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Arizona Questions & Answers

1 Answer | Asked in Banking, Contracts, Family Law and Probate for Arizona on

Q: I was told by bank on phone inquiry I made about a checking account balance then they tell me I had a savings also mine.

I didn't have time for asking for the finding out more about some sort of account that I was beneficiary or some kind of account from a will. I didn't get the information about account number or any info about this account, just told on phone call to the banks 1800number, then I went to the bank... Read more »

Bruce Alexander Minnick answered on Jun 17, 2019

The bizarre story has all the markings of a scam in the making. Why? Because reputable banks do not just call people on the phone to discuss their bank accounts--especially if the person called has no idea they had the "accounts."

1 Answer | Asked in Juvenile Law for Arizona on

Q: i was found with a wax pen and its a felony in AZ but i'm only 16 can i somehow get that dropped to a misdemeanor

i was caught bc of shop lifting and lied to the cop so idk how thats gonna go in court and i dont have any priors

he told me my papers will come in the mail but people told me that when cops say that is just to scare me and he isnt gonna press charges

Zachary Divelbiss answered on Jun 17, 2019

You really need to contact a lawyer as soon as possible! You are a juvenile and are facing a felony. These are two very important things that you should value deeply and want to solve the right way. There is good news with recent changes in the law and it is possible to have your case completely... Read more »

1 Answer | Asked in Consumer Law, Contracts and Car Accidents for Arizona on

Q: Who should pay, me or the mechanic?

I have a car that overheated and went to a mechanic to fix it. He told me that I have to replace the fan with a new one so I was ok with it. He ordered an aftermarket fan and replaced it. After 3 months the car overheated. I called him and said the car overheated and he said to bring it back to the... Read more »

Bruce Alexander Minnick answered on Jun 16, 2019

Your mechanic who fixed the car agreed to fix it again; find a way to take it back to him. No excuses.

1 Answer | Asked in Criminal Law for Arizona on

Q: I was charged with dangerous drug and paraphernalia and completed my probation term. Now they are trying to charge drive

Zachary Divelbiss answered on Jun 13, 2019

I am not sure what they are trying to do to you now that you have completed your probation term. I recommend you contact me as soon as possible to best protect yourself from an more legal issues. Zach@Divellaw.com or 480-935-6545

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on

Q: If someone call the police on me and left, can I be detained until they show up to give their statement?

Zachary Divelbiss answered on Jun 13, 2019

This is a tricky question to answer because there are many specific things that can happen that need to be evaluated. However, the quick and simple answer is that as long as the police are conducting an investigation they are allowed to detain you. Now, there are other legal things to bring into... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: 3rd degree burglary and theft is most likely sentenced to how many years in AZ?

Zachary Divelbiss answered on Jun 13, 2019

Burglary in the 3rd degree is a class 4 felony. If the person does not have any prior felonies (among other issues) the range of sentencing is: probation -- 1 year -- 1.5 years -- 2.5 years -- 3 years -- 3.75 years. I cannot get any more specific in answering your question but if you know someone... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: My daughter is incarcerated at the Sate prison in Perryville, Goodyear. She is serving a three year sentence for non

violent crime. In October she developed breast cancer and after eight months has not been started on therapy, she is presently at stage 3a. In similar cases as dire as this how can she get a earlier release or furlough to receive life saving care. her release date is Feb. 2020.

Zachary Divelbiss answered on Jun 13, 2019

My best recommendation is to contact Middle Ground Prison Reform at middlegroundprisonreform@msn.com. They handle these kind of issues on a daily basis and are former judges.

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on

Q: Good day, how can I know if there is an arrest warrant against any person or, if applicable, an extradition order?

The intention is to know where the problem is (we already know that he has a problem) and try to attend to it.

Zachary Divelbiss answered on Jun 13, 2019

One of the best ways to see if someone has a warrant is to contact the Department of Public Safety at 602-223-2233. They will ask for your name and date of birth in order to look up if you have a warrant and will be able to tell you right then and there.

1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on

Q: How can I get my license back I was pulled over vehicle taken about two years ago changed my life since job family

I need to get LIC back to go to work even if payment plan small I have proof I moved was stranded in California never received noticed didn't know warrant existed help

Zachary Divelbiss answered on Jun 13, 2019

The answer is fairly simple however the process can be complicated. Essentially, you have to contact the MVD and have them provide you a copy of your driving record. You can typically do this online or in person. Then, on the report you will be able to see which court, if any, have a hold on your... Read more »

2 Answers | Asked in Immigration Law for Arizona on

Q: I am a US citizen and trying to marry an illegal immigrant will we have problems?

We live in Arizona what is the full process of getting married here?You

I am trying to get married. My boyfriend is illegal but has a passport and I have my ID..if we go to get the marriage license will we have problems? If not then once we have the marriage license will there be any... Read more »

Anthony M. Avery answered on Jun 12, 2019

Most States will allow the Marriage. But the problems come later, such

as whether he can work, bank, build up Social Security for his Dependents...etc. If he is deported, it may be a nightmare without end for you and your Family. I suggest he obtain competent immigration counsel and...
Read more »

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1 Answer | Asked in Probate for Arizona on

Q: Can a will be successfully contested in AZ if the person had Alzheimer's during the time of the writing of a new will?

Ryan K Hodges answered on Jun 11, 2019

It is possible to successfully contest a will if the person had Alzheimer's. However, a diagnosis of Alzheimer's is not definitive. A persona can still have testamentary capacity and a dementia diagnosis.

1 Answer | Asked in Divorce for Arizona on

Q: My Husband stopped paying per our Separation Decree.

Per our Separation the court declared my Husband should pay $ 600/mo. He stopped paying 3 months ago, what are my options?

John R Gaertner Jr answered on Jun 11, 2019

You can petition the Court for enforcement of the Separation Agreement and ask the Court to find and hold your ex-husband in Contempt. The Court can and will impose sanctions upon your ex if he is found to be in Contempt.

1 Answer | Asked in Real Estate Law for Arizona on

Q: I submitted for a refund of an admin fee from a property manager May 14th. Well past the 14 days allowed. What can I do?

I have emails confirming May 14th and the only follow up I have received is telling me to just wait longer for my money. I saw online they have 14 business days to provide this refund legally. We are beyond that threshold and Shelton-Cook (Property Manager) has stopped communicating with me... Read more »

Peter H. Westby answered on Jun 10, 2019

Assuming your situation falls within ARS 33-1321, you can file a civil lawsuit against your former landlord to seek a judgment for the money owed. Once you have your money judgment you can use other civil remedies such as execution and garnishment to attempt collection. However, when you file a... Read more »

1 Answer | Asked in Family Law for Arizona on

Q: My son went to go visit my mom. She is refusing to bring him back. She doesn't have custody of him.

My son went to visit my mom out of state. She and I have a signed agreement that he is to return tomorrow. She is cut off all communication with my son and is refusing to bring him back. She has no type of custody of him.

Mike Branum answered on Jun 9, 2019

The crime in question is called custodial interference. If the deadline for the return of your son passes without him being returned to you, I would contact your local law enforcement agency. There are potential claims in a civil action as well. You would need to contact an attorney to discuss the... Read more »

1 Answer | Asked in Divorce for Arizona on

Q: If your husband files for divorce in state of Arizona is no fault state can he still divorce me

Mike Branum answered on Jun 9, 2019

You can request a conciliation meeting if you wish to try to save the marriage but, ultimately, you cannot stop the divorce if your husband is set on getting divorced.

1 Answer | Asked in Criminal Law for Arizona on

Q: Can 2 people be charged with same charge one was sentenced to probation other party was dismissed without prejudice

Charges have been refilled after almost 3 years

Mike Branum answered on Jun 9, 2019

The short answer is yes. If the statute of limitations (the time frame in which the prosecutor must charge a defendant for a crime after commission of the crime) has not "expired" (the technical legal term is "run"), the prosecutor may charge a second defendant for the same crime. This often occurs... Read more »

1 Answer | Asked in Child Custody and Family Law for Arizona on

Q: I was granted sole custody of my son about 8 years ago. His father went to prison and now is trying to push visitation

Without court involvement. He hadn't been in contact since 1 year after sentencing. How do I handle this?

Mike Branum answered on Jun 8, 2019

Make sure you keep a copy of the court order in case law enforcement involvement becomes necessary. The child's father will have to go to court to modify the child custody order. If his parental rights were not terminated, he may have some grounds to request the court order visitation but after... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Arizona on

Q: My nephews mother through him out . He is 16 in California can I bring him to Az ?

He tells me she drinks all the time and dates he is a good kid is getting his diploma online and working a part time job. I have an apt with an extra room he can stay with me. Any info will be helpful.

Mike Branum answered on Jun 8, 2019

If she has thrown him out, she may be willing to agree to let him stay with you. You should draft a simple agreement stating that she is giving you guardianship, power of attorney, and legal decision-making power and have her sign it in the presence of a notary public. There are numerous websites... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: Ho do I submit a video into evidence at a no jury criminal court case

The video was taken by the attending officer's body cam. The video was sent to me from the prosecutor of this case.

Matthew Maerowitz answered on Jun 7, 2019

If you have an attorney, you will want to ask your trial attorney. Ultimately, this is a tough question to answer because it involves going through the rules of evidence that us lawyers learn from law school and experience. Basically to use the body cam as evidence you will want to request the... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: I am defendant - want to use CD the prosecutor has sent me. How to enter in as evidence I want to use

Matthew Maerowitz answered on Jun 7, 2019

If you have an attorney, you will want to ask your trial attorney. Ultimately, this is a tough question to answer because it involves going through the rules of evidence that us lawyers learn from law school and experience. Basically to use it as evidence you will want to request the court clerk... Read more »

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