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Found 129 results

  1. Was pulled over for DUI long story short the officer provided me prescription Xanax from my car. Then took my blood at the station. This doesn't sound like it should have happened. Am I out of line here or was that perfectly legal to do? I did ask for the Xanax, however if intoxicated as was suspected is that not a bad thing to do on the officers behalf? Wouldn't that affect my blood test? I'm very curious about this because it is the one thing that really stood out about the entire encounter. I was also charged with a (slightest degree) dui when the officer claimed I was far over the limit however he did not complete the breathalyzer on scene (he pulled the device from my mouth before I was able to finish the test)
  2. OK, I was charged with a class 1 misdemeanor, camping without a permit. yavapai county az. I pled not guilty for the punishment took me back, 2500 fine, up to 6 months jail and 3 years of probation. I was told i couldn't have a court appointed attorney. So, ive been digging. at the arraignment i wasn't told that i had the right to remain silent,az rules of crim procedure, rule 4.2(3) says the judge should have. I looked up case on line and the verbatim complaint changed to, camping outside of an authorized area, rule 5.4 says the magistrate shall not hold the defendant to answer for a crime different then the original complaint. The place i was given a ticket has a different address then the complaints address. My name is spelled wrong. A clear violation of the 8th amendment,6th amendment right to counsel. ok preliminary hearing is coming up real quick. How do i compile all this into a motion or defense, for which jurisdiction was never stated? Ask for a continuance?
  3. I was looking for a place to rent and came across an apartment in gilbert with an owner that was willing to work with me if i was willing to put work into the apt. Being that alot of places wont rent to me due to my criminal past i was pretty much at my last straw. So i made an agreement with the landlord vervally to work on an apartment in gilbert and that had been completely gutted out and needed alot of work and he would let me rent it at 45o a month and he would deduct all my out of pocket costs and labor from my rent. But first i had to get the place basically liviable with bathroom, facilities water on electricity and stove and refridgerator and from there show him i had 200 dollars cash . So i did and he inturn matched my 200 cash and told me to save all receipts and i could go ahead and move in and continue working on the place to make it a complete home. So i did i moved me and my family and dog in and continued working on the apartment. So for two weeks i put all my money into fixing this place up and paying people to help me had redone the ceilings, the whole bathroom started painting bedrooms , sealing cracks in walls , redoing falling down walls, plumbing, electrical outlets redoing the ceilings putting in ceiling fans and since the house has no ac or heating i put 3 a/c window units, bought refridege and stove , texturing the walls painting and then he came by to see what ive done and he was pleased gave me 250 dollars to help with the remodeling of the kitchen. He at that time met my family, met my dog and everything was fine. he told me that upcoming rent for september was paid with everything ive been doing and not to worry about it. he just told me to keep all receipts and and be ontop of cleaning up after my dog and he didnt want any problems with police incidents on his property or i would have to move. but while i was working on the apt and until completely finished i needed to keep windowns covered... well i was having an issued with a person who was working for me in the apt and so the ppolice ended up coming to the house to talk to me, and they checked my name and i had a warrant for a failure to appear on a traffic ticket. so needless to say i was arrested. but the reason they originally came out for was unfounded and told us to goto civil court. The officer told my family id be oout the next day and that was that. he went inside the house checked it talk to my family and said it was good and i was taken away. i had told the officer i was gonna be kicked out cause he was called. well the next day i was still in custody, my girls went to school and my husband left for work. When my husband got home from work and my daughters to find out that the owner came supposably with the police claiming i had no right to be living there and that the dog was neglected and without proper care or water which was a lie, they broke in since they had no keys they seized my family dog and kitty and posted some torn up paper that they ripped a piece off of another paper in my house and posted it outside my back doorand stated seized property all handrwritten and all of a sudden my girls and my husband were homeless no one knew where the dog was at first and were not allowed to enter. everything i own is in that house. my husband and kids were freaking out but didnt want to be arrested so they left. i got out a few days later being it was a holiday weekend and i dont know what to do. im scared but hes lying and i need my dog and kitty back and alll of our belingings. i put in everypenny i had and now my family is devastated and homeless and no money. what do i do. please someone help me or direct me in the right directions. i have a recording of the landlord talking to my husband telling him he made a mistake and that he jimmied my back door open with a knife when he took crooks but since then nothing from him and he has me blocked ive only tried to call him once.
  4. Almost 4 years to date after walking into this small mma gym I was interested.. the same night they invited me to attend a free class the next day. After that free class one of the owners showed me membership plans. I needed some time to think and the plan options definitely weren't explained clearly and explained much too fast. I had signed a paper before and after the free class, I explained I wasn't able to pay that day and that I wasn't sure on joining. I ended up not going back, no biggie.. until two weeks later while working I start getting harassment phone calls by different owners of the gym asking for something like no less than $900.00. I explained I wasn't interested in joining at that time and the owner continued harassing me day to day. He stated I already made the commitment. I never attended a day of MMA school besides the free class day.. why should I pay those guys $900.00? Just looking at a credit report today and apparently The mma gym is asking for over $1100.00 now. Thinking of the deception and fraudulent charges that occurred it's disgusting. Debt collector tells me to contact the gym.. What is the cheapest most effective way of handling this after 4 years have gone by?
  5. Information: Unwed and no contest over paternity of child. Father accepts his responsibility. Can I file for child support only?
  6. I have been faced with a couple of job offers in the Security Guard industry where the employer requires a signature stating that because you're covered under Workman's Comp, you can NOT sue the employer nor any of their clients for a workplace injury. I have refused those offers, because I wasn't sure if that's legally binding or not in AZ. but have known of catastrophic's 1 thing for W/C to cover me for a minor injury for a short time but what about a major, life altering injury caused by someone's gross negligence? example: an injury where a leg gets amputated, multiple surgeries, etc where a lawsuit might net a multi-million dollar settlement due to someone's negligence. Can an Arizona employer FORCE you to surrender your Right to Sue like this? Or is it a legal "bluff" to discourage those sort of suits but isn't enforceable?
  7. can an employer drop you from full time to part time if you dont open your availibility
  8. This issue encompasses quite a bit of unknowns and twists and turns. I will do my best to describe the matter as I see it now. What it has become now is simply a long list of illegal attempts to get me to move out including: outright telling me I had to go get another source of income other than selling on eBay and was told to accept any job even part time at a circle-K or I was going to be kicked in 30 days, (I laughed and stated that it was illegal to do that), Her and her husband (ex-cop from CA and self appointed legal expert for her and is always pulling some kind of illegal way to trick me into providing them with useful grounds to dissolve the agreement) have even gone to the point of stating that they were going to come over and help do some manicuring and cleaning up of the back yard which has never been landscaped and is nothing more than a dirt area with weeds growing, I trimmed back everything in 2015 and had such a pile of branches and weeds it was far too much for me to remove and I took pictures of it. they also said they wanted to help me clean up my place which had quite a number of bins full of diecast cars about the place since i have been selling an enormous (40K cars collection over the past 7 years and am about 1/4 done), they were going to help me get bins back up into my garage attic. I take many down during winter and go through them and return them before summer. I'm 53 and it's getting harder to do this each year. my sister and her husband are 58. I specified that the back yard was the main issue but they really had no interest in doing anything accept entering and taking pictures of stuff laying around and dishes in the sink, etc.. Basically trying to make a case to try to remove me. After I saw what was going on i asked them to leave the premises, they then sat down and had a little talk with me explaining that they think I need help, as in i had mental issues? I listened to their pitch and when they were done I couldn't even believe what they were imp[lying, I went to the door and told them to Get the F**K OUT NOW! Then they left a bunch of papers that had lists of homeless shelters and how to apply for government benefits! I used the backs of the pages to print my ebay shipping labels. Later that month they left a check at my parents and had them call me to come pick up some paperwork, if i was to accept that check I was agreeing to the sale, my parents lied said that their was paperwork, i did not believe them, I was sent a notice of certified mail which I did not pick up. They have been relentless, tried every trick, I no longer speak with my family because of the lies and deceit. But this is only the tip of the entire plan, that happened about 1 year ago, just before that they went on vacation and my sister who has been trying to find ways to disrupt my life stated that I was to get the bins back into the garage attic before they returned, 2 months, I did start to put them back but quickly realized that I had lost track of many items I had listed for sale and was not going to be able to fill those orders, I started pulling bins back down searching for those items, I had to cancel 4 orders which gave me 4 defects on ebay and ultimately caused my account to become restricted, meaning i could only sell a fraction of what i was able to list prior to those cancellations. that made my selling strategy change dramatically. Going from limits of 75K items and $10K per month I was now at 120 items and $3100 per month, that made selling diecast impossible to produce the $ needed to pay bills. I had to start selling higher priced items since I only had 120 listings, usually only 60% of all listings sell. I started selling Vintage Audio/Video and Stereo equipment, items are much larger and need to be serviced as well before sales. I have to have a stock to work with and that meant they needed to be stored here to do so. Sales were good, i was making my bills, but had a bad month after my sister returned from vacation. i was behind on rent , and she was quick to try to kick me out but i was paid up again within 2 weeks. Now that you can see a few key points I will explain the way this entire sale came to be so you can try to grasp what's really going on, I was living in the same apartment complex for 15 years and was just starting to look into buying a home when My mother and sister (who was not married at that time) came to me and told me that they bought me a condo and I was supposed to come and look at it, nothing was ever discussed with me but i checked it out and it looked suitable, even though i really wanted my own house I figured since my sister went through all this work and it was better to be paying rent to a family member than to a apartment complex and the rent was going to be just slightly higher and I had a 2 car garage. I accepted it and did this huge back breaking 10 day move, nearly killed me and swore I'd never do it again. Once I accepted the deal, my sister showed up with the keys and then stated that she wanted to offer me the place as a rent to own, simply pay the rent and when it's all paid off it's yours, I had no idea that she was going to do this and I accepted. I know she paid well over 2 times the current value for the place since she bought it at the height of the housing boom. Then a few months later it all crashed. I still had no problem paying the agreed upon price since it is my sister and I did agree to the deal I would never stiff her like that, I had my ups and downs with the HOA towing my car illegally from my driveway and some other issues but still hung in there with the condo never thought of moving out even when I saw values go from $230K to $78K. Ok so now you know that there is no lease agreement no contract of any kind drawn, no rules or payment structure which has changed slightly since it started but i Ok'd it. The way the deal went was there was going to be a 30 year lease or till it's paid, with no buy option other than it's to be paid in full after making installments of $625 per month. Sounds simple, I agreed to the terms, she has been providing me with receipts and telling me what the electric bill is each month. That's when we were on good terms and she wasn't married. She gets married, things change, then after I'm here for 8 years the stuff started, Now it's only become more and more of an issue with a constant bombardment of messages bordering on harassment, numbskull schemes, but the worst thing was 1 year ago she tells me that she has found another buyer for the place and wants me out in a month! I tell her that's illegal, I'm not going anywhere. She had no idea what laws govern this kind of deal, She has been learning the rules as I teach them to her, she had no idea that the escrow I paid is supposed to be put away in case the option to buy is not able to be presented to me and that money should be refunded . So that meant she would owe me if she wanted to sell, but I have to agree to it, which I did not, case closed. Wrong more insane hair-brain schemes. they show up last month because ebay changed their rules and I was hit hard with my sales due to policy changes that affected small sellers like me the hardest. I was way short on rent and she tells me in person that she was going to allow the payment to slide and simply deduct it from the lump sum that she has put away. she presented some paperwork to me that her husband had put together, stating that i was eligible for DISABILITY due to a childhood accident that required brain surgery, I was quite confused as to how that had any bearing on anything now, she went on to say I need to apply for this and have my bills covered and ebay could just fill in extra money. I thought that this sounded very unethical and down right illegal since I failed to see my disability. I couldn't imagine what they were thinking and she called asking if i had applied yet, of course not, there are disabled people that need that money, not someone like me who has developed trust issues from being laid off at my last job with no reason, tools were taken from my box before I could pick it up and my own sister and mother were plotting to make me lose my home. So I failed to see what they thought was my disability. i thanked her and they left. the next month My money was held by pay pal for 21 days before being released. I had the money but could not access it all at once, she tells me to pay what I can so i did. That put me 1 month behind. Mind you this is only the 2nd time this happened and I paid in full within 2 weeks. I found out that if i was to accept any disability they might be able to dissolve the contract due to unable to understand the deal. Just another angle like when they tried to convince me I was crazy 1 year earlier She tried to pressure me into buying it a few months ago saying that she was going to sell it again and asked me if i was willing to pay for it or if I was going to move out? I did not answer her, this way I have not agreed to either. This has frustrated her, since i refuse to reply to the constant barrage of messages all aimed at trying to get me say something that they can use against me. now stating that i'm refusing to communicate with her and that's the problem she has now. I told her I answer the messages that need to be answered based on what they are, 6 messages a day is unneeded and has no bearing on our business agreement as it stands. I have all emails sent since 2007 1 per month for 5 years then ramping up to 5 or 6 per day .I can show the harassment and also the paperwork showing the disability forms presented by them to me as just another ploy in their never ending list of borderline criminal activities. what should I do call their bluff since I know this is not legal? Or should I ask for a larger lump sum to move out, something like 2 times the amount just for the problems they have presented and for my inconvenience? I have read that there's a good chance that I could be awarded even more because of the manner they have conducted themselves and the constant harassment, mental stress, I will need help to move and cannot afford to pay movers, She's doing this just to inconvenience me as much as possible, she knows I have more inventory on hand right now than ever before, making it likely that I will never be able to take anything with me, financially ruing me and making me lose all of my possessions. I estimate a possible loss of well over $40K in property since i will not be able to move the items plus if I could i won't be able to store them, it would take a 2 car garage plus stacked full to the top which makes accessing items impossible and also makes selling anything impossible as well. most items will just become damaged and worthless.. So storage is not an option. There's many more things that have happened but I think you get the idea, sorry for the super long post but there's so much that has become an issue at 1 time or another, I also have emails showing her approving of my ebay sales offering to provide boxes just a few years ago but then it all changed after she got married, he's been trying to get me out of this place since he arrived, I'll bet the buyers are his friends.
  9. I need to know if child custody is at all affected by a child support modification.
  10. My daughter had saved up $2,000 to put down on a what would be her first vehicle in 2013. I insisted on her getting her drivers license first, as that is the law in order to operate a vehicle, however, discarding my advice she took it upon herself to go in to a used car dealership with just her cash and her state issued identification card. Almost instantly the car salesman began showing her what they had on the lot. She found one that caught her eye and the salesman starting asking her questions about her credit score and employment. She told the salesman exactly her situation that she currently was unemployed and she has yet to obtain a valid state issued drivers license.He proceeded to ask if she had any identification and she told him she had her I.D. The salesman had told her he could try to get around that she had no license and wrote up a contract that my daughter signed and drove off the lot in her new car. before her signing he mentioned how the vehicle had to be insured and was able to get her insurance coverage so that she could drive it off the lot. Not even 2 months later the car was impounded and my daughter could not get the car out since she had no valid license and it was recovered by the dealership. Now she is haunted by not only the negative repossession that has impacted her credit but also the entire balance of the car. Is it legal to sell a car to a unlicensed driver? How could insurance be issued to an unlicensed driver if when I pay for my car insurance and it specifically states that any drivers are covered as long as they are licensed to drive?
  11. I went in to the dealership to deal with a cosigning with my ex after he said he wouldn't make the payments. Dealership said it would be best to trade in my vehicle and his vehicle and get one out of it. So I did that and the dealership filled on my monthly income, the job I have and what my monthly rent is saying that I make $4000 instead of $2000 and that my rent was only $1.00 when it's clearly not. Never received a copy of my credit application at the time of purchase. When I confronted the dealership about it they told me that they don't do handwritten copies and there is only the electronic version of the credit application. So I couldn't prove that they handwrote in the information and it wasn't my handwriting. I clearly have my pay stubs and rental contract that show all those numbers but is that enough to win a case?
  12. So my relative and her bf and I went in on renting a house together 4 months ago. However, she and her bf are the only lease holders. At the time the only occupant they had listed was our other roommate. Since then I still have not been added as an occupant; I have never given the actual landlord my ID, haven't signed any lease or agreement or contract..nada!. And let's just say things haven't been what I had expected since moving in with them. I've hit my last straw and want to move out. Tonight however she chose to spend the day writing up a legal roommate agreement amongst herself and her bf while I was at work and is trying to force me to sign it. I am refusing as I have ready said I'm moving out. Now she wants to take me to civil court because of it. My question is in this situation am I obligated to sign? Do I have any rights? She is also trying to hit me with a move out fee by the 7th and requesting I also pay rent on the 15th. Do I have to pay? Im a single mom my child has medical issues and I work less than part time. What can I do??
  13. Hi. My mother's boyfriend of 5 years passed away a couple of weeks ago. She had lived with him in his home for a couple of years, helping him pay the mortgage, utilies, etc but her name is not on the home or the mortgage. They hit a bump in their relationship and decided to not live together, but still date. They agreed to keep a lot of her things (a LOT) there at his house because her little condo didn't have the space for it all. Here's the problem: his two daughters are, presumably, the executor(s) of his estate and they never liked my mom - never even gave her a chance. Now, they have said they will work with us and requested we send a list of all of her personal belongings that were in the home when he passed. We sent it via email and are waiting for feedback or any possible objections to any items on the list. I told them to let me know and we will provide details and/or receipts if we have them. It's been 5 days and have not received any feedback yet. I'm getting worried that they're not going to work with us after all and might just be stalling us until it's too late for us to do anything about it legally. In case they won't work with us, I want to be prepared on what our next step is as far as legally getting her things back. There's a lot of items with sentimental value (I.e. a stocking her mother knitted for her when she was a child, family photo albums, etc). Any advice or help would be very much appreciated! Thank you
  14. I am on my 2nd public defender in Yavapai County. Charges are 2 felonies of Agreavated Harrashment. I ask my current Atty: to File a Motion Order To Undesignated Felony To A Misdemeanor. My atty refuses my request. I told her on 4-26-2017 If you don't I Defendant will file with the court on my own behalf. My atty will not fight to have my charges brought down period. We are fighting daily. She says I am not convicted yet so she wont file. We go to trial this summer. I am from CA. This Case is filed in AZ County Of Yavapai My son (the victim) recieved 2 facebook E-mails that read "you a been brainwashed by you mother. Due to a 2005 restraining order. The order said no contact from father till child turns 19. My son was still 18.5 years when this person contacted my son with the order still in effect. I haven't seen my son since he was 3 years of age. The County Atty charges me with 2 felony 6 class with a indictment of also 2 counts of domestic abuse to a child. I was indicted with no exculpitory evidence submitted by my atty. I pled to Motion to reduce my charges. I am going down due to my atty not fighting to reduce my charges with the prosecution. What Do I do. R. Brassner
  15. I called a major retailer (Sears) with an appliance service unit. 13 year old Dishwasher was not under warranty, but door suspension was not working and sealing rubber gasket was flopping out the channel, so I had to wiggle it in each time I washed a load. Did not leak, just wanted these two repairs. Tech came, worked on my appliance, RIPPED out the gasket without any inspection. When he couldn't get a new gasket in, after several minutes, THEN told me I need a new dishwasher. Gasket can't be repaired. Problem is with the tub. ARGGHHH!! Svc Mgr agreed to replace tub, worth $500-600, and waive service charges and all labor. Long story short, dishwasher not repaired, filed small claims $500. They assigned to high powered attorney in state capital. Attorney transferred case to civil court, demands jury trial, and now I have to cite laws and legal theory in Court's required Disclosure Statement. Can anyone direct me to Arizona law relevant that I can cite? I am good and understanding what laws I read, I just don't know how to find relevant info. BTW, I am not an attorney. Thank you in advance.
  16. i was a coach of a school district. on paper i was an assistant. in order to be a head coach you need to have teaching certificate or degree. There was a certified teacher but not till school started. so it was me doing all the coaching duties. 1 year later i was told that the school administration did not know i was certified and i caused problems for them. i was working on campus as a paraprofessional. all my trips, fundraisers, activites off campus were approved.
  17. Hi, I can't seem to find anything in my law library (Google) about this issue. My employer requires that all employees find coverage for their vacation days before he will approve the vacation. What this means is that if you don't find some one to cover even one of your shifts (in say a week or two week long vacation - we earn 10 days of vacation a year) then you don't get vacation approved. What this leads to is people actually offering money to others (for example, "Take my shift and I'll give you $40 extra dollars) to cover shifts. To me this seems like a unethical practice, where by you are essentially punishing an employee for wanting to take their earned vacation (either financially, or through the process of having to inconvenience other employees). What say you? For what it's worth, while I work in Arizona, this is a huge multinational company with branches all over the States and the world - it's parent company is British. The employee manual says nothing about this policy, and having talked with employees from other locations, this sounds like a "Local Policy" only, rather than a corporate one.
  18. We are still going through the divorce and have verbal commitment between the two lawyers and both parents to have the child for 5-2-2-5 schedule. My son's b'day falls on a Saturday which happens to be father's weekend. Father and his lawyer are saying we cannot have mother meet the child as it is fathers weekend. What can be done if I (mother) want to meet the child for few hours on child's b'day?
  19. I have worked part-time as a disabled employee for a major retail store for the past three years without incident. However, this year in January, a new manager began and my schedule has been drastically reduced. Several times I've spoken to him about this. I am now working less than 1/3 of my availability. He has scheduled me several times for days that I'm not available and several weeks (not consecutive) I've not been scheduled at all. As far as I can tell I'm the only disabled person working and I'm the only person who is having this difficulty. Is there any recourse to this or should I be forced to quit a job I love and excel at because he's a jerk?
  20. Is it illegal for a minor in the state of Arizona to post a shirtless picture? Specifically, a teenage girl?
  21. I have been served a civil summons for a student loan in default. I knew this wasn't going away, so i do have some money saved away for this. My question is, who should I contact about settling out of court and starting my payments again? Should I contact the legal firm that served me the papers, or the student loan trust they represent, or can i have someone that does debt consolidation take care of it?
  22. Now me and the father both have 2 previous dcs cases that were closed as of last year . He is the one that ended up with full custody and I got supervised visits well as all this is happening I am finding out that the father has been using and was scared of dcs finding out cause he has been having some domestic issues with is now soon to be ex wife cause I think she called them now the father then sends my baby to Utah with his parents make a long story short he ends up at his parents with his wife there other child and my baby for almost six months well some drama happened in Utah and the wife took off with my daughter and of course her daughter to phoenix where her parents live . anyways the father is back on drugs just got his car he had for not even a month impounded for driving without a license and goes and gets another car from those cheap car sales places . Anyways what I am asking is what do I need to do to turn the tables on the whole custody situation because they have my daughter with a unstable human being and its affecting my daughter really bad ? not to mention that his wife had just served hi with a order of protection just a couple of weeks ago please help me with some kind of guidance in this nightmare ?
  23. My girl lives in A.Z, Has a house there & has state Ins. there and has her Doc. there. But as of right now she is in Cal. and it looks like she is going to be there for some time she is taking care of her father.He is at the end of his life and would like to die there in his home. She has some hart problems she called her Ins. she was told that the only care that they will cover is emergency visit. We thought that if medical Ins. is a Fed. law that she should be cover in any state that she is in. 1 Should she able to be seen by a Doc. in Cal. & the state of AZ. pick up the bill.? 2 She has her resident in AZ. should she be forts to give up residents in AZ. just to get covered by Cal. State Ins.? 3 And if so what happens if her dad passes next week? Then she will be back in AZ. with Cal. Ins. The state of AZ. told her she will not be able to reapply to get State Ins. if she gives it up. 4 So what dose her do? I hope you can give me some answers. All of you have all ways been so help full and at the very lest sent me in the right place. With all of my question. Thank You for taking time out of your day to read this. dogcatone out Have a great day!!
  24. Dear, I am a French student in a Business School, and i am currently interning in a company in Tucson, AZ. For some of my works, I just would like to know what kind of means we have to find whether (any kind: transfer of shares, bad title, real estate ...) a property transfer is illegal or not (in Arizona notably, but not limited to ) Thanks for your answer !
  25. Original mortgage with bank A. Deed of Trust (DOT) never recorded. Bank B acquires A and acknowledges the DOT has been lost or destroyed. HOA records a lien against the property (subsequently paid). Bank B is alerted to the title problem to DOT on the property, due to failure to record. Bank B files suit against property owners and HOA and requests: 1. 1) It’s DOT be equitably subrogated to the recorded first lien position. 2. 2) Grant any and such further relief as the court deems necessary. Where to go from here? Guessing I can pull and file a blank motion. Need a brief consultation. Or, is this suit merely Bank B trying to protect it's interest and I am wondering if I even need to respond.... I do need to respond within a week. Live in North Phoenix, near 101 and 17. Can meet in PM, 5:00 plus. \