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Arizona Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: Would it be advisable to hire a lawyer if accused of a misdemeanor? It was for $40.
Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

Misdemeanors are criminal charges and it definitely is advisable to at a minimum contact a criminal defense attorney to discuss your options. Most defense attorneys (myself included) will discuss your case with you and help you weigh options free of charge.

1 Answer | Asked in Criminal Law for Arizona on
Q: I am accused of taking money that was left at the atm. should I hire an attorney?
Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

The short answer is yes. You need to call an Arizona attorney (like myself) to discuss the facts of your case further. Most attorneys (including myself) will talk o you about your case free of charge. After going over the details, I'd be able to help you understand whether you need to hire a... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: How do I determine if I have an active arrest warrant or if my case was dismissed?

Public info on my case.

1/29/2018 RNM - Returned Mail D 2

1/10/2018 002 - ME: Hearing Vacated D 2

1/9/2018 IWA Issuance of Warrant D 2

1/8/2018 Initial Appearance P 1

1/8/2018 Initial Appearance D 2

12/6/2017 RTM - Returned Mail or Returned/ReMailed... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

It will depend on which court you are referring to. Contact an Arizona criminal defense attorney and they will check into it as much as possible for you. Most of us (myself included) will look into your case free of charge to determine if you need representation.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: AZ. Vehicle traffic stop for a taillight out. Baggie of medications (various pills) + an insulin syringe in plain sight.

When asked about bag of meds, Driver informs officer he is a Type 1 Diabetic but ran out of insulin, & is on the way home to retrieve spare insulin vial.

Driver also wearing a CGM (blood sugar monitor) & high blood sugar alarm repeatedly goes off during interaction. Would the... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

It would depend on what happened after the officer saw the medication and the syringe. If you are saying that the officer used that observation to extend the traffic stop for the tail light to investigate into drug possession--there may be a Forth Amendment issue here. The USSC has said there are... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Formal felony charges filed August 11 2022 on arrest date of March 18 2022. Notification was returned due to wrong addre

The apt # was not included in the mailing address, but was readily available in my records. The court issued a failure to appear warrant on 9/11/2022. I found docket online, and tried to show up for court. I made motion to correct the courts error in my mailing address on 09112022. The court... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

The warrant can easily be dealt with. If it isn't dealt with, you will be arrested by law enforcement next time you have police contact. It sounds like there may be a service issue here, but it needs more attention and investigation from a criminal defense attorney. If you are facing criminal... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: when accused of a crime does the police need to let you know who is accusing you?
Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

The police do not necessarily have to tell you, but the government does have to tell you eventually in most circumstances. You have a Sixth Amendment Right under the United States Constitution to face your accusers and ask them questions in court. Usually a person accused of a crime will find out... Read more »

1 Answer | Asked in Consumer Law, Collections and Elder Law for Arizona on
Q: A bathroom remodeler wants to assess me with restocking fees because I want to cancel now after 4 mos., can they do that

Installation was set to begin the week of September 26th. installers arrived & I questioned them on what exact directions were they given for the bathroom intallations. After their compliance with my request, I noted that they were given incorrect information concerning the specifics of one of... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2022

Dollar to a donut says that in your contract/estimate/invoice/ etc., there's mention of a restocking fee. Restocking fees are common in that business.

1 Answer | Asked in Civil Rights, Family Law, Adoption and Civil Litigation for Arizona on
Q: Is drug addiction considered a disability and can parents rights be terminated based on drug use?

Rehabilitation efforts were unsuccessful at times but rights were terminated while parent was still engaged in services

Stephen M Vincent
Stephen M Vincent
answered on Sep 29, 2022

I have never heard of drug addiction being described as a disability. The ADA does not contain a list of disabilities, but rather defines disabilities as follows: "A physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Arizona on
Q: If "Conflict Resolution" terms in a Trust are defined (arbitration) can the Trustee retain counsel and not adhere?

The beneficiaries (I am one) are disputing the final Accounting provided by the Trustee for various reasons. The Trustee has retained counsel to push our hand, but in reviewing the Trust, there is a section regarding "Conflict Resolution" that specifically states thar arbitration should... Read more »

Ilene L McCauley
Ilene L McCauley
answered on Sep 28, 2022

Thank you for your question. Getting to arbitration is a process, which generally requires a law suit to be filed. The language seems clear but it is not. The language is saying that a lawsuit which is governed by arbitration is generally less expensive than a full blown law suit. Both choices... Read more »

1 Answer | Asked in Child Custody for Arizona on
Q: What statue states that each parent is entitled to the other parents medical records?
Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2022

No statute states that. A statute states that each parent is entitled to the child's medical and educational records. ARS 25-403.06.

Rule 49 of the Arizona Family Law Rules of Procedure requires each party disclose the names of any providers for psychological, psychiatric, or...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: If I take full custody of my kids will my ex wife pay child support even if I have arrears

I gave my ex wife my apartment so she would not be on the street and sleep out of my car now the lease is going to be up and I am not doing the court order 3 weeks a month do to not having somewhere to take them and my x wants more child support but now I have a new home and she will have to move... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2022

Who pays child support currently is unrelated to whether arrears are owed.

Be aware the current child support remains in effect until you go to Court to modify it. At that point, child support is determined by a calculation.

1 Answer | Asked in Criminal Law for Arizona on
Q: If I bring my prescription into court on my court date will the judge verify that it is actually mine

Or will they just visually see that it has my name and information on it and if it is expired medication yet still mine I am able to possess that still correct.

Thomas M. Fleming
PREMIUM
Thomas M. Fleming
answered on Sep 24, 2022

I’m not sure why you want to bring in prescription medication into court but I will presume it is to provide evidence of legal possession (versus illegal possession) of a drug. This can be a very perilous act, and can backfire in many different ways. Please first consult with your lawyer (or if... Read more »

1 Answer | Asked in Collections, Consumer Law, Education Law and Civil Litigation for Arizona on
Q: School says the made "mistake" after sending me an enrollment letter and sent my grants to collections. what can i do?

I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

I'd advise you to do 2 things:

1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several...
Read more »

1 Answer | Asked in Car Accidents for Arizona on
Q: I was involved in an auto accident. I backed into a legally parked car while driving my another persons vehicle.

The persons who car I hit doesn’t want to go through insurance and instead wants me to pay out of pocket. I am willing to go through insurance any pay their deductible because it will be far less expensive than paying out of pocket. What’s my next move?

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2022

An Arizona attorney could advise best, but your question remains open for two weeks. It looks like this could be another person's vehicle (but it isn't fully clear from the description). If that's the case, you should consider asking them what their wishes are, since it would involve... Read more »

1 Answer | Asked in Immigration Law for Arizona on
Q: Good morning, immigration law question, I have a pending petition for i-130 filled in 2019 for a sibling.

I was denied expedited request since our father is currently on stage 4 cancer , any other options i may have to get my sister here sooner so she can help take care of and be with our father before he passes?

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

You can try applying for humanitarian parole: https://www.uscis.gov/humanitarian/humanitarianpublicbenefitparoleindividualsoutsideUS

1 Answer | Asked in DUI / DWI for Arizona on
Q: Can I be charged a felony on a charge that city convicted me on dui 1 other?

I was charged dui 1 both times, I've been working on that part of my charges, can I also be charged seperately though prosecuted for a felony for that same arrest. It was dui other both times, and same sentence for both. Now fearful of felony

charge on the same arrest that I'm... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Sep 18, 2022

The answer is it depends. Generally speaking, it isn't uncommon for DUI charges to start off as a misdemeanor and then be referred up to county for felony prosecution. I've seen this happen plenty of times before. It really will depend on the fats of your case and the way they charged it.... Read more »

1 Answer | Asked in Products Liability, Personal Injury and Small Claims for Arizona on
Q: Broken tooth had to be removed on Product from a Grocery store

I purchased a grocery store pitted olive salad that they process in the store and source the Olives from another company. They investigated it and said that in the ingredients small print on packaging it says may have small pieces of pit or pits. They said they would give be my initial dental... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2022

An Arizona attorney could advise best, but your question remains open for three weeks. Unless you're being presented with the opportunity of going to arbitration, one option is looking into whether the matter falls within the limits of Arizona small claims court. Another option is reaching out... Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: I have a restraining order against me . I know I will get in trouble for contacting them but will they get in trouble .

No abuse or harassment no police were involved

Stephen M Vincent
Stephen M Vincent
answered on Sep 16, 2022

No, they will not get in trouble. The only person restrained by the order is you. Therefore, you are the only person who can be arrested and charged with a crime for violating it.

1 Answer | Asked in Intellectual Property and Internet Law for Arizona on
Q: GoDaddy Domain Issue

Our company owns a domain called <name disclosed> which serves as an online shop and has generates several hundreds of thousands of USD in sales.

Our domain was registered with GoDaddy.com years ago.

On Thursday, 15th September 2022, I called Godaddy explaining to them that I... Read more »

Erik Špila
Erik Špila
answered on Sep 16, 2022

Dear Mrs or Mr,

yes, filing a lawsuit against the company would probably be possible, but I strongly advice you to consult it with an attorney at law so he can check all the details and analyse the situation. By doing this, you will have better understanding of your chances in this case.

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: What happens when you locate to a different state without other parents consent?

I'm currently in a relationship where I'm getting verbally and mentally abused and I'm not doing okay. I'm not sure at what point this will turn physical. I'm considering moving back to WI with our 3 month old baby to be in a better and safe environment. The thing is... Read more »

Randi Sirlin
Randi Sirlin
answered on Sep 14, 2022

It seems as if you may need to obtain an order of protection. If you leave without the other parent's consent and your child has been in Arizona since birth, the Court can order you to immediately return the child to Arizona. You may also be subject to the International Kidnapping Act. The... Read more »

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