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Arizona Questions & Answers
2 Answers | Asked in Bankruptcy for Arizona on
Q: Ok I’m in az filled bank rupt last feb do I owe my tax return this year to. If I owe 2 months do I divide it by two

Since I filled last feb and send them a check. Also case was reopened in November to distribute last yrs tax return or should I be clear now since I paid the returns last yr

Diane L. Drain
Diane L. Drain answered on Feb 6, 2020

If you have an attorney, please contact them because this is what you paid them for. So, I am going to assume you do not - the trustee collects tax refunds for the year you filed and any prior years that you have not collected. If you filed the bankruptcy in 2019, then the trustee can collect... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: My surgeon released me light duty, must I take back 2work program non profit or can I find my own job?

I still dont feel better.

Joel Friedman
Joel Friedman answered on Feb 2, 2020

Hello, thanks for your inquiry. That's a good question - I would advise against looking for different work than what you are being offered. The nonprofit place is more likely to accept your limitations from the doctor who put you out on light duty and if not you have a direct contact to your date... 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 Criminal Law for Arizona on
Q: lost my ticket/complaint how can I find out what date and time I am supposed to appear at Chandler Municipal court AZ
Zachary Divelbiss
Zachary Divelbiss answered on Jan 27, 2020

You can contact the court directly at 480-782-4700 (0) and they will be able to tell you the date and time of your next court date. If you need any help, please contact me directly at 602-900-6642.

1 Answer | Asked in Criminal Law for Arizona on
Q: Should they have continued searching my car?

Allegedly, an undercover officer pulled me over after running my info and seeing that I supposedly had a suspended license. So, he told me that the car would have to be towed and asked if there was anything in the car. Allegedly, I admitted to drug paraphernalia being in there. As they searched,... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

This is a situation where you will definitely want to talk to me about the specifics of your case, or your friend’s case. Usually there is enough reason to search the case based on you admitting to there being drugs/paraphernalia in the car but this can get much more complex than a simple yes or... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: In Arizona criminal proceedings does the defendant have a right to a lawyer during an evidentiary hearing?
Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

Yes a criminal defendant has a right to a lawyer at all stages of their case, including an evidentiary hearing. There are very few reason where you wouldn’t have a lawyer and I would be more than happy to discuss it with you. Feel free to reach out for a free consultation 602-900-6642.

1 Answer | Asked in Criminal Law for Arizona on
Q: What is the sentencing for false information to law enforcement in Arizona? I have no record
Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

There are a few different charges that could involve providing false information so it would be best to contact me directly for a free consultation 602-900-6642. If it’s a misdemeanor then there’s going to be less of a punishment than a felony. However, everyone’s case is a little different... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: i got pulled over and the reason for pulling me overx the sheriff said "he pulled me over because i was trespassing"

is trespassing a moving violation? it seemed like if they were watching me or the area, cause there were 3 sheriffs involved in the stop.

Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

I agree that this is a very weak reason to be pulled over and isn’t the typically traffic violation that allows a the police to conduct a traffic stop. However, someone can still tresspass while in a vehicle so I would need to know more about what actually happened. Feel free to reach out for a... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If someone signs extradition papers does the state who issued the warrant have to wait until he finished his sentence
Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

Good questions. Legally the answer is pretty vague as the extradition allows the removal to another state. Typically, if someone is already in custody they will finish their sentence and then be extradited to the new state to face the other charges. If you have more questions or are worried about... Read more »

2 Answers | Asked in Family Law for Arizona on
Q: I want to file a divorce from my husband of 42 years but can’t afford to hire a lawyer.

I found out that he is having an affair with the wife of my cousin. He admitted the affair started either 1985 or 1989 and continued on till November 2019 but I know they are still talking Jan 17, 2020

Mike Branum
Mike Branum answered on Jan 23, 2020

If you and your husband have no minor children and your assets are not complex, you may be able to navigate the process without an attorney. Visit for all the forms you will need to file. If you open a business or have substantial assets, the process will... Read more »

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1 Answer | Asked in Bankruptcy and Consumer Law for Arizona on
Q: Is a debtor 'allowed' to have both an awarded judgement AND still report the debt on my credit report?

I have a debt/collections I am trying to pay off but just found a judgement in county records against me for the same debt by the same company.

The judgment is not appearing on my credit report, only the collection itself. Is it legal to have both a judgement won and filed in a recorders... Read more »

Timothy Denison
Timothy Denison answered on Jan 22, 2020

You should notify all three credit bureaus that they are the same debt. It should only be reported as the judgment.

1 Answer | Asked in Tax Law for Arizona on
Q: Can a state (for example, California) in which I owe taxes, file a lien against real property in a different state (AZ)?

If I owe taxes on California, can the state of California file a lien in Arizona against any property that I own?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 21, 2020

Generally no. They are limited to the real and personal property within the state.

1 Answer | Asked in Probate for Arizona on
Q: co-executor issues. I’m doing all the leg work, and physical work. She ignores my messages for days. Assets < 75,000

My dad has a will named his co executors as myself his dtr and his significant others dtr (they weren’t married). I want to follow my dads wishes and I feel like I have to hurry up and get everything done. She has done nothing other than sign documents to sell his house. I had to find the... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 21, 2020

Where there co-executors it is not unusual for one of them to do most of the work. A co-executor can be removed by court order but I would not recommend spending estate assets for this procedure unless the co-executor's conduct is causing loss or damage to the estate. I recommend completing the... Read more »

1 Answer | Asked in Car Accidents and Land Use & Zoning for Arizona on
Q: what happens if i park in a no-parking zone and im not with the car and the police is taking pictures of my car

i parked in the desert in a no-parking zone and i left it there at night and 4 cops were taking videos and pictures of it

Peter N. Munsing
Peter N. Munsing answered on Jan 20, 2020

Looks like you will receive a citation. If it was a protected area could be citations on that as well. If it was an area around a military facility you may have additional charges it it was posted as a restricted area.

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on


Joel Friedman
Joel Friedman answered on Jan 18, 2020

I'm not sure what questions you have and this is not part of my practice area (I only represent people with work injury claims) so my answers should not be relied on to determine what rights you may have - it appears from your question that you received a raise as of July 2019. Your monthly salary... Read more »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: As second named trustee, can I file suit on behalf of the estate when first successor trustee chooses not to act?

I am the second named successor trustee of an irrevocable trust and the trust document’s only wording regarding succession states, “If ___ fails to act for any reason, then ____ shall act without bond”

Nina Whitehurst
Nina Whitehurst answered on Jan 17, 2020

First try to get the first named trustee to sign a resignation. Or, if a trust protector is named in the trust document, ask the trust protector to remove the first named trustee. If the foregoing doesn't work, hire a trust administration attorney to review the trust document to see what your... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I have been charged with a criminal misdemenor. I plead guilty and now will attend a pre-trial conference. I am canadian

My fear is that I won't be able to cross the border if convicted of a criminal charge. I was riding my Off road vehicle in the desert - there was a wash out on the trail so I took a well used trail around it. But as I took the trail I observed someone waving to me. I approached them. It was a Fish... Read more »

Mike Branum
Mike Branum answered on Jan 16, 2020

It is highly unlikely that a nonviolent misdemeanor conviction would have any effect on your admissibility into the US. 8 USC 1182 lists the factors which may make a non-citizen inadmissible to the US. The two sections which most closely relate to your question are (2)(A)(i)(I) crime involving... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: I have a child custody order for supervised visits from Louisiana,how do I get the state of Arizona to recognize the it
Rich J. Peters
Rich J. Peters answered on Jan 14, 2020

We would need to "domesticate it", which means filing a certified copy along with required documents. It is a very simple process.

More importantly, are you hoping to enforce it here? Modify it here? If so, we would need to discuss jurisdiction issues as well as modification issues and...
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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Arizona on
Q: I have a dcs case in arizona and it's super complicated...

I gave birth at home. It was planned, my second all natural birth. She came at 37 weeks just like my previous daughter. She was pink she cried she nursed she pooped. We went to sleep when I awoke she was not breathing. Called 911. Was told at hospital she had died. Then I was held in the room where... Read more »

Mike Branum
Mike Branum answered on Jan 14, 2020

First, I cannot imagine what you are going through. I wish you the strength to weather this storm, the patience to deal with the government bureaucracies, and the resiliency of spirit to bounce back from this ordeal when you reach the other side.

Unfortunately, unless you can afford an...
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1 Answer | Asked in Immigration Law for Arizona on
Q: Do we need a wedding ceremony or can we get court marrieage or signed by our preist for GC?

My fiance and I've been in relastionship for more than a year. We are living together (6+ months) and engaged for about 3+ months. She is a US citizen and has never been married. Has a 6 year old kid. Both of us have good jobs. I'm currently on H1-B and never out of status. My GC is filed under... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

Either a court marriage or a church marriage, as long as it is recognized by the state, are valid marriages. It doesn’t have to be a big affair.

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