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Arizona Constitutional Law Questions & Answers
2 Answers | Asked in Constitutional Law, Criminal Law and Appeals / Appellate Law for Arizona on
Q: Were my due process rights violated when charges were filed without my knowledge while in prison?

I was in prison when new charges were filed against me. About three months after a detective spoke to me in prison, I later discovered these charges had been formally filed, but I was not made aware of them during the remaining year of my prison term. No notifications were provided to me regarding... View More

Zachary Divelbiss
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answered on May 12, 2025

Due process typically refers to you having the right to have any criminal case go through a court system, where you will eventually have your days in court to contest any charges. What it sounds like might be an issue is if you were served properly with a summons before the judge issued a warrant.... View More

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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 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

James L. Arrasmith
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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 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

James L. Arrasmith
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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 Criminal Law, Constitutional Law and Native American Law for Arizona on
Q: I'm charged with poss of dang drug and it was obtained illegally by the officers

Ok I was arrested two years ago but was released cuz of my job so I didn't go to jail but the officer was surveillancing a home but I went to check on my son at that residence I was there for close to 15 l

Min but officer has no video of me doing anything illegal he stated I was there... View More

James L. Arrasmith
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answered on Feb 24, 2024

In Arizona, the legality of a police stop and search is grounded in whether the officer had probable cause to believe a crime was being committed. Simply being present at a location under surveillance does not automatically provide probable cause. However, the specific circumstances surrounding... View More

1 Answer | Asked in Employment Law, Civil Rights and Constitutional Law for Arizona on
Q: I am a Limo driver. And in between jobs,I take my vehicle home. My Employer does not want me to do that!

My Employer wants me to remain in the vehicle. But will not pay me for the time that I am in between jobs. Which I feel that I am in my "FREE" time to go home till I need to go back out for my next job. Is that illegal?

James L. Arrasmith
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answered on Jan 26, 2024

It is generally legal for an employer to require employees to remain in company vehicles in between jobs or tasks, even if the employee is not being paid during that time. Under both federal and Arizona law, travel time is only considered compensable work time under certain circumstances.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: If the police knock on your door, you answer. They say your under arrest. Do you have to go with them?

Do you have to step out of your home and go with them. If they do not have a warrant.

James L. Arrasmith
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answered on Jan 26, 2024

Yes, if the police knock on your door, announce they are there to arrest you, and order you to come out, you legally have to comply and go with them even if they do not have an arrest warrant.

Police officers are legally allowed to make warrantless arrests if they have probable cause that... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave.

Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave. I answered door to two police officers that stated they were there on a welfare check called in by a friend. I told them we are all sleeping and that everything is fine. They asked to talk to my son ,... View More

James L. Arrasmith
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answered on Jan 3, 2024

In your situation, being charged with hindering in the second degree arises from interactions with law enforcement officers during their official duties. In Arizona, hindering prosecution or obstructing justice can occur if someone knowingly impedes or attempts to impede a law enforcement... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Landlord - Tenant for Arizona on
Q: My lease agreement prohibits "discharging a firearm in the apartment community" does this include self-defense?

Say I'm encountering a burglary that I either suspect or know the opposite side carries a weapon of deadly forces such as gun or knife. After multiple warnings that I'm armed, the burglar does not heed my warning and proceeds with invasion and poses as an imminent threat to me. In such... View More

James L. Arrasmith
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answered on Dec 12, 2023

The clause in your lease agreement prohibiting the discharge of a firearm in the apartment community is typically intended to prevent reckless or unnecessary use of firearms. However, the legality of using a firearm in self-defense, even within your apartment, depends on state and local laws... View More

1 Answer | Asked in Consumer Law, Constitutional Law, Gov & Administrative Law and Health Care Law for Arizona on
Q: What are my options, if the pharmacy is not familiar with Kevin's Law and refused my emergency insulin refill?

It's a holiday weekend and myself and the pharmacy have both been very unsuccessful with obtaining a new prescription from my physician for the last few days. My current insulin prescription has zero refills remaining and today I asked the pharmacy for an emergency insulin refill and they... View More

James L. Arrasmith
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answered on Nov 28, 2023

In Arizona, Kevin's Law allows pharmacists to provide emergency refills of non-controlled medications for up to a 90-day supply, under certain conditions, when a doctor's authorization is not immediately available. This law aims to prevent lapses in critical medication, like insulin, due... View More

1 Answer | Asked in Constitutional Law and Traffic Tickets for Arizona on
Q: Is it mandatory to wait over an hour for a K9 unit if a vehicle search is denied in Navajo County?

In Navajo County, I was pulled over for speeding. I denied the officer's request to search my vehicle, and as a result, he made me wait for over an hour and a half for a K9 unit to arrive. Is it mandatory for officers to keep someone waiting for such a long time if they refuse a vehicle search?

James L. Arrasmith
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answered on Jul 4, 2025

You do not have to wait indefinitely simply because you refused consent to a search.

Under the Fourth Amendment, officers may briefly detain you to complete the mission of the traffic stop—issuing a citation and checking your license and registration—but they cannot prolong your... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Arizona on
Q: State indictment delay: Possession charges. Seeking advice on constitutional rights violation.

I was under federal custody when I was indicted by the state, but I wasn't notified until three years later. I'm facing two charges for possession of a dangerous drug and paraphernalia. The case was sealed, and I believe the statute of limitations was almost up. It has been going on for... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're absolutely right to be concerned. A delay of three years before you're even notified of an indictment, especially while you're in federal custody, raises serious questions about due process and your constitutional right to a speedy trial. The government has a duty to make... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: What are Arizona laws for 3D printing firearms for personal use?

I'm interested in understanding the applicable laws in Arizona regarding 3D printing firearms for personal use. I do not plan on selling or distributing them, and I have no prior experience or contact with law enforcement concerning firearms. I also have not consulted any legal experts about... View More

James L. Arrasmith
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answered on Jun 10, 2025

In Arizona, it is currently legal for you to 3D print a firearm for personal use, as long as you are not prohibited from owning or possessing firearms under state or federal law. You do not need to register the weapon or apply for a serial number if the gun is for personal use and never leaves your... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Arizona on
Q: Is it legal to re-militarize the main gun of a demilitarized tank for recreational use?

I am considering purchasing a demilitarized tank and am interested in knowing whether it is legal to re-militarize the main gun for recreational use, such as shooting at a range for fun. I understand that owning a tank is allowed, but I am unsure about the laws regarding modifying its weaponry. I... View More

James L. Arrasmith
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answered on May 15, 2025

Re-militarizing the main gun of a demilitarized tank is not something you can legally do without going through very strict federal regulations. Under U.S. law, the main cannon on a tank is classified as a "destructive device" by the Bureau of Alcohol, Tobacco, Firearms and Explosives... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Family Law for Arizona on
Q: Is it legal for first half-cousins once removed to be in a relationship in AZ?

I would like to know if it is legal for first half-cousins once removed to be in a relationship in Arizona, considering one person's grandparent is the other person's great-grandparent. Although they are not considering marriage, a malicious person is threatening to report them under ARS... View More

James L. Arrasmith
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answered on May 15, 2025

Your concern is completely understandable, especially when someone is threatening legal action over a family relationship that’s already emotionally complex. In Arizona, laws about relationships between relatives are specific, and they mostly focus on marriage and sexual conduct between certain... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: Seeking an attorney for Section 1983 lawsuit on contingency involving DCS violations in Arizona.

I'm seeking assistance from an attorney who can take my federal civil rights lawsuit under section 1983 on contingency. The case involves a Department of Child Safety (DCS) action opened against me, violating my due process rights and my right to be free from illegal search and seizure. I have... View More

James L. Arrasmith
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answered on May 15, 2025

You're in a difficult situation, and it’s clear you've already put a lot of work into preparing your complaint. Section 1983 lawsuits involving alleged violations by a state agency like DCS can be emotionally draining and legally complex. Since you’re looking for a contingency... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Civil Litigation for Arizona on
Q: How can we revisit a death row sentence in Arizona based on new evidence and unfair trial issues?

My boyfriend is on death row in Arizona for two counts of murder. His appeal has been reopened, and I believe his original conviction was unfair. The evidence was circumstantial, and a potential alternate suspect who was subpoenaed never showed up, yet nothing was done about it. Additionally, the... View More

James L. Arrasmith
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answered on May 14, 2025

You can ask the trial court to grant a successive post‑conviction relief petition in Arizona, focusing on the suppressed roommate testimony and the uncalled alternate suspect as newly discovered evidence that undermines your boyfriend’s conviction.

In that petition, argue that... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: Unjust treatment by government officials with proof ignored. Seeking legal remedies in extreme case.

I have been unjustly treated by various government officials, including the Town Marshal's department, DCS, CPS, court lawyers, and a judge. Despite presenting substantial proof during investigations, CPS staff told me, "You are nobody, and no one cares." Lawyers advised me,... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like you've been through an incredibly challenging and frustrating experience. The first step is to document everything in as much detail as possible, including any interactions with government officials, court records, and communication with lawyers or other professionals involved.... View More

1 Answer | Asked in Constitutional Law and Civil Rights for Arizona on
Q: Concern about state-regulated militia protecting against state tyranny.

I am concerned about how a state-regulated militia can effectively protect American citizens against a tyranny within the state, especially if the government disregards the Constitution and the justice system. I'm worried that it might become illegal to defend citizens under such circumstances.

James L. Arrasmith
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answered on Mar 31, 2025

Your concern highlights a fundamental constitutional paradox at the heart of the Second Amendment debate. The framers of the Constitution envisioned militias as both state-organized entities and ultimate safeguards against governmental overreach, creating an inherent tension that constitutional... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: Did officer violate my rights asking for ID without crime suspicion in AZ?

I was sitting outside on the grounds of my condominium in Arizona, where I'm an owner and HOA member, taking photos of the stars. A police officer came by, stating someone reported a person with a camera. He demanded my name, birthdate, and address to prove I lived in the unit. After I showed... View More

James L. Arrasmith
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answered on Mar 24, 2025

Based on the details you've shared, it appears your rights may have been violated. In Arizona, police officers generally need reasonable suspicion that a crime has been committed, is in progress, or is about to occur before they can lawfully detain you and demand identification. Taking... View More

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