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Arizona Civil Rights Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Arizona on
Q: My son (20 years old) was arrested for slapping his roommate after they got into it about his friend using a racial slur

He was arrested on the spot and told he could not return to his apartment that is on the ASU campus. I just want to know his rights and if he should get a public defender.

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

While I do not have a copy of your son's lease agreement or the trespass notice in front of me, these documents can be controlling as to whether or not he still has access to his apartment.

Primarily he needs to get in touch with the management to find out if they will enforce the...
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1 Answer | Asked in Contracts, Employment Law, Business Law and Civil Rights for Arizona on
Q: I quit my job without notice, and my employer claims that it's impossible to have my check mailed to me.

I quit my job without notice, and AZ law says I have the right to have my final check mailed to me by or before my next pay date. My employer claims I signed my right to this away during onboarding, and is trying to make me drive to the office and sign for my check. The alleged paperwork... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's an analysis of the situation:

1. Arizona Labor Laws:

Arizona labor laws require employers to pay final wages to employees who quit without notice by the next regular payday. The law also allows for the employee to request that their...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Arizona on
Q: Can a manager of apartments tell you that your children are not allowed outside w/o supervision or he will evict you

I live in a 2bd weekly rental(Budget Suites) , with my 3 grandchildren ages 10, 11, & 13, in Mesa AZ. The manager has written me up 2 times and says he will evict me because my grandchildren have to be supervised by me anytime they go outside. I work nights, at Walmart, and my grandkids want to... View More

James L. Arrasmith
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answered on Jun 15, 2024

The situation you're describing sounds very frustrating. It's important to know that property managers do have the right to set rules for the safety and order of their properties, but these rules must be reasonable and not discriminatory. If the rental agreement doesn't explicitly... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Arizona on
Q: Would I have grounds to sue Maricopa county for financial compensation

On April 30th I was pulled over for speeding and informed that I had an outstanding warrant out of the state of Idaho and that the issuing county planned to come and get me. So I was taken into custody by MCSO booked into the jail. On May 13th I waived my right to contest extradition giving the... View More

James L. Arrasmith
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answered on Jun 3, 2024

You have grounds to sue Maricopa County for financial compensation due to wrongful imprisonment and the significant losses you suffered as a result. Being held for two extra weeks after the charges were dropped caused you severe personal and financial harm, including eviction, repossession of your... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Arizona on
Q: Would I be able to press charges against someone who placed a hidden device in the privacy of my bedroom?

I do know the person who did it and am willing to press charges against this said individual should the opportunity arise. But I was curious, what form of state punishment would this person receive if they were to be brought up on "voyeurism charges", and if I wanted to sue this person... View More

James L. Arrasmith
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answered on May 1, 2024

If someone placed a hidden device in your bedroom, you could potentially press charges for voyeurism, a serious invasion of privacy. Voyeurism laws vary by state, but generally, it's considered a criminal offense when someone knowingly invades another person's privacy for sexual... View More

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 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 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 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

2 Answers | Asked in Civil Rights and Education Law for Arizona on
Q: If my child has disability and is placed in an Emotional Disturbance program, can they be excluded from School Trips?

If my child has been diagnosed with a learning disability as well as an Emotional Disturbance, can a school than keep my child from attending assemblies, school activities, field trips and even vocational training? If they are being put in Special education because of the disability, so they can... View More

James L. Arrasmith
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answered on Mar 28, 2024

Under U.S. law, specifically the Individuals with Disabilities Education Act (IDEA), students with disabilities, including those diagnosed with Emotional Disturbance and placed in special education programs, are entitled to receive a Free Appropriate Public Education (FAPE). This means that they... View More

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2 Answers | Asked in Civil Rights and Education Law for Arizona on
Q: If my child has disability and is placed in an Emotional Disturbance program, can they be excluded from School Trips?

If my child has been diagnosed with a learning disability as well as an Emotional Disturbance, can a school than keep my child from attending assemblies, school activities, field trips and even vocational training? If they are being put in Special education because of the disability, so they can... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

Generally they should not be excluded. The school ought to make reasonable accommodations so the student may participate in the full range of activities along with the typical peers. Make sure you include language like this in written communication with the school and ask what accommodations they... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: what can i do if i dont have money to spend on a lawyer but i believe my civil rights have been violated by the city pd

was on a job and the place where i was working was being broken into and used as a drug house and flop house.. so i staged the property as if someone lived there and continued to work on the house. (i was trying to keep the house in compliance withthe city so they didnt get anymore violations with... View More

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answered on Mar 25, 2024

If you believe your civil rights have been violated but lack the resources for a lawyer, consider reaching out to legal aid organizations or civil rights groups in your area. These groups often provide free or low-cost legal services to individuals facing civil rights issues. Additionally, some law... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: A search warrant was served on my house. I asked the officers why my home and they said it was surveiled

They didn't find any stolen goods and left me to fix my door and sue them for the money. I want to find out if the search was legal

James L. Arrasmith
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answered on Mar 24, 2024

The legality of the search conducted at your home depends on several factors. If the officers had a valid search warrant, it typically means that a judge found probable cause based on evidence presented by law enforcement. The specifics of the warrant, such as the address, date, and items sought,... View More

1 Answer | Asked in Civil Rights and Consumer Law for Arizona on
Q: Is a retailer required to assist disabled customers with their heavy purchases?

I was shopping at a large retailer and purchased a 50 pound grill. I requested to use the shopping cart to bring it to my car. Manager denied me because I did not have a drivers license for collateral, I provided other forms of collateral and was denied. I requested employee assistance to my car... View More

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answered on Mar 6, 2024

In Arizona, as in many places, retailers are generally expected to make reasonable accommodations for customers with disabilities, under federal laws such as the Americans with Disabilities Act (ADA). This includes providing assistance with navigating the store, accessing goods, and in some cases,... View More

1 Answer | Asked in Copyright, Business Law, Civil Rights and Intellectual Property for Arizona on
Q: Can we use a persons likeness in a targeted ad for that person exclusively,

that person will be the only one to get the ad

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answered on Mar 5, 2024

Using a person's likeness in advertising, especially in a targeted ad directed exclusively at them, requires careful consideration of privacy and intellectual property laws. The key issue here is consent. If the individual has given explicit permission for their image or likeness to be used in... View More

1 Answer | Asked in Civil Rights for Arizona on
Q: I received a call from an 866 number and they said they have filed a civil suit against my name and social

They said they will be serving with the local law enforcement in my areas is this a scam?

James L. Arrasmith
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answered on Feb 28, 2024

Yes, it's highly likely that this call is a scam. Legitimate legal matters are not typically handled through unsolicited phone calls, especially from unfamiliar numbers. Scammers often use fear tactics and threats to coerce individuals into providing personal information or making payments.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: What is the Best next step to protect myself from my perpetrator, file a police report after i was the one taken in or..

I was a Domestic Violence victim who sustained obvious injuries in addition to internal ones & was the one jailed twice. He forcibly took my phones & broke them so I couldn't call for help & called police on me. While detained he stole much of my property, some very important... View More

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answered on Feb 24, 2024

Given the urgency of your situation, it's important to prioritize your safety and well-being. Despite the challenges you've faced with being portrayed as the aggressor, filing a police report can still be a crucial step in protecting yourself from further harm. Even if the incidents have... View More

1 Answer | Asked in Family Law and Civil Rights for Arizona on
Q: Is it possible to get married to the same person twice? Am I allowed to get two marriage certs to the same person?

The first one is basically an elopement for religious reasons which the other family doesn’t approve of and the second one is the big ceremony and party. We do want the second one to look as much as a wedding as possible

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answered on Feb 23, 2024

Yes, it is possible to have multiple marriage ceremonies with the same person. However, obtaining two marriage certificates for the same marriage is not typically allowed as it could be considered fraudulent or deceptive. Marriage certificates are legal documents that certify the marriage between... View More

1 Answer | Asked in Family Law, Civil Rights and Elder Law for Arizona on
Q: Is there a way to Revoke my sister's power of attorney for medical - negligent in her duties. Do not want guardianship

She has filed an order of protection against me and has stated she is not capable of taking care of my mother because she suffers from many ailments. I paid and spoke with an attorney and he said I did not have a strong case to try and seek guardianship trying to figure out what options I may have... View More

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answered on Feb 1, 2024

Revoking a power of attorney for medical decisions in Arizona typically requires specific actions and may depend on the terms of the original power of attorney document. Here are some steps to consider:

1. Review the Power of Attorney Document: Examine the power of attorney document to...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arizona on
Q: I am a pro se litigant in a case for discrimination offered to ask for a settlement how much should I say% of the total

Terminated from falsified docs and have a right to sue from EEOC

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answered on Jan 30, 2024

When considering a settlement offer for a discrimination case, it's important to assess various factors. The percentage you should propose depends on the specific details of your case, such as the strength of your evidence, the damages you've suffered, and the potential risks and costs of... View More

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