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Arizona Civil Rights Questions & Answers
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 shortly after being filed. I know... 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 be... 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 would be to hire an...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Municipal Law for Arizona on
Q: Is it legal to be arrested because of a warrant for not appearing in court if I never received court date information?

I was never served or received any court documents about appearing in court over non payment for a furniture rental. I had no idea there was a warrant out for my arrest. I rented furniture from a rent to own furniture company and fell behind on the payments. The company was unwilling to make... Read more »

Mike Branum
Mike Branum answered on Jul 15, 2019

Typically a judgment may not be entered without the plaintiff demonstrating proof of service. If you were not personally served, the plaintiff may have used an alternative method of service such as service by publication (where the plaintiff runs a legal notice in a newspaper that covers the area... Read more »

1 Answer | Asked in Family Law, Adoption, Civil Rights and Juvenile Law for Arizona on
Q: How can I get my son back from DCS

DCS took my son from the hospital becuz he tested positive for drugs. But my girl friend tested negative. Then they brought up an old case that my ex wife and I had. And the grandmother tried to have my son placed with her but the case worker told her right from the start that she was denied all... Read more »

Rich J. Peters
Rich J. Peters answered on Jul 10, 2019

Is your Court appointed attorney taking steps to deal with your concerns? Are you looking to hire private counsel?

I did not see any particular question that I can answer. I can say that my advice always in these situations is to bend over backwards to satisfy DCS that you are doing...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: If someone call the police on me and left, can I be detained until they show up to give their statement?
Zachary Divelbiss
Zachary Divelbiss answered on Jun 13, 2019

This is a tricky question to answer because there are many specific things that can happen that need to be evaluated. However, the quick and simple answer is that as long as the police are conducting an investigation they are allowed to detain you. Now, there are other legal things to bring into... Read more »

1 Answer | Asked in Family Law, Civil Rights, Construction Law and Internet Law for Arizona on
Q: can i press charges for hacking email and sharing data

my ex wife hacked my email took medical paper off and sent it to the ex im in custody battle with she in turn entered into evidence through a motion and no i didnt file for strict compliance.

Rich J. Peters
Rich J. Peters answered on May 30, 2019

As a family law attorney, I can only address how this issue could be addressed in Family Court. You would need to discuss whether criminal charges are appropriate with a law enforcement officer. In Family Court, you can certainly complain about the method in which she obtained this information in... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Employment Discrimination and Landlord - Tenant for Arizona on
Q: Can landlord/employer come into your home and take all your belongings

My landlord /boss and I had a falling out so I decided just to move out.ss I'm moving landlord /boss comes and takes all my property and personal belongings

Mike Branum
Mike Branum answered on Apr 26, 2019

No. This is an invasion of your right to privacy and your rights as a tenant. If you can afford a retainer you should probably hire an attorney. It may be difficult to find an attorney who will take this case on a contingency basis but it is possible. If you have limited income you may qualify for... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Arizona on
Q: Guardianship or Power of attorney? My son 39yrs, an adult. SMI and schizophrenic. I think he is getting worse. I am Mom.

He still lives with me. He also has legal fines, court dates that he misses, is on probation and just seems to be digging this hole deeper and deeper. I want to help him.

Peter H. Westby
Peter H. Westby answered on Apr 8, 2019

A guardianship would give you the most control and the most help. Check with your son's physician to see if the physician would support a guardianship.

But speak with someone you trust before commencing this legal procedure. This will be a most difficult task even with a guardianship.

2 Answers | Asked in Criminal Law, Family Law and Civil Rights for Arizona on
Q: Is there a way to open a civil case to be reimbursed by my codefendant for half of the restitution I solely paid in full

I was involved and charged in a case in 2016 that led to a large sum of joint and several restitution between my codefendant and I. I had just turned 18 and was charged as adult, meanwhile my codefendant was 17 and was charged as a juvenile. In turn they were essentially "let off the hook" and... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Feb 19, 2019

This is a question we get asked quite frequently. Who you really need to ask is a civil litigation attorney but their answer is likely going to be that you will not have a successful lawsuit against the other party.

The unfortunately reason that you will be held responsible to pay...
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1 Answer | Asked in Civil Rights, Health Care Law, Legal Malpractice and Small Claims for Arizona on
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?

Although, the woman stood there coughing and her voice gone, and having trouble breathing. The Walmart tech and staff refused to help her and insisted the lady was going to use the albuterol machine mouth piece for drugs (Walmart has the mouth piece for the machine on their website for sale, the... Read more »

Gary Kollin
Gary Kollin answered on Feb 2, 2019

While not the best, the machine can be used with only the tube and not the mouthpiece.

1 Answer | Asked in Bankruptcy, Civil Litigation, Civil Rights and Education Law for Arizona on
Q: I have no collection accounts on any of my credit reports but I'm considering filing for bankruptcy, is it right for me?

In just one year of attending I have a $33,249.70 Student Account balance past due at Arizona State University. This is the amount owed to ASU after all Financial Aid payments ($23,000 of student loans) were applied and is growing with a $100 per month late fee. I am going to SCC for this spring... Read more »

Timothy Denison
Timothy Denison answered on Jan 25, 2019

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!

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Arizona on
Q: Hi I am sending you a link to the inmates record. Seems he should be released. Thank you

https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx

Zachary Divelbiss
Zachary Divelbiss answered on Dec 10, 2018

Hello, this link you have attached is the generic link without any individual case information. I do not believe the site will allow you to copy and paste it with the inmates information. Feel free to send us an email with the information. Zach@Divellaw.com

1 Answer | Asked in Criminal Law, Immigration Law and Civil Rights for Arizona on
Q: Can i post bail for my boyfriend if he is illigal and was detained due to mariguana and meth?

We got stopped we where not told the reason for all we where asked was if we knew where some guy was.. We said no the sherrif knows who she was looking for yet she searched my car and arrested my boyfriend i need help fast.

Amber Hardy
Amber Hardy answered on Sep 27, 2018

Is the case in CA or AZ. If it is in CA I can help with the criminal and immigration. If it is in AZ I can only help with the immigration. As for posting bail he may have an ICE hold or get one when you post and would then be held for immigration to pick up so bail is tricky. Please feel free to... Read more »

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