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Arizona Questions & Answers
2 Answers | Asked in Criminal Law for Arizona on
Q: Under what ground are you not assigned a lawyer in pinal County

I was long formed for shoplifting given a court date I went in and told the judge not guilty they assigned me another telephonic court date in which the County attorney presented information to me and gave me options one would include a plea and I don't understand any of it and I asked if a... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Dec 28, 2020

You always have the right to an attorney meaning at any point you can consult or hire a lawyer. You are only entitled to have the court appoint an attorney for you if you are indigent and the punishment may involve the loss of liberty. In some courts, the judge will appoint an attorney any time... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: How to make sure my last wishes (to have sexual relations with my husband or others) (notarized in will) legal?
Mike Branum
Mike Branum 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!

2 Answers | Asked in Copyright and Gaming for Arizona on
Q: Am I able to use music from a game I am making a video review on in that video?

I am unfamiliar with copyright laws so I needed help with several questions regarding copyright and fair use. If I make a video review of a video game, am I allowed to use music from that game in the video for the purpose of review/critique? Is it fair use? If not, how can I contact these companies... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2020

The default is you should not use any content without permission.

Consult with an attorney for specific guidance on your risks of using any portions of other people's content.

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1 Answer | Asked in Criminal Law for Arizona on
Q: Can u travel from AZ to Tn with a 10 yr old warrant
Matthew Maerowitz
Matthew Maerowitz answered on Dec 23, 2020

A warrant is still a warrant no matter how old it is and you can be arrested at any point until you resolve the warrant. Does this mean you will definitely be arrested the second you step foot in Tennessee? No, but you are at risk whenever you have any contact whatsoever with law enforcement. If... Read more »

3 Answers | Asked in Criminal Law for Arizona on
Q: How do I go about getting a court appointed lawyer after receiving a citation?
Matthew Maerowitz
Matthew Maerowitz answered on Dec 21, 2020

You can ask for a court appointed lawyer at your court date listed on the Traffic Ticket and Complaint. You will then be asked to provide the court with your financial information so the court can determine whether you are indigent. Many courts will not appoint a public defender unless the State... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: CAn you oppose a motion for extension of time to file answering brief

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.

Matthew Maerowitz
Matthew Maerowitz 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... Read more »

4 Answers | Asked in Estate Planning and Real Estate Law for Arizona on
Q: My mom died and her husband died 10 months later. The home they had was in both names.

I found out that the husbands son has been paying the mortgage and taxes on the property. Am I entitled to anything?

Douglas Price
Douglas Price answered on Dec 16, 2020

The answer to your question depends on a number of factors including how the title to the home was written and whether your parents had wills or a trust and what those documents stated. We would be glad to assist if you can provide our office with more information. As a child of your parents you... Read more »

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1 Answer | Asked in DUI / DWI for Arizona on
Q: If I live in Arizona and got a UNSETTLED DUI in Florida over 35 years ago how can I get my licence reinstated in AZ?
Matthew Maerowitz
Matthew Maerowitz answered on Dec 16, 2020

If by unsettled DUI in Florida you mean you have an active warrant for your arrest to appear in Florida, you'll need to quash the warrant and remove the hold on your license there before Arizona will issue a license. You should contact an attorney licensed in Florida to address the Florida DUI.

1 Answer | Asked in Criminal Law for Arizona on
Q: If I get a copy of my criminal record and then share it with a potential employer, is that an offense of any kind?
Mike Branum
Mike Branum answered on Dec 16, 2020

Sharing a copy of your own criminal record is not an offense of any kind.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Can a co-owner of a house in Arizona make the other co-owner sell the house?
Peter H. Westby
Peter H. Westby answered on Dec 15, 2020

Yes, a co-owner can force a sale in Arizona by filing a partition action. The court will order that the property be sold and can decide how the net sales proceeds will be divided between the co-owners if needed.

1 Answer | Asked in Tax Law for Arizona on
Q: if you have OOP Against another parent and they cant come in contact of you and child can they claim the child on Taxes?
Mike Branum
Mike Branum answered on Dec 15, 2020

That would depend on the current court order regarding which party is entitled to claim the child on taxes. If the order grants the parent who is subject to the OOP the right to claim the child on taxes, then yes - until the order is modified by the Court or the parties agree, in writing, to a... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: In a divorce, does the consent decree parenting plan have to look identical to the original petition parenting plan?
Mike Branum
Mike Branum answered on Dec 14, 2020

No. As long as you both agree and affix your notarized signatures, it does not have to match the original petition.

1 Answer | Asked in Criminal Law for Arizona on
Q: I would like to know if the following situation is considered a conflict of interest in Arizona.

One of the detectives on a murder case is the blood related first cousin of one of the suspects or persons of interest. They have conversations regarding said case, some on the record some off. Is this a conflict of interest because of the family relation? Thank you in advance!

Mike Branum
Mike Branum answered on Dec 14, 2020

"Conflict of interest" in the legal sense is different from the common way the phrase is used. I presume what you really want to ask is "can I get the detective in trouble / thrown off the case because I think their cousin killed my friend?" The short answer is probably not. The... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Arizona on
Q: How can I dismissed a misdemeanor over half an .Oz of marijuana in Arizona?

Possession of marijuana in Arizona

California resident (Legal in CA)

Criminal charged

First offense

No doctor letter

Officer told me its a misdemeanor

Court: Parker Magistrate (Dec. 2)

Matthew Maerowitz
Matthew Maerowitz answered on Dec 11, 2020

In light of Arizona Prop 207 legalizing possession of up to 1 ounce of marijuana for individuals over 21, the prosecutor should agree to dismiss. Do NOT plead guilty to possession of marijuana. You should privately consult an attorney who can help discuss further.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Arizona on
Q: A couple of months ago my niece told my daughters she was being abused by her Dad.

A week ago she attempted suicide and no one told the people caring for her about this. Im not sure what I can do I feel like if I call CPS or even the police my family may lie. This maybe her only chance to get help and I feel like they will try to discredit me.

Mike Branum
Mike Branum answered on Dec 11, 2020

If something happens to her and you did not report it, you will have to live with that. If you believe your daughters are being truthful and if you believe they will share what your niece told them with investigators, then I feel you have a duty to report the situation and let the chips fall where... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: I had a question about when a DUI starts aging is it the day you were caught or the day you were convicted with a DUI?

Im confused on the concept so does a DUI time start the day you were caught or the day you were convicted? Im asking because im currently seeking a set-aside.

Matthew Maerowitz
Matthew Maerowitz answered on Dec 10, 2020

The length of time both since the date of arrest and date of sentencing can both be used as factors for considering a set aside. Although it depends on the judge, even more important is usually the length of time since completing the sentence. This is also a specific factor to be considered under... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Can the state still place a restitution registration lein on a vehicle if it already has a lein holder on it.

If the vehicle has a lein holder but registered to the person that owes the restitution can they stop them from being able to register the vehicle.

Mike Branum
Mike Branum answered on Dec 10, 2020

A criminal restitution order can absolutely be used to place a registration lien on a defendant which will prohibit the registration of a vehicle until the restitution is paid.

1 Answer | Asked in Civil Rights for Arizona on
Q: My son is SMI. He offered his cousin 4000.00 and she promised they'd be roommates. She spent his $ & got another roomate

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.

Mike Branum
Mike Branum 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.

1 Answer | Asked in Bankruptcy for Arizona on
Q: I have a bankruptcy showing on my credit score. We never went through with it. How do I get it removed
Diane L. Drain
Diane L. Drain answered on Dec 6, 2020

I am very sorry to tell you, but if you filed a bankruptcy - it does not go away just because you don't "go through with it". Perhaps this blog will help you understand: https://dianedrain.com/bankruptcy-stays-on-your-credit-report-even-if-case-dismissed/. Moral - NEVER file a... Read more »

1 Answer | Asked in Consumer Law, Estate Planning, Collections and Small Claims for Arizona on
Q: Is a loan company supposed to pursue the executive of state of a deceased person before pursuing co-signer.

Loan company was paid 19k from insurance. Deceased person left remaining balance of 1k due to late payments. Company asked for death certificate to pursue the executive of state but insist that I am liable for the remaining balance.

Andre Lee Pennington
Andre Lee Pennington answered on Dec 3, 2020

There are 2 areas of law here. If you co-signed for the loan, you are jointly and severally liable, which means they can come after you, as well as affect your credit score. Sorry for the bad news.

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