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John P Torgenson

John Torgenson’s Answers

27 total

  • What kind of lawyer do i need for a victim in a criminal case and law suit on the home owner?

    I would like to sue the suspect and the home owner in a criminal case.

    John’s Answer

    Pamela is correct. Restitution orders are often a component of the criminal case.

    You do need to provide more facts concerning suing the alleged criminal and the homeowner directly. Often times, homeowners' insurance polices have "exclusions" for intentional conduct and criminal acts, so there are a lot of factors that come into play. Post additional information for a more complete answer. Thanks.

    John Torgenson
    Benedetto Torgenson, PLC
    602-759-0013

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  • My boyfriend passed all sobriety tests but blew a 0.082 and has an otherwise clean record? Is there any way to avoid jail time?

    Is there any way his sentence can be dumbed down? He just moved here from Louisiana and doesn't have a job yet.

    John’s Answer

    Hello. I am sorry that your boyfriend is going through that. Jail time is pretty automatic in Maricopa County, BUT, there could be defenses and margin for error concerning the intoxilizer. My partner, Steve Benedetto, focuses on DUI defense and could meet with your boyfriend. I know that you said that he does not have a job, so if he doesn't have the money to hire an attorney such as Steve and our Firm, he may be able to get a public defender.

    Please call if you have any questions. 602-759-0013.
    -John

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  • Can I ask for a continuance at a trial/evidentiary hearing in family court?

    The hearing is on Monday and I found out that my ex has hired a lawyer and submitted a lot of documentation and false accusations. I did not really understand what I needed to do to be prepared for court. I feel like I should get a lawyer but I ...

    John’s Answer

    Get a lawyer here in Arizona and have them file a motion to continue or at least show up to have your back.

    John Torgenson
    Jpt@bentorg.com

    602.759.0013

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  • Is there an Arizona attorney who isn't afraid to sue a major real estate brokerage?

    I am looking for an Arizona attorney who knows how to sue a major real estate firm for negligence. This suit would probably be brought against the owner, broker, and salesperson for major fiduciary negligence. I want someone who specializes in thi...

    John’s Answer

    We would definitely look at the merits of your case to determine if you have a claims under Arizona law. Give us a call to discuss: 602.759.0013.

    John Torgenson

    Benedetto Torgenson, PLC

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  • If I am a pro per and file a motion in AZ, do I sign the certificatoin of mailing myself or does an independent party?

    And do I first have the court stamp the motion, then mail the copy and then file the certification with the court?

    John’s Answer

    You can sign it. It basically means that you are confirming that you mailed it to those parties. If you have any other civil questions, post them and I'll try to help you out.

    John P. Torgenson

    Benedetto Torgenson, PLC

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  • Marijuana was found in a rental vehicle that didn't belong to me

    If marijauna is found in a car that didn't belong to you and marijuana was found in the spare tire during a routine traffic stop will this be a hard case to beat? I was stopped for a minor traffic stop. No tickets were issued but I gave office con...

    John’s Answer

    Wow, what a unlucky situation for you, They can definitely charge you, but if what you say is true, you should fight this hard. I agree with the previous poster, subpoena several rental car records, and fight aggressively to defend this. If you have any additional questions, let me know.

    John Torgenson

    Benedetto Torgenson, PLC

    Arizona Lawyers

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  • My leased house auction on 1/31/11. I have signed lease fr 5/09 yr, mo to mo since. Am I a bonofide lease holder do I get 90 da

    days from 1/31? I'm summoned to court tomorrow. will the court tell me to leave in 5 days? what do I bring with me?

    John’s Answer

    I can generally point people in the right direction, but with your situation, I think you should consult a qualified attorney here in Arizona. If you cannot afford an attorney, contact the Arizona State Bar Volunteer Lawyers Program.

    As far as what to bring with you, bring all of your lease paperwork and anything relevant to the case.

    Sorry I could not be of more assistance, I wish you the best with your situation.

    John Torgenson

    Benedetto Torgenson, PLC

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  • Do you have an attorney who does family law?

    We need help with an order of protection and a case of defamation of character. This is for my learning disabled son. He is being harrassed and they have been spreading bad rumors about him that aren't true but people believe them. Can you help...

    John’s Answer

    I am an attorney here in Arizona, and if you have money to hire a good attorney, I would strongly recommend giving DeShon Pullen at call at her family law firm. She is an excellent family lawyer. Her website is: http://www.deshonpullenlaw.com/. I know she is on Avvo as well.

    As far as the defamation of character claim, remember that you generally have to prove damages as a result of the slander or libel, and that bar is sometimes hard to meet. I wish you the best of luck.

    John Torgenson
    Benedetto Torgenson, PLC

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  • Does a bank or trust company have to notify a homeowner if they decline a loan modification and set a foreclosure sale date.

    We had been to the home retention office of our bank and submited all the required personal and financial information to determine if we were eligible for a loan modification and had been told that if they needed anything they would call and th...

    John’s Answer

    I'm sorry to hear that you, like many, have been affected by the downturn in the economy. This sounds like a poor business practice on behalf of the bank, and if they made you any kind of promise at the home retention office, you may have some sort of breach of contract, breach of the covenant of good faith and fair dealing, or possibly even negligent misrepresentation situation. While I doubt many of those theories would hold up (unless you have some excellent facts of which I am not aware), it definitely makes sense for you to contact the office and continue communication with them.

    Good luck with the process.

    John Torgenson

    Benedetto Torgenson, PLC

    Arizona Lawyers

    ****This communication does not create an attorney/client relationship, solely trying to help you out. Any advice should be confirmed with an attorney you hire and pay****

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  • Can I leave at 17 after I graduate high school?

    I'm 17 years old and I graduate in 2 months. And I'll be 18 in 3 months. But I want to leave right after I graduate. I have a place to go so I'll have a roof over my head and the place is closer to where I'm going to be working. But I know that if...

    John’s Answer

    High school years can be difficult for a relationship between a teenager and their parents. You are almost an adult, parents sometimes feel helpless because they are losing their kid, so I can definitely understand that you and your mother are having issues.

    As someone who survived high school, went through rough patches with parents as I was becoming more independent, only to later realize that my parents always had my best interests at heart and would do anything for me, I'm gonna give you some advice: ride it out. Sit down, talk with your mom, explain to her the frustrations you are having and don't be in a rush to get out. In the absence of physical or mental abuse, you and your mom will never be served by filing a court action. Family is family, don't get the court system involved. You will both lose.

    I'm sure you love your mom. I'm sure she loves you. Sit down and talk, possibly look into community resources like counseling if you think that will help your relationship.

    I truly wish you the best of luck.

    John Torgenson

    Benedetto Torgenson, PLC

    Phoenix, Arizona

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