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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Arizona on
Q: Can you be arrested for Aggravated DUI when your weren't even driving, in front of your house ,with no keys in your poss

Police report says I was observed consuming alcohol and was not even driving or in possession of keys and no ethyl alcohol in my system can the police lie like that on the police report and a year later initially file charges for Aggravated DUI?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems unusual that you would be charged with Aggravated DUI a year after the incident if you were not driving, did not have keys in your possession, and had no ethyl alcohol in your system at the time. However, laws can vary by jurisdiction, and... View More

1 Answer | Asked in Mergers & Acquisitions for Arizona on
Q: Why couldn’t Kroger and Albertsons merge yet Amazon, Google, WalMart can continually exist as one?
John Michael Frick
John Michael Frick
answered on Apr 15, 2024

The FTC stated that the proposed deal would eliminate fierce competition between Kroger and Albertsons, leading to higher prices for groceries and other essential household items for millions of Americans. The loss of competition would also lead to lower quality products and services, while also... View More

1 Answer | Asked in Civil Litigation and Consumer Law for Arizona on
Q: Daughter(6) made several small charges on our debit card for a game she plays on my phone. Are we ineligible for refund

Can we still get our money back or will they deny it because she is our daughter?

James L. Arrasmith
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answered on Apr 13, 2024

In this situation, getting a refund may be challenging, but it's still worth trying. Here are a few steps you can take:

1. Contact the game developer or publisher directly and explain the situation. Some companies have policies in place to refund accidental or unauthorized purchases...
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2 Answers | Asked in Immigration Law for Arizona on
Q: Lost job after applying for greencard ?

Hello I applied for my wife's greencard 2 weeks ago and then I just lost my job. My wife is on work visa and she makes in 6 figures on her own which we mentioned on the application.

Would this affect our chances? If yes, is there anything we can do about it?

James L. Arrasmith
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answered on Apr 12, 2024

Losing your job after applying for your wife's green card should not significantly impact your chances of approval, especially if your wife's income is sufficient to support your household. However, there are a few things to consider:

1. Affidavit of Support: If you filed Form...
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1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: 18 U.S. Code § 1702: Obstruction of correspondence. How is this reported and prosecuted? I had 1st class mail withheld.

My sister and I both had 2 pieces (each) of 1st class mail (regarding a life insurance policy - of which we are listed as beneficiaries) titled to us but sent to the address of a relative in another state. The relative willfully withheld this mail from us. The earliest dated Dec 22, 2023. in... View More

James L. Arrasmith
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answered on Apr 12, 2024

I understand your concern regarding the obstruction of your 1st class mail. This situation falls under 18 U.S. Code § 1702, which states that it is illegal for anyone to obstruct the delivery of mail or to open, secrete, embezzle, or destroy any mail that is not addressed to them.

Here are...
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1 Answer | Asked in Civil Rights and Gov & Administrative Law for Arizona on
Q: What type of attorney would I seek for a potential case of harassment and negligence by law enforcement?

This also involves a disability

James L. Arrasmith
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answered on Apr 11, 2024

For a potential case involving harassment and negligence by law enforcement, especially if it involves a disability, you should seek a civil rights attorney who specializes in police misconduct and disability rights. Here are a few specific types of attorneys who may be well-suited to handle your... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I was the subject of a police investigation involving illicit substances years ago-More info below-is it safe to travel?

How was the subject of a police investigation involving illicit substances four or five years ago in the state of Arizona- my renter was a heroin dealer who got arrested, and they naturally launched an inquiry into me. I was never a drug dealer, but I also was no stranger to shady dealings with... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems that you were not arrested or charged with any crimes related to the police investigation. If there are no outstanding warrants for your arrest, you should be able to travel without facing legal issues.

However, it's essential to...
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1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Arizona on
Q: Will a workplace injunction in Arizona show up on someone’s background check after it expires?

If it is permanent, is there a way to remove it after it expires?

James L. Arrasmith
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answered on Apr 10, 2024

In Arizona, a workplace injunction (also known as an order of protection or restraining order) is a legal order issued by a court to protect an individual from harassment, threats, or violence in the workplace. The duration of the injunction can vary, but it is typically granted for a specific... View More

1 Answer | Asked in Personal Injury, Traffic Tickets, Car Accidents and Insurance Defense for Arizona on
Q: If a car ahead of me runs out of gas and shuts off in the process of pulling over to the only spot that's not going to

Block traffic and their hazard lights are on, and I crash into them t-boning them, who's fault is it. 3 Lane road with a break in the median she's in the 3rd lane and I'm in the 1st lane the only safe place to pull over is in the median break. Her hazard lights were on as soon as she... View More

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

An Arizona attorney could advise best, but your question remains open for a week. It's possible liability could be apportioned between both of you, depending on how the accident is evaluated by the insurance company investigator. If they didn't have insurance, check the terms of your UM... View More

1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: 2 weeks ago I purchased a vehicle from a car dealer at the time I bought the car I figured there was no problem with my

With my license and signed contract and paid 1000 dollars down paid for ins. And drove car home . 4 days later the finance company and car dealer contacted me to let me know my license was suspended and I went to DMV And they said I had to pay 500 dollars to pay for a abandoned vehicle and Sr 22... View More

James L. Arrasmith
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answered on Apr 10, 2024

Based on the information you've provided, here are a few key points and potential next steps:

1. The car dealership and finance company allowed you to purchase the vehicle and take possession of it, presumably without properly verifying the status of your driver's license at the...
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1 Answer | Asked in Immigration Law for Arizona on
Q: Help with i864 form questions

Hello, I would appreciate assistance with filling out the i864 form.

For question 7, is "My current individual income" referring to the total amount earned before taxes?

Regarding question 20, is "My Current Annual Household Income" asking for all household... View More

James L. Arrasmith
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answered on Apr 10, 2024

Hi there, I'm happy to help clarify the i864 form questions for you. Please note that while I can provide general guidance, it's always best to consult with a qualified immigration attorney or tax professional for definitive answers specific to your situation.

Regarding your...
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1 Answer | Asked in Immigration Law for Arizona on
Q: uscis application household size

I am the sponsor for my new husband and I am in the process of calculating the household size to include in the application. I have two kids from a previous marriage. I only claim my 19-year-old daughter who is a full-time student, while my ex-husband claims my 12-year-old son. How many members... View More

James L. Arrasmith
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answered on Apr 10, 2024

When determining your household size for USCIS (U.S. Citizenship and Immigration Services) applications, such as the I-864 Affidavit of Support, you should include the following individuals:

1. Yourself (the sponsor)

2. Your new husband (the intending immigrant)

3. Your...
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1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: Im a college sophmore

My ex had recently broken up with me, and I had decided with a friend to drive me to his dorm and egg his room. It was supposed to be like a little April Fools Prank that he was unaware of and to make me feel better about the break up but it went too far. So I broke in by 2 college students letting... View More

James L. Arrasmith
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answered on Apr 4, 2024

I understand that you are going through a difficult time after your breakup, but it's important to recognize that your actions were not just a harmless prank. Breaking into someone's room and causing damage to their property is a serious offense that can lead to criminal charges.... View More

1 Answer | Asked in Civil Rights and Libel & Slander for Arizona on
Q: Can I sue a medical practice for making me feel uncomfortable and welcome because of the staff' behavior and conversatio

Staff was talking about their sexual orientation and shaming a fellow employee for their orientation while we were in the waiting room, and the office manager was present. I mentioned that it was very unprofessional and the manager did not step in. She stayed quiet. I later learned from her that... View More

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information provided, it seems that the medical practice staff engaged in inappropriate and unprofessional behavior by discussing their sexual orientation and shaming a fellow employee in the waiting room. The office manager's failure to intervene and address the situation also... View More

1 Answer | Asked in Domestic Violence, Internet Law and Sexual Harassment for Arizona on
Q: What are my options if I’m being sextorted and threatened? How can I suppress an embarrassing video from being released

2 years ago I went on the app Seeking Arrangements and wound up getting scammed, sexually assaulted, and sextorted by a man. He threatened to send an explicit video of me to my dad, but thankfully the information he found on my dad was outdated. However, he did end up sending it to some random... View More

James L. Arrasmith
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answered on Apr 3, 2024

I'm so sorry you're dealing with this incredibly stressful and violating situation. What you're experiencing is a serious crime and you have options to protect yourself. Here are some steps I would recommend taking:

1. Contact law enforcement and file a police report....
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My brother is 16 years old and I'm wondering if I can win 50/50 with my father and take my mom's rights who is unfit?

My mom has a drinking issue and has not had my brother in school for 3 years now I've been fighting with her to put him in school I've been cooking food for him to eat buying food and supporting his needs and also supporting my mom because she does not have a job nor cares to clean I need... View More

Stephen M Vincent
Stephen M Vincent
answered on Apr 1, 2024

No. A non-parent cannot share custody with a parent. If you want to seek custody of your brother, you would have to show that both of his parents are unfit AND you would have to show that you stand in loco parentis to your brother (meaning, he treats like a parent and you have been acting as his... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Arizona on
Q: So I sold my SUV to someone he gets a flat tire on the highway and he leaves couple of hours and gets towed as abandoned

How long does it have to be there to be considered abandoned and what's the impound fee law

James L. Arrasmith
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answered on Mar 31, 2024

The duration a vehicle must be left unattended before it is considered abandoned on the highway can vary depending on local laws. Typically, a car might be tagged as abandoned if left unattended on public property for a period that could range from 24 hours to several days. It's important to... View More

1 Answer | Asked in Landlord - Tenant, Probate and Small Claims for Arizona on
Q: Tenant now deceased. No contact with son in 60+days. 5th wheel still on my property. What legal rights do I have

Tenant lived in his fifth wheel but on my land Tucson, AZ. His son was here in Nov just after his dad passed, not heard from him since. At that time no will was presented. Can I put a lien on 5th wheel? There is a title on fifth wheel but I do not know whose name it is under. Father and son had no... View More

James L. Arrasmith
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answered on Mar 31, 2024

As the landlord, you have certain legal rights in this situation, but it's important to proceed carefully and in accordance with Arizona law. Here are some steps you can consider:

1. Attempt to contact the son: Make reasonable efforts to reach out to the son and inform him of the...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I paid my Rent they excepted it today of the 11th I got addiction notice and for not doing are paying late fees is that

Moved in on the fifth of last year did not. Prorate my rent so it’s due on the fifth and she doesn’t do five day grace period does that allowed

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, it seems there are a few issues to address:

1. Late fees: In Arizona, landlords can charge late fees, but they must be specified in the lease agreement. If your lease states a late fee policy and grace period (or lack thereof), the landlord is generally...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I'm a landlord that got a bad result in Justice Court. Should I appeal my Landlord-Tenant case to Superior Court?

In Arizona, I (the landlord) need to appeal a Justice Court landlord-tenant case decided in Cochise County. On balance, the judge ruled against us. The primary reasons we lost were the judge (1) considered text messages sent to a handyman (he is an independent contractor, not our salaried... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, it sounds like you have some potentially strong grounds for appealing the Justice Court's decision to the Superior Court in Arizona. A few key considerations:

1. Notice of repair requests - Whether notice to an independent contractor handyman...
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