Arizona Questions & Answers by Practice Area
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Arizona Questions & Answers
Q: How do I file an objection to set aside administration? I question the validity of my dad's will.
Peter H. Westby's answer
This is a complicated matter and I strongly recommend that you hire a probate lawyer to assist you. Since the proceeding is in Nevada, you should speak with a Nevada probate lawyer.
This is a complicated matter and I strongly recommend that you hire a probate lawyer to assist you. Since the proceeding is in Nevada, you should speak with a Nevada probate lawyer.
Q: Is Reprosecution Barred if my Jury Trial was terminated by the Judge after a Motion by the Defense for mistrial?
Mike Branum's answer
The short answer is yes. Whether or not the prosecution is likely to attempt to refile charges will depend on whether or not you (or your previous counsel on your behalf) waived your right to a speedy trial. Arizona requires the prosecution to take a defendant to trial within 150 days of indictment unless the right is waived. If that deadline was already approaching when your last trial occurred there may be insufficient time for the prosecutor to acquire a second indictment, get you arraigned,...
The short answer is yes. Whether or not the prosecution is likely to attempt to refile charges will depend on whether or not you (or your previous counsel on your behalf) waived your right to a speedy trial. Arizona requires the prosecution to take a defendant to trial within 150 days of indictment unless the right is waived. If that deadline was already approaching when your last trial occurred there may be insufficient time for the prosecutor to acquire a second indictment, get you arraigned,...
Q: House painting contract
Bruce Alexander Minnick's answer
Unless the painting contractor has already started work, or has already incurred some expenses--like pulling the permit and purchasing the materials--there is very little the first contractor can do; except sue you of course.
Unless the painting contractor has already started work, or has already incurred some expenses--like pulling the permit and purchasing the materials--there is very little the first contractor can do; except sue you of course.
Q: My grandson has been placed in kinship care in Arizona through DCS. Can we apply to adopt him before my daughter's right
Mike Branum's answer
My first question would be: "Have you spoken with DCS about your desire to adopt the child?" If you are offering to provide a safe, stable home for your grandson DCS may be interested in assisting you in reaching your goal. From there I would have a lot of other questions that would allow me to provide more specific assistance but, lacking any further information, my initial advice would be to obtain an appointment with whomever is managing your grandsons' case for DCS, sit down, and discuss...
My first question would be: "Have you spoken with DCS about your desire to adopt the child?" If you are offering to provide a safe, stable home for your grandson DCS may be interested in assisting you in reaching your goal. From there I would have a lot of other questions that would allow me to provide more specific assistance but, lacking any further information, my initial advice would be to obtain an appointment with whomever is managing your grandsons' case for DCS, sit down, and discuss...
Q: Can parents get there rights back if they were severed in arizona
1 Answer
| Asked
in
Family Law, Adoption, Appeals / Appellate Law and Child Custody
for
Arizona
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Mike Branum's answer
Anything CAN happen but termination of parental rights is not an action the court takes without substantial justification. If you are merely talking about visitation rights the matter is less complicated. Unfortunately it is still far too complicated to tackle using Justia Ask-a-Lawyer. If you are serious about regaining custodial rights you need to speak with a reputable Arizona attorney specializing in family law.
I wish you luck.
Anything CAN happen but termination of parental rights is not an action the court takes without substantial justification. If you are merely talking about visitation rights the matter is less complicated. Unfortunately it is still far too complicated to tackle using Justia Ask-a-Lawyer. If you are serious about regaining custodial rights you need to speak with a reputable Arizona attorney specializing in family law.
I wish you luck.
Q: Can a judge change decisions on bond to no bond if it was already paid ?
Mike Branum's answer
Judges have an enormous amount of discretion in most matters. Without further information it is impossible to determine why the judge may have changed the decision but the short answer is yes, a judge can change a decision on bond even after a bond has been posted particularly where the judge believes the individual in question may either be a threat to him/herself or others or where information indicating an increased risk of flight has been brought to the judge's attention.
Judges have an enormous amount of discretion in most matters. Without further information it is impossible to determine why the judge may have changed the decision but the short answer is yes, a judge can change a decision on bond even after a bond has been posted particularly where the judge believes the individual in question may either be a threat to him/herself or others or where information indicating an increased risk of flight has been brought to the judge's attention.
Q: My brother is in federal custody on a parole violation and was supposed to be released two weeks ago . Who do I call
Mike Branum's answer
As a basic starting point, I would suggest going to www.bop.gov/inmateloc and entering your brother's information. This will at least identify what facility he may be housed in. Once you know what facility he is in, you can do some further research to obtain contact information for the facility and inquire regarding an upcoming release date.
I hope that helps and good luck!
As a basic starting point, I would suggest going to www.bop.gov/inmateloc and entering your brother's information. This will at least identify what facility he may be housed in. Once you know what facility he is in, you can do some further research to obtain contact information for the facility and inquire regarding an upcoming release date.
I hope that helps and good luck!
Q: Are there exceptions to renegotiating an executed purchase contract with the seller?
Bruce Alexander Minnick's answer
As your mother or grandmother probably told you when you were a child, "You cannot have your cake and eat it too."
Under the facts you stated, unless the written buy/sale contract says otherwise, IMPO you have sufficient grounds to cancel the contract based upon the material changes that occurred between you and the lender (not the buyer). Most purchasers are smart enough to invoke the common clause that allows cancellation if financing doesn't work. And in some cases--where the buyer...
As your mother or grandmother probably told you when you were a child, "You cannot have your cake and eat it too."
Under the facts you stated, unless the written buy/sale contract says otherwise, IMPO you have sufficient grounds to cancel the contract based upon the material changes that occurred between you and the lender (not the buyer). Most purchasers are smart enough to invoke the common clause that allows cancellation if financing doesn't work. And in some cases--where the buyer...
Q: I want to transfer my home into a revocable trust. I was told I need to submit an affidavit of property or state an exe
Ryan K Hodges' answer
The exemptions are found at A.R.S. § 11-1134, https://www.azleg.gov/ars/11/01134.htm. Subsection (B)(8) usually applies to transfers to trust, but you should review it and the others to be sure it fits your situation.
The exemptions are found at A.R.S. § 11-1134, https://www.azleg.gov/ars/11/01134.htm. Subsection (B)(8) usually applies to transfers to trust, but you should review it and the others to be sure it fits your situation.
Q: my husband and I jointly own new vehicles with clear titles, don't yet have wills but intend for them to go to our son.
Ryan K Hodges' answer
An agent under a power of attorney cannot usually transfer assets to himself. That is typically considered self-dealing and not allowed. On the other hand, you may look into ADOT MVD Form 96-0561, Beneficiary Designation for Vehicle Title Transfer Upon Death, and really you should get a last will and testament in place.
An agent under a power of attorney cannot usually transfer assets to himself. That is typically considered self-dealing and not allowed. On the other hand, you may look into ADOT MVD Form 96-0561, Beneficiary Designation for Vehicle Title Transfer Upon Death, and really you should get a last will and testament in place.
Q: When does a POA expire? At death?
Ryan K Hodges' answer
A POA can have a specified time to expire. If it does not have a stated expiration date, then it ends at death.
A POA can have a specified time to expire. If it does not have a stated expiration date, then it ends at death.
Q: What To Do When Client Stops Paying Monthly Contract?
Bruce Alexander Minnick's answer
Since you live in New York and the potential defendant lives in Pennsylvania, it makes very little sense to sue for one month's worth of the contract because it will cost you at least that amount to do so. As to whether you should sue for the remainder of whatever it is you wanted to purchase, that would depend upon whether the contract was for some tangible items or was a contract for personal or business services. It also depends on who you are; the purchaser or the provider (seller).
Since you live in New York and the potential defendant lives in Pennsylvania, it makes very little sense to sue for one month's worth of the contract because it will cost you at least that amount to do so. As to whether you should sue for the remainder of whatever it is you wanted to purchase, that would depend upon whether the contract was for some tangible items or was a contract for personal or business services. It also depends on who you are; the purchaser or the provider (seller).
Q: Does owning U.S. property help in an immigration case?
Hector E. Quiroga's answer
Under his circumstances, no. Your boyfriend needs to show that, in spite of the divorce, he and his first wife entered into marriage for love and not to circumvent immigration laws. Because he’s divorced, he should be able to file the necessary form at any time. He might want to talk with an immigration attorney.
Under his circumstances, no. Your boyfriend needs to show that, in spite of the divorce, he and his first wife entered into marriage for love and not to circumvent immigration laws. Because he’s divorced, he should be able to file the necessary form at any time. He might want to talk with an immigration attorney.
Q: If I get evicted from the lot but own the mobile home is it my right to move it?
Aaron J Reed's answer
This is not really a criminal law question as much as it is a landlord-tenant issue. You should consul an experienced attorney that handles landlord-tenant disputes. Many of them will offer a free consultation and will discuss your case and possible issues and remedies to your situation. Best of luck to you.
This is not really a criminal law question as much as it is a landlord-tenant issue. You should consul an experienced attorney that handles landlord-tenant disputes. Many of them will offer a free consultation and will discuss your case and possible issues and remedies to your situation. Best of luck to you.
Q: I plead guilty to a plea deal and a week later the judge denied my plea deal after I already plead to a guilty charge
Aaron J Reed's answer
Thank you for your question. When a person enters a plea agreement in open court, the plea is contingent on the court accepting the plea agreement. If the court defers acceptance of the plea at the change of plea hearing, then the plea is not officially accepted by the court and you may still be able to back out of the plea agreement. The court can also reject a plea agreement for a number of reasons. If the court rejects your plea, you can still choose to remain in agreement with the plea,...
Thank you for your question. When a person enters a plea agreement in open court, the plea is contingent on the court accepting the plea agreement. If the court defers acceptance of the plea at the change of plea hearing, then the plea is not officially accepted by the court and you may still be able to back out of the plea agreement. The court can also reject a plea agreement for a number of reasons. If the court rejects your plea, you can still choose to remain in agreement with the plea,...
Q: Guardianship or Power of attorney? My son 39yrs, an adult. SMI and schizophrenic. I think he is getting worse. I am Mom.
1 Answer
| Asked
in
Family Law, Civil Litigation and Civil Rights
for
Arizona
on
Answered on Apr 8, 2019
Answered on Apr 8, 2019
Peter H. Westby's answer
A guardianship would give you the most control and the most help. Check with your son's physician to see if the physician would support a guardianship.
But speak with someone you trust before commencing this legal procedure. This will be a most difficult task even with a guardianship.
A guardianship would give you the most control and the most help. Check with your son's physician to see if the physician would support a guardianship.
But speak with someone you trust before commencing this legal procedure. This will be a most difficult task even with a guardianship.
Q: im 16, i make about 1000 a month, if i try to get emancipated would the judge be ok stay with me paying rent to a friend
Rich J. Peters' answer
Your rent and your roommate situation would both be relevant factors for the Court to consider. If your roommate is a good decent roommate than I expect you can sell that to the Judge. If not, then maybe the Judge would consider that a deciding factor. I would need to know more.
Your rent and your roommate situation would both be relevant factors for the Court to consider. If your roommate is a good decent roommate than I expect you can sell that to the Judge. If not, then maybe the Judge would consider that a deciding factor. I would need to know more.
Q: Can a difference in mechanics of a product keep a company from recognizing that it was my idea 1st?
Peter D. Mlynek's answer
It does not matter whose idea it was. A person gets a patent on an invention, not on the idea. They could have come up with the idea subsequent to you, or they could have just copied your idea, it does not matter, you do not have any rights to protect.
The only way that you could sue them is if you disclosed an invention to them under a non-disclosure agreement, and they violated the agreement.
It does not matter whose idea it was. A person gets a patent on an invention, not on the idea. They could have come up with the idea subsequent to you, or they could have just copied your idea, it does not matter, you do not have any rights to protect.
The only way that you could sue them is if you disclosed an invention to them under a non-disclosure agreement, and they violated the agreement.
Q: I just found out my bank is going through a process server. Unknown to me the bank had been using a debt collection
Bruce Alexander Minnick's answer
Whether you know it or not, you are avoiding the most important issue here by confusing it with a completely different unrelated issue that probably does not concern you.
First advice: If you owe any money to the bank and have not paid it back, the bank most likely sold the debt to a third party collection company. And it is not al all unusual for collection companies to lie to debtors and say they represent a bank, if they think it will get the debtor to pay up. In any event, your...
Whether you know it or not, you are avoiding the most important issue here by confusing it with a completely different unrelated issue that probably does not concern you.
First advice: If you owe any money to the bank and have not paid it back, the bank most likely sold the debt to a third party collection company. And it is not al all unusual for collection companies to lie to debtors and say they represent a bank, if they think it will get the debtor to pay up. In any event, your...
Q: How do I get my custody case out of California and transfer here to AZ?
Rich J. Peters' answer
I would need to know a bit more.
1. Where does everyone (each parent, children) live now? And for how long?
2. Are you hoping to deal with custody issues? or support issues? Or other issues?
Tell me a little more, and I can give specific advice.
I would need to know a bit more.
1. Where does everyone (each parent, children) live now? And for how long?
2. Are you hoping to deal with custody issues? or support issues? Or other issues?
Tell me a little more, and I can give specific advice.
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