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Arizona Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: How do I get heard in my case? There are important mitigating circumstances but my attorney isn't hearing me. Human smug

He hasn't given me his plea version. The plea packet from the Prosecutor was literally lies they wanted me to plead guilty to

John Michael Frick
John Michael Frick
answered on Jul 15, 2024

You can reject the plea deal and ask that your case be set for trial or you can reject the plea deal and ask for an open plea. An open plea is where you are not accepting the plea deal offered by the prosecution but want the judge to consider specific facts and circumstances in assessing your... View More

1 Answer | Asked in Estate Planning for Arizona on
Q: Can a notary make you cross out a line in your will?

I went to a bank to get my simple will notarized and he would not notarize it unless I has a Doctors note saying I am of sound mind and body. I have never heard of such a thing. The will clearly states that I am stating I am over 18 yrs old, of sound body and mind, and under no constraint and... View More

Anthony M. Avery
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answered on Jul 8, 2024

A notary cannot make you do anything. However you cannot make the notary seal a document either. You may wish to find another notary, and probably some witnesses. Better yet, hire an AZ attorney to draft and execute your Will. Apparently there is something clearly odd or wrong about the... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Arizona on
Q: How do I know when a patent is expiring?

Do patents expire?

James L. Arrasmith
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answered on Jul 2, 2024

Yes, patents do expire. To answer your questions:

1. Patents expire after a set period of time from their filing date:

- Utility patents (the most common type) expire 20 years from the earliest filing date of the application.

- Design patents filed on or after May 13, 2015...
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1 Answer | Asked in Civil Litigation and Criminal Law for Arizona on
Q: Our company had a vehicle stolen from our property. The people were arrested and that property was recovered by police

Are crane unit that was on our record truck? Let's put on another truck about the people arrested. The tow company does not want to allow us to take the crane off And charges a three thousand dollar impound fee. The property was stolen. It was recovered during a raid, and the people are... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're dealing with a complex situation involving stolen property, recovery, and impound fees. Let me break down the key points and offer some suggestions:

1. Property status:

- Your company's vehicle was stolen.

- The vehicle had a crane unit...
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1 Answer | Asked in Family Law for Arizona on
Q: My husband wants to pay spousal support for only 1 year help!

We have been married for 18 years 7 months

I have no job at the moment but based on me making 18.00 an hour in the past he thinks he can get away with paying spousal support for 1 year. I have been 100% dependant on him for 18 years and would not be able to support myself financially after... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

You should read the attached article discussing the types of alimony available in Arizona:

https://thevalleylawgroup.com/blog/qualifications-alimony-az/

It would be extremely unusual for a court to award alimony after a divorce for an undefined period of time such as until you...
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1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: Can a tax lien foreclosure affect credit score? Tax liens aren’t reported but what about tax lien foreclosures?

I just found out I am a joint owner of a property that dates back to a previous marriage 30 years ago. Just was served with a lawsuit to take ownership of thr property via proprty tax lien. I have no interest in the property but don’t want to hurt my excellent credit. Not sure if I should... View More

James L. Arrasmith
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answered on Jun 25, 2024

This is an important question regarding tax lien foreclosures and their potential impact on credit scores. While I can provide some general information, please note that for specific legal advice about your situation, you should consult with a qualified attorney in Arizona who specializes in... View More

1 Answer | Asked in Contracts, Employment Law, Business Law and Civil Rights for Arizona on
Q: I quit my job without notice, and my employer claims that it's impossible to have my check mailed to me.

I quit my job without notice, and AZ law says I have the right to have my final check mailed to me by or before my next pay date. My employer claims I signed my right to this away during onboarding, and is trying to make me drive to the office and sign for my check. The alleged paperwork... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's an analysis of the situation:

1. Arizona Labor Laws:

Arizona labor laws require employers to pay final wages to employees who quit without notice by the next regular payday. The law also allows for the employee to request that their...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: Is there any way to remove this from record?

I was charged with dui charge, DUI LIQUOR BAC .08 OR MORE - 1ST.

I pled guilty to a different charge, DUI LIQUOR/DRUGS 1st

Matthew Maerowitz
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Matthew Maerowitz
answered on Jun 20, 2024

The charges other than the one/s you plead guilty to should show up as dismissed. You can set aside any convictions after completing all terms of your sentence. If you don't want the case to be visible at all, you can request to seal your records. Normally the court will have information on... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Arizona on
Q: Can a manager of apartments tell you that your children are not allowed outside w/o supervision or he will evict you

I live in a 2bd weekly rental(Budget Suites) , with my 3 grandchildren ages 10, 11, & 13, in Mesa AZ. The manager has written me up 2 times and says he will evict me because my grandchildren have to be supervised by me anytime they go outside. I work nights, at Walmart, and my grandkids want to... View More

James L. Arrasmith
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answered on Jun 15, 2024

The situation you're describing sounds very frustrating. It's important to know that property managers do have the right to set rules for the safety and order of their properties, but these rules must be reasonable and not discriminatory. If the rental agreement doesn't explicitly... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Arizona on
Q: Are towing company allowed to enter vehicle without consent in Arizona?

Towing company towed my car over night and my wallet was in there . Long story short he personally told me he went on my car and went in my wallet to take a picture of my id.

James L. Arrasmith
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answered on Jun 15, 2024

In Arizona, towing companies are generally not allowed to enter your vehicle without your consent. Their primary responsibility is to tow the vehicle, and they should not be searching or accessing the contents inside without a legitimate reason and proper authorization. Entering your vehicle and... View More

1 Answer | Asked in Tax Law for Arizona on
Q: I am receiving money from the sale of a house where my name was added to the deed. Will I owe taxes on that money?
James L. Arrasmith
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answered on Jun 14, 2024

When you receive money from the sale of a house where your name was added to the deed, whether you owe taxes depends on several factors. The key considerations include your ownership duration, the house's use, and any capital gains exclusions available.

If the house was your primary...
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2 Answers | Asked in Immigration Law for Arizona on
Q: CR-1 Visa - Additional Evidence

My wife just had her interview at the US embassy London. The officer asked her to submit additional documents such as photos together, chat history, financials together, and my traveling history to busy my wife. ( initially we didn’t upload those documents) The officer did retain the passport and... View More

James L. Arrasmith
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answered on Jun 14, 2024

It is common for immigration officers to request additional evidence during a CR-1 visa interview to verify the authenticity of the relationship. This can include photos, chat history, financial documents, and travel history. The fact that the officer kept the passport and wedding photos indicates... View More

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2 Answers | Asked in Immigration Law for Arizona on
Q: CR-1 Visa - Additional Evidence

My wife just had her interview at the US embassy London. The officer asked her to submit additional documents such as photos together, chat history, financials together, and my traveling history to busy my wife. ( initially we didn’t upload those documents) The officer did retain the passport and... View More

Elias  Mendoza
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answered on Jun 21, 2024

It’s not uncommon for consular officers to request additional evidence during a CR-1 visa interview. The fact that the officer retained your wife’s passport and wedding photos suggests that the application is still under review and not necessarily refused. The “refused” status on your case... View More

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2 Answers | Asked in Bankruptcy for Arizona on
Q: My ex-husband is declaring chapter 7 bankruptcy 5 years ago we did a quit claim deed on my house in Arizona am I at risk

we divorced in 2014 refinanced the house just before the divorce so I could afford the mortgage on one income. I have paid the mortgage this whole time and owe less than 30,000 dollars.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 13, 2024

The reach-back by Bankruptcy law for "fraudulent conveyances" (transfers of assets for less than fair market value) is two years. I'm in PA, and the PA state law for like transfers is four years (which a bankruptcy trustee is entitled to use).

Your question seems to hinge on...
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2 Answers | Asked in Bankruptcy for Arizona on
Q: My ex-husband is declaring chapter 7 bankruptcy 5 years ago we did a quit claim deed on my house in Arizona am I at risk

we divorced in 2014 refinanced the house just before the divorce so I could afford the mortgage on one income. I have paid the mortgage this whole time and owe less than 30,000 dollars.

James L. Arrasmith
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answered on Jun 14, 2024

Based on the information you provided, it seems unlikely that you would be at risk due to your ex-husband's Chapter 7 bankruptcy, especially given the following factors:

1. Quit claim deed: If you and your ex-husband properly executed a quit claim deed transferring his interest in the...
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1 Answer | Asked in Consumer Law for Arizona on
Q: Is it legal for a receptionist to discuss your balance due loudly for others to hear?

I went to my appointment and went to check in. She asked name and then said are you aware of the balance you owe. I said yes. She said a balance of 200+ loudly and asked if I was going to pay. I said not right now but in a few days. I don’t think that is legal and if it is , well it feels like it... View More

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

This is no different than a cashier at a fast food restaurant, grocery store, or retail store telling you the the total amount owed for a purchase. No reasonable person overhearing the conversation would consider it defamatory or really think anything much about it. Her telling you your balance... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: My Arizona HOA says I can't have a Presidential political sign up in my yard right now. I'm looking at ARS 33-1808 (C)

They seem to think that since Presidents aren't on the Primary ballot for July 30th, that I can't have a "presidential" political sign up. I read it as any political signs can be up 71 days before the primary, if the candidate is still in the running. What do you think?

James L. Arrasmith
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answered on Jun 10, 2024

Under ARS 33-1808 (C), Arizona law permits homeowners to display political signs 71 days before a primary election. The key point is whether this law applies to signs for candidates not appearing on the primary ballot. Your HOA interprets the law to mean that only candidates on the primary ballot... View More

1 Answer | Asked in Probate for Arizona on
Q: What form do I fill out and submit to court for removal and replacement of trustee
Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Jun 10, 2024

Unless there is some reason to submit anything to court, such as an ongoing case, there is no reason to submit anything to court. Trust administration is private.

You will need a new certificate of trust naming you as the trustee and if on consent an affidavit from the prior trustee...
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1 Answer | Asked in Land Use & Zoning, Probate, Energy, Oil and Gas and Estate Planning for Arizona on
Q: My dads wife hid assets and alot of mineral and oil rights so I can't find them.im rep of estate,only heir, how to find?

My dad and grandpa had alot of mineral rights I am rep of estate, only heir on,y child, his wife lied to judge and said he had no child I proved I am only child, she has

Gifted and illegally sold some if his assets that should of went to me when she passed, can't find estate house,... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. It sounds like you have been thrust into a difficult role as rep (do you mean administrator or executor?). Maybe the best thing for you do would be to consult with an attorney who handles wills, trusts, estates.... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Arizona on
Q: Would I have grounds to sue Maricopa county for financial compensation

On April 30th I was pulled over for speeding and informed that I had an outstanding warrant out of the state of Idaho and that the issuing county planned to come and get me. So I was taken into custody by MCSO booked into the jail. On May 13th I waived my right to contest extradition giving the... View More

James L. Arrasmith
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answered on Jun 3, 2024

You have grounds to sue Maricopa County for financial compensation due to wrongful imprisonment and the significant losses you suffered as a result. Being held for two extra weeks after the charges were dropped caused you severe personal and financial harm, including eviction, repossession of your... View More

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