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Arizona Questions & Answers
1 Answer | Asked in DUI / DWI for Arizona on
Q: Is there any way to remove this from record?

I was charged with dui charge, DUI LIQUOR BAC .08 OR MORE - 1ST.

I pled guilty to a different charge, DUI LIQUOR/DRUGS 1st

Matthew Maerowitz
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Matthew Maerowitz
answered on Jun 20, 2024

The charges other than the one/s you plead guilty to should show up as dismissed. You can set aside any convictions after completing all terms of your sentence. If you don't want the case to be visible at all, you can request to seal your records. Normally the court will have information on... View More

1 Answer | Asked in Uncategorized for Arizona on
Q: Need a Lawyer. Ex-boss refuses to pay for bounced payroll checks and a loan. Need help.
James L. Arrasmith
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answered on Jun 15, 2024

If your ex-boss is refusing to pay for bounced payroll checks and a loan, you have legal options to recover the money owed to you. First, gather all relevant documents, such as the bounced checks, loan agreements, pay stubs, and any communication with your ex-boss regarding these issues. These... View More

1 Answer | Asked in Tax Law for Arizona on
Q: I am receiving money from the sale of a house where my name was added to the deed. Will I owe taxes on that money?
James L. Arrasmith
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answered on Jun 14, 2024

When you receive money from the sale of a house where your name was added to the deed, whether you owe taxes depends on several factors. The key considerations include your ownership duration, the house's use, and any capital gains exclusions available.

If the house was your primary...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Arizona on
Q: Can a manager of apartments tell you that your children are not allowed outside w/o supervision or he will evict you

I live in a 2bd weekly rental(Budget Suites) , with my 3 grandchildren ages 10, 11, & 13, in Mesa AZ. The manager has written me up 2 times and says he will evict me because my grandchildren have to be supervised by me anytime they go outside. I work nights, at Walmart, and my grandkids want to... View More

James L. Arrasmith
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answered on Jun 15, 2024

The situation you're describing sounds very frustrating. It's important to know that property managers do have the right to set rules for the safety and order of their properties, but these rules must be reasonable and not discriminatory. If the rental agreement doesn't explicitly... View More

2 Answers | Asked in Bankruptcy for Arizona on
Q: My ex-husband is declaring chapter 7 bankruptcy 5 years ago we did a quit claim deed on my house in Arizona am I at risk

we divorced in 2014 refinanced the house just before the divorce so I could afford the mortgage on one income. I have paid the mortgage this whole time and owe less than 30,000 dollars.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 13, 2024

The reach-back by Bankruptcy law for "fraudulent conveyances" (transfers of assets for less than fair market value) is two years. I'm in PA, and the PA state law for like transfers is four years (which a bankruptcy trustee is entitled to use).

Your question seems to hinge on...
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1 Answer | Asked in Consumer Law for Arizona on
Q: Is it legal for a receptionist to discuss your balance due loudly for others to hear?

I went to my appointment and went to check in. She asked name and then said are you aware of the balance you owe. I said yes. She said a balance of 200+ loudly and asked if I was going to pay. I said not right now but in a few days. I don’t think that is legal and if it is , well it feels like it... View More

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

This is no different than a cashier at a fast food restaurant, grocery store, or retail store telling you the the total amount owed for a purchase. No reasonable person overhearing the conversation would consider it defamatory or really think anything much about it. Her telling you your balance... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Arizona on
Q: Are towing company allowed to enter vehicle without consent in Arizona?

Towing company towed my car over night and my wallet was in there . Long story short he personally told me he went on my car and went in my wallet to take a picture of my id.

James L. Arrasmith
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answered on Jun 15, 2024

In Arizona, towing companies are generally not allowed to enter your vehicle without your consent. Their primary responsibility is to tow the vehicle, and they should not be searching or accessing the contents inside without a legitimate reason and proper authorization. Entering your vehicle and... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: How long is the statue of limitations to file on someone arrested
Voss Skoullos
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answered on Jun 11, 2024

The correct answer corresponds with the specific charge. Let me know the charge and I'd be happy to answer it for you.

1 Answer | Asked in Probate for Arizona on
Q: What form do I fill out and submit to court for removal and replacement of trustee
Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Jun 10, 2024

Unless there is some reason to submit anything to court, such as an ongoing case, there is no reason to submit anything to court. Trust administration is private.

You will need a new certificate of trust naming you as the trustee and if on consent an affidavit from the prior trustee...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: My Arizona HOA says I can't have a Presidential political sign up in my yard right now. I'm looking at ARS 33-1808 (C)

They seem to think that since Presidents aren't on the Primary ballot for July 30th, that I can't have a "presidential" political sign up. I read it as any political signs can be up 71 days before the primary, if the candidate is still in the running. What do you think?

James L. Arrasmith
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answered on Jun 10, 2024

Under ARS 33-1808 (C), Arizona law permits homeowners to display political signs 71 days before a primary election. The key point is whether this law applies to signs for candidates not appearing on the primary ballot. Your HOA interprets the law to mean that only candidates on the primary ballot... View More

1 Answer | Asked in Probate for Arizona on
Q: I am not sure if deliberately stalling a lawsuit or court action is illegal

I am currently involved in a case to remove a trustee with my sibling I was informed that they have deliberately drug their feet in getting information to our lawyer. is there anything I can do about this. I can not speak to our lawyer without my sibling I can not email or have any communication... View More

Anthony M. Avery
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answered on Jun 7, 2024

You will need to hire your own AZ attorney.

1 Answer | Asked in Contracts, Employment Law, Business Law and Civil Rights for Arizona on
Q: I quit my job without notice, and my employer claims that it's impossible to have my check mailed to me.

I quit my job without notice, and AZ law says I have the right to have my final check mailed to me by or before my next pay date. My employer claims I signed my right to this away during onboarding, and is trying to make me drive to the office and sign for my check. The alleged paperwork... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's an analysis of the situation:

1. Arizona Labor Laws:

Arizona labor laws require employers to pay final wages to employees who quit without notice by the next regular payday. The law also allows for the employee to request that their...
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1 Answer | Asked in Civil Litigation for Arizona on
Q: How must expert witnesses disclose previous testimony?

An expert witness must disclose cases in which they offered testimony for the past four years, but what level of information or detail is expected with that? Is it enough to be told it was Smith v. Jones and expert testified for the Jones?

John Michael Frick
John Michael Frick
answered on May 31, 2024

Typically, the expert must disclose the style of the case (i.e. Smith v. Jones), the case number, and the court designation.

For example: Smith v. Jones, Case No. 23-cv-01578-l (D. Az.)

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Arizona on
Q: Would I have grounds to sue Maricopa county for financial compensation

On April 30th I was pulled over for speeding and informed that I had an outstanding warrant out of the state of Idaho and that the issuing county planned to come and get me. So I was taken into custody by MCSO booked into the jail. On May 13th I waived my right to contest extradition giving the... View More

James L. Arrasmith
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answered on Jun 3, 2024

You have grounds to sue Maricopa County for financial compensation due to wrongful imprisonment and the significant losses you suffered as a result. Being held for two extra weeks after the charges were dropped caused you severe personal and financial harm, including eviction, repossession of your... View More

1 Answer | Asked in Family Law for Arizona on
Q: Is it legal for a mother to keep children from the father for no reason?

No custody order or protections order

Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

Your question gets into some legal complexities, but the short answer is that it is not illegal. I'm going to presume they are not married. If they are married, this question has a different answer.

Under Arizona's custodial interference statute, when a child is born out of...
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1 Answer | Asked in Family Law for Arizona on
Q: Can a mother keep the father from seeing his kids by posting a no trespassing sign on her home door?

There is no custody order, protection order, and this is in Arizona.

Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

That's a bizarre way to do it, but, yes, she can. Under Arizona law, she has custody of the children until the father goes to Court to establish his rights.

1 Answer | Asked in Family Law and Divorce for Arizona on
Q: I recently went thru a divorce in Az..In the decree we were ordered to split the debts owed

My ex isn't paying his share of debt ordered in our final decree.I have wanted to file contempt but there's no contempt papers on debts owed all I get is contact a lawyer..I'm not sure why cause it's a contempt on what the judge ordered...Can anyone explain this to me where I go from here

Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

I certainly understand your frustration because it seems like contempt should be the right vehicle for your situation.

The answer to your question is complicated and confusing: Property division (which includes the allocation of debts) are not enforceable by contempt proceedings. They can...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: What are my options as NCP who can't attend a negotiation conference for child support in south carolina

I live in Arizona

Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

If I'm understanding this correctly, you live in Arizona, and your case is in South Carolina? If so, you should ask this question to attorneys licensed in South Carolina. Attorneys licensed in Arizona cannot advise you.

1 Answer | Asked in Land Use & Zoning, Probate, Energy, Oil and Gas and Estate Planning for Arizona on
Q: My dads wife hid assets and alot of mineral and oil rights so I can't find them.im rep of estate,only heir, how to find?

My dad and grandpa had alot of mineral rights I am rep of estate, only heir on,y child, his wife lied to judge and said he had no child I proved I am only child, she has

Gifted and illegally sold some if his assets that should of went to me when she passed, can't find estate house,... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. It sounds like you have been thrust into a difficult role as rep (do you mean administrator or executor?). Maybe the best thing for you do would be to consult with an attorney who handles wills, trusts, estates.... View More

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: My son was born in a different state. What are the steps for filing for "Joint Custody"?
Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

The first is to determine what state has jurisdiction.

For that we first look to what state is the home state. The home state is either

(1) the state your son was born in, if it's the only state he has ever lived in;

OR

(2) the state where he most recently...
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