apparently there is something clearly odd or wrong about the... View More

Q: I need a business litigation lawyer probono where can I find this help for a native Mexican women business part owner

Azdhs license billing that opened a memtal behavior health clinic to help natives

I'm the licenses holder

Native exploitation for me and 2 others possibly 3

Had a agreement changed operating agreement multiple times

Paid cap out in increments made it sound and... View More

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. Until you are able to discuss with Arizona attorneys familiar with local legal resources, one option might be to look into legal aid organizations or state & local bar associations. Good luck

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1 Answer | Asked in Domestic Violence and Civil Rights for Arizona on
Q: I filed a restraining order against a person and had him served and after being served he began sending me requests

The officer never filed the charges and my wife and I were assaulted in our home by the person and he still refuses to file charges do I have a lawsuit

James L. Arrasmith
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answered on Jul 27, 2024

You may have grounds for a lawsuit based on the officer's refusal to file charges and the subsequent assault. The failure of law enforcement to act on your restraining order and protect you could potentially be considered negligence. You should gather all relevant documents, including the... View More

1 Answer | Asked in Military Law for Arizona on
Q: Plea of NJP + ADSEP after my EAS.

I was placed on legal hold a week before my EAS for UA and Disobeying an order. I signed a plea saying that I agreed to be NJPd and AdSep without a board. When will they let me go? My EAS is July 15, Legal Officer said most likely in October. Is this possible? Could they keep me for longer? I have... View More

James L. Arrasmith
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answered on Jul 18, 2024

It sounds like you are in a tough situation. Even though your EAS was on July 15, being placed on legal hold for UA and disobeying an order can delay your separation. The timeline given by the Legal Officer, suggesting you might be released in October, is possible since administrative separation... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Contracts for Arizona on
Q: I gave Jamison wells $40,000.00 for land . I moved here and now he wont parcel out the property for me. what do I do

I have signed receipts with witness signatures as well as text messages that he says I paid him for the property. I also have texts where he threatened my property so I got an injunction of harassment against him. As well as him threatening to kick me off of his property. without that parcel... View More

Anthony M. Avery
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answered on Jul 1, 2024

Why did you not get a Deed? Now you will have to sue seller for specific performance, and you must have perfect proof that you paid the agreed consideration. But why did you get an injunction without suing for the land? Hire an AZ attorney.

1 Answer | Asked in Civil Litigation and Criminal Law for Arizona on
Q: Our company had a vehicle stolen from our property. The people were arrested and that property was recovered by police

Are crane unit that was on our record truck? Let's put on another truck about the people arrested. The tow company does not want to allow us to take the crane off And charges a three thousand dollar impound fee. The property was stolen. It was recovered during a raid, and the people are... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're dealing with a complex situation involving stolen property, recovery, and impound fees. Let me break down the key points and offer some suggestions:

1. Property status:

- Your company's vehicle was stolen.

- The vehicle had a crane unit...
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1 Answer | Asked in Family Law for Arizona on
Q: My husband wants to pay spousal support for only 1 year help!

We have been married for 18 years 7 months

I have no job at the moment but based on me making 18.00 an hour in the past he thinks he can get away with paying spousal support for 1 year. I have been 100% dependant on him for 18 years and would not be able to support myself financially after... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

You should read the attached article discussing the types of alimony available in Arizona:

https://thevalleylawgroup.com/blog/qualifications-alimony-az/

It would be extremely unusual for a court to award alimony after a divorce for an undefined period of time such as until you...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Arizona on
Q: How do I know when a patent is expiring?

Do patents expire?

James L. Arrasmith
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answered on Jul 2, 2024

Yes, patents do expire. To answer your questions:

1. Patents expire after a set period of time from their filing date:

- Utility patents (the most common type) expire 20 years from the earliest filing date of the application.

- Design patents filed on or after May 13, 2015...
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1 Answer | Asked in Divorce for Arizona on
Q: How can I get someone in Arizona look at my husband’s W-2 for income? Thank you for your assistance.

We have no money to pay an attorney. He is a radiology technician at Banner Del Webb & everyone is afraid of him. He has women in & out in front of his 4 & 7 year old children.

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

If you file a joint tax return, order a copy of the complete return from the IRS.

1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: Can a tax lien foreclosure affect credit score? Tax liens aren’t reported but what about tax lien foreclosures?

I just found out I am a joint owner of a property that dates back to a previous marriage 30 years ago. Just was served with a lawsuit to take ownership of thr property via proprty tax lien. I have no interest in the property but don’t want to hurt my excellent credit. Not sure if I should... View More

James L. Arrasmith
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answered on Jun 25, 2024

This is an important question regarding tax lien foreclosures and their potential impact on credit scores. While I can provide some general information, please note that for specific legal advice about your situation, you should consult with a qualified attorney in Arizona who specializes in... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: How do I press charges on a minor that assaulted my minor son Resulting in broken hand.

Police said they closed investigation and no more they will do

John Michael Frick
John Michael Frick
answered on Jun 20, 2024

You theoretically could talk to your local district attorney but it is unlikely that criminal charges will be brought if police have investigated the incident and closed their case.

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