Arizona Recent Legal Answers from Lawyers

You are not automatically granted asylum. You and your family may find yourself detained for an extended period of time. You will first need to explain your situation to a CBP officer at the border. If he/she believes you have a fear of returning to your home country, you will be scheduled for a credible fear interview. An asylum officer will conduct the credible fear interview. If you are found to have a credible fear, you will be referred to an immigration judge who will conduct a hearing in your request. This is a complicated process. The fact that you are from Syria in of itself will not be sufficient. You need to establish a well-founded fear of persecution on account of your race, religion, nationality, political opinion or membership in a particular social group. You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read More

You are not automatically granted asylum. You and your family may find yourself detained for an extended period of time. You will first need to explain your situation to a CBP officer at the border. If he/she believes you have a fear of returning to your home country, you will be scheduled for a credible fear interview. An asylum officer will conduct the credible fear interview. If you are found to have a credible fear, you will be referred to an immigration judge who will conduct a hearing in your request. This is a complicated process. The fact that you are from Syria in of itself will not be sufficient. You need to establish a well-founded fear of persecution on account of your race, religion, nationality, political opinion or membership in a particular social group. You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read More

Your husband's unlawful entry after removal is a serious issue. Your husband has likely triggered a permanent bar to admission. There is no waiver available to this bar until your husband has remained outside the United States for ten years (possibly twenty years depending upon his criminal history). The only options that may be available to your husband will be discretionary relief from ICE such as a stay of removal or supervised release. Your husband will need to show substantial equities to have any chance of such relief. You can read more about the permanent bar at http://myattorneyusa.com/permanent-bar-overview.... Read More

Unless you can identify someone that may be at fault for your injury (manufacturer of defective pruning saw, defective goggles, your employer, if you were doing this as part of your job and they failed to give you protective equipment, etc.),  you're almost certainly out of luck. An experienced PI attorney may help you go through the facts to determine whether someone may be liable.  For obvious reasons, you couldn't sue the tree for your injury-- as they say, money doesn't grow on trees. ... Read More

Single-member LLCs are generally ignored for tax purposes--you would report its income on your 1040. Other than taxes, the biggest risk of liability for a brokerage account would be if you are trading on margin. I doubt the brokerage would approve you for margin trading unless the LLC had substantial assets in reserve. If you faced bankruptcy in the future,your interest in the LLC would likely have to go to the trustee for distribution to creditors. If the LLC were sued directly, it's possible they would be able to pierce the corporate veil and make you personally liable.  Most likely you would be better off setting up a trust. Get in touch with an experienced trusts attorney to talk about your options.... Read More

I suspect that buried somewhere in the terms of service they had you click "I Agree" on, there is probably something about automatic renewal at that rate. Ask them for a copy of what you agreed to and read through it carefully. If it's in there, you're almost certainly out of luck. It's devious, but it's legal.  Another problem is that the law may treat the past six months of payment as having been done with your consent--those charges would have appeared on your credit card statement, and it's your responsibility as a consumer to review your bill and challenge anything you don't approve of. If you paid it without complaining, then it will be difficult if not impossible to undo that.  If their terms of service say nothing about the charge, then it's worth consult an attorney directly. ... Read More

I don't think there's anything you could claim for. Licensure is no guarantee of quality artwork. At best, a license gives the consumer some confidence that the artist practices his trade safely.  Unless he misrepresented himself as being licensed and you suffered some injury as a result of that misrepresentation, you might, at best, have a claim for breach of contract. If you approved the design and size before inking, and especially if it matched any thermal transfer he applied to your skin first, you would not have a breach of contract claim. If the quality of this tattoo was about the same as what he showed you in his portfolio,  then you got what you paid for.  A cheaper solution than removal might be to get a licensed professional to fix it up or even mask it with another one right on top. ... Read More

Judges rule on the information that is presented to them.  Starting with accurate income, health insurance costs, daycare, parenting days, and other information requested on the worksheet will help the Judge do this.   If the information on the worksheet  results in a significant and continuing change, the Court has the authority to modify the support. Often, that change is defined by whether it is a 15% or more change.   Since the tax deductions are only changing slightly, I am wondering if the change is less than 15%.  If the income percentages are that close, I often encourage and will ask the Judge to keep it equal for both the tax exemptions and payment of non covered medical costs (out of pocket medical bills) because it is easy for both parents to remember.  It makes the math easier, too.   A change in parenting time is a separate matter.  If you only want to make a slight change to holidays, remember that you and the other parent can always agree to make changes, just confirm it in writing.  You may also want to use Court Mediation through the Conciliation Court Services office in Maricopa to address these smaller items.     ... Read More

You need to consult with a family law attorney who has experience with in loco parentis and third party rights.  At the consult be prepared to discuss the reasons a court order is sought.  You will have the burden of proving that it is "significantly determinental to the child to remain or be placed in the care of" his parent.  The Court will have to consider a number of factors in deciding on this. There is another term called grandparent rights.  This is when a grandparent seeks a formal court order to allow them to have time with the grandchild.  The grandparent does not get custody or primary care of the child using these rights.   I have had experience with both types of matters.  Please contact my office if you would like to schedule a consult.   Marie Splees Zawtocki, Zawtocki Law Offices PLLC  ... Read More

Search the trademark database at uspto.gov to see if it's been claimed by anyone else since then.  Also search ecorp.azcc.gov to see if anyone has claimed it as a business name or trade name (a dba name) in Arizona. If both are clear, there should be no problem for you to register the name and begin using it in commerce. ... Read More

It's very unlikely you would be successful in having the case reopened and obtaining a different result through either (a) ana award of spousal support (alimony) or (b) a different distribution of the community estate. The short length of your marriage would weigh heavily against a Court awarding you any spousal support, even without the significant hurtles you would face in (a) meeting the time requirment for reopening your case, (b) overcoming the presumption that your agreement to the terms of the divorce was voluntarly, and (c) proving that your medical condition interfered with your ability to make a sound decision in settling your case.  ... Read More

Personal Injury cases tend to take a long time and communication is key to a good relationship between the client and the attorney. If you are concerned about the communications with your attorney I would first recommend bringing the concern up to the attorney, then if you are not satisfifed or the issue is not addressed schedule a consult with another attorney to see if they are willing to take your case.... Read More

This sounds like a tragic accident and I am sorry for your loss. The answer to this question is a bit complicated. There are many things to consider when hiring an attorney, such as what exactly gives rise to the claim? Was it something that happened in Arizona on a flight to Utah or was it a flight that originated in Utah with no connection to Arizona? Where do the next of kin reside? The answer to the second question depends on the first in a way. In other words, where the suit is filed may determine who can bring a wrongful death claim. While this may not be a satisfactory answer the reality is that more information will be needed to determine a good course of action. Most if not all wrongful death attorneys should be able to provide a free consultation to review the answers to the above questions. I would begin with an attorney in the same state as the person seeking answers.... Read More

First, you should consider filing a claim with Arizona's Dept of Health Services Putative Father's Registry: http://www.azdhs.gov/documents/licensing/vital-records/correction-paternity-claim.pdf  If Mother places the child for adoption, you should be given notice of the action.  A DNA test can be done at that time to determine if you are the biological father.  Or, you could waive the test and state that, regardless of whether or not you are the biological father you are waiving any and all rights you might have.  A second choice is to file a paternity action after the baby is born and request that a DNA test is done.  A third choice is to talk with mom.  Ask for a DNA test to be done as soon as the child is born.  A DNA test should be done through an authorized laboratory.  They will require identification from mother and father and will take swabs from father and child, and if requested, mother.  The cost can be about $400.  If ARizona's DES will do the test, the cost may be significantly less.  "Home" tests are not accepted by the Court.  NOTE:  if you sign an acknowledgement that you are dad and your name is put on the birth certificate -- you become legal dad and will be financially responsible.  It does not matter if you are not the biological father.  Once you are identified as legal father you can seek to establish legal decision making, parenting time, and support.  The above is a brief summary.  I typically take about an hour to give an overview of the laws regarding what you are asking about.  Call for an appointment if you would like more information.  Marie Zawtocki 480-655-0733  ... Read More

You have several options. In family court, you could seek third party rights.  In juvenile court you could go for guardianship or possibly a severence and adoption. You may have been told about getting a power of attorney from mom and/or dad.  That is not usually the best choice for a longterm situation. Some caregivers do not bother to establish legal rights to care for the child.  But that is taking the risk that a doctor may rightfully request authority of you to make decisions.  A school may deny enrollment or continued enrollment.  It also makes it easier for mom or dad to show up and take the child or give those rights to someone else. The option right for your niece and you will depend on the specific facts of your case and what is best for the child.  Your post does not mention if DCS is involved.  They often are involved when a parent is incarcerated to make sure who is caring for the child.  DCS cannot help with family court and third party rights.  They sometimes help with guardianship, but not always.  They can help with severence and adoption, but may look at other placements for your niece.  I encourage you to consult with an attorney who is familiar with all three processes and family and juvenile court.  My office does have that experience.  Marie Zawtocki  480-655-0733  ... Read More

You have several resources available online.  Try this site to calculatte the child support:  https://www.azcourts.gov/familylaw/Child-Support-Calculator-Information If you want to know the rules used for assigning child support, you can read the Arizzona Child Support Guidelines: https://www.azcourts.gov/familylaw/Child-Support-Guidelines-Review-Archive    ... Read More

You are not required to hire an attorney but in this case it would likely be best. Given your husband entered the United States without inspection, he will not be able to obtain a green card in the United States. He will need to pursue an immigrant visa through consular processing. He  will be subject to a bar for unlawful presence but may qualify for a provisional unlawful presence waiver. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read More

f you have a green card, you will not be deported just because you lost it. You can file for a replacement green card on form I-90 application to replace permanent residence card. On the passport, you can apply for another one at the consulate or embassy of your country in the United States. Insofar as the Social Security card is concerned, you can call, write, or appear at a Social Security office and should be able to obtain a replacement card.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

I presume no one else has an interest in the property. A beneficiary deed will do just that. See http://www.azleg.state.az.us/ars/33/00405.htm  You could also deed the property to you and your son as joint tenants with right of survivorship, or "JTWROS" (meaning the share of whoever dies first passes to the survivor). Either way, the property would avoid probate. But with a beneficiary deed, your son does not obtain the asset until your death.  With a JTWROS, your son would be taking his share of the asset now and also take your  share upon your death. There may be tax consequences to each of these scenarios that you may wish to discuss with your son to avoid inconveniencing him. ... Read More

Sounds very fishy to me.  If the "investigator" is from a law enforcement agency, ask what law enforcement agency he is with, then look them up and call them directly to see if there is an investigation against you.  If you were really subject to arrest and law enforcement knew how to get in touch with you, they'd most likely just come and arrest you.  Let's assume, for the sake of argument, that you did pass a bad check. Passing a bad check may be a class 1 misdemeanor or a class 6 felony. A.R.S. 13-1807.  Generally, the former has a one year statute of limitations and the latter has a seven year statute of limitations. A.R.S. 13-107.  Unless the times were tolled for some reason, you are probably not subject to prosecution for passing a bad check.  If this is a debt collection agency, they are very likely violating the Fair Debt Collection Practices Act by misrepresenting the character of the debt as enforceable or saying that you can be prosecuted (among other violations). See https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text I suspect this is some kind of scam trying to scare you into sending them a check or giving them your credit card number.  Consider reporting the caller and their phone number to the Arizona Attorney General's office and/or the police. ... Read More