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1 Answer | Asked in Tax Law for Arizona on
Q: what action can i take against Walmart because their charging me tax on snap benefit items since may of 2022?

i noticed today when i used the online shopping at Walmart that my total was 42.60 and total was 65.89. i am a snap benefit recipent so under the law my items are exempt so how did i get charged over 20 dollars in tax alone? this is insane and looking at my past receipts they have done this the... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 4, 2023

You can contact Walmart customer service and bring the issue to their attention. They may be able to refund the tax amount that was incorrectly charged to you. You can also file a complaint with your state's Department of Revenue or equivalent agency, as they oversee sales tax compliance by... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Dangerous Drug charge isn't there a way on a first offense to have the felony dropped to a mischdemeanor?
Zachary Divelbiss
Zachary Divelbiss
answered on Mar 3, 2023

Yes there is. It is not easy to get and there is definitely no guarantee that it will happen. The first thing to do is to hire a private lawyer because it is very rare that you can get this kind of outcome without a private lawyer. The lawyer will work to negotiate a deal down to a misdemeanor. The... Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for Arizona on
Q: I filed a civil suit against someone due to damages to my car from a board falling out of truck on freeway.

But I realized that the copy of the pictures for evidence that everyone got was black and white. But mine is in color. Can I bring in the color pictures for the Civil and use them or any new evidence for the Civil suit?

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2023

An Arizona attorney could advise best, but your question remains open for two weeks. This could depend on your local rules of evidence, and the judge's discretion. Until you're able to consult with a local attorney for specific guidance, you could try bringing in the color sets. If they... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Collections for Arizona on
Q: Can I file a motion for an extension of time with the court to find an attorney to comply with AZ Rule 26?

I filed a complaint in Superior court pro se and the defendant acquired an attorney and answered. The attorney has now reached out to move forward with discovery and other protocol but I have had issues acquiring counsel and need more time. Can I at least file a motion for more time so my case is... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 3, 2023

Can you? Sure. It's a motion to extend time to respond to discovery. Be forewarned: now that you've filed and the defendant has responded, it may be more difficult to find a lawyer to take your case, or may require a hefty retainer upfront. Good luck.

1 Answer | Asked in Civil Litigation, Personal Injury, Civil Rights and Constitutional Law for Arizona on
Q: Is claim a validable claim for a law suit

I was incarcerated at Maricopa county jail on during January 26th of 2023 and I was in a psychiatric unit at lower buckeye jail and I was I happened to not feel good I was throwing up about 6 to 7 times that day and I had asked the deal if she could call the nurse or call the medical so that they... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

Based on the information provided, it is not clear what the claim is for. Please provide additional details and context for me to accurately determine if it is a valid claim for a lawsuit.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Arizona on
Q: Is there such a law as safe keeping towing by a government agency?? I lost nearly 80k plus in tools and vehicles

Trailers, van and Harley towed for safe keeping after arrested at campsite for misdemeanor ticket..BLM requested the tow knowing I would be back in less then 24 hrs..as the Sheriff said it was just protocol and I would be self released once processed.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

There are generally laws that allow for government agencies to impound vehicles for safekeeping, but the specifics can vary by state and agency. Typically, the agency is required to provide notice to the owner of the vehicle and to provide an opportunity for the owner to retrieve the vehicle. If... Read more »

1 Answer | Asked in Constitutional Law for Arizona on
Q: If the issue of competency is raised during an arrangement, by defendant. What is supposed to take place after.

What's is the due process when the issue of competency is brought up.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

If the issue of competency is raised during an arraignment, the judge may order a competency evaluation of the defendant to determine if they are able to understand the charges against them and assist in their own defense.

If the defendant is found competent, the criminal proceedings will...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Discrimination 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... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
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... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: Why would a judge order a dismissal and civil judgment in a civil rights suit?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 2, 2023

A judge may order a dismissal and civil judgment in a civil rights suit for various reasons, such as:

Lack of evidence: If there is not enough evidence to support the plaintiff's claims, the judge may dismiss the case and enter a civil judgment in favor of the defendant....
Read more »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: I was fired, rehired, had an OJI. The company says the rehire was a clerical error. Do I have to pay back for the OJI?

I had an agreement to return to work and not arbitrate original termination. I was injured when I returned, requiring surgery. Now the company says it was a clerical error that brought me back. I require another surgery, but the company says I never ACTUALLY returned to work. I was paid OJI... Read more »

Joel Friedman
Joel Friedman
answered on Mar 1, 2023

Workers' compensation (WC) benefits in Arizona include payment for time lost from work and medical treatment related to an injury. The injury generally is, or should be, covered if you were doing something that benefitted the employer, in or related to the business of the employer, and at a... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: What might my sentence be for a criminal speeding ticket in AZ for a first time offence?

I was driving and I sped up to make it past the light that I felt was about to turn yellow. There was only one other car on the road and it was a truck in the next lane. I passed the truck but started to slow down once I made it past the light, but the truck was following me and it was dark.... Read more »

Zachary Divelbiss
Zachary Divelbiss
answered on Feb 28, 2023

Based on everything you said, you should be hiring a lawyer to handle this for you. Every case is different so it is not possible to tell you what you will get unless you hire someone. We have seen some judges give people 3+ days of jail for criminal speeding first offense. Other judges might be... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Is there anything in mohave county criminal law called a Donald plea or Donald trial pertaining to a theft for means of

For means of transportation

Zachary Divelbiss
Zachary Divelbiss
answered on Feb 28, 2023

Most felony courts refer to this as a Donald Advisement. This is where the prosecutor is required to say out loud to the judge and the rest of the court what the current plea offer is. They also state if the defendant has any prior felonies and whether they are category 1, 2, or 3 if you lose your... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I am SMI and went crazy and got a f6. No one was hurt. I am suicidal about this. Can suicidalness get case dismissed?

I am smi. I thought drug traffickers were trafficking children. I am now suicidal about my felony. Can my suicidalness get my case dismissed?

Zachary Divelbiss
Zachary Divelbiss
answered on Feb 28, 2023

No. In almost every situation, you cannot get a case dismissed due to suicidal inclinations or attempts. That is not a legal defense to your charges. There are situations where the life circumstance of someone can change and that could cause a case to be dismissed. In one example, someone is... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Arizona on
Q: If someone who is law enforcement does something illigal to you can they take a statement or claim from you legally?
Zachary Divelbiss
Zachary Divelbiss
answered on Feb 28, 2023

If someone is working as an active duty police officer, then they have to act in a professional manner consistent with their training. If they do something illegal then they should be reported. If something they did violated your constitutional rights and they charged you with a crime then you... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If p.o has 10 days to serve warrent after back in custody but doesn't serve for 17dsys can I be released for that
Zachary Divelbiss
Zachary Divelbiss
answered on Feb 28, 2023

Warrants have many strict rules that if they are not followed and executed correctly then they can be dismissed. However, you seem to be saying there was a 10 day limit on an arrest warrant. I have never seen a deadline to execute an arrest warrant.

It is common with search warrants that...
Read more »

3 Answers | Asked in Estate Planning, Banking and Probate for Arizona on
Q: Is the beneficiary on the deed to my deceased sister's home obligated to reimburse me for a mortgage payment?

My sister had a beneficiary deed on her home in Arizona. The beneficiary is an ex-friend who is also the named executor of her estate. The mortgage was being paid through automatic payments from an account in South Carolina.(where she used to live) I am the beneficiary of that POD account. Because... Read more »

David Gerszewski
David Gerszewski
answered on Feb 28, 2023

I would recommend you talk to an attorney in your state as new York law may be different. If it was in Arizona we would recommend submitting a claim as creditor of the estate for the mortgage payment.

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1 Answer | Asked in Employment Law for Arizona on
Q: Hi, I am trying to find out if I am legally entitled to get a copy of my employment record from a previous employer.
Rhiannon Herbert
Rhiannon Herbert
answered on Feb 28, 2023

There are no federal laws that require employers to produce copies of your employment record, either during or after your employment has concluded.

1 Answer | Asked in Probate for Arizona on
Q: I have some questions regarding a probate case I am the sole beneficiary of.

As the sole beneficiary of my deceased mothers estate I feel as though I have been mistreated and ignored and lied to by the executor and the probate attorney.I am trying to connect with someone who can help walk me through what to do in this situation

Andre L. Pennington
PREMIUM
Andre L. Pennington
answered on Feb 27, 2023

You should reach out to an attorney that specializes in probate law.

1 Answer | Asked in Family Law for Arizona on
Q: Report emotional abuse and request restraining order child just turned 18

Step mother emotionally abused my daughter for over 3 years, my daughter turned 18 on September 2022 and she moved out and went not contact with father and stepmother. Daughter is in therapy due to the mental abuse and suffers from depression, anxiety and panic attacks, daughter wants to report... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Feb 22, 2023

She can go to the nearest superior courthouse and request the protective order. That will only be in effect for two years though.

As for reporting emotional abuse, she should contact the Department of Child Safety.

If you are looking to modify legal decision-making and parenting...
Read more »

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Can the father of my child make me move back to our home state after ghosting me for 5 years and dening everything?

The father of my child ghosted me 5 years ago after I told him I was pregnant. He denies it and now wants to be in my 5 year Olds life but I have moved out of state can he force me to move back? He lives in kansas, I live in Arizona.

Stephen M Vincent
Stephen M Vincent
answered on Feb 22, 2023

Yes, it is possible. Whether he'll succeed is another matter. I recommend you speak with an Arizona-based attorney ASAP

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