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Arizona Questions & Answers
1 Answer | Asked in Family Law for Arizona on
Q: My court papers say holiday time takes over regular scheduled time. What happens if its my weekend and my holiday?

My parenting time is from 4pm Friday to 5pm Sunday. Holiday is from 6pm Friday to 10 am Sunday. Do I get my child late and return him early or do I just do my normal parenting time even though the holiday falls through my weekend?

Mike Branum
Mike Branum answered on Oct 23, 2020

The BEST approach is always to resolve any dispute with your co-parent. The fact that you are on here asking this question leaves the impression that you and your child's other parent are not successfully communicating regarding custody issues. In the absence of the ability to treat each other... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: How do I get a public defender to sit and discuss my felony drug case now I got to make a choice to plea or trial?

My felony dangerous drug case has been going on for 1 1/2 yrs and out of five public defender's who all quit due to "conflict of interest" on their part, has not one of them even asked me about the case or wanted to discuss it so now the other day my public defender texts me telling... Read more »

Jack Litwak
Jack Litwak answered on Oct 22, 2020

You need to contact your attorney in writing, via email, and ask to sit down to discuss everything. Before the meeting you should request copies of your discovery (police reports, and any evidence the state intends to use to support their case at trial). The attorney should then walk you through... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Arizona on
Q: Can I use pictures (that I took) of artworks in galleries or museums on my blog?

I am starting an art opinion blog, writing about museums, galleries, and exhibitions. I take my own photos of the artwork in these spaces when allowed. I would like to post these pictures on my blog to add detail but am worried about the legality of posting pictures of someone else's... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 20, 2020

This will most likely fall within the exception of "fair use" in copyright law, but be sure to check to see if some of sculptures are also subject to a trademark registration (see, e.g., Space Needle, Golden Gate Bridge).

Also check the Terms of Entry with every single museum to...
Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: How can a person be found guilty in trafficking in stolen goods when they didn't know it was stolen?

I found jewelry in trash found at curb. (I find so much on curbs and make money selling it on FB marketplace) Took it to coin shop to see if it was gold. I got $182 for it. Fast forward. I took it to trial and was found guilty by jury. Gods honest truth I did not steal it nor did I know it was... Read more »

Mike Branum
Mike Branum answered on Oct 18, 2020

You can be CHARGED with anything. The State will still have to prove your guilt. If you were in possession of stolen goods, the prosecutor will assume you're guilty. Only the COURT offers you the presumption of innocence, the prosecutor is not so bound.

1 Answer | Asked in Contracts for Arizona on
Q: Hello. I’d like to know if I can be sued for backing out of an agreement to sell my house?

The transaction involves an investor but I have another interested party that I’d like to sell to. Can switch without any legal ramifications?

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 15, 2020

Most likely not.

Check the contract you signed.

Most likely the buyer can sue you and force you to sell.

Best luck!

1 Answer | Asked in Employment Law for Arizona on
Q: My daughter works 37.5 hours a week (half day Saturday) and is hourly.

She was told that she had to take the company phone home with her and be "on call" until 9:30 each night (she works from 7:30-4:30 normally) in order to get a raise. Now they are adding Sundays as well saying that was discussed and it was not.

Kyle Anderson
Kyle Anderson answered on Oct 14, 2020

Hi, more information is needed here and I'm not sure exactly what your question is. That being said, an employer can require your daughter to be on call.

Whether the time she is on call is compensable is another question. On-call time is compensable (your daughter must be paid for it)...
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1 Answer | Asked in Criminal Law for Arizona on
Q: How do you get your public defender changed?
Mike Branum
Mike Branum answered on Oct 13, 2020

Hire a private attorney.

2 Answers | Asked in Child Support for Arizona on
Q: I am paying child support to my ex. My son left his house am i still obilgated to pay child support.
John R Gaertner Jr
John R Gaertner Jr answered on Oct 12, 2020

This certainly could be a substantial and continuing change of circumstances which would justify you asking for a modification or change in your child support obligation. Consult a family law attorney to discuss the matter in greater detail.

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1 Answer | Asked in Real Estate Law for Arizona on
Q: Can I refinance the mortgage of my deceased Father?

I inherited a manufactured home from my father. The deed was transferred to me but not the mortgage. It has an unfavorable rate, 6.875%. The 30 year loan originated in 2006. I was told by the bank that because it was manufactured home I could not refinance. Loan balance to value is about 50%

Anthony M. Avery
Anthony M. Avery answered on Oct 12, 2020

That is not a law preventing your refinancing That is the Bank's policy. Make sure the Courthouse has a record of your title (Affidavit of Heirship, etc.) Then start looking for a new lender.

1 Answer | Asked in Civil Rights, Real Estate Law, Small Claims and Landlord - Tenant for Arizona on
Q: Had a house fire what c an I do

like loosening our stuff stealing my car pain and suffering

Tim Akpinar
Tim Akpinar answered on Oct 11, 2020

An Arizona attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal and stressful situation. Unfortunately, when it comes to property loss cases, pain and suffering does not generally enter the equation. That is a measure of damages that arises in... Read more »

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Arizona on
Q: How do I find out whether or not a person is a US citizen, how that was obtained, & what document would need to be filed

This seems so crazy to me but I'm actually asking these questions on behalf of my 60 year old significant other who was born in Copenhagen, Denmark in 1960. His mother married an officer in the US military who was stationed somewhere over on that side of the world back then. They married.... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Oct 10, 2020

Hey, you may be able to access his immigration records through the freedom of information act. You may need to know the case number for his moms application. Perhaps Kim is also a beneficiary of his stepfathers US citizenship. It is best to consulte an experienced immigration attorney before... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Is it legal to create a retroactive contract for a rent-to-purchase agreement in Arizona?

I have had great tenants for 3 years renting my home. I am selling my house, and I would be interested in offering it to them (they have expressed interest previously). As agent fees usually run about 6%, I was wondering if I could write a retroactive contract wherein a portion (equal to that 6%)... Read more »

Peter H. Westby
Peter H. Westby answered on Oct 8, 2020

I do not recommend using any kind of retroactive contract. A normal residential real estate purchase contract should be used to document this transaction. But your intention is fine. There is no problem in reducing the purchase price of the home in any amount that you and your tenants agree... Read more »

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Easiest, least expense way to deal with a $1,800 final disbursement payment made to my deceased fathers estate.

In Maricopa County, AZ. Father was a widower with two equal heirs, myself and brother, he has (had) a will and trust document drawn up. I also obtained an estate EIN. His only account transferred as a POD account. No other assets, except this $1,800 check.

Could the check payable to... Read more »

Mike Branum
Mike Branum answered on Oct 7, 2020

https://superiorcourt.maricopa.gov/media/4062/pbse1z.pdf

Sorry for your loss. I hope the information above helps you resolve the issue.

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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: How can I recieve help with filing for contempt of a Divorce Decree.
Mike Branum
Mike Branum answered on Oct 7, 2020

If you are in Kileen, Texas, it will be very difficult for you to get personal assistance in your case unless you are hiring an attorney (I presume when you say "help" you are looking for legal assistance without cost). It is difficult to provide much more specific advice because there... Read more »

1 Answer | Asked in Business Law and Employment Law for Arizona on
Q: My ex-employer won’t respond when I ask about returning work equipment - tablet, phone & laptop. Are they mine now?
Carrie Dyer
Carrie Dyer answered on Oct 7, 2020

No, the equipment is not yours. It is the property of your employer. You should continue to contact your employer until you get a response regarding how the equipment should be returned.

1 Answer | Asked in Employment Law for Arizona on
Q: I went on FMLA for corona now I dont have the position in my store the mgr is training someone. Else

The mngr sent me to another store for a week and now said she doesnt know if they can get hours im a full time assistant manager

Carrie Dyer
Carrie Dyer answered on Oct 7, 2020

You are typically entitled to reinstatement to your position or to an equivalent position (with equivalent hours) upon return from an FMLA-qualifying leave that does not exceed the maximum 12-week allotment. This right to reinstatement exists even if your employer replaced you while you were on... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: My friend is in jail with this charge CR20011581FE. Do you know what that charge is?
Mike Branum
Mike Branum answered on Oct 6, 2020

That is actually the case number, not the charge. I'm not sure though county the case is in, but I am guessing "FE" stands for "felony". If that is correct, then at least one of the charges (there could be more than one) is fairly serious.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Can my two brothers, who are and were living in my father's house stay in the home now that he's passed?

His final will and testament didn't include his new address. The will was made over 30 years ago with his old address. He owns his current home free and clear. No outstanding debts.

Ilene L McCauley
Ilene L McCauley answered on Oct 5, 2020

I am so sorry for your loss.

Even though this seems like a simple questions it is not. It is actually a very complicated question because the law is very complicated. It is complex in order to make certain that none of the people involved are committing fraud.

So, In order to...
Read more »

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: Upon appeal the tenant was granted a stay the day the writ was to be enforced and escrow was to close. what can I do?

The tenant has interfered with the sale of the property for over a year ,badgering buyers. When the tenant learned the property sold he refused access to realtor and inspector along with non payment of rent and numerous lease violations the judgement was awarded and he was to be evicted. The escrow... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 5, 2020

First, I am not an Arizona lawyer. But perhaps you can file a motion requesting the court to lift the stay, for all the reasons you have noted and any other reason having to do with the appeal. But it seems like the tenant is just stalling for time, so if the stay is not lifted, it shouldn't... Read more »

1 Answer | Asked in Immigration Law for Arizona on
Q: I need advice to help a dear friend, who is like a granddaughter to me, to immigrate to USA from Albania, (citizenship)?

I was sponsoring her in nursing school and now she has graduated and has her RN degree. She will be age 22 on Nov. 13, 2020. I own my home and have a room all ready for her, here in Tucson.

Stephen Arnold Black
Stephen Arnold Black answered on Oct 4, 2020

There is no friend category that you can sponsor someone to get a green card from another country. Your friend can get a green card either by marriage to an American citizen or marriage to a green card holder. She can get a green card by getting sponsored for a job, but that job must be tied to the... Read more »

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