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Arizona Gov & Administrative Law Questions & Answers
1 Answer | Asked in Car Accidents, Gov & Administrative Law and Municipal Law for Arizona on
Q: My truck was stolen +reported and perp arrested after crashing my truck. Can they refuse to release my truck for nonpay

My truck was stolen and reported and the guy caught and arrested after crashing my truck.

As I read ARS-28-3512C I'm not responsible for the tow, storage charges, etc. The driver is responsible. Additionally, they can't refuse to release my truck for non payment by the responsible... View More

James L. Arrasmith
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answered on Nov 9, 2023

Based on the Arizona Revised Statutes you referenced, it does appear you are correct that the law states the owner of a stolen vehicle cannot be held responsible for the towing and storage fees associated with recovery of their stolen vehicle.

Here are a few suggestions on how to get law...
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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: IT IS ORDERED that the Defendant shall contact and meet with his attorney in person no later than three weeks from date.

3 days from IPTC still the incarc. defen. Has been unsuccessful reaching his attorney to discuss the case what should the defendant do?

James L. Arrasmith
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answered on Nov 5, 2023

If you, as the defendant, are unable to reach your attorney, you should document all attempts you've made to contact them. It's important to act promptly by notifying the court of your efforts and the lack of response from your attorney. You may do this by filing a motion with the court... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: What should I do if I cant seem to get my attorney to contact me so that I can find out what's going on with my case.

I'm 3 days from my IPTC and despite the judges order that my attorney and I meet no later than 3 weeks after my last court date to discuss the case, I still cannot get my attorney to talk to me.what should I do?

Brad Rideout
Brad Rideout
answered on Nov 1, 2023

Keep on trying to contact your attorney, try by phone and email. To put your mind at ease, your IPTC is an informal non-appearance hearing so no real stress that your attorney not contacting you, for now, for this hearing your attorney not contacting you isn't going to effect the outcome of... View More

1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: What is the Arizona Revised Statue for payment to contractors for services and materials

Paving and concrete contractors for HOA streets.

T. Augustus Claus
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answered on Oct 27, 2023

In Arizona, the laws governing payment to contractors for services and materials, especially for paving and concrete contractors working on HOA streets, primarily fall under the Arizona Revised Statutes (ARS) Title 33, which pertains to property law and homeowners associations. Specifically, ARS... View More

1 Answer | Asked in Constitutional Law, Federal Crimes and Gov & Administrative Law for Arizona on
Q: Can a prison CO or guard call a inmate a snitch?

My wife is in Prison in Arizona under the AZ DOC.,

James L. Arrasmith
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answered on Oct 15, 2023

It is not illegal. We have free speech in this country. That said, while prison guards have certain leeway in how they interact with inmates, they are still bound by professional standards and codes of conduct. Labeling an inmate as a "snitch" can pose serious safety risks for the inmate,... View More

1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: If I'm a felon and my last convincion was in 2017 for aggregated assault can I own a flare gun
T. Augustus Claus
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answered on Sep 18, 2023

In Arizona, felons are generally prohibited from possessing firearms, including flare guns, if their felony conviction has not been set aside or their civil rights restored. This prohibition is based on federal and state laws that restrict firearm ownership for individuals with felony convictions.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law for Arizona on
Q: How can the act of harvesting an animal to feed oneself require a license? I am basically required to have money to eat.

This has been bothering me more lately than usual as I am now homeless and have to feed myself and my dog with no money. I just cannot see how it is a legitimate per view of government to, in essence, require an individual to have the monetary capacity to feed themselves which is a basic human... View More

James L. Arrasmith
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answered on Mar 2, 2023

The requirement for a license to hunt or fish is based on the principle of conservation and management of wildlife resources. Hunting and fishing licenses help fund wildlife management and conservation efforts, such as habitat restoration, research, and education. Without these funds, it would be... View More

1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: Where can I find a sign that clearly prohibits the possession of weapons on our church premises with the ARS numbers
Stephen M Vincent
Stephen M Vincent
answered on Jan 24, 2023

I looked, but I cannot find such a law.

For example, ARS 13-3102 prohibits people from bringing firearms to polling places, schools, and nuclear power plants, but says nothing about churches. See ARS 13-3102(A)(11)-(13).

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 Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: Can I be arrested and charged with a crime without being present or aware of the crime

I was pulled over for speeding and the officer was asking me about my recent arrest and I was unaware of this arrest. He informed me I had been arrested a week prior and charged with fraudulent schemes and taking identity of another. I was not present for this arrest and had no knowledge of this... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on May 7, 2023

One possibility is that the Court may have issued a summons and after you failed to appear at your court date, an arrest warrant issued. It could be that you never were aware of the summons and it was sent to a bad address. You should consult a criminal defense lawyer to go in greater detail and... View More

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Arizona on
Q: Do I have a claim against cps for a caseworker who told my sister that I am under investigation?

Edit- I do not know if I was actually under investigation or not, obviously the matter was dismissed because I never heard anything from cps. The kids don’t live with me, and I don’t use substances. CPS told my sister that my ex made the report and disclosed the names of my kids.

The... View More

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

Yes, if the caseworker lied and told your step sister you are under investigation for substance abuse and you are not in fact under investigation for substance abuse you may have a valid claim for libel against the caseworker individually

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: Do they have 180 days to secure an indictment? Why would they close case open new one same charges different case number

I initially was arrested and released on a charge went through the whole court hearings go to sign my plea and the fill in Procecuter says to continue there's something more. So we continue and my lawyer says oh mix up with codefendants case # so scratch that and will continue for next hearing... View More

Mike Branum
Mike Branum
answered on Oct 11, 2021

Unfortunately this is standard procedure (at least in Mohave County where I practice, must be the same in Maricopa). The prosecutors can avoid having to prove their case before the judge and can just feed a bunch of nonsense to a grand jury and get an indictment. It's lazy and it SHOULD be... View 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...
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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.... View 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... View More

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Arizona on
Q: My husband's public defender for criminal charges filled in for a coworker to defend a co-defendent in my husband's case

She never got approved from my husband to represent his codependent prior or after to 7/13/20.Is this an error by his lawyer that would constitute a dismissal of my husband's case?

Mike Branum
Mike Branum
answered on Jul 20, 2020

If your husband and a co-defendant are both being represented by the public defenders office, THAT is a problem. The PD cannot merely assign two separate attorneys to co-defendants. The court must appoint conflict counsel to one of the defendants from outside the PD's office.

Your...
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1 Answer | Asked in Gov & Administrative Law and Tax Law for Arizona on
Q: Can I bring suit against the IRS for providing my address to the Trump administration?

Hello,

I recently received a letter from the Trump administration informing me that my Economic Impact Payment had arrived.

I was under the impression that it was illegal for the IRS to share my tax information with third parties except under certtain well defined circumstances... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 29, 2020

First, you can sue anyone for anything.

The question is can you survive summary judgement, I have no clue. I'd need way more information to make a determination.

I would only make that determination after you retained me as your attorney.

If you want an answer...
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1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Arizona on
Q: I got a suspension order because I fail my road test? I'm not even a licensed driver?
Gary Kollin
Gary Kollin
answered on Oct 3, 2019

You answered your own question

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Internet Law for Arizona on
Q: Can I be charged at all if someone commits suicide after watching a YouTube video that I posted a comment on?

A few years ago I left a comment in the comment section of a YouTube video. This video wasn't mine, but essentially dismissed the legitimacy of depression and similar mental illnesses. I said some pretty unenlightened things about depressed people in my comment (e.g. that they're... View More

Mike Branum
Mike Branum
answered on Jul 8, 2019

A) The statute of limitations (law setting a deadline by which charges must be filed or a claim made) has likely run on this event. B) Opinion is almost always protected speech unless it is inflammatory, contains untruths, or is damaging to a person's professional reputation. C) It is... View More

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Traffic Tickets for Arizona on
Q: Az new bill driving on suspened revoked does not result in impoundment of vehicle what if your driving with no license

The person was driving w/ no license a vehicle belonging to another person who was not present when pulled over for a wrongful turn.

Mike Branum
Mike Branum
answered on Jun 6, 2019

They eliminated suspended license as justification for impounding a vehicle but a REVOKED license will still get the vehicle impounded. Since no license is equivalent to revoked, law enforcement will likely impound the vehicle. The registered owner can petition for an early release of the vehicle... View More

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Gov & Administrative Law and Public Benefits for Arizona on
Q: Does Az.District Court Judge have a deadline to approve a fee waiver? We cannot "Serve" defendant until it is approved.
Tim Akpinar
Tim Akpinar
answered on Apr 5, 2019

An attorney would likely want to see additional details here, possibly including pleadings, orders, agreements, and other related paperwork.

Tim Akpinar

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