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Arizona Civil Rights Questions & Answers
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...
Read more »

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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 »

1 Answer | Asked in Car Accidents, Criminal Law and Civil Rights for Arizona on
Q: Can someone return your car then leave with it again without your consent and not being it back.

I gave my car to a friend. He won't pick up his phone for 3 days now. He returned my vehicle then hopped in it and told my kids he was going to the studio. I never told him he could. Can I press charges. He won't bring it back

Josephine Pesaresi Hallam
Josephine Pesaresi Hallam answered on Sep 19, 2018

Yes. There are two types of charges in this area.

One is called the means of transportation. And then a lesser felony is called unlawful use of means of transportation.

A theft of means involves someone permanently trying to deprive you of your property (vehicle). And on a lawful...
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1 Answer | Asked in Personal Injury, Civil Rights, Gov & Administrative Law and Probate for Arizona on
Q: My dad was murdered in his living room in lake havasu city, az 3nov2017. His killer "turned himself in" who can help me?

The murderer, after killing my dad, stole my dads gun, 1 of 2 weapons used in the crime, as well as my dads wallet, cellphone, keys, & truck, all recovered from the killers possession at the time of incarceration. He was initially arrested in la paz county, where he turned to law enforcement for... Read more »

Peter H. Westby
Peter H. Westby answered on Sep 12, 2018

I recommend that you contact an Arizona probate attorney to advise you and answer your questions. There are many details that need to be handled and your attorney can help you get started.

2 Answers | Asked in Family Law and Civil Rights for Arizona on
Q: Can I take a girl to court to see if it's my kid when she's still pregnant ?

2 months ago I got with a girl and she got pregnant and she told me she was 11 weeks pregnant and it was mine then she said she wasnt pregnant but we have mutual friends and my friend who talks yo her told me she told her she is pregnant. Oh tested this girl and called her and. Try telling her that... Read more »

Gary Kollin
Gary Kollin answered on Jul 21, 2018

Yes. There is a paternity action.

You are wonderful.

The easiest test is a blood test. It does not establish paternity but can eliminate it

Good luck

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: I'm filing a notice for post conviction relief. How can I find a lawyer to review it for me. this is just the notice.
Zachary Divelbiss
Zachary Divelbiss answered on Jul 19, 2018

I recommend visiting the State Bar of Arizona's website where you can specifically look for a Post Conviction Relief (PCR) lawyer.

http://www.azbar.org/legalhelpandeducation/find-a-lawyer/

2 Answers | Asked in Criminal Law and Civil Rights for Arizona on
Q: I'm being charged disorderly conduct -weapon/instr but had no firearm on my presence before or during the arrest

I would like to know what I can do against my charges

Zachary Divelbiss
Zachary Divelbiss answered on Jul 5, 2018

Hello, you are facing a serious charge so thank you for reaching out to get some help. Based on what you have briefly mentioned, you should strongly consider hiring an attorney to help you with your case and get the charge either reduced or dismissed. We are located in Glendale and will be happy to... Read more »

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1 Answer | Asked in Civil Rights and Family Law for Arizona on
Q: I need help putting together a case against the state of Arizona in a civil case. I need a paralegal to help me.

I have no idea on how to file a case or even put it together.

Gary Kollin
Gary Kollin answered on Jun 24, 2018

That's the same reason why I do not perform surgery. I wouldn't hire a nurse, paramedic, or nurse's aide to stand by and teach me. Hire a lawyer!

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