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Michael Thomas Poulton
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Michael Poulton’s Answers

506 total


  • A teacher is fired after illegal drugs are found in her desk drawer which amendment is she looking at 1st, 4th, 5th, 6th, 8th

    which amendment is she looking at 1st, 4th, 5th, 6th, 8th

    Michael’s Answer

    None of the above, unless there are more facts which are important here.

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  • Is pre-paid legal truly affordable attorney representation or a scam?

    At $20/month, can I expect full attention from an attorney without additional costs should I require a lawyer? If not, what exactly do these services typically include in the monthly fee?

    Michael’s Answer

    No, you cannot expect full attention from a lawyer without additional costs. However, you do get some service. I would not say that these are scams, but I would say that they are not as beneficial for most people as the marketing would have you believe. For occasional minor legal issues, it does provide reasonable access to an attorney to answer basic questions and send simple letters. But if you have ongoing legal concerns (as most businesses do, for example), or if you have a significant legal issue (such as litigation) then you will probably not be able to develop the kind of relationship with counsel that you should have, and you will probably end up paying considerably more than just the monthly rate.

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  • How enforceable are ‘non-compete agreements’ in Arizona? How can I get out of one especially with a small ownership in company?

    From my understanding, the Arizona courts will typically rule in favor of the employee if the non-compete is over 1 year but under what grounds can I have it voided? I currently have signed a non-compete for a year and a half, but would like to l...

    Michael’s Answer

    You will need to retain an attorney to advise you on how to proceed, unless you can negotiate a good resolution on your own. The chances that you would be able to ignore the contract and go ahead with your plan without consequences are very low. The action you plan to take is exactly what non-compete and non-solicitation clauses are intended to prevent, and they are generally enforceable to prohibit what you are wanting to do. As an owner of the company, you have additional issues to contend with here and much less likelihood of defeating the non-compete. You will most likely have to negotiate a resolution with the company, not fight your way out.

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  • If multiple people are on civil complaint , do all parties need to respond? if they don't? will it go into default even if

    if multiple people are on civil complaint , do all parties need to respond? if they don't? will it go into default even if one party responds?

    Michael’s Answer

    Each defendant must answer, or risk a default judgment.

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  • Can I legally post a picture from a magazine or Youtube videos on my website without violating any copyright laws?

    I would like to add more pictures, Youtube videos to my blog which I feel will make it more appealing to the reader and avoid any lawsuits against me in the process.

    Michael’s Answer

    You can embed a youtube video on your site with no problems, but you cannot COPY the video and serve that content yourself. You cannot use any photos without permission from the copyright holder, unless your use falls within one of the narrow "fair use" exceptions.

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  • I had my friends gun left at my apartment and my husbands didn't live with me and has a felony

    my husbands stuff was at my house because I was hoping once off probation he can live there well one day my friend went shooting and was going out that night but didn't want to take his gun so I left it at my apartment husband didn't know because ...

    Michael’s Answer

    His criminal defense attorney has a lot to work with on this, and the case should probably be dropped.

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  • Can I get my CCW if I have a medical Marijuana card?

    No felonies, never been arrested

    Michael’s Answer

    You can literally obtain the carry permit, but it may not be a good idea to do so. The federal government considers all marijuana users to be prohibited possessors, whether in compliance with state law or not. Therefore, a medical card is essentially an admission to the federal government that you are a prohibited possessor. A CCW permit is also nearly an admission that you are a gun owner. The combination of the two is potentially problematic. Since Arizona does not require a permit to carry a concealed weapon in almost all circumstances, you may be better off without the permit.

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  • Are condo property managers required to make sure properties are secure when owners are not living in the area?

    The condo above us whose owners live in another state have broken locks on the front door, this is an upscale community. Their son who lived there caused a flood in our unit that resulted in $10,000 damage. Their unit is uninhabitable since the cl...

    Michael’s Answer

    No, generally the association is only responsible for common area maintenance, not anything related to an individual unit. The unit owner is responsible for ensuring it is secure.

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  • Can my employer reduce/take away my full time status if I am available to work most shifts?

    I work in AZ. I have been told I can no longer work FT due to my schedule change. I am not available one day during the week which they agreed to previously. I have worked other hours including weekends for quite a few months now but have been tol...

    Michael’s Answer

    This doesn't have anything to do with Arizona being a "right to work" state, which just means that you can't be compelled to join a union against your will in order to work somewhere. Unless you have an employment contract that says otherwise, your employer is not required to keep scheduling you for the hours you want. It's their business, and they can schedule you however they decide they need you.

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