Arizona Questions & Answers

Q: Hello

2 Answers | Asked in Divorce for Arizona on
Answered on Feb 15, 2019
Rich J. Peters' answer
Under Arizona law, you are freely permitted to change attorneys anytime you so desire and for any reason whatsoever. It does happen quite often.

If you choose a new attorney, that attorney need simply needs to file a notice of substitution which alerts the court and the opposing party that you have changed attorneys. Your new attorney within seek you are file from your former attorney. Upon filing a notice of substitution, you knew attorney would also have access to the courts...

Q: A friend has been charged in Arizona for Possession of Marijuana and DUI. What to do next? No priors. Court in a week

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Answered on Feb 15, 2019
Zachary Divelbiss' answer
Your friend should contact and hire a lawyer immediately. There are no "do-overs" in criminal court or with the charges he is facing. He will be provided with a public defender for both cases but since it's his first offense, he should make sure someone puts careful attention into his case so everything goes well. It is typical to have the drug charges reduced or completely dismissed after doing TASC. The DUI is going to be a little more difficult and may require jail if not taken care of...

Q: My sister& the father of her kids have jointcustody he has the kids my sister got arrested can get the kids

1 Answer | Asked in Family Law for Arizona on
Answered on Feb 13, 2019
Rich J. Peters' answer
Would you be claiming that they are not safe in his care? Or simply that they should be with you during your sister's time? I would need to now more. We can of course assist with either effort.

Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover...

Q: What penalties will there be for a parent with no custody voluntarily going to inpatient rehab while owing child support

1 Answer | Asked in Child Support for Arizona on
Answered on Feb 12, 2019
Rich J. Peters' answer
Under Arizona law, he will continue to old child support even while he is in rehab unless he takes steps. It would be my suggestion that he file a petition for temporary modification of child support. While Arizona law allows mother to pursue child support as if father is still working, I believe he would have a very strong position to think that the court impute no income during his time of Rehabilitation.

We can certainly help him consider and then pursue his options for seeking a...

Q: My son was hit by a car when 7 i settled out of court for a secured cd account for when he turned 18

1 Answer | Asked in Car Accidents, Personal Injury and Banking for Arizona on
Answered on Feb 10, 2019
Timur Akpinar's answer
It sounds like you acted with the best of intentions in handling the award. From your description, it looks like you may have settled the case yourself. Even if an attorney was involved in handling the award under an infant comp order, it's hard to say if they would have done better with a more financially fruitful route. Only a financial or investment professional could make that call in hindsight. Whatever is done is done. Maybe the present sum could be discussed with someone at a bank to...

Q: How does bankruptcy affect tax refunds?

3 Answers | Asked in Bankruptcy for Arizona on
Answered on Feb 9, 2019
Timothy Denison's answer
You should consult your bankruptcy lawyer regarding how to handle the refunds but if you do spend them, you probably should use them to pay your ongoing monthly bills rather than on items that look like entertainment or waste.

Q: I am currently engaged and purchasing a house in AZ. My name is solely on the mortgage. I will close on the house 2

1 Answer | Asked in Real Estate Law for Arizona on
Answered on Feb 7, 2019
Peter H. Westby's answer
To protect yourself in the event of a divorce, it would be good to take title in your name alone as an unmarried man and then follow up with a well drafted ante-nuptial agreement that is negotiated and signed before your marriage takes place. I recommend consulting with an attorney prior to your marriage. Once your attorney knows all the facts there may be other action to be taken that will be of help.

Q: I have 1 buyer on the purchase contract. The lender just told me the buyer's spouse would like to be on title but not

1 Answer | Asked in Contracts for Arizona on
Answered on Feb 6, 2019
Marcos Garciaacosta's answer
You should confirm with the title/escrow company, but basically you can have the contract reflect anything you want, such as title owners, lenders, etc.

In essence if you are just selling the property, you just want it to go to somebody else, no matter if it is one owner or two in the title.

For safety you should make an amendment, referring to the clause where the owner is listed.

Q: What does it mean when a case says long form citation filed about 6 times ?

1 Answer | Asked in Criminal Law for Arizona on
Answered on Feb 6, 2019
Zachary Divelbiss' answer
This is a legal phrase that means your case took longer to be filed than normal. Typically, police will come into contact with someone and immediately write them a ticket for what ever crime they feel is appropriate. When they long form a ticket, it typically means they had to do more investigating in order to charge the suspect with a crime. This commonly happens in a DUI where they draw someone's blood but can't charge them until they get the blood results back. In other situations, the...

Q: What is solicitation of sale of dangerous drugs what does this mean

1 Answer | Asked in Criminal Law for Arizona on
Answered on Feb 6, 2019
Zachary Divelbiss' answer
It means its a MAJOR FELONY! This basically means that who ever is charged with this was somehow involved with the sale of a dangerous drug. There are many different dangerous drugs but commonly it's meth. If you have been charged with this then you need a consultation immediately or else you could be facing lots of jail time. We would be happy to provide a free consultation! 480-935-6545 or Zach@Divellaw.com.

Q: Can I be held responsible for a $2,000 penalty for breaking a contract I never signed but have been operating under?

1 Answer | Asked in Contracts and Employment Law for Arizona on
Answered on Feb 6, 2019
Marcos Garciaacosta's answer
Yes, you have basically been executing the contract and are bound by its terms.

You may be able to negotiate any penalty and a detailed review of the contract may be helpful.

Let me know if I can help.

Q: Do I have any recourse when forced to go through probate because of a mistake made by the title company?

1 Answer | Asked in Probate for Arizona on
Answered on Feb 6, 2019
Ryan K Hodges' answer
You can try going back to the title company to see if they will fix it. However, you will probably need to file a probate. Depending on the circumstances, your husband's estate may qualify as a small estate; or if it has been more than two years, then you may be able to do a tardy probate, which is simpler than a normal one.

Q: Inventory was filed a month ago. How long before I, as a beneficiary, receive a copy? Sister is PR and has attorney.

1 Answer | Asked in Probate for Arizona on
Answered on Feb 5, 2019
Ryan K Hodges' answer
Usually, the inventory would be sent to the beneficiaries at the same time it is filed with the court. If the inventory was filed with the court, then you can request a copy from the court. It is possible that your sister or her attorney merely overlooked sending you a copy, and you could contact them and ask that they send it now.

Q: Is it okay for a Walmart pharmacy to refuse women who have asthma and aren't breathing well a mouth piece for a machine?

1 Answer | Asked in Civil Rights, Health Care Law, Legal Malpractice and Small Claims for Arizona on
Answered on Feb 2, 2019
Gary Kollin's answer
While not the best, the machine can be used with only the tube and not the mouthpiece.

Q: I applied to get my restoration of rights and gun rights. They have not responded by the deadline. Tucson AZ.

1 Answer | Asked in Criminal Law for Arizona on
Answered on Feb 1, 2019
Brian Chase's answer
The State is not required to file a response. The Judge will typically wait until the State's response time has expired before issuing a ruling. Sometimes the judge will set a hearing for you to attend, sometimes the judge will simply rule on the motion. You'll have to watch to see if a hearing is set, so that you can show up and request your rights restored.

Q: My work permit expired and i continued to work. Do I say I’m currently working on my green card application?

2 Answers | Asked in Immigration Law for Arizona on
Answered on Jan 31, 2019
Deron Edward Smallcomb's answer
You should have renewed the work authorization before it expired, that way it would have automatically been extended. Considering you didn't, technically you shouldn't work. When they call you in for the interview for the i-485, you will have the opportunity to supplement the form by telling them that you continued to work for the same employer.

Q: I'm facing some charges and need help

1 Answer | Asked in Criminal Law for Arizona on
Answered on Jan 30, 2019
Zachary Divelbiss' answer
There is definitely something you can do. HIRE A LAWYER! We can walk you through all of the steps of this offense and will need to talk directly with you about everything that could happen and will happen. When you hire us, we will be able to go to court for you and make sure you get the best deal possible or get the case dismissed. I do not recommend doing this without the help of a lawyer and it is your choice whether you use the public defender you will be provided. Please feel free to call,...

Q: I am 17 years old I came to the US when I was 4 then my visa expired. Can I marry my Bf that is a citizen when turn 18?

2 Answers | Asked in Immigration Law for Arizona on
Answered on Jan 30, 2019
Kelli Y Allen's answer
Is your boyfriend a US citizen? If you are asking in an immigration context, once you marry he can file a petition on your behalf and you may be eligible to adjust status (go through green process without having to leave the U.S.) As long as you are legally married, there is no requirement that you be 18 for him to file a petition for you. I suggest having a full consultation with an immigration attorney to make sure you meet all eligibility requirements and handle this process on your...

Q: I have no collection accounts on any of my credit reports but I'm considering filing for bankruptcy, is it right for me?

1 Answer | Asked in Bankruptcy, Civil Litigation, Civil Rights and Education Law for Arizona on
Answered on Jan 25, 2019
Timothy Denison's answer
You need to consult a local bankruptcy attorney. Many student accounts are federally insured and your debt may be non-dischargeable as most student loans are. You need a lawyer to delve into this deeper and determine whether your debt is dischargeable!

Q: I want a divorce. I don’t want my spouse draining our savings if I don’t file before telling him. Can he do that?

1 Answer | Asked in Divorce and Family Law for Arizona on
Answered on Jan 24, 2019
Rich J. Peters' answer
Technically, any charges/debts incurred PRIOR to service of the Petition for Dissolution ARE community debts. Technically, he is permitted to spend community funds any time he wants to PRIOR to being served. But, when you add the word "recklessly", I would say that we could pursue our half of any community assets that he attempts to hide or waste after receiving notice of your intention to file but before being served.

There are some steps you could/should take in pre-notice...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.