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Arizona Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Whlt are my rights as a property owner after displaying a no trespassing sign if I catch someone on my property damaging

Don't answer the way they want you too answer truthfully

Mike Branum
Mike Branum answered on Sep 30, 2020

Capture video evidence and call 911. After you have contacted 911, you may, if safe to do so, request the parties stop damaging your property and leave. While Arizona law does allow citizens to use physical force in a reasonable manner to stop theft or damage to personal property, it is an... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Juvenile Law and Libel & Slander for Arizona on
Q: I want to press charges for perjury but the person I would go to the Attorney General is the defendant's lawyer already

Perjury is a criminal offense. To press charges you would make a police report and go to the Attorney General. However, in the case where the person committed the perjury the lawyer for that person is the Attorney General. So me going to the Attorney General would be a conflict of interest so how... Read more »

Mike Branum
Mike Branum answered on Aug 17, 2020

If I understand you correctly, you are accusing someone in the attorney general's office of perjury or possibly accusing a state employee in their official capacity of perjury. Either way, it is almost certain that the person you are wishing to have charges pressed against for perjury would be... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Daughter arrested last night

No Bond

judge at 4pm

Chrgs

MIL AFFAIR/EMERG SER

DISORD CNDCT-REF

how much trouble is she in??

T638018

Michelle Villanueva Skura
Michelle Villanueva Skura answered on Jun 1, 2020

From your description the charges are likely:

001) Count of MIL AFFAIR/EMERG SERVICE VIOL

(001) Count of Disorderly Conduct- Refuse to Disperse

Without knowing the specifics of your daughter’s case and taking into consideration the Governor's recent curfew/declaration...
Read more »

1 Answer | Asked in Child Custody and Civil Rights for Arizona on
Q: I'am married and no custody in place can I bring my kids from NEBRASKA to ARIZONA

My husband left the state without my permission the kids were supposed to stay with me can I pick them up from NEBRASKA and bring them to az without breaking the law he lied to me and the kids

Jay Hall
Jay Hall answered on May 25, 2020

Because you are currently married, he probably did not need your permission to leave with the children. Without any court orders in place, parents have coequal rights. That means that you could retrieve the children but he has no obligation to release them to you. Rather than subject the children... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Rights and Health Care Law for Arizona on
Q: My dad was forced to go to a meeting, can he sue his company?

My dad's company recently held a meeting and forced all their employees to attend. No one in the room was wearing a mask or practiced social distancing, and the company have been negligent since the start of the Covid-19 pandemic in their regard for the safety of their employees. They are a... Read more »

Joel Friedman
Joel Friedman answered on May 14, 2020

Thank you for posting your question here. The issue you present is going to be common I suspect, and from my perspective as a workers' compensation (WC) attorney (I do not practice in any of the other three areas mentioned in the post) I think it is going to be difficult to qualify for... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Arizona on
Q: Can a justice court judge deny the return of discovery items (DVD) from a defendant to view in his chambers?

During the hearing, I asked to show the DVD which would prove my innocence. The judge asked for my DVD after the DA said there was nothing worth watching on the DVD. The judge stated he would review the DVD in chambers and return it to me. I have since filed appropriate papers requesting the return... Read more »

Stewart Salwin
Stewart Salwin answered on May 3, 2020

A lawyer would have to look into the specific facts of this situation to see what is going on. In general, if you give evidence to the court it may have become part of the record, which could explain why the court still has the DVD.

1 Answer | Asked in Child Support, Civil Rights and Constitutional Law for Arizona on
Q: Is their an attorneywith guts enough to take on csp

I'm looking for a law firm of non emasculated males and non feminist females who are willing to take on child support services, for the reckless endangerment they pose against people in the arrears by garnishing, disaster relief funds in a time of crisis. This shows negligence in the that... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 12, 2020

Generally, if you are able to afford an attorney in your jurisdiction you should be able to locate one. If you can, I recommend searching for attorneys in your area and speaking with them directly to determine whether they are the right fit.

3 Answers | Asked in Criminal Law, Sexual Harassment and Civil Rights for Arizona on
Q: A sexual assault happened to me in NY state over 5 years ago. However I currently live in Arizona. How do I report this.
Mike Branum
Mike Branum answered on Apr 2, 2020

Unless the crime committed against you meets the criteria to be considered a rape, the statute of limitations has run on your case and charges may not be filed. NY has increased the SoL on rape to 10 or 20 years but sexual assaults are still either 3 or 5 depending on whether the crime was... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights and Gaming for Arizona on
Q: I live in Arizona. I have 2 non violent felonies(20 years ago). Can I purchase, own or possess a black powder pistol?
Stewart Salwin
Stewart Salwin answered on Mar 25, 2020

When you are convicted of a felony in Arizona, some of your civil liberties will be suspended. You will lose your right to vote, the right to hold public office, the right to serve as a juror, and, yes, the right to possess a gun. A felony conviction may also prevent a person from obtaining... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: In a plea deal it says if you don't except the plea you can face more time to sentence isn't that considered threat

In plea deals it states if you except the plea charges will be taken off and you plea for lesser time

But if not then you are getting the original charges if wanted plus some and looking at a longer sentence

Isnt that bribing,threatening,intimidation

And against our constitutional rights

Stewart Salwin
Stewart Salwin answered on Mar 24, 2020

As a question of criminal justice philosophy, your point is well taken. Many legal scholars argue that the massive disparities between what a criminal defendant would be sentenced to if he pled guilty to an offense versus if he went to trial create a constitutional problem. My former criminal law... Read more »

1 Answer | Asked in Family Law, Civil Rights and Health Care Law for Arizona on
Q: Can my parents deny me medical treatment for mental illnesses?

I'm a 15 year old transgender and I want to take HRT, but my parents won't let me. Can my parents legally deny me access to Hormone Replacement Therapy? It is an urgent, serious, and time sensitive procedure, so is there any legal way I can get HRT without my parents consent?

Mike Branum
Mike Branum answered on Mar 9, 2020

Everything is urgent, serious, and time-sensitive when you are 15 years-old. Likely doubly so for a transgender teen. Your post is also somewhat confusing because the headline discusses mental illness and the body of the question discusses being transgender. My understanding is that individuals who... Read more »

2 Answers | Asked in Bankruptcy, Civil Rights, Domestic Violence and Small Claims for Arizona on
Q: My ex boyfriend sued me for gifs after I got an order of protection against him.

I was served while walking in to court for one of the orders of protection since he was appealing it. I didn’t respond because I was confused and I was waiting for a court date. Now I’m in default and they want to garnish my wages. I’m a single mom with only my income. I need help what can I do?

Diane L. Drain
Diane L. Drain answered on Feb 1, 2020

Thank you very much for contacting my office. I realize this is a challenging time for you and that you have lots of questions. It is okay to be anxious and overwhelmed; the trick is not to fight it. Instead, you are on the right track by educating yourself about options to help deal with your... Read more »

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1 Answer | Asked in Civil Rights and Employment Discrimination for Arizona on
Q: A teacher at my school was fired for LGBT discrimination. There is a court case, what could she be convicted on?

This case is being held under Maricopa County, Arizona law. Thanks!

Gary Kollin
Gary Kollin answered on Oct 17, 2019

Is it a criminal or civil case? It sounds civil. If so, she faces a monetary penalty only

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: Does a former AAG (now public defender) create constitutional liability practicing concurrently opposite prior client?

Is it unlawful (and unethical) for a current AAG to switch sides (concurrently), while continuing to practice in same exact jurisdiction/court room - opposite former colleages & client - now defending clientele he would have formerly prosecuted? Does this not present multiple constitutional... Read more »

Gary Kollin
Gary Kollin answered on Oct 11, 2019

You already asked this same question and received an answer.

If an attorney here says no, are you going to drop it?

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Arizona on
Q: I got a suspension order because I fail my road test? I'm not even a licensed driver?
Gary Kollin
Gary Kollin answered on Oct 3, 2019

You answered your own question

1 Answer | Asked in Land Use & Zoning, Criminal Law, Civil Rights and Landlord - Tenant for Arizona on
Q: Ok so if i live at house on provate propertyand there are broke down or (parts vehicles) out of city limits

I ha e some old vehiclea on my property and i was served a notice to remove them.even if its fenced in and on private property.can they do that

Gary Kollin
Gary Kollin answered on Sep 26, 2019

Well, can they? They did.

Was it legal?

I haven’t read the reports.

I do not know the locality and therefore I can not know which law applies.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Arizona on
Q: I was arrested and held for 6 days then let out lack of evidence can I sue?

I went to the police station to pick up an restraining order my ex gotand was charged with stalking and criminal damage

Mike Branum
Mike Branum answered on Sep 21, 2019

The question is never "can I sue?" (because that answer is always yes), but "SHOULD I sue?" (or "is it worth my time to sue?" In this case, the answer would be no. Law enforcement agencies are immune from most lawsuits and your suit would almost certainly fail very... Read more »

1 Answer | Asked in Libel & Slander, Civil Litigation and Civil Rights for Arizona on
Q: I need to know what can I do my ex friend has done slander, threats, releasing my medical history, cyber harassing me

I have evidence and videos with proof of her saying all of this

Peter H. Westby
Peter H. Westby answered on Aug 22, 2019

You have several options ranging from obtaining an order of protection against harassment to filing a civil lawsuit. I recommend that you speak with an attorney to learn your legal rights and best options. When your attorney knows the facts, he or she will be able to assist you in selecting the... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: What are the laws on someone being charged for DV months afterwards, with no police report being filed at the time

There was no report filed when the so called DV happened more than month later arrested then three months later charged for something said after the DV occurred. Please tell me that cannot happen is there a law on how long someone can be charged with,DV after the incident occurs. From arizona... Read more »

Mike Branum
Mike Branum answered on Aug 1, 2019

The statute of limitations for misdemeanor offenses in the State of Arizona is one year. If the police or prosecutor obtain evidence of a crime, they may charge an individual any time up to one year after the occurrence which they consider a criminal offense. Filing of a police report is not a... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Arizona on
Q: What do I do if am contacted by a detective about them confiscating a stolen firearm I purchased?

I recently had a firearm confiscated from me because it came back stolen.* I've never been convicted of a crime. *I even ran the serial numbers in numerous data bases to make sure it wasnt stolen well come to fund out it was. Now the detective wants to talk to me. I fear that what I say will... Read more »

Mike Branum
Mike Branum answered on Jul 30, 2019

I try very hard to never answer a question with merely "you need a lawyer." If someone is asking a question on an Ask-a-Lawyer website, I figure they likely suspect it would be nice to have a lawyer.

So, the BEST way to protect your integrity and your father's reputation...
Read more »

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