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Arizona Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: I was stopped, got charged with narcotic sales and, they Took ma car in as evidence, When do I get it back? In Arizona
Mike Branum
Mike Branum answered on Dec 13, 2019

Maybe never. If you plead guilty to or are convicted of trafficking and the vehicle was used in the process; the state could take the vehicle under asset forfeiture. You might have to buy it back at auction. Regardless, you should arrange for another means of transportation to make your court... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: How much in Arizona can my brother get for a class 3 theft of means of transportation first-time offender
Zachary Divelbiss
Zachary Divelbiss answered on Dec 11, 2019

A Class 3 Felony maximum for a first time offender is 8.75 years. The lowest amount could be probation. Obviously, your brother could fall anywhere in-between that and he would want to talk to a lawyer to make sure he gets the lowest amount. Feel free to contact me at zach@divellaw.com or... Read more »

1 Answer | Asked in Estate Planning for Arizona on
Q: im about to become a 61 year old widow in arizona ami financially responsible for my deceased spouses debts
Nina Whitehurst
Nina Whitehurst answered on Dec 9, 2019

It is not possible to answer your question without more information. Most likely yes you are liable to the extent of your half of the community property but there are rare circumstances in which you would not be liable. You really need to consult with an attorney about your individual circumstances.

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Social Security for Arizona on
Q: I am without gainful employment with an unnoticed permanent total disability of a traumatic brain injury can I get help

Due to an industrial commission stipulation agreement the state of Arizona's benefits have been denied due to a false interpretation of the disability

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

I'm sorry for the impact this injury has had upon your life. You chose categories that make sense for injury/disability. But you mention the Industrial Commission of Arizona. If this involves an injury that occurred in the course of your employment, and you had a workers' compensation attorney at... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Can a buyer back out of a real estate agreement after closing

I was told they have 72 hours after closing to back out

Vincent Gallo
Vincent Gallo answered on Dec 7, 2019

Not in New York you can't, perhaps absent some overwhelming fraud perpetrated by the Seller.

1 Answer | Asked in Business Law and Criminal Law for Arizona on
Q: I have a business that I loaned money to for startup and they stopped payments after the 2nd payment.

I have already gone thru the courts and filed a judgement and still nothing. There has to be a way to enforce payment or jail for such actions owes me $250k. The state can jail you for non payment why don't I have the same ability?

K. Bryan Goodman
K. Bryan Goodman answered on Dec 3, 2019

There are law firms that specialize in collection of judgments. You can contact them to see if there are any avenues you can pursue to collect the judgment. If you believe the business was engaged in fraud, you can contact the Arizona Attorney General's Office to file a complaint and see if... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: If my brother has a DUI, and now he got a extreme DUI what happens next
K. Bryan Goodman
K. Bryan Goodman answered on Dec 3, 2019

If his previous DUI was within 7 years, he will considered a second time offender. This changes the amount of jail time (minimum of 120 days) he faces, the fines, and other sanctions. If he received the second DUI while he was required to have an interlock or he did not have a license, he will... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: The judge appointed me an attorney for a misdemeanor misconduct. How long until the attorney contacts me?
K. Bryan Goodman
K. Bryan Goodman answered on Dec 3, 2019

Your attorney should contact you within a week of being appointed. If you do not have the contact information for the attorney, you can call the court to get their contact info.

1 Answer | Asked in Criminal Law for Arizona on
Q: So a friend of min was arrested for 13-3407A1 & 4-251A2. He was released. It was vacated and can be refiled. Meaning?

Confused what it all means. Because no there is no court date? Wondering why?

K. Bryan Goodman
K. Bryan Goodman answered on Dec 3, 2019

For whatever reason the Prosecutor's office decided not to move forward with the case at this time. It could be for a bunch of different reasons such as not having the officer available, a paperwork error, a Grand Jury Indictment is expected, etc. Unfortunately, it is difficult to know and find out... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: I’m a minor who married in California. Does me being married make me emancipated? Is my marriage valid in Arizona?
Mike Branum
Mike Branum answered on Dec 3, 2019

The answer to both your questions is most likely yes. I would advise you to speak with a local family law attorney knowledgeable in emancipation to clarify the specifics of your situation, but, generally minors are considered emancipated once they marry and Arizona law requires recognition of... Read more »

1 Answer | Asked in Car Accidents for Arizona on
Q: On a single lane two way street I was making a left u-turn when the car behind me t-boned the side of my car. Then

Given the ticket for making an unsafe u -turn

Tim Akpinar
Tim Akpinar answered on Dec 2, 2019

There wasn't a question here. If you're wondering which vehicle would be at fault, the one making the U-turn is generally accepted to be at fault. You could contact an Arizona traffic ticket attorney to discuss your best course of action. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for Arizona on
Q: What does a lien on a house do? I can't afford the offered settlement amount on a HOA issue and they will not help me.

When I bought my house (2017) the previous owners paid for one year of HOA. After that, I never received a bill or notice of a past due balance until this year. But the bill I received was only for 2 quarterly payments. I paid the past due one and planned on paying the second one but it slipped... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 2, 2019

A lien on a house means that when you sell your home, the amount of the lien has to be paid before a clean deed will be provided. It is best to contact an attorney in Arizona who can assist you with with Arizona law and the specifics of your case.

I wish you well.

-The Upshaw Law...
Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: i have sole custody and want to move out of the state, can father contest?

the judge gave me sole custody, so father has no parenting time, arizona's laws are unclear on sole custody with moving versus primary parenting.

John R Gaertner Jr
John R Gaertner Jr answered on Dec 2, 2019

If you have sole legal custody and Father has no parenting time, you may be able to move out of state. More information is needed but worth speaking to an Arizona Family law attorney. Most initial consultations are free.

2 Answers | Asked in Estate Planning, Banking and Elder Law for Arizona on
Q: I have a General PoA for my elder dad, but bank requires a Durable poa. How can I get one if he's not cognizant?

He is currently hospitalized, but will be returning to long term care facility, and probably shortly, Hospice. His bank is requiring me to obtain a Durable PoA, but, obviously, I won't be able to get that prior to his passing. They said there are other instruments? My brother and I are named... Read more »

Ryan K Hodges
Ryan K Hodges answered on Dec 2, 2019

If you dad is in Pennsylvania, then you should probably consult an attorney there regarding options. In Arizona, most attorneys draft all POAs as durable one, but the law may be different in PA.

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2 Answers | Asked in Bankruptcy for Arizona on
Q: I own a truck that’s paid off and has a value of $1,200 and I also have a loan on a Car that has negative equity.

I’m filing chapter 7 with no assets other than my truck. Will they let me reaffirm my Car Loan with negative equity, and keep my truck? Or will I have to give up my truck in order to keep my Car loan?

Timothy Denison
Timothy Denison answered on Nov 26, 2019

You can use your exemptions to protect and keep the truck while reaffirming on the car debt (if you think that is wise). You can keep both.

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1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Arizona on
Q: I bought and am paying for a home but my aunt is on the title. What happens if she has to use ALTCS?

I bought a HUD home in Tucson, AZ for my Aunt to use. She could not afford to live on her own. Since it was HUD, she had to be on the title with me as she is the full time resident and I use it as a vacation home. I have paid all money for the home and continue to pay the mortgage. If she uses... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 22, 2019

Your question is missing important facts. Exactly how is the house titled? Tenants in common? If so, in what percentages? Or is the deed silent on that? Joint tenants with right of survivorship?

You do have a legitimate concern, plus other issues you may not have considered (such as...
Read more »

1 Answer | Asked in Contracts, Construction Law, Internet Law and Libel & Slander for Arizona on
Q: Can a 3rd party contractor sue for negative online reviews if no money exchanged hands

We are a 3rd party contractor for Home Warranty companies. And customers of the home warranty company are posting negative online reviews, some for reasons out of our hands, due to our restrictions in our contract with the home warranty company. Can we issue a cease and desist and sue if the... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 21, 2019

If you consulted with an attorney regarding such a letter or legal action, they would likely want to see each individual review. If they're negative, it's possible that in itself is not necessarily actionable. An attorney who deals with defamation would examine if they were false and harmful, among... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Can I still get compensation if I didn't seek medical attention right away?

I injured my back at work nearly a year ago. At the time, I thought it was minor, so I didn't report it or seek medical attention. However, months later, it is still causing pain and limiting my activities at and outside of work. I realize in hindsight that it was more severe than I had originally... Read more »

Joel Friedman
Joel Friedman answered on Nov 19, 2019

You have one year from the date of the injury to file a claim at the Industrial Commission of Arizona (ICA). You can still do that if you are actually less than 365 days out. The more serious problem from your message is that you did not report the incident or what you thought might be an injury,... Read more »

1 Answer | Asked in DUI / DWI and Insurance Defense for Arizona on
Q: my friend got tonight arrested because of not pay of his insurance, but i pay for his insurance and something went wrong

his car got towed and he is homeless and he has no money to get his car out

Tim Akpinar
Tim Akpinar answered on Nov 19, 2019

Your friend needs a criminal defense attorney, but none of them saw your post under DUI or Insurance Defense. Maybe in the interest of time, instead of reposting, you could just reach out to criminal defense attorneys you see on this site or through your own searches. Based on your description of... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: What will happen next when there was a motion filed- MOTION TO EXTEND TIME TO CHALLENGE THE GRAND JURY PROCEEDINGS?

We have been fighting the case aggv assault on an officer since Oct. 11. I was there and there was no assault or resist during the arrest of my husband. They dismissed the case due to grand jury indictment that means they decided closed doors. One non-guilty arraignment happened and next will be... Read more »

K. Bryan Goodman
K. Bryan Goodman answered on Nov 15, 2019

No. The request to extend time was filed by your husband's attorney after the grand jury issued an indictment. There is a hard time limit to challenge the grand jury indictment, so the attorney is making sure they have enough time to challenge the indictment. The second filing is just a... Read more »

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