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Arizona Civil Rights Questions & Answers
1 Answer | Asked in Real Estate Law and Civil Rights for Arizona on
Q: A friend of my dad's has been living in his house for more than 30 days. He passed recently and she won't move. Options?

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... Read more »

Peter H. Westby
Peter H. Westby 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... Read more »

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Legal Malpractice for Arizona on
Q: State of AZ failed to use UCCJEA, for temp emergency custody minor kids, CA case. Had jurisdiction, what case law help?

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.... Read more »

Stephen M Vincent
Stephen M Vincent 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...
Read more »

1 Answer | Asked in Real Estate Law, Criminal Law and Civil Rights for Arizona on
Q: What extenuating circumstances are there to push the statute of limitations on conversion of property?

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... Read more »

Mike Branum
Mike Branum 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...
Read more »

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Internet Law for Arizona on
Q: What can legally be done when it comes to stalking within the same household of the perpetrator?

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... Read more »

Stephen M Vincent
Stephen M Vincent answered on Nov 9, 2021

If you get a protective order, your relative will be forced to move out of the household.

1 Answer | Asked in Employment Law, Immigration Law and Civil Rights for Arizona on
Q: School principal is confiscating cell phones and keeping them for an unreasonable amount of time: is it constitutional?

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,... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko 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...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: o you have the right to defend yourself from an arrest that you know is unlawful with the same force that the officer is

doing to you?

Mike Branum
Mike Branum 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...
Read more »

1 Answer | Asked in Antitrust, Civil Litigation, Civil Rights and Military Law for Arizona on
Q: girlfriends mom ran some kind of background check without my consent. Finding out a shoplifting case from 5-6 years ago

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... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 8, 2021

Criminal records are publicly available. There is no consent required to obtain publicly available information.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for Arizona on
Q: What if cops took my cell phones & illegally erased videos (evidence) from my phones WITHOUT A warrant
Mike Branum
Mike Branum 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...
Read more »

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!

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 »

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 Personal Injury, Civil Rights and Collections for Arizona on
Q: I had a lawyer in a civil case and there was a settlement to be paid. He was paid. Should he follow up to retrieve money

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... Read more »

Tim Akpinar
Tim Akpinar 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... Read more »

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 Criminal Law and Civil Rights for Arizona on
Q: Whlt are my rights as a property owner after displaying a no trespassing sign if I catch someone on my property damaging

Don't answer the way they want you too answer truthfully

Mike Branum
Mike Branum answered on Sep 30, 2020

Capture video evidence and call 911. After you have contacted 911, you may, if safe to do so, request the parties stop damaging your property and leave. While Arizona law does allow citizens to use physical force in a reasonable manner to stop theft or damage to personal property, it is an... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Juvenile Law and Libel & Slander for Arizona on
Q: I want to press charges for perjury but the person I would go to the Attorney General is the defendant's lawyer already

Perjury is a criminal offense. To press charges you would make a police report and go to the Attorney General. However, in the case where the person committed the perjury the lawyer for that person is the Attorney General. So me going to the Attorney General would be a conflict of interest so how... Read more »

Mike Branum
Mike Branum answered on Aug 17, 2020

If I understand you correctly, you are accusing someone in the attorney general's office of perjury or possibly accusing a state employee in their official capacity of perjury. Either way, it is almost certain that the person you are wishing to have charges pressed against for perjury would be... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Daughter arrested last night

No Bond

judge at 4pm

Chrgs

MIL AFFAIR/EMERG SER

DISORD CNDCT-REF

how much trouble is she in??

T638018

Michelle Villanueva Skura
Michelle Villanueva Skura answered on Jun 1, 2020

From your description the charges are likely:

001) Count of MIL AFFAIR/EMERG SERVICE VIOL

(001) Count of Disorderly Conduct- Refuse to Disperse

Without knowing the specifics of your daughter’s case and taking into consideration the Governor's recent curfew/declaration...
Read more »

1 Answer | Asked in Child Custody and Civil Rights for Arizona on
Q: I'am married and no custody in place can I bring my kids from NEBRASKA to ARIZONA

My husband left the state without my permission the kids were supposed to stay with me can I pick them up from NEBRASKA and bring them to az without breaking the law he lied to me and the kids

Jay Hall
Jay Hall answered on May 25, 2020

Because you are currently married, he probably did not need your permission to leave with the children. Without any court orders in place, parents have coequal rights. That means that you could retrieve the children but he has no obligation to release them to you. Rather than subject the children... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Rights and Health Care Law for Arizona on
Q: My dad was forced to go to a meeting, can he sue his company?

My dad's company recently held a meeting and forced all their employees to attend. No one in the room was wearing a mask or practiced social distancing, and the company have been negligent since the start of the Covid-19 pandemic in their regard for the safety of their employees. They are a... Read more »

Joel Friedman
Joel Friedman answered on May 14, 2020

Thank you for posting your question here. The issue you present is going to be common I suspect, and from my perspective as a workers' compensation (WC) attorney (I do not practice in any of the other three areas mentioned in the post) I think it is going to be difficult to qualify for... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Arizona on
Q: Can a justice court judge deny the return of discovery items (DVD) from a defendant to view in his chambers?

During the hearing, I asked to show the DVD which would prove my innocence. The judge asked for my DVD after the DA said there was nothing worth watching on the DVD. The judge stated he would review the DVD in chambers and return it to me. I have since filed appropriate papers requesting the return... Read more »

Stewart Salwin
Stewart Salwin answered on May 3, 2020

A lawyer would have to look into the specific facts of this situation to see what is going on. In general, if you give evidence to the court it may have become part of the record, which could explain why the court still has the DVD.

1 Answer | Asked in Child Support, Civil Rights and Constitutional Law for Arizona on
Q: Is their an attorneywith guts enough to take on csp

I'm looking for a law firm of non emasculated males and non feminist females who are willing to take on child support services, for the reckless endangerment they pose against people in the arrears by garnishing, disaster relief funds in a time of crisis. This shows negligence in the that... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 12, 2020

Generally, if you are able to afford an attorney in your jurisdiction you should be able to locate one. If you can, I recommend searching for attorneys in your area and speaking with them directly to determine whether they are the right fit.

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