Daniel J Marco's Answers

Photo radar speeding ticket

I recommend, based on the law as I know it as of the date of this writing, that you show up for the scheduled hearing date and show the prosecutor, or whoever, that clearly the person in the photograph operating the vehicle, is not you, the registered owner of the car. They will ask who is the driver and in fact, they may make it seem like you have to tell them, but the burden of proof in any case is on the state, not on the public. So you do not have to give a name. I recommend not having...

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Speeding ticket issued by photo radar

That is fascinating. The idea behind a criminal or civil complaint is simple. A complaint is a written statement of the essential facts that constitute an offense. In a speeding ticket, for example, the allegation should be that a certain named person was driving X MPH in a posted X MPH area. The constutional reason for this is that it gives an accused the opportunity to fashion a defense for trial. I mean, if you do not know what you were allegedly doing wrong, how can you defend...

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Can you help me understand the deficiency law in Arizona and the IRS/tax impact?

Arizona's "anti-deficiency" statutes prevent a lender from suing a person for any losses on a home after foreclosure. There is a catch. A person may not be sued by his or her lender if the property is located on 2.5 acres or less and is used as a single family dwelling or duplex. Vacant land does not meet this definintion. Intent does not count. The law is designed to protect home owners in a down market such as the one we are experiencing. The question about taxes is more complicated....

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Can an employer make a salaried employee work as many hours as he/she wants?

This is a difficult question to answer in this forum because you are really asking whether this person is exempt from the overtime laws, or not. This involves a federal law. This federal law requires that some salaried employees be paid overtime when they work more than 40 hours a week. The federal Fair Labor Standards Act (FLSA) and it divides employees into categories of salaried employees. These are the “salaried exempt,” who are not protected by overtime laws, and the “non-exempt,” who...

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Closed head Brain injury.

Hi: Sorry to hear about the accident. "Closed head injury is a general term that refers to brain injury that occurs inside of the head, not from any kind of penetration. These injuries can vary from mild to severe. They may affect motor functions, thought, memory, speech, behavior, and creative thinking." Not to be trite, or to sound trite, but you have to go to a doctor to get a diagnosis of closed head injury. Barrow Nuerological Instituite at St. Joseph's is a great start. I...

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Stocking laws

Call or visit your nearest Justice Court and ask them about getting an "Order of Protection" against her. This will prohit her from coming to your residence or place of work or contacting you in any way, under penalty of Contempt of Court. The Court and its staff will give you the appropriate form and you can fill it out yourself. She will be served with a copy and a short hearing will be set. She may, or may not show up. It is fairly informal though emotions may run high. Best of luck.

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I am divorced and need to remove my ex-husband from the title of our timeshare.

You can use a quit-claim deed. He is grantor and you are the grantee. He is quit claiming all rights, title and interest that he may have in the property to you. It is not a guarantee of the nature or quality of the his interest in the property. Of course, he has to sign the deed. It may be better to use something called a General Warranty Deed, because that deed not only transfers an interest and guarantees that the title conveyed is good and its transfer rightful and further includes a...

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In Arizona, do foreclosure anti-deficiency laws apply to a raw piece of land zoned for a single family home?

All things being equal, (and this answer is fact specific to your question as phrased and does not replace a face to face meeting with an attorney qualified to answer your question) the answer to your question is "yes they can sue you for the difference." Arizona's "anti-deficiency" statutes prevent a lender from suing a person for any losses on a home after foreclosure. There is a catch. A person may not be sued by his or her lender if the property is located on 2.5 acres or less and is a...

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Process server laws in AZ

Here is the rule right out of the procedure books: This is Civil Rule 4.1(d): (d) Service of Summons Upon Individuals. Service upon an individual from whom a waiver has not been obtained and filed, other than those specified in paragraphs (e), (f) and (g) of this Rule 4.1, shall be effected by delivering a copy of the summons and of the pleading to that individual personally or by leaving copies thereof at that individual's dwelling house or usual place of abode with some person of suitable...

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5th Amendment Rights

Yes, you can take the fifth amendment and refuse to answer a question that tends to incriminate you. Yes, a judge, if the other side files something called a motion to compel, may force you to answer the question. This is fact and circumstance specific but the crux is, no one but a judge can force you to answer a question at a deposition. Now if you fail to answer the question and the judge finds later that you were wrong in doing so, you may be ordered to pay the other sides "costs" in...

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