They entered the yard handcuffed him at 10am searchead his home and found his safe broke into it found drugs and money and arrested him and served him aearch warrant at 120 pm while already in jail is that even ligal i thought you needed a warrant to search premises and their body cams were off... View More 
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answered on Jun 3, 2022
Generally speaking, the government needs a search warrant to search your home. There are some exceptions such as exigent circumstances or imminent danger. You indicated that they served a warrant him later in the day. What really matters is when was the warrant issued by the Court. Again,... View More
Me and my Wife rent a room at her mother's for 800 a month, and always pay on time. Me and my Wife suffer from severe anxiety and her mom keeps racking on the door randomly waking up our child and shooting our anxiety through the roof. We have confronted her told her of our anxiety and to... View More
answered on Mar 15, 2022
I'm sorry to hear of your situation. I'm sorry that your mother-in-law is not more sensitive to your needs. That is certainly a failure on her part on the human level. I wanted to give you the number for National Suicide Prevention Lifeline: 800-273-8255
Unfortunately, I think you... View More
By entire I mean audio and visual from statements given by each person arrested with me that is mentioned in the disclosure.
answered on Mar 2, 2022
You're entitled to basic disclosure and anything that may be exculpatory in nature. Including statements made by co-defendants. Your attorney needs to ask for everything.
answered on Mar 2, 2022
10 years from the date of commission for F2 and F3, 5 years for F4-6.
After ten minutes of searching they say they found heroin next to my shifter and come and ask me if it was heroin. They told me they had probable cause to search. How can this be if they found drugs ten minutes after there search. Just because I was sleeping. Does that mean they can enter my... View More
answered on Feb 9, 2022
I don't entirely understand your question. If there was something that "through training and experience" an officer believed something to be heroin in plain view, they have probable cause for a search. Was there body cam? Dash cam? I suggest speaking with your attorney who can review... View More
I live in Arizona non married parents fighting for custody of their child is it legal for the judge to require them to share with each other their ssn bank account numbers business ein tax records and drivers license number this seems to violate privacy and security as this information can be... View More
answered on Feb 9, 2022
Yes, if you have a custody dispute you will also be determining child support. A deep dive into your financial affairs is required to determine child support where parents dispute earnings. The courts have the authority to require you to produce all relevant financial information.
Occured last December at the Yuma county jail. It happened to my boyfriend and several other inmates within the same pod. The detention officer was masturbating and finished at the inmates door while they tried to sleep.
answered on Feb 7, 2022
You would need to report this behavior to the Yuma County Sheriff. If you get no response there, you would next turn to the Arizona Office of the Attorney General.
While it is possible the inmates could sue in civil court, without an investigation and findings from a law enforcement agency,... View More
can the accused (incarcerated presently) attend an arraignment without legal representation and no witness?
answered on Feb 3, 2022
Arraignments aren't a time for witnesses to be present generally. That's typically a Grand Jury indictment or Preliminary Hearing. If you cannot afford an attorney, one will be appointed to you. Usually before the arraignment. If you "can afford one" but didn't, the judge... View More
My dad had agreed to let a friend of his stay with him short term. This turned into long term at around a year. She has been living rent free under my dads roof. About a month ago she became ill and was transported to a nursing facility where she remains presently. Around the same time my father... View More
answered on Jan 28, 2022
The first step is to contact a probate lawyer. The lawyer will determine if a probate is needed to administer your dad's estate. If so, he will assist you in obtaining the appointment of a personal representative. The personal representative will have the legal authority needed to evict... View More
We are victims of abuse, DV. I left CA 2018 moved to AZ to seek asylum and safety from abusive sociopath (NPD) ex husband and bio dad of our 2 minor children. Asked for move away orders in CA family court, citing DV and asked for temp emergency orders there, allow me to bring kids to AZ. Denied.... View More
answered on Jan 20, 2022
My heart goes out to you. It sounds like you're in a very difficult position.
The law for temporary emergency jurisdiction is ARS 25-1034. The best case on your side is probably Arturo D. v. Dep't of Child Safety, 249 Ariz. 20 (App. 2020) where Arizona did exercise emergency... View More
My mother has clinical depression and was advised to not sign any documents. My mother and father were never married and were separated. My mother living in the home alone fell victim to fraud on “refinancing” but lost her home, about 2007. We (my mother and 5 children living in the home) were... View More
answered on Jan 11, 2022
The argument would be that the deception (injury) was not discovered until more recently. This is called "tolling" of the statute of limitations because the injured party is unaware of the injury.
The problem will be finding legal representation to assist you with a complicated... View More
I currently reside with a relative who has demonstrated that they're taking great pleasure to aggravatedly stalk, harass and electronically surveil my everyday use (PC and Mobile) without my consent to do such things. Now because of the living situation, I just want to make sure my safety is... View More
answered on Nov 9, 2021
If you get a protective order, your relative will be forced to move out of the household.
1st infraction: 1 week; 2nd: 30 days; 3rd: entire school year. No parental consent or due process. No policy on how its enforced. School administrator states that cell phones are prohibited items: my concern is the safety of the students. Many parents rely on cell phones to track their children,... View More
answered on Oct 22, 2021
Yes.
Limiting access to mobile telephones for school students by the school Administration is completely Constitutional. The school implements its rules and oversees education , social and safety parameters of that educational institution.
The school may and should limit any... View More
doing to you?
answered on Sep 3, 2021
I wouldn't recommend it. Technically, yes, but dead right is still dead. The appropriate time to challenge the legality of an arrest is not mid-arrest.
The answer would have been markedly different in Arizona in 1871 but this is 2021. Law enforcement has Motorola. Even justified use of... View More
It was something I wanted private because the case was dismissed. And from what my girlfriend said, "Her mom knows people" and that really puts me in allot of unease.
I guess a useful piece of information is that her mom is in the military, so I'm not sure I'd... View More
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answered on May 8, 2021
Criminal records are publicly available. There is no consent required to obtain publicly available information.
answered on Feb 1, 2021
Illegal? Absolutely. Can you prove it? Maybe. It would require a previous backup to show what was there and a forensic examination of your phone to determine what was removed and when. You would need to be able to show that when the file was erased the phone was in police control.
The... View More
answered on Dec 28, 2020
Your question does not make sense. If you have a legitimate question, I would suggest you attempt to express it in such a way that the attorneys on Justia are able to provide you with a response. Have a great 2021!
The State of AZ filed an unopposed motion for extension of time to file answering brief and I want to know if I can contest it.
answered on Dec 20, 2020
A Motion for Extension of time can be contested; however, if it is "unopposed" that means the State of Arizona already sought the other side's position and did not object or did not timely object. Typically, a judge will grant an extension even if opposed unless there is good reason... View More
Can we sue her? He is incapable of making financial decisions. He wanted so badly to live with her. She lied to him and knew he was mentally ill.
answered on Dec 8, 2020
If your son is a minor or if you are his legal guardian as an adult, you can and should file suit against the person who relieved him of his money. You should also contact the law enforcement agency with jurisdiction because there are criminal penalties for taking advantage of vulnerable adults.
So they had two years to pay the settlement and after that it would accrue interest. My lawyer was already paid and I was told when two years came if we needed we would go back to court. It’s been 13 yrs I contact the office a few times over the yrs and at one point told I wouldn’t have to pay... View More
answered on Oct 29, 2020
Depending on the facts of the underlying case, this could be something that an Arizona or Massachusetts attorney could advise best on. But your post remains open for two weeks. It isn't fully clear what happened here that has you waiting for the funds of your award. If your lawyer recommended... View More
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