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Arizona Questions & Answers
1 Answer | Asked in Construction Law for Arizona on
Q: At what time can you start the use of machines in az?

The use of machines and noise making in residential area

Tim Akpinar
Tim Akpinar answered on Jan 16, 2021

An Arizona attorney could advise best, but your question remains open for four weeks. Noise ordinances can be specific to a city, town, or county, so in addition to state laws, you may need to look into what the law is in Phoenix. You could check with the offices of local lawmakers or other elected... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If someone is impeding your movement IE standing in a doorway and will not move after being asked, is it a violation of

IE standing in a doorway and will not move after being asked to move is it a violation of any Arizona state laws to attempt to push them aside? Also after attempting to push them aside is it a violation of the law for them to assault you and place you in a chokehold.

Mike Branum
Mike Branum answered on Jan 15, 2021

While you could potentially be guilty of assault criminally, you could potentially argue you had no choice but to touch the alleged victim in order to facilitate your escape from the situation (provided, of course, it was your only means of egress). Assaulting you and placing you in a chokehold... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: Stolen title, insurance fraud, and fraudulent title transfer

My ex stole my title, unsigned but yes with the bill of sale I was given showing proof of payment for said vehicle, it was MY title. my roommate signed said title and now is the owner of my vehicle. He doesn't have keys nor does he have the vehicle itself. I do. I need help. PLEASE

Mike Branum
Mike Branum answered on Jan 12, 2021

I would hope if you are posting here that you have already contacted law enforcement and they were of no assistance. If not, you should contact the law enforcement agency for the jurisdiction and file a criminal complaint.

If law enforcement involvement does not resolve your issue, you will...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: I'm required to go to the police station that I was taken to on the 8th to get fingerprinted n mugshot. Should I go?

Why did t the police do this on the date of the "DUI"? I wasn't even given a court date. Just a impounded vehicle and this paper that says my dui charges and that I have to show up on a wed. at least 10 days from date of ticket to get thos done. No court date. They couldn't... Read more »

Brian C. Soto
Brian C. Soto answered on Jan 12, 2021

Yes you should go. That is a court order.

It sounds as though you were cited and released. Fingerprinting is part of the booking process had the arresting officer decided to book you into jail you would’ve already been printed.

Lastly, your cooperation is in no way an admission of guilt.

2 Answers | Asked in DUI / DWI and Constitutional Law for Arizona on
Q: I got arrested because I unfortunately decided to rest my eyes for a sec while I was parked at the gas station.

I was scratching a lottery ticket and I didn't think I was sleeping but the cop said he was standing there for "5 mins" I was arrested and charged with 2 DUI's. Blew 0.00 blood could not be drawn and urine sample was taken. I told the officer that my pee would not be clean but I... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Jan 11, 2021

You should contact a criminal defense attorney as soon as possible. Peoria often draws blood so it is curious as you post blood could not be drawn. A urine test may have issues with the results. There also may be an issue as to driving or actual physical control. You should avoid posting any... Read more »

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2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Is it possible for a judge to grant visitations unsupervised to a child that has not had a relationship with her father?
Peter W Davis
Peter W Davis answered on Jan 8, 2021

The short answer is yes, it is possible. However, just like any other case it is detail and case specific. The judge will make a best interest finding in determining what the best interest of the child is, and most of the time in this sort of situation that would be a stepped plan to introduce... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: I want to use an ice cube bag tray to sell my product that has a patent. Can I still use it without legal issues?

I have seen many of these types of ice cube bags sold on amazon, but I want to clarify if I can fill them with my liquid and sell them.

Timothy John Billick
Timothy John Billick answered on Jan 7, 2021

To conduct a worthwhile patent analysis, please provide an experienced patent attorney with product photos or samples along with the patent(s) at issue.

Your question is unclear if you are making, using, selling, or offering for sale a patented invention.

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1 Answer | Asked in Probate for Arizona on
Q: Is it required to file a final accounting in Maricopa County of Arizona with informal intestate probate court?

I have paid all creditors and surpassed the notice mark long ago (back in June 2020). All that's left to do is distribute to myself and two other heirs. The jargon on packet three of Maricopa informal probate is confusing. It seems it isn't necessary unless I feel it is required or my... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Jan 5, 2021

One option is to file waivers of accounting (along with a release of liability and waiver of notice of any further filings) from the other beneficiaries with the court. That helps “skip” some steps. I hope that helps. Happy New Year!

1 Answer | Asked in Agricultural Law and Cannabis & Marijuana Law for Arizona on
Q: Under prop 207 am I aloud to sell plants

Just wanted to know if selling marijuana plants is legal

Brian C. Soto
Brian C. Soto answered on Jan 3, 2021

The short answer is no.

In order to sell marijuana plants and/or marijuana, and extracts you will need to be licensed as a retailer by the Arizona Department of Health Services. Under A.R.S. § 36-2852(A)(4), you are entitled to transfer "up to six marijuana plants to an individual...
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1 Answer | Asked in Child Support for Arizona on
Q: Calculating days for child support, do we use actual parenting time or time according to our original plan

My ex wants to modify child support- We divorced 5 years ago and at that time we agreed no support was owed either way. He now wants support- he is making less and has another child. Parenting plan gave us 3.5 days each exactly

In 2019, we informally modified our schedule. Our child is... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

You cannot modify parenting time order informally. The original order remains binding until modified by the court. The same applies for child support. If parents cannot reach accommodation on parenting time to present jointly to the Court, you will have to go back to court and present your... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: I have questions about modifying child support

My stepdaughter's mother does not work(by choice) she relies on her husband to support their family. My husband and I both work, I am trying to figure out how to properly do the child support calculator to have an idea of what we should look at when we go to court to modify. I am wondering if... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 1, 2021

Only the two legal parents income is counted. There may be an indirect consideration of the court for household income, but that is not a legal consideration and the court should be reminded of that. If the other parent is unemployed, for a variety of reasons the court may only attribute fulltime... Read more »

1 Answer | Asked in Car Accidents for Arizona on
Q: Arizona, Can you be issued a traffic citation a week after an accident had occured?

i was hit from behind by a city bus, originally no faulted, now theyre saying theure bringing me a citation

Tim Akpinar
Tim Akpinar answered on Jan 1, 2021

An Arizona attorney could advise best, but your post remains open for four weeks. As a GENERAL rule nationwide, the short answer is "yes." Good luck

Tim Akpinar

2 Answers | Asked in Real Estate Law and Probate for Arizona on
Q: What do i need to do to protect myself from anyone taking the house. From me?

Iive been purchasing a home from the owner the last 7 years and the owner just died worried the owner sister pulled a bunch of trickery trying to get me out of house when owner was real sick in the hospital awhile back so i fear she will strike again

Nina Whitehurst
Nina Whitehurst answered on Jan 1, 2021

Hopefully you had a written contract with the decedent and you kept good records. If so, it should be a simple matter of presenting your claim to the probate court.

If you did not have a written agreement then your likelihood of success is greatly diminished but given what is at stake, it...
Read more »

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2 Answers | Asked in Family Law for Arizona on
Q: after a 15 year relationship but not married, do I need to do a legal separation, or do I need to do anything.
Mike Branum
Mike Branum answered on Dec 30, 2020

Only if the two of you have acquired real estate or other items of substantial value that you need to ensure are divided equitably. Barring that scenario, take with you the good memories and, hopefully, some lessons learned and move on. Leave all the bad memories and any resentment behind.... Read more »

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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Can I write something out myself, giving my son's father sole custody, and then have it notarized, and give it to him?

We have an equal joint custody agreement in the state of Arizona.

Mike Branum
Mike Branum answered on Dec 30, 2020

There are a lot of things one CAN do and then there are the things one SHOULD do. You should file a joint petition with the Court (assuming the child's father agrees to his having sole custody) and have the Court issue a modified child custody order. Changing child custody and parenting time... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: Can I print a similar design but with different wording and logo as the texas roadhouse logo without infringing trademak
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2020

Depends on how similar it is.

You should consult with an attorney.

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2 Answers | Asked in Criminal Law for Arizona on
Q: Under what ground are you not assigned a lawyer in pinal County

I was long formed for shoplifting given a court date I went in and told the judge not guilty they assigned me another telephonic court date in which the County attorney presented information to me and gave me options one would include a plea and I don't understand any of it and I asked if a... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Dec 28, 2020

You always have the right to an attorney meaning at any point you can consult or hire a lawyer. You are only entitled to have the court appoint an attorney for you if you are indigent and the punishment may involve the loss of liberty. In some courts, the judge will appoint an attorney any time... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: How to make sure my last wishes (to have sexual relations with my husband or others) (notarized in will) legal?
Mike Branum
Mike Branum answered on Dec 28, 2020

Your question does not make sense. If you have a legitimate question, I would suggest you attempt to express it in such a way that the attorneys on Justia are able to provide you with a response. Have a great 2021!

2 Answers | Asked in Copyright and Gaming for Arizona on
Q: Am I able to use music from a game I am making a video review on in that video?

I am unfamiliar with copyright laws so I needed help with several questions regarding copyright and fair use. If I make a video review of a video game, am I allowed to use music from that game in the video for the purpose of review/critique? Is it fair use? If not, how can I contact these companies... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2020

The default is you should not use any content without permission.

Consult with an attorney for specific guidance on your risks of using any portions of other people's content.

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1 Answer | Asked in Criminal Law for Arizona on
Q: Can u travel from AZ to Tn with a 10 yr old warrant
Matthew Maerowitz
Matthew Maerowitz answered on Dec 23, 2020

A warrant is still a warrant no matter how old it is and you can be arrested at any point until you resolve the warrant. Does this mean you will definitely be arrested the second you step foot in Tennessee? No, but you are at risk whenever you have any contact whatsoever with law enforcement. If... Read more »

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