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Arizona Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: i have a charge for criminal damage and disorderly conduct x5 i want to k ow what will happen if i plead guilty
Zachary Divelbiss
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answered on Feb 20, 2024

Every case is different and since you were charged with 6 criminal misdemeanors, I strongly recommend that you hire a private lawyer to defend you. If you only had one charge, then that might be a different situation where online advice could be helpful.

That being said, here is what I can...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Could someone apply for parole if their release date is on 2025? Sentenced to 3 in a half years but past mandate test?

Also completed many programs and received many certificates. Unfortunately the charge was aggravated assault,and disorderly conduct. If he hasn't gotten any tickets in prison, and working, and staying out of trouble. Could he apply for parole late 2024? Thank you!

T. Augustus Claus
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answered on Feb 8, 2024

In Arizona, eligibility for parole depends on the specific laws and guidelines that govern parole decisions, including the type of offense committed and the individual's behavior while incarcerated. For someone sentenced to 3 and a half years for aggravated assault and disorderly conduct,... View More

1 Answer | Asked in Contracts, Criminal Law, Divorce and Personal Injury for Arizona on
Q: I need a lawyer to write up a demand letter.

I'd rather explain in person if I could bc it'd be a lot easier. Bc there is a lot involved and not sure what direction to go with this issue. Civil Rights, Domestic Violence, interference with business relationships, Cyber stalking, Hacking, spying, tampering with personal properties,slander

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2024

An Arizona attorney could advise best, but your question remains open for three weeks. It could be difficult for attorneys here to offer their services or a consult, as you mention your preference to explain in person. You'd need to reach out to attorneys. In addition to your own independent... View More

1 Answer | Asked in Civil Litigation for Arizona on
Q: In civil court if the filing party does not show up to the court date isn't the case thrown out?
James L. Arrasmith
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answered on Feb 4, 2024

In civil court, if the party who filed the case fails to appear on the scheduled court date, it does ALWAYS automatically result in the case being thrown out, although it very well may. Instead, the court may proceed with the case in the absence of the filing party, potentially leading to an... View More

1 Answer | Asked in Family Law for Arizona on
Q: Can a 12yr old be held in contempt for not visiting the non custodial parent when there is a court order

My child refuses to visit their father even though we have a court order that says she has too. She hasn't visited him in months and now he is saying he will get her held on contempt for not visiting. I have tried to get to go but she refuses and now says she will runaway and self harm if she... View More

Stephen M Vincent
Stephen M Vincent
answered on Feb 2, 2024

A 12-year-old cannot be held in contempt.

The 12-year-old is the subject of the Court order, but the Court has not ordered her to do anything. A Parenting Plan orders the parents as to what they are to do regarding to the child. Therefore, the 12-year-old has not violated the Court order...
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1 Answer | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

T. Augustus Claus
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answered on Feb 1, 2024

In Arizona, if your husband died while on the job, you may be entitled to workers' compensation benefits, which could include a lump-sum payment. However, the specifics of your case, including the terms of any settlement or award, would depend on various factors such as the circumstances of... View More

1 Answer | Asked in Family Law, Civil Rights and Elder Law for Arizona on
Q: Is there a way to Revoke my sister's power of attorney for medical - negligent in her duties. Do not want guardianship

She has filed an order of protection against me and has stated she is not capable of taking care of my mother because she suffers from many ailments. I paid and spoke with an attorney and he said I did not have a strong case to try and seek guardianship trying to figure out what options I may have... View More

James L. Arrasmith
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answered on Feb 1, 2024

Revoking a power of attorney for medical decisions in Arizona typically requires specific actions and may depend on the terms of the original power of attorney document. Here are some steps to consider:

1. Review the Power of Attorney Document: Examine the power of attorney document to...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arizona on
Q: I am a pro se litigant in a case for discrimination offered to ask for a settlement how much should I say% of the total

Terminated from falsified docs and have a right to sue from EEOC

James L. Arrasmith
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answered on Jan 30, 2024

When considering a settlement offer for a discrimination case, it's important to assess various factors. The percentage you should propose depends on the specific details of your case, such as the strength of your evidence, the damages you've suffered, and the potential risks and costs of... View More

1 Answer | Asked in Contracts and Consumer Law for Arizona on
Q: I live in Arizona. We got solar panels and First rain our roof leaked. Can I sue? They don’t want to fix it.

They state the issue was there before the solar panels. Our house was brand new built in 2020 manufactured home. We had bad storms before that caused no leak. The first rain after the solar panel installation, our roof started leaking out of our smoke detector. They got on the roof and stated... View More

T. Augustus Claus
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answered on Jan 29, 2024

In Arizona, if your roof started leaking after the installation of solar panels and the company refuses to accept responsibility, you have several legal options. First, review your contract with the solar panel company to understand any warranties or clauses regarding damage during installation. If... View More

1 Answer | Asked in Civil Rights for Arizona on
Q: Ima be taking a Uber my bf has warrents but I want him to go if we get pulled do we have to give police his name

He has many warrents an we don’t wanna risk him going with me to the er if he could potentially get arrested if we’re stopped so can we refuse to give his name or what would happen

James L. Arrasmith
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answered on Jan 28, 2024

If you are stopped by the police while traveling with your boyfriend, the situation can become complex due to his outstanding warrants. If the police have a reason to identify everyone in the vehicle, they may ask for identification from both of you. While as a passenger, he isn't... View More

1 Answer | Asked in Employment Law for Arizona on
Q: Can my husband be discriminated against and NOT HIRED by a company because his wife was fired from the same company?
James L. Arrasmith
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answered on Jan 28, 2024

In general, employment decisions should not be based on an applicant's relationship to a current or former employee. However, the specific laws and regulations governing employment practices can vary depending on the state and the specifics of the situation.

In Arizona, employment is...
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1 Answer | Asked in Tax Law, Business Formation and Business Law for Arizona on
Q: Is it possible to add a second DBA to my existing LLC in Arizona?

My husband and I own an LLC business in Arizona with S-Corp tax status. (My husband is a self-published author, so our LLC falls into the Independent Artists category.)

I'm an oil painter and I now want to start selling my oil paintings online. I'd like to use a different name... View More

James L. Arrasmith
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answered on Jan 26, 2024

In Arizona, it is indeed possible for an LLC to operate under more than one "Doing Business As" (DBA) name. This allows a single legal entity, such as your LLC, to conduct various types of businesses under different names while maintaining the same underlying ownership and legal... View More

1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: How does AZ/Santa Cruz County law deal with foreclosure of a property when tax liens are owned by multiple parties?

Let's say I purchase a tax lien on a property that has tax liens from 5 prior tax years owned by someone else. How does foreclosure work in this situation?

James L. Arrasmith
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answered on Jan 26, 2024

In Arizona, particularly Santa Cruz County, when there are multiple owners of tax liens on the same property, the foreclosure process works as follows:

1. The most recent tax lien takes priority. So in your case, you as the most recent tax lien purchaser would have the first priority...
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1 Answer | Asked in Employment Law, Civil Rights and Constitutional Law for Arizona on
Q: I am a Limo driver. And in between jobs,I take my vehicle home. My Employer does not want me to do that!

My Employer wants me to remain in the vehicle. But will not pay me for the time that I am in between jobs. Which I feel that I am in my "FREE" time to go home till I need to go back out for my next job. Is that illegal?

James L. Arrasmith
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answered on Jan 26, 2024

It is generally legal for an employer to require employees to remain in company vehicles in between jobs or tasks, even if the employee is not being paid during that time. Under both federal and Arizona law, travel time is only considered compensable work time under certain circumstances.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: If the police knock on your door, you answer. They say your under arrest. Do you have to go with them?

Do you have to step out of your home and go with them. If they do not have a warrant.

James L. Arrasmith
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answered on Jan 26, 2024

Yes, if the police knock on your door, announce they are there to arrest you, and order you to come out, you legally have to comply and go with them even if they do not have an arrest warrant.

Police officers are legally allowed to make warrantless arrests if they have probable cause that...
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1 Answer | Asked in Civil Litigation for Arizona on
Q: My step father abandon his 12ft teardrop camper trailer on my property. It has been since June of 2023. He is not dead.

A tpo was issued against him because he got violent when I told him I was moving all his abandon property into storage. The tpo was lifted Nov 24th 2023. Still have not heard a word from him. How and what do I need to do to get a title so I can sell the trailer

James L. Arrasmith
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answered on Jan 25, 2024

In Arizona, dealing with abandoned property, especially vehicles like your stepfather's camper trailer, involves specific legal steps. Since the trailer has been on your property for several months, you may have grounds to claim it as abandoned property. However, you'll need to follow the... View More

1 Answer | Asked in Family Law for Arizona on
Q: What are my after judgment options to file besides appeal in Arizona family court?

I got a judgment on Dec 19, 2023 and filed Rule 83 to alter amend. Motion was denied and clerk marked it on January 22, 2024. When is still timely to file notice of appeal?

Can I file Rule 84 and or 85?

How will filing Rule 84 and or 85 affect appeal timeline and deadline?

Rich J. Peters
Rich J. Peters
answered on Jan 25, 2024

You need to file your Notice of Appeal on or before the 30th day after the entry of the ruling on your rule 83 motion. You cannot be one day late. Although I don't know the specifics of your matter, and although there are exceptions to every rule depending on the circumstances, I expect that... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: HOA Directors and Management company's mismanagement is causing huge special assessment fees and loss in equity of home.

I own a single family residence in Mesa and the community association is in financial crisis. After speaking to the management company, who advised me to sell quickly, I found out that we are looking at first a very large special assessment, and then even then still there's a strong... View More

Peter H. Westby
Peter H. Westby
answered on Jan 24, 2024

You and the other homeowners may have a case against the board of directors for their mismanagement and breach of duty. From the information you disclosed, this should be considered. The directors may have purchased a policy of errors and omissions insurance coverage. If so, a claim could be... View More

1 Answer | Asked in Personal Injury for Arizona on
Q: Can I file a suit for loss of enjoyment of life, emotional suffering, falsefuture promises after being mislead for years

I was in a relationship for over 6 years. It was lie after lie, after lie and he knew I suffered from ptsd and had clinical depression. I was actively seeing a counselor/therapist since losing my husband of 10 years and yet he found it ok to criticize me and call crazyor psycho. Tormented me for... View More

James L. Arrasmith
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answered on Jan 24, 2024

The legal grounds for a lawsuit based on emotional suffering and deceit in a personal relationship can be complex. While emotional distress is a legitimate reason for a lawsuit, the specific circumstances of your situation, particularly in a personal relationship, can make it challenging to pursue... View More

1 Answer | Asked in Civil Litigation for Arizona on
Q: Someone in my neighborhood keeps parking their car in my driveway. What can I do, who do I talk to, what are my options?
James L. Arrasmith
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answered on Jan 22, 2024

If someone is repeatedly parking in your driveway without your permission, this is considered trespassing on private property. The first step is usually to approach the neighbor directly and politely ask them to stop parking in your driveway. Often, a simple conversation can resolve such issues.... View More

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