Category: Laws

Arizona Motor Vehicle Law

Arizona Motor Vehicle Law

How To Get a Refund or Exchange

If you’ve ever bought a car and later discovered it was a “lemon,” you know how frustrating it is to deal with constant repairs and breakdowns. Fortunately, Arizona has a law that protects consumers who buy defective cars. In this article, we’ll tell you everything you need to know about Arizona’s lemon law and how to get a refund or replacement for your defective car.

What Is the Arizona Lemon Law?

The Arizona Lemon law is designed to protect car buyers who purchase a new or used vehicle that turns out to be defective. Under the law, the seller must repair or replace the car if it has a significant defect that reduces its use, safety, or value. If the seller cannot fix the problem after a reasonable number of attempts, the law requires the seller to return or replace the vehicle.

What Is Considered “Lemon” in Arizona?

For a car to be considered a “lemon” in Arizona, it must have a significant defect that reduces its use, safety, or value. The seller’s warranty must cover this defect and occur within the first two years of ownership or before the vehicle reaches 24,000 miles. In addition, the seller must have attempted to repair the defect at least four times, or the car must have been out of service for at least 30 days.

Steps You Can Take if You Have a Lemon Car

  • If you believe you have a “lemon” car, you can take several steps to protect your rights and get the compensation you deserve:
  • Keep a detailed record of all repairs and maintenance performed on your car, including the dates, a description, and the dealer or mechanic who performed the work.
  • Notify the seller. Contact the vehicle’s seller in writing and inform them of the problem with your car. Be sure to include a description of the problem, the date of the first repair attempt, and the number of repair attempts.
  • Give the seller a reasonable opportunity to repair the vehicle. In Arizona, the seller has four attempts or 30 days to fix the problem.
  • Ask to buy back or replace the car. If the seller cannot repair the car, you may be entitled to buy back or return the vehicle. Be sure to keep a detailed record of your communications with the seller and any suggestions made by the seller.
  • Consult an Attorney. If you have difficulty getting the compensation you deserve, it may be time to consult an attorney specializing in lemon law cases.

Arizona Labor Laws

Arizona Labor Laws

Labor Laws have been a hot topic in Arizona for quite some time. These laws give employees the freedom to choose whether or not they want to join a union, and also prohibit employers from requiring workers to become members of a labor organization as a condition of employment.

Some people see these laws as beneficial, arguing that they promote individual rights and allow workers to decide if joining a union is right for them. Others believe that Arizona Labor Laws weaken unions and lead to lower wages and benefits for workers.

In Arizona, these laws were first introduced back in 1947, but it wasn’t until 2012 that they were officially signed into law. Supporters of Right-to-Work laws argue that they make Arizona more attractive to businesses looking to relocate since companies won’t have to deal with potentially expensive union negotiations.

However, opponents of these laws claim that they undermine worker protection and hurt the middle class. Ultimately, whether you support or oppose Labor laws in Arizona depends on your perspective on unions and individual freedoms. But regardless of your opinion, it’s important to stay informed about this issue.

Arizona Minimum Wage

Arizona’s minimum wage is the least amount of money that an employer can legally pay their employees. It is a topic that affects many people, especially those who work in low-paying jobs such as retail or fast food.

The current Arizona minimum wage stands at $12.80 per hour, which is higher than the federal minimum wage of $7.25. This means that employers in Arizona must pay their workers at least $12.80 for every hour worked, regardless of the type of job they do.

For some workers, this increase has been a welcome change. It means they are now earning more money to help support themselves and their families. For others, however, it has been difficult. Some small businesses have had to reduce hours or lay off staff to afford higher wages.

Despite these challenges, there are many benefits to having a higher minimum wage. Workers can earn more money and may be better able to support themselves without relying on government assistance. They may also be more motivated to work harder and stay with their employers longer.

Overall, while the issue of minimum wage can be complex and controversial, everyone needs to understand its impact on our economy and society.

Arizona Hiring Laws

Hiring in Arizona is subject to various laws and regulations that ensure a fair and equitable process for both the employer and the potential employee. These laws exist to protect against discrimination, guarantee minimum wage and overtime pay, safeguard worker safety, and prevent exploitation.

One of the most important aspects of Arizona hiring laws is preventing discrimination based on race, gender, age, religion, disability, or national origin. Employers cannot make decisions about hiring, promotions, or terminations based on any of these factors.
Additionally, employers are required to provide reasonable accommodations to applicants and employees with disabilities.

Arizona also has specific rules regarding wages and hours worked. The state’s minimum wage is currently $12.80 per hour, which is higher than the federal minimum wage. Employees who work more than 40 hours in a week must be paid time-and-a-half for every additional hour worked.

In terms of safety, employers in Arizona are required to follow Occupational Safety and Health Administration (OSHA) guidelines to provide a safe workplace. This includes training employees on how to operate equipment safely and providing proper protective gear when necessary.

Finally, Arizona prohibits employers from exploiting workers by requiring them to work without compensation or withholding their wages.

Arizona Termination Laws

One of the key things to understand is that Arizona is an “at-will” employment state. This means that unless you have a contract or union agreement stating otherwise, your employer can fire you at any time for any reason (or no reason at all), as long as it doesn’t violate anti-discrimination laws.

However, there are still some protections in place. For example, if you are fired for reporting illegal activity by your employer or for participating in a legal strike, that would be considered wrongful termination. You also cannot be fired for exercising your legal rights, such as filing a complaint about workplace safety or requesting reasonable accommodations for a disability.

If you believe that you have been wrongfully terminated, you may have options for recourse. You can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Arizona Civil Rights Division within 180 days of the incident. Alternatively, you may choose to hire an attorney who specializes in employment law to represent you in court.

Losing your job can be tough, but it’s important to know what rights you have under Arizona termination laws. These laws are in place to make sure that employers treat their workers fairly and with respect.

Arizona Court System

Arizona Court System

The court system of Arizona is responsible for carrying out justice within the state and is an important part of the state’s legal process. It includes all types of courts, from small local courts to the Supreme Court of the state. At the highest level, Arizona’s court system is divided into two main types of courts: Superior Courts and Justice of the Peace Courts.

The top-level court in Arizona is the Supreme Court, which hears appeals from lower state courts. Lower courts include trial courts, appellate courts, municipal courts, and justice courts. Each county also has its own Superior Court, which deals with family issues like divorce and child custody, criminal cases, and civil matters involving money or property.

Every court serves a unique purpose, working together to ensure justice is served in the state. All levels of the court system have dedicated professionals who work hard to help people find solutions and get their day in court.

The Arizona court system ensures that everyone has access to justice, no matter where they live or what their financial situation might be. From criminal cases to family disputes, the court system works tirelessly to make sure that fair and just outcomes are reached. Whether you’re facing a civil case or criminal charges, the Arizona court system is here for you.

Getting to Know the Arizona Court System

The foundation of the Arizona court system lies in its two main types of courts: trial and appellate. Trial courts are where legal matters such as criminal cases or civil disputes are heard. Here, a judge hears arguments from both sides before making a decision. Appellate courts review decisions made in trial courts to make sure they followed the law correctly.

In addition to these two types of courts, many other specialty courts focus on certain topics like family law or drug offenses. These courts provide an important service by helping individuals address their issues efficiently and fairly.

Knowing how the court system works is key to getting your needs met. Or if you’re facing criminal charges, understanding what kind of court proceedings may take place could give you valuable insight into the process.

Getting to know the Arizona court system can seem daunting at first, but with some research and a few resources you can become familiar with it quickly. So get started today—a better understanding of the court system is just around the corner!

Navigating the Court System

The Arizona court system is made up of several different courts that handle a variety of cases. It starts with the Justice Courts, which handle minor civil and criminal cases like traffic violations or misdemeanors. Then there are the Superior Courts, which oversee more serious criminal and civil issues like divorce, adoption, contract disputes, and felonies. If either party isn’t satisfied with the ruling in a Superior Court case, they can appeal to the Court of Appeals. And finally, the Supreme Court hears appeals from the other courts when one side believes the decision was unfair. With these different levels, everyone gets a chance to have their case heard fairly and get justice.

Cases start at either a Superior Court or Justice of the Peace Court, depending on the type of case. For example, if you’re involved in a dispute over a contract, your case will likely begin in a Superior Court. If you were given a speeding ticket, then your case would start in a Justice of the Peace Court. Cases may move between different levels of the court system as needed throughout the process.

Once you appear in court for a hearing or trial, both sides will present evidence and arguments before a judge who will make the final decision. In some cases, such as misdemeanor crimes or small claims cases, you may be able to represent yourself without the assistance of an attorney. However, other types of cases, like felonies and civil suits, require legal representation by an attorney.

The Arizona court system allows everyone access to justice and fair treatment under the law. Understanding how it works can help ensure that your rights are protected every step of the way.

Empowering Yourself with Knowledge of the Arizona Court System

Empowering yourself with knowledge of the Arizona court system is an important step towards understanding your rights and taking control of your legal situation. Taking time to learn about the courts in Arizona can help you make smart decisions that could impact your future.

Knowing what type of case goes to which court is essential for making sure your case is heard in the right place. You should also have a good understanding of what types of resources are available to you when navigating the court system. Many people find it helpful to hire a lawyer who understands the ins and outs of the law and can provide sound advice. Additionally, many websites and programs offer free legal information and assistance to those who need it. With an understanding of how the courts work and access to reliable resources, you’ll be more prepared to handle any legal issue that comes your way.

Child Labor Laws Arizona

Child Labor Laws Arizona

What Is Child Labor?

Child labor is any kind of work done by children that deprives them of their childhood, interferes with their education, or is dangerous to their health and safety. Child labor laws in Arizona are important as they provide protection to these vulnerable children and ensure that their basic rights are respected. They regulate areas like wages, hours, and working conditions for workers under 18 years old. On a Federal level, child labor is regulated under the Fair Labor Standards Act (FLSA).

Child labor can exist in both formal and informal sectors, such as domestic work, agriculture, and manufacturing. It has been estimated that 168 million children worldwide are involved in child labor – a number that continues to rise.

Child labor is illegal in most countries and the United Nations Convention on the Rights of the Child (CRC) stipulates that all children have a right to an education and should not be subjected to exploitation or hazardous work. Socioeconomic disparities and lack of access to education are among others contributing to child labor. Religious and cultural beliefs can be misguiding and concealing in delineating the limits of child labor. Despite this, millions of children are still working illegally in various industries around the world.

Child Labor and Work Permit Laws

Child Labor Laws in Arizona are in place to protect children from exploitation and hazardous working conditions. Children under 18 are not allowed to work more than 8 hours a day or 40 hours a week, must be given regular breaks, and cannot work between the hours of 10 p.m. and 6 a.m. unless they are employed by their parents in non-hazardous occupations. Additionally, children under 15 cannot be employed for more than 30 minutes at a time during school hours and must obtain a work permit before beginning any job. Children 13 years old or younger may not work in Arizona, except in some limited situations.

Child labor laws also prohibit minors from engaging in hazardous activities such as operating power-driven machinery, working with explosives or toxic materials, climbing ladders, driving motor vehicles, and other activities dangerous to their health and safety.

Employers are responsible for ensuring that they comply with state and federal labor laws. Employers need to be aware of the child labor laws in Arizona, as failure to comply can result in hefty fines and criminal penalties. These laws exist to ensure that children are not exploited or put into dangerous situations, so employers need to adhere strictly to them.

Parents should also be aware of the child labor laws in Arizona, as they are responsible for ensuring their children are not working illegally or in a dangerous environment. It is important to understand the regulations and make sure they are being followed.

The Department of Labor has resources available to help employers and parents stay informed on child labor laws, so it is worth taking the time to familiarize yourself with them. Overall, child labor laws are in place to protect children from exploitation and hazardous working conditions. Employers must adhere strictly to these laws or face the consequences, while parents should also make sure their children are aware of the regulations so they can work safely and legally.

Penalties for Violating Arizona Child Labor Laws

In Arizona penalties for violating child labor laws vary depending on the nature of the offense. Employers can face fines of up to $10,000 for each violation and may be subject to criminal penalties if the violations are found to be willful or intentional.

Additionally, employers may be barred from hiring minors in any capacity or have their business license revoked. These laws exist to ensure that children are not exploited or put into dangerous situations, so employers should take the time to understand the regulations and make sure they are being followed.

By understanding child labor laws in Arizona and adhering strictly to them, employers, parents, and young people can help ensure children are not put into dangerous or exploitative situations. This is essential for protecting the rights of children and promoting a safe working environment for all.

The Bottom-line

Children fall easy victims to unfair job conditions, and they do not have the power to stand up against mistreatment. The maleficence of this act has long-term physical, psychological, behavioral, and societal consequences. By taking the time to understand and follow these laws, we can all play a role in ensuring that children are not put into dangerous or exploitative situations.

It is our responsibility to protect the rights of children, so everyone needs to be aware of Child Labor Laws in Arizona. By adhering to these regulations, employers can ensure their business is in compliance and parents can ensure their children are safe. In the end, it is our collective responsibility to look after each other, and that includes protecting children from exploitation and harm.

Arizona Death Penalty

Arizona Death Penalty

Arizona’s Death Penalty is the state’s policy of imposing a sentence of death on people convicted of certain serious crimes, such as first-degree murder. Arizona is one of the few states that continues to practice capital punishment in the United States. The Arizona Supreme Court has upheld the death penalty since it was reinstated in 1992, and Arizona has executed six individuals since then.

The Arizona Department of Corrections administers the death penalty in Arizona through lethal injection. According to Arizona law, those sentenced to death for their crimes must appeal their cases within 30 days and exhaust all legal appeals before an execution can be carried out. Executed individuals are typically buried in Arizona State Prison Complex Florence, where executions are conducted by lethal injection.

Understanding the Death Penalty

Understanding the death penalty in Arizona requires knowledge of Arizona’s capital punishment laws. Arizona currently permits the death penalty in cases where a person is convicted of either first-degree murder or certain other felonies involving violence, including armed robbery and kidnapping. It is also an aggravating circumstance that can result in the imposition of a harsher sentence if someone is found guilty but not sentenced to death.

Arizona has had some of the harshest death penalty laws in the country since its introduction in 1923. In Arizona, judges have discretion when considering whether to impose the death penalty after conviction for one of these offenses; however, prosecutors may charge individuals with capital crimes as well as other offenses, which gives them considerable power over potential sentences. Arizona does not allow for jury sentencing on capital cases, meaning the fate of a convicted individual lies in the hands of the judge.

Arizona has seen many high-profile death penalty cases over the years and has had several exonerations. Arizona is also known for its harsh treatment of inmates on death row and has been criticized for its lack of oversight regarding capital punishment.

In addition, Arizona courts have recently questioned the constitutionality of sentencing juveniles to death, with one court ruling that executing minors violates Arizona’s constitutional prohibition on cruel or unusual punishment. Arizona remains one of the few states that still permits capital punishment, despite growing public opposition to it throughout much of the United States.

Method of Execution

The method of execution currently used in Arizona is lethal injection, although electrocution and gas chambers are also available as options. In Arizona, convicts sentenced to death have the right to choose which method of execution they prefer.

Death Penalty Alternatives for Arizona

(DPA) was created to inform Arizona residents and officials about the death penalty as it is applied in Arizona and alternatives to this practice. Arizona’s capital punishment system has been consistently challenged by state and federal courts over the years, particularly due to its disproportionate application on ethnic minorities living within Arizona’s borders.


DPA offers several resources for Arizona residents looking to stay informed about their state’s death penalty policies and practices. DPA includes a comprehensive list of cases involving Arizona defendants who were sentenced or executed under capital punishment, as well as an up-to-date list of Arizona inmates currently on Death Row. They also provide information regarding Arizona’s death penalty process, including legal requirements and procedures surrounding appeals and clemency hearings.

Finally, DPA provides resources for those looking for alternatives to Arizona’s death penalty system. Resources include a list of Arizona murder victims’ families who oppose the use of capital punishment in their cases and a listing of Arizona legislators who have spoken out against Arizona’s death penalty system in recent years.

By providing a wealth of information about Arizona’s death penalty policies and practices, DPA looks to empower citizens with knowledge so that they may form educated opinions about Arizona’s controversial capital punishment system. Through its website and other outreach efforts, DPA seeks to give Arizona residents the tools they need to make informed decisions and take action when it comes to Arizona’s death penalty.


The Arizona Death Penalty is an ongoing discussion that presents difficult moral questions for many people, but understanding Arizona’s laws and regulations is important if you or someone you know may face criminal charges or penalties related to this law.

In recent years, several calls have been made to end Arizona’s death penalty due to the high cost of long-term incarceration, as well as issues with racial disparity in sentencing. Arizona also has one of the highest rates of wrongful convictions and executions in the United States. Despite this, Arizona remains committed to capital punishment, though it is increasingly becoming a less popular form of punishment.

We must continue conversations about capital punishment in Arizona and across the nation so that its use can be fully understood and weighed against other more humane forms of justice.

f you have any questions or need more information regarding Arizona’s Death Penalty laws, please consult with an experienced Arizona criminal defense attorney.

Sexual Harassment in Schools

Sexual Harassment in Schools

Sexual harassment is any type of sexual contact between an adult and a child or between two children who are both under the age of 18. It includes activities such as fondling, oral sex, anal sex, and penetration. Sexual Harassment can also involve forcing a child to engage in sexual activity with another person.

While sexual harassment can happen to any child, some risk factors may make a child more vulnerable. These include having a disability, being from a low socio-economic background, being exposed to violence at home, or being involved in a dysfunctional family.

Preventing Sexual Harassment in Arizona Schools

As a parent or guardian, it is your responsibility to protect your children from sexual harassment. Unfortunately, sexual harassment is a reality in our society, and it can happen anywhere – even in schools.

Preventing sexual harassment in schools starts with educating both children and adults about the issue. Children need to be taught about their bodies and what is appropriate and inappropriate touching. They also need to know that they can come to you with anything that is happening in their life, no matter how difficult it is to talk about.

Adults also need to be educated about sexual abuse and its signs. They need to be aware of the risk factors that make children more vulnerable so that they can be on the lookout for signs of harassment. And they need to know what to do if they suspect that a child is being abused.

Signs Sexual Harassment

There are some signs that a child may be experiencing sexual harassment. These include changes in behavior, such as becoming withdrawn or aggressive; changes in eating habits; changes in sleeping patterns; and suddenly having unexplained injuries. If you notice any of these signs in your child, it is important to talk to them about what is going on and to get help from a professional if necessary.

If you suspect that your child is being sexual harassment, the first step is to talk to them about it. It is important to let them know that they can come to you with anything that is happening in their life, no matter how difficult it is to talk about. If they do disclose that they are being abused, believe them and support them.

You should then contact the police or child protective services to make a report. It is also important to get your child professional help, such as counseling, to deal with the trauma of the harassment.

Arizona Sexual Violence Prevention and Education Program

Arizona Sexual Violence Prevention and Education Program (SVPEP) is a statewide effort to prevent sexual violence and educate all Arizonans about its causes, effects, and solutions. The program offers training and technical assistance to schools, communities, and professionals; provides public education through workshops, conferences, and the media; and funds research on promising prevention strategies.

If you would like more information about Preventing Sexual Abuse in Arizona Schools or the Sexual Violence Prevention and Education Program, please contact the Arizona Coalition to End Sexual & Domestic Violence at (602) 279-2900 or visit their website.

Arizona Sexual Harassment Laws

The Arizona Legislature has enacted several laws designed to protect children from sexual harassment. These laws make it a crime to engage in sexual conduct with a minor, define certain sex offenses as crimes against children, and require certain professionals who work with children to report any suspected harassment.

If you suspect that a child is being sexual harassment, you should contact the police or child protective services immediately. By working together, we can help to prevent sexual harassment in Arizona schools and create a safer environment for all children.

Felony Disenfranchisement in Arizona

Felony Disenfranchisement in Arizona

Voting is a fundamental right of citizenship in the United States. However, this right is not absolute – several restrictions can prevent people from being able to vote. One of these restrictions is felony disenfranchisement, which bars people with felony convictions from voting.

In the United States, felony disenfranchisement is the legal process by which people who have been convicted of a felony are barred from voting. In Arizona, people with felonies on their record are not automatically allowed to vote once they have completed their sentence. Instead, they must go through a process of applying to have their voting rights restored.

Arizona Rights Restoration Program

The process of restoring your voting rights in Arizona can be complicated and vary depending on your situation. You may need to go through several court proceedings and get approval from the Governor’s office.

If you have been convicted of a felony in Arizona, you automatically lose your right to vote. To restore your voting rights, you must first complete your sentence, including any probation or parole. Once you have done so, you can begin the process of petitioning the court for restoration of your voting rights.

The process begins with filing a Petition for Restoration of Civil Rights with the Superior Court in the county where you reside. The court will then hold a hearing on the matter, at which time you will need to show that you have been rehabilitated and are now a law-abiding citizen.

If the court grants your petition, your civil rights will be restored and you will once again be able to vote in Arizona. However, your voting rights can only be restored by the Governor’s office if you have been convicted of certain felonies, such as murder or rape.

It is important to note that even if your voting rights are restored, you may still be ineligible to vote in some federal elections unless you also have your federal rights restored. If you have any questions about your eligibility to vote, you should contact your local election officials.

Who Is Not Eligible for Enfranchisement in Arizona?

There are a few exceptions to this process. People who have been convicted of treason or a felony involving “moral turpitude” are not eligible to have their voting rights restored. In addition, people who are “habitual criminals” by the courts are also not eligible for restoration.

Impact of Voting Restrictions

The impact of felony disenfranchisement can be significant. In Arizona, there are approximately 31,000 people with felonies on their record who are not currently allowed to vote. This means that these individuals are effectively barred from participating in the democratic process and having a say in how their state is run.

Voting restrictions like felony disenfranchisement disproportionately impact people of color and other marginalized groups. In Arizona, for example, 31% of African American adults are ineligible to vote due to a felony conviction, compared to just 5% of white adults. This disparity is even more pronounced when considering specific offenses: nearly half of all African Americans with a drug-related offense on their record are barred from voting, compared to just 16% of whites with a similar offense. This can lead to further disparities in the political process and make it more difficult for these groups to have their voices heard.

The Bottom Line

If you have been impacted by a voting restriction, it is important to understand your rights and options so that you can participate in the democratic process.

If you have been convicted of a felony in Arizona and would like to have your voting rights restored, you can find more information on the Arizona Board of Executive Clemency website.

Marijuana Legalization & Expungement

Marijuana Legalization & Expungement

It’s been a long time coming, but marijuana legalization and expungement will finally be a reality in Arizona in 2022. This is huge news for the state, as it will not only provide much-needed relief for those with past marijuana-related offenses but also generate new revenue through taxation of legal sales.

There are still some details to be worked out, such as how exactly the expungement process will work and what tax rate will be applied to legal sales, but overall this is excellent news for Arizona residents. If you or someone you know has been affected by marijuana-related offenses in the past, keep an eye on developments over the next year or so to see how you can take advantage of this historic change.

Marijuana Drug Charge Expungements and Set-Asides

The following is a list of marijuana drug charges that will be eligible for expungement in Arizona

-Possession of Marijuana (less than 2.5 ounces)

-Possession of Marijuana Concentrate (less than 1 gram)

-Possession of Marijuana Drug Paraphernalia

-Use or Possession of Marijuana on School Grounds (if the person was 21 years old or older at the time of the offense)

-Cultivation of Marijuana (up to 12 plants)

-Transportation or Sale of Marijuana (less than 2.5 ounces)

If you have been convicted of any of the above charges, you will be eligible to have your record expunged starting in 2022. This means that the charge will be removed from your criminal record and you will not have to disclose it to potential employers or landlords.

In Arizona, where recreational marijuana became legal, expungement is possible but not automatic. For example, in Texas, even first-time offenders with nonviolent Marijuana possession charges can have their records automatically cleared. Arizona does not have such an automatic system, so people will need to go through the process of petitioning the court for expungement.

To have your record expunged, you will need to file a petition with the court and provide proof that you have completed any sentence or probation requirements associated with the conviction. Once the petition is granted, the charge will be removed from your record.

If you are currently serving a sentence for a marijuana-related offense, you may be eligible for early release under the new law. If you are on probation for a marijuana-related offense, your probation may be terminated early. Speak to your lawyer about whether you are eligible for early release or termination of probation.

Changing Arizona’s Criminal Justice System With Marijuana Laws?

Legal recreational and medical marijuana laws have had a significant impact on the criminal justice system in Arizona. The passage of these laws is a major step forward in changing Arizona’s criminal justice system. For too long, people have been incarcerated for nonviolent offenses, such as possession of small amounts of marijuana. This has led to overcrowding in our jails and prisons and has disproportionately impacted people of color. Proposition 207 includes a new statute (A.R.S. § 36-2862) that authorizes some people to petition a court for an order that will seal their marijuana-related criminal records. Prop 207 passed during the November 3 General Election with about 60% of voters in support.

By legalizing and expunging past marijuana offenses, we are taking a major step towards reducing mass incarceration in Arizona. We are also sending a message that we no longer want to punish people for possession of a substance that is now legal. This is an important step in creating a fairer and more just criminal justice system.

What’s The Difference Between Prop 207 Expungement and Setting Aside Convictions?

The legalization of marijuana under Proposition 207 will allow people with certain past marijuana-related offenses to have their records expunged. This means that the charge will be removed from your criminal record and you will not have to disclose it to potential employers or landlords.

In contrast, a conviction set aside does not remove the conviction from your record. However, it does allow you to legally say that you have not been convicted of a crime if you are asked about your criminal history on an employment or housing application.

If you are eligible for both an expungement and a set aside, you can choose which one you would like to pursue. Speak to your lawyer about which option is best for you.

How Can I Get My Record Expunged?

If you have been convicted of a marijuana-related offense, you will be eligible to have your record expunged starting in 2022. This means that the charge will be removed from your criminal record and you will not have to disclose it to potential employers or landlords.

To have your record expunged, you will need to file a petition with the court and provide proof that you have completed any sentence or probation requirements associated with the conviction. Once the petition is granted, the charge will be removed from your record.

If you are currently serving a sentence for a marijuana-related offense, you may be eligible for early release under the new law. If you are on probation for a marijuana-related offense, your probation may be terminated early. Speak to your lawyer about whether you are eligible for early release or termination of probation.

What Happens if I Don’t Get My Record Expunged or Set Aside?

If you do not have your record expunged or set aside, it will remain on your criminal record and will be visible to potential employers and landlords. This can make it difficult to find a job or housing.

What Does This Mean for the Future of Marijuana in Arizona?

The legalization of marijuana will open up a new industry in Arizona. This will create jobs and generate new tax revenue for the state. It will also provide relief for those who have been impacted by past marijuana-related offenses.

We can expect to see a lot of changes in the next few years as the legal marijuana industry gets up and running. There will be new businesses, new products, and new jobs. This is an exciting time for Arizona, and we can’t wait to see what the future holds!

What Laws Are Changing in Arizona in 2022?

What Laws Are Changing in Arizona in 2022?

Are you wondering what laws are changing in Arizona in 2022? Here is a list of some of the key changes:

  • The legal age to purchase tobacco products will increase from 18 to 21.
  • The minimum wage will increase from $11 per hour to $12 per hour.
  • A new law will require employers to provide paid sick leave to employees.
  • The state sales tax will increase from 5.6% to 6.6%.
  • A new law will allow people to use medical marijuana for treating anxiety and post-traumatic stress disorder (PTSD).
  • The possession limit for recreational marijuana will increase from one ounce to two ounces.
  • A new law will allow people to recall elected officials if they gather enough signatures.
  • A new law will create a task force to study the impact of dark money in elections.
  • The voter registration deadline will be moved from 29 days before an election to 7 days.
  • A new law will allow people to register to vote on election day.
  • Early voting will be expanded from two weeks before an election to three weeks.
  • Mail-in ballots will be sent to all voters for the 2022 primary and general elections.
  • A new law will require presidential and vice presidential candidates to disclose their tax returns to appear on the Arizona ballot.

For more information on these and other changes, visit the Arizona Legislature website or contact your local county or city clerk.

Minimum Wage Increase

As of January 1, 2022, the minimum wage in Arizona will be raised to $12 per hour. This is an increase of $0.50 from the current rate of $11.50 per hour. The minimum wage will then be adjusted annually based on the cost of living.

Leave Laws

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid leave for qualified medical and family reasons. Under the new law, employees in Arizona will be entitled to take up to 24 weeks of unpaid leave for a qualifying event.

Paid Sick Leave

Arizona employers are required to provide paid sick leave to employees as of January 1, 2022. Employees can accrue up to 5 days of paid sick leave per year and can carry over up to 40 hours of unused sick leave from one year to the next.

Pregnancy and Lactation Accommodations

Employers in Arizona are required to provide reasonable accommodations to employees for pregnancy, childbirth, and lactation. These accommodations may include more frequent or longer breaks, private space for nursing mothers, and modified work schedules.

Equal Pay Laws

Arizona’s equal pay laws will be strengthened as of January 1, 2022. Employers will be prohibited from paying employees of different sex less than what they would pay an employee of the opposite sex for doing equal work unless the pay difference is based on a bona fide factor other than sex. For more information, contact an experienced employment law attorney in your area.

Income Tax Changes

The biggest change that will affect Arizonans in 2022 is the state’s new income tax law. The new law, which takes effect on January 1, 2022, will raise the state’s personal income tax rate from 4.54 percent to 5.45 percent. The new rate will apply to all taxable income over $25,000 for single filers and over $50,000 for joint filers. The new law also creates a 3 percent surcharge on taxable incomes over $250,000 for single filers and over $500,000 for joint filers.

The changes to Arizona’s income tax laws are expected to generate an additional $1 billion in revenue for the state each year. The additional revenue will be used to fund education and infrastructure projects.

Arizona Considering New Uses for Medical Marijuana

The state of Arizona is considering expanding the list of conditions that can be treated with medical marijuana. If approved, this would mean that more people in Arizona would have legal access to marijuana for medicinal purposes. The proposed expansion includes adding conditions such as PTSD, chronic pain, and migraines to the list of qualifying conditions. This could potentially help many people in Arizona who suffer from these conditions find relief.

Currently, Arizona has some of the most restrictive laws when it comes to medical marijuana. Only patients with certain qualifying conditions are allowed to legally use it. However, if the proposed expansion is approved, it would make Arizona’s laws much more lenient. This would be a major change for the state, and it could have a positive impact on the lives of many people.

The proposed expansion of medical marijuana in Arizona is still under consideration, and it remains to be seen if it will be approved. However, if it is approved, it would be a major change for the state that could help many people find relief from their conditions.

These are just a few of the laws that will be changing in Arizona in 2022.

Arizona Introduces a 15 weeks Abortion Ban Law

Arizona Introduces a 15 weeks Abortion Ban Law

Arizona’s Governor, Doug Ducey, has approved a bill that will prevent abortion providers from carrying the procedure if the pregnancy is over 15 weeks. The 15-week abortion ban is the most recent law that limits abortion rights in Arizona. In spite of the opposition by Democrats, the Republican lawmakers were able to see it through the house in March.

Existing laws on the termination of pregnancy had before permitted the procedure until viability, applying to pregnancies under 22 weeks. The new bill turned law upsets this and will outlaw the termination of pregnancies above 15 weeks. 

Governor Ducey is known to sign all anti-abortion bills during his tenure into law. The Governor mentioned in a letter about the signing of the SB 1164 bill that there is “immeasurable value in every life – including preborn life”. Hence, the new legislation guarantees the protection of lives according to the Governor. However, critics have expressed concerns that many Arizona residents are against the 15-week abortion ban, and it undermines their constitutional rights. There are also concerns that the law does not exclude people affected by rape or incest. The exception to the ban applies to only medical emergency cases that threaten the life of the pregnant person or may cause permanent damage to their body system.

A 2020 Arizona abortion report from the Department of Health Services revealed that out of 13,186 abortions carried out that year, 636 abortions were on pregnancies of above 15 weeks. To put it into perspective, physicians would have denied 636 persons from having an abortion if the 15-weeks abortion ban law preceded 2020. While it is relatively small to the total abortions done, advocates have pointed out that many of these pregnant individuals are minors and may experience health complications if the procedure is not accessible.

Physicians That Violate The Law Can Go To Jail

Physicians that violate the abortion ban after 15 weeks of pregnancy will face a class 6 felony charge. If found culpable, it could mean an incarceration sentence between four months to five years, except if downgraded to a misdemeanor. The violation could also cost physicians their license to practice medicine in Arizona and a hefty fine.

For exempted cases in which the law allows the abortion of fewer than 15 weeks old pregnancies, the physician have to follow a bureaucratic protocol before performing the procedure. Within 15 days after the abortion, the physician must submit a report to the DHS with the following contained:

  • The complete date that the physician performed the abortion.
  • Details of the medical procedure used in the abortion.
  • The number of weeks that the pregnancy has existed.
  • The method used by the physician to determine the period of the pregnancy.
  • A statement disclosing that the abortion is a medical emergency.
  • Medical proof backing up the claims that the procedure occurred due to a medical emergency.
  • Potential health consequences of the procedure done.
  • The physician’s signature acts as an assurance (under oath) that the information in the report is factual to the best of the physician’s knowledge.

Falsifying a report to perform an abortion can result in the state suspending or revoking the provider’s license. The court can also include a fine of up to $10,000.

While the president of Planned Parenthood Action Fund, Alexis McGill Johnson, indicated in a statement that medical professionals in Arizona are against the ban, the penalties do not leave them many options but to abide by it.

On a lighter term, the law will not prosecute the pregnant person for violating the ban. 

Arizona Has More Restrictive Policies on Abortion

Although abortions are not outrightly illegal in Arizona, the state has some other restrictive laws that discourage the procedure. In essence, abortion is legal until viability. The latest development of the 15-week abortion ban is likely to take effect by October if upheld by the state judiciary.

Some other abortion restrictions in Arizona include:

  • Mandatory counseling that may discourage the person from seeing through the abortion. After the counseling, the pregnant person must wait 24 hours before an abortion can be done.
  • The state Affordable Care Act only offers health plans that cover abortion in medical emergency cases where the pregnancy poses a life threat to the person.
  •  There is a prohibition on using telemedicine to administer abortion medication.
  • Abortion is outlawed on the grounds that the child has a survivable genetic abnormality. 
  • The insurance of public employees will only cover abortions if the situation is life-threatening or can cause permanent damage to the health.
  •  Abortions are only available after viability, except the pregnancy can lead to death or jeopardizes the person’s health.
  • The state has bureaucratic and unnecessary policies that its abortion clinics must follow.
  • A mandatory ultrasound must be done at least 24 hours before the abortion procedure, and the facility must allow the patient to see visuals of the result.
  • Anyone below 18 cannot get an abortion except with the consent of a parent or legal guardian.

There are speculations that Arizona can make abortion completely illegal in the long term. These speculations come in light of the Supreme Court vote to overturn the decision in the revolutionary Roe v. Wade that set a precedence for abortion rights. However, Arizona does not have a trigger law that will automatically make abortion illegal due to the recent decision on abortion rights at the federal level. Across the U.S, Florida, Arizona, and Mississippi are the states with a law banning abortions after 15 weeks of pregnancy.

New Arizona Legislations Restrict Transgender Youth

New Arizona Legislations Restrict Transgender Youth

Two new laws in Arizona have been criticized to restrict the rights of transgender youth. Earlier, the Arizona House passed Bill 1138, intended to stop youth under 18 from undergoing permanent gender reassignment procedures, and Senate Bill 1165, which will prevent transgender student-athletes from participating outside the gender category assigned at their birth.

The Arizona governor has signed these bills into law, stating that it is intended to promote fairness in sports and safeguard minors from making permanent decisions about their gender that they may regret. However, advocates of transgender rights have voiced that these laws are restrictive and discriminatory to transgender youth and make an issue out of a non-existent problem.

Senate Bill 1138

This bill, now passed into law, will prevent any physician or health care professional in Arizona from providing any form of irreversible gender transition procedure if the individual is not yet 18 years of age. They can also not refer such individuals for permanent gender reassignment surgery. However, this does not apply to individuals born with a defective sex development that needs such medical procedure. 

Critics of the bill believe that the legislation is unnecessary and violates transgender youth. They believe that healthcare decisions should be made by the individual, their parents, and their physician. 

Initially, the bill was intended to prevent all such procedures for minor children but was charged to only restrict permanent procedures related to gender reassignment. This means that minor children can still undergo hormone therapy and take prescribed puberty blockers (a medicine used to suppress puberty).

Senate Bill 1165

This bill, also signed into law by the governor, will prevent transgender female student-athletes from competing in sports designated for females. Typically, students can only compete in the category of their biological sex (males or females) and coed/mixed.

The new legislation also prohibits any Arizona government office or athletic organization from entertaining complaints, conducting investigations, or punishing schools that decide to maintain a separate sports category for female students. Furthermore, aggrieved athletes that believe they lost an opportunity to a transgender athlete competing in the same category can legally sue the school who organized the competition for injunctive relief or damages. Students or an athletic organization that reports any school that violates this new legislation cannot be punished by the school as a form of retaliation.

The governor said that the bill will ensure fairness for female athletes. However, critics have pointed out that there are very few transgender athletes in the state. They believe that the law will further enhance the discrimination against transgender youth and may even result in bullying.

Arizona Marijuana Laws

Arizona Marijuana Laws

Many states have as of late decriminalized marijuana use in the United States, including Arizona. It is advisable to be familiar with the regulations on the purchase, use, and production of the product to avoid associated penalties for violations. 

In Arizona, Marijuana was first authorized in 2010 for clinical use through proposition 203, laying out the Arizona Medical Marijuana Act. The legislation legitimized marijuana to help terminally and seriously sick people. Such people must have a specialist’s approval and register at an approved dispensary.

The use of marijuana for recreation became lawful in the state in 2020 through proposition 207, the Safe and Smart Act. The demonstration passed with 60% of the votes cast.

 In any case, there are a few limitations associated with marijuana use in the state for both clinical and recreational purposes.

You are permitted to legitimately take it recreationally provided that you are 21 years old or more. Users must also possess or plant the allowed size of marijuana or its legal derivatives as stipulated by the laws.

Public use of marijuana by both medical and adult users of marijuana is prohibited by state laws. Likewise, employers have the right to ban the use of marijuana at workplaces. Arizona also permits the prohibition of alcohol in workplaces by employers.

Marijuana Possession Laws

Marijuana users can legally possess no more than an ounce of the product. You commit a petty offense if you are found in possession of marijuana of more than one ounce to 2.5 ounces. You will face the penalty of a $300 fine for this offense. 

Individuals in possession of more than 2.5 ounces but less than two pounds commit a class 6 felony punishable by incarceration of six to 18 months and a maximum fine of $150,000. 

If a law enforcement officer finds you in possession of marijuana between two pounds to less than four pounds in size, you face a felony charge that can put you in prison from nine months to two years. Additionally, the court may fine you up to $150,000.

Possessing more than four pounds of marijuana can land you in prison for at least 18 months to three years. You can also be fined up to $150,000. 

 Sale of Marijuana

You cannot sell marijuana in Arizona except you own a business with the proper licensing and registration. The illegal sale of marijuana or its possession with intent to sell is a felony offense. The sale of fewer than two pounds of marijuana is punishable by incarceration for up to three years and no less than 18 months. A $150,000 fine can also be imposed by the court. 

Defaulters that are guilty of the sale of marijuana between two to four pounds a prison sentence that may last for seven years. The lowest incarceration sentence allowed by the laws is a 4.5-year term and a fine of not more than $150,000. The sale of a quantity higher than four pounds attracts between four to ten years in prison and a fine of up to $1500,000.

Note that possessing an ounce of marijuana with intent to sell is not illegal if the seller does not get any remuneration from the transaction.  

Cultivation of Marijuana 

It is a felony offense to produce more than six plants of marijuana in Arizona. Only licensed and authorized businesses are allowed to cultivate the plant for commercial purposes. As an individual, you can legally produce six or fewer marijuana plants for non-commercial purposes. Offenders can go to jail for a maximum sentence of seven years and pay fines of no more than $150,000. 

Trafficking of marijuana is also punishable by incarceration. Less than two pounds of the plant can result in incarceration between 2.5 years to seven years. Two pounds or more is penalized by a sentence between four to ten years. Both offenses also carry a maximum fine of $150,000.

Marijuana DUI

Driving under the influence of marijuana is still a criminal offense in Arizona. However, the new laws state that it is only punishable if having THC in your system impaired your driving ability at the time of the incident. The penalty for marijuana DUI varies according to the circumstances of the incident. 

Generally, the court decides on such cases on its initiative.

Use of Marijuana by Minors

Arizona laws clearly state that the recreational use of marijuana only applies to residents that are not younger than 21 years old. The possession of the plant or its derivatives by anyone younger than 21 years old is a punishable offense. A first-time violation is a civil penalty. However, offenders will face a misdemeanor charge upon subsequent convictions. 

Taxation Laws

A 16% excise tax is levied on marijuana and its derivatives sold to adult consumers. However, this does not apply to all marijuana or similar products sold for medical purposes. 

Medical Use of Marijuana

The clinical service of marijuana in Arizona has different laws than those governing its adult use. For instance, medical users can be of any age as long as they are eligible patients. 

It is unlawful for clinical clients or the person taking care of them to buy more than 2.5 ounces of cannabis from any marijuana dispensary in two weeks or less. Patients can have 2.5 ounces of cannabis with them. They are also allowed to have twelve marijuana plants.

A limitation to clinical use is that you can neither keep nor use clinical marijuana inside the premises of a school. Similarly, its public usage is also unlawful.

Adopting Children in Arizona

Adopting Children in Arizona

Arizona allows the adoption of children by eligible residents. You should be well-informed about the Arizona adoption process before you decide to go on with the process. The state ensures that the overall well-being of the child is the focus for adoptions or fostering.

The process of adopting a child in Arizona is a bit taxing. However, there are some resources provided by the Arizona Department of Child Safety and adoption agencies to guide you through the regulations. 

The department is in charge of adoption and fostering activities in the state. Adoption places a child permanently in the care of the adoptive parent as a legal guardian, while fostering is a temporary arrangement till the child is back with the birth parent or relative.   

The state wants adoptees to enjoy a nurturing and caring environment from their adoptive parents. Apart from ensuring the adopter can provide this, there are also some legal requirements that potential adopters must satisfy. 

Laws Guiding Adoption in Arizona

Arizona laws permit the adoption of youngsters younger than eighteen years of age or a legitimate foreigner under 21. You can adopt eligible kids if you are a grown-up resident of Arizona. Your marital status is irrelevant to the process. Legitimately wedded couples are likewise permitted to adopt a kid together.

The Superior Court in the county of the applicant’s residence province has jurisdiction over the proceedings that will ensue. Before a potential adopter can adopt a kid, the court should guarantee their eligibility. A representative will research the applicants to assess the applicants assuming qualification. Eligible applicants will be licensed to carry on with the adoption process. Generally, applications involving special needs kids will be viewed first. If the court does not confirm a candidate, the candidate can reapply a minimum of a year later.

The Department of Child Safety checks the criminal history of the potential adopters. Ex-convicts or persons put on trial for a crime contained in section 41-1758.03 (subsections B and C) of the Arizona Revised Statute or a corresponding law in another state should let it be known to the agency However, they may be disqualified from the adoption if considered a threat to the child’s welfare. Some of these crimes include:

  • Sexual abuse
  • Incest 
  • Sexual assault 
  • Murder (first degree or second degree)
  • Sexual exploitation and the commercial sexual exploitation of a helpless adult or juvenile
  • Molesting a child or a helpless adult
  • Sex trafficking
  • Prostitution or offenses relating to prostitution
  • Child Bigamy
  • Possession or sale of child pornography

The court must consider the fitness of the prospective adopter to be responsible for the child. It considers certain factors, including:

1. A full social report.

2. The prospective adoptive parent’s financial state.

3. The individual’s moral capability.

4. Religious upbringing of the individual.

5. The health condition of the candidates (psychological and physical).

6. The court also considers legal actions or adjudication against applicants that involve child abuse, child abandonment, and the termination of the parent-child relationship by the prospective adoptees in which they had custody of the child and were responsible for the care.

7. The applicants’ willingness to appear on the state’s central adoption registry upon being certified by the court as qualified to adopt a child. However, applicants can also request not to have their information in the registry. The registry also contains the names of the potential adoptees with consent, if necessary. Individuals can only request information in the registry for adoption placements. Otherwise, the department keeps the registry confidential. 

8. Other relevant information considered important by the court or the Department of Child Safety important to determine the fitness of the applicants. 

The state laws forbid the department from revealing any personal information on the child to the applicant. The identity of the child’s relatives is also not made available to the prospective adoptees and vice versa

Applicants that have previously adopted or fostered a child successfully may not be subject to a thorough investigation by the department/court. Such adopters’ previous certification for adoption will be valid for the current application except otherwise proven. There will be an update on the individual’s report if any significant changes occur since the previous certification.

Arizona adoption laws forbid adoption agencies, the court, or the Department of Child Safety from discriminating based on the nationality or race of the child or the applicants, during adoption placements. An exception to this is the provisions of federal law (The Indian Child Welfare Act).   

In some cases, the court can only grant an adoption application with the consent of the following persons:

  • The birth mother of the child or current adoptive mother
  • The father of the child if he and the birth mother were in a marital relationship at birth.
  • The father who has established paternity per the state laws.
  • If the prospective adoptee’s age is 12 years or older, they must consent at the court hearing.  
  • An authorized court-appointed guardian must consent to the adoption.
  • The adoption agency that is in charge of the child placement.
  • If the child’s parent has a guardian at the adoption, the guardian must consent.

Steps Involved in the Adoption of Children in Arizona

The following steps are essential to get started with the adoption process in Arizona, as recommended by the Arizona Department of Child Safety: 

  1. Contact the department by visiting the site or via phone at 1-877-KIDS-NEEDU.
  2. Watch the orientation videos to be informed about the different options provided to you and their differences. 
  3. Complete and submit the necessary forms online.
  4. Pick your preferred adoption agency.
  5. Satisfy the requirements necessary to obtain a certification. Different assessments will occur at the stage (criminal history, financial status, and health condition).
  6. Get more training from your adoption agency on how to care for the adopted children. 
  7. The agency will conduct a home study to ensure a safe environment for the child.
  8. Approval of adoption license.
  9. Welcoming the child into your home.
Parental Rights and Obligations in Arizona

Parental Rights and Obligations in Arizona

Parental rights and obligations refer to the legal authority a parent has to make decisions that affect their child’s affairs and the parental duties they are statutorily mandated to perform. Parental rights and obligations are common issues that arise in family law, especially child custody cases. It helps to know who makes decisions concerning a child’s education, health, religion, and place of residence. 

Apart from biological parents, parental rights can also apply to adoptive parents, foster parents, and legal guardians. 

Arizona Parent’s Bill of Rights

In 2010, the Arizona State legislature passed the Arizona Parent’s Bill of Rights Act. The act protects the authority that parents have over their minor children and states their parental obligations. Except contrarily stated by the laws, all parents have certain parental rights to direct the affairs of their children without hindrance from the state government and its agencies. Such parental rights include:

  1. Making decisions concerning the child’s health care unless the law prohibits it. For instance, parents must consent to surgical procedures and mental health screening or treatments of their minor child. 
  2. Access to inspect and review records relating to the minor child.
  3. Parents can train the minor child morally or religiously the way they please.
  4. Guiding and participating in the education of the minor child as stated in title 15 of the Arizona Revised Statutes. 
  5. According to Arizona Revised Statutes 8-807, parents have the right to receive the details of an investigation involving them and conducted by child safety services.
  6. Parents must give their permission in writing before the creation, storage, or distribution of any record of the minor child’s blood or deoxyribonucleic acid, or before anyone can conduct genetic testing on the child. 
  7. Parents must be consulted before a biometric scan of the minor. The parent’s consent must be in writing to be valid. 
  8. Parents guide the way a minor child is brought up.
  9. Government agencies and officials are prohibited from making a video or recording the voice of a child unless the parent authorizes it. However, the law allows it if the purpose of the video or recording is necessary for a court proceeding. Police officers or child safety services conducting an investigation are also exempted from this restriction. Another exemption is if the material’s purpose is solely for any of the following:
    1. Surveillance or security of buildings or grounds 
    2. For safety demonstrations.
    3. Academic or extracurricular exercises.
    4. A photo identification card.
    5. The school uses it for regular classroom instructions.

10. Unless prohibited by the law, parents have unrestricted access to get the medical records of their minor children. However, they may not enjoy this right during the period of an investigation for a crime they commit and the minor child is a victim.

11. Parents must receive prompt notice if a state official or any government division/agency has reasons to believe that the minor child is a victim of a criminal act perpetrated by someone. However, the law can overlook this if the incident was reported to law enforcement officers, and the notice may disrupt the ongoing investigation.

While this act grants parental rights to individuals in Arizona, these rights may be suspended or overlooked during a child welfare investigation. The state can establish that the parent exercising such rights is against the welfare of the child. Usually, the Arizona Department of Child Safety becomes involved in cases of child abuse, abandonment, neglect, or exploitation. 

Termination of Parental Rights 

The termination of parental rights in Arizona will take away the parent’s access to the child and relinquish associated obligations. Usually, anyone with reasons to believe the child is not well cared for by the parent can petition the court to terminate parental rights. If the court terminates parental rights, it ends the parent-child relationship, and the parent no longer has the right to make decisions on behalf of the child. Associated obligations like paying child support no longer apply to the individual.

Termination of parental rights can be involuntary or voluntary. A voluntary termination involves the parent giving up parental rights willingly. However, the court can only approve this if another eligible person wishes to assume parentage of the child through adoption or other legal means. 

The court has the authority to order the involuntary termination of parental rights. If a person with a legitimate interest in the child’s well-being petitions for the termination, the court will consider the following as evidence for grounds for such action:

  • That the supposed father failed to file a notice of claim of paternity during the required time.
  • The court establishes evidence showing neglect of the child or child abuse by the parent, causing severe physical or emotional injury or situations to the child.
  • If the parent abandons the child.
  • When the parent has a felony conviction that restricts their activities (due to incarceration), and this proves the incompetence of the parent or will deprive the child of a normal home particularly for a lengthy incarceration period.
  • When the parent cannot fulfill their duties as a result of mental illness, mental deficiency, or a history of severe misuse of hard drugs, controlled substances, or intoxicants. 
  • The court has ended their parental rights to another child within the past two years for the same grounds as the new case, and the parents are still unable to perform their obligations.
  • If there is no known identity of the parents of a minor child and a conscious effort to find and identify them for three successive months is unsuccessful. 
  • The parents of the child have given up their parental rights to a minor child to a child welfare agency or they consent to the adoption of the child.
  • If all the following information is true:
  1. By the court’s order, the child was cared for in an out-of-home placement by court order.
  2. The agency currently responsible for the child made attempts to provide reunification services.
  3.  The court ordered that the parents get back legal custody of the child after an earlier removal of the child from their custody.
  4. After 18 months of the return of the child to the parent, the court ordered the child’s removal from that parent’s legal custody. The child is then cared for in an out-of-home placement and supervised by the juvenile court, the division, or an authorized agency. The court also establishes that the parent does not fulfill necessary parental duties.
Penalties for Drunk Driving in Arizona

Penalties for Drunk Driving in Arizona

In Arizona, drunk driving or driving under the influence (DUI) is the drugged or drunk operation of a vehicle. The state has zero-tolerance for drunk driving, and the Arizona Department of Public Safety is responsible for identifying and indicting impaired drivers.

If charged with a DUI, a driver faces criminal prosecution and penalties imposes by the Arizona judiciary following a court trial. At the same time, the driver faces administrative sanctions from Arizona’s Motor Vehicles Services.

What Is Drunk Driving in Arizona? 

Per Arizona’s transportation code, ARS 28-1381, drunk driving refers to driving or having physical control of a vehicle while intoxicated with alcohol, drug, the vapor of a toxic substance, or a combination of substances.

Arizona puts the threshold for drivers’ Blood Alcohol Concentration (BAC) at 0.08%. Regardless, an officer of the Department of Public Safety may still arrest a driver if the officer has reason to believe the driver is impaired despite a low BAC.

Penalties for Drunk Driving in Arizona

Arizona has no tolerance for driving under the influence, and the state’s DUI laws are one of the strictest in the United States. Drivers convicted of drunk driving face one or more of the following penalties if convicted of drunk driving:

  • Demerit Points: Per Arizona’s point assessment system, a DUI indictment or conviction is worth eight (8) demerit points. The demerit points shall remain on the driver’s record for seven (7) years.
  • License Suspension: A drunk driver shall also lose their license on the spot if a breath alcohol test puts their BAC above the limit or if the arresting officer has sufficient reasons to believe the driver is impaired. A suspension shall hold, especially if the driver refuses to submit to a chemical test under Arizona’s implied consent law. Generally, license suspension lasts for at least 90 days. The court and Motor Vehicle Services may extend the suspension period under aggravating circumstances.
  • Fines: DUI fines for drunk driving in Arizona start at $250. Subsequently, law enforcement shall assess the driver starting from $500.
  • Other fees: Besides the fines, the driver incurs surcharges, a prison construction assessment fee of up to $1,250, a state general fund assessment fee of $1,250, and an $80 monitoring fee. The individual must also pay jail costs and probation fees. Thus, the financial implication of drunk driving can be well into several thousands of dollars.   
  • Installation of an ignition interlock device: Arizona’s zero-tolerance law makes installing a Breath Alcohol Ignition Interlock Device (BAIID) mandatory for persons convicted of drunk driving. The installation is at the driver’s expense.
  • Imprisonment: Jail time for DUI in Arizona starts at ten (10) days and can be up to 180 days under aggravating circumstances. The jail is independent of other court-imposed fines and administrative sanctions, such as completing treatment and counseling for substance abuse and providing an SR-22.

Penalties Depending on Circumstance

First DUI (0.08 BAC)

  • Fines & Other Fees: About $1,500.
  • License suspension: 90 days.
  • Jail: 10 days.
  • Ignition interlock: 12 months.
  • Substance abuse screening and counseling mandatory.

Second DUI

  • Fines & Other Fees: About $3,500.
  • Jail: 90 days.
  • License suspension: One-year revocation.
  • Ignition interlock: 12 months.
  • Community service: 30 hours.
  • Substance abuse screening and counseling mandatory.

First Aggravated DUI (> 0.15 BAC)

  • Jail: 30 days
  • Fines & Other Fees: About $4,000.
  • Driver’s license suspension: 90 days.
  • Ignition interlock: 12 months.
  • Substance abuse screening and counseling mandatory.

Second Aggravated DUI (> 0.15 BAC)

  • Jail: 120 days.
  • Fines & Other Fees: About $4,000.
  • Ignition interlock: 12 months.
  • Community service: 30 hours.
  • Driver’s license suspension: One-year revocation.
  • Substance abuse screening and counseling are required.

First Super Aggravated DUI (> 0.20 BAC)

  • Jail: 45 days
  • Fines & Other Fees: About $3,500
  • Screening and counseling required: Yes.
  • Driver’s license suspension: 90-day suspension.
  • Ignition interlock: 18 months.
  • Substance abuse screening and counseling are required.

Second Super Aggravated DUI (> 0.20 BAC)

  • Jail: 180 days
  • Fines & Other Fees: About $5,000.
  • Screening and counseling required: Yes.
  • License suspension: One-year revocation.
  • Ignition interlock: 24 months.
  • Community service: 30 months.
  • Substance abuse screening and counseling are required.

The Bottom-line

There is no denying that Arizona’s penalties for drunk driving are strict. The penalties mentioned above represent the typical penalties an offender can expect per state laws. However, persons who hire an experienced DUI attorney may successfully beat down the charges or enter a plea agreement with the court to reduce some of the penalties. In some cases, the court will grant home detention or probation instead of requiring a drunk driver to serve the full jail term. 

Guns and the Debate in Arizona

Guns and the Debate in Arizona

The Second Amendment to the US constitution enforces citizens’ right to bear arms. It says:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

Since 1791 and to date, the intended scope of this language has created considerable debate among legislative pundits. Perhaps, Arizona’s founding fathers knew the country would remain divided on gun control and made it clear to everyone from the onset.

Unlike the Second Amendment, the language in the state’s constitution was unequivocal.

Article II, Section 26 of Arizona’s constitution says, “the right of the individual citizen to bear arms in defense of himself or the state shall not be impaired.”

This special protection for individual gun rights in the state goes beyond the language of even the Second Amendment of the US Constitution. Then, the state reiterated its stance in 1994 when Arizona’s House passed its original gun law, which allowed gun owners with permits to carry concealed firearms.

Following the 1990s and the early 2000s, Arizona’s legislature remained aggressive and continued to expand gun rights in the state.

In 2009, the State Legislature passed a law that allows Arizona residents to carry concealed weapons into bars and restaurants that serve alcohol. Barely a year later, in 2010, Governor Jan Brewer signed the “Firearm Freedom Act” that permits anyone to sell certain weapons and ammunition manufactured in Arizona without following federal registration or regulations. 

Then in April 2010, Brewer signed another bill that expanded the residents’ right of constitutional carry per the original gun law of 1994. The law allows Arizonans older than 21 to carry concealed firearms without a permit. Residents can also take their guns anywhere, apart from doctors’ offices and certain places, such as polling places, correctional facilities, power stations, and any property where the owner expressly prohibits weapons. 

A gun owner may have their concealed weapons in bars as long as they are not drinking. The individual may also carry guns on school grounds. However, the firearm must be unloaded, and the owner must remain in a vehicle.

These laws make Arizona one of the states with the least lenient gun laws in the United States, according to the Giffords Law Center, an independent organization fighting for justice for victims of gun violence and legislative reform at the state and federal level.

Arizona also scored poorly according to Giffords’ metrics. The state ranks low in gun law strength and high in gun violence and gun deaths. Yet, state legislators continue to pass laws that enforce the Arizona residents’ ability to own and carry guns despite federal legislative and executive efforts to regulate firearms in the country.  

Arizona Stalls Federal Gun Laws for Nearly Thirty Years

Arizona has always been at loggerheads with federal laws to control access to firearms and gun ownership in American states.

Case in point: Mack v. United States (also known as Printz v. United States)

In 1993, President Bill Clinton signed the Brady Bill, i.e., Brady Handgun Violence Prevention Act, into law. The law mandated state and local law-enforcement officials to conduct federal background checks on purchasers. It also imposed a five-day waiting period before licensed dealers, manufacturers, and importers could release arms to purchasers.

The provisions of this federal Act were hard to swallow in Arizona. And as sure as day, the state resisted.

In 1994, former Graham County Sheriff, Richard Mack, challenged the Bill administration on the constitutionality of the provisions of Brady Handgun Law. He sued the federal government in the landmark case, Mack v. United States. 

The District Court agreed with Mack that the background check requirement and waiting period constitute a federal violation of states’ rights under the 10th Amendment. The federal government appealed to the US Supreme Court, which also sided with Mack, and the sheriff became a cult hero to gun-rights enthusiasts. He would later write the book – “From My Cold Dead Fingers: Why America Needs Guns.”

It has been nearly thirty years, but the story remains unchanged. 

Arizona introduced five gun bills to strengthen its gun laws further – or worsen it, depending on how you look at it. 

One bill, the Second Amendment Firearm Freedom Act, stands out.

The bill, which Arizona Governor Doug Ducey signed into law in February 2021, preempts the efforts of the Biden-Harris administration to stem gun violence in the country. The legislation prohibits state and local law enforcement from enforcing federal gun laws.The gun debate in Arizona will continue even as the Center for American Progress contrasted weak gun laws and gun violence in the United States.

Statute of Limitations

Statute of Limitations

Civil Actions

Civil actions must be commenced and prosecuted within the following time limitations, beginning when the cause of action accrues:

One year limitation:

A.R.S. 12-541 Malicious prosecution; false imprisonment; libel or slander; seduction or breach of promise of marriage; breach of employment contract; wrongful termination; liability created by statute; one year limitation

Two year limitation:

A.R.S. 12-542 Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation

Three year limitation:

A.R.S. 12-543 Oral debt; stated or open account; relief on ground of fraud or mistake; three year limitation

Four year limitation:

A.R.S. 12-544 Bond to convey realty; partnership account; account between merchants; judgment or instrument given or made without the state; four year limitation

A.R.S. 12-545 Bond of personal representative or guardian; four year limitation

A.R.S. 12-546 Specific performance of contract to convey realty; four year limitation

Five year limitation:

A.R.S. 12-547 Failure to make return on execution; five year limitation

Six year limitation:

A.R.S. 12-548 Contract in writing for debt; six year limitation

Criminal Prosecutions

Crimes must be prosecuted within the following time limits:

A.R.S. 13-107. Time limitations

A. A prosecution for any homicide, any offense that is listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13-1423, any violation of section 13-2308.01, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time.

B. Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:

1. For a class 2 through a class 6 felony, seven years.

2. For a misdemeanor, one year.

3. For a petty offense, six months.

C. For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed.

D. The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.

E. The period of limitation does not run for a serious offense as defined in section 13-706 during any time when the identity of the person who commits the offense or offenses is unknown.

F. The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor.

G. If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal.

See A.R.S. 13-107

Statute of Frauds

Statute of Frauds

In general, oral (not in writing) agreements can be enforced by bringing an action in court. However, the Statute of Frauds requires that certain types of agreements must be in writing and signed,  in order to be enforceable in court.

Arizona’s Statute of Frauds requires that the following types of promises or agreements must must be in writing and signed by the party to be charged:

1. To charge an executor or administrator upon any promise to answer for any debt or damages due from his testator or intestate out of his own estate.

2. To charge a person upon a promise to answer for the debt, default or miscarriage of another.

3. To charge a person upon any agreement made upon consideration of marriage, except a mutual promise to marry.

4. Upon a contract to sell or a sale of goods or choses in action of the value of five hundred dollars or more, unless the buyer accepts part of the goods or choses in action, and actually receives them or gives something in earnest to bind the contract, or in part payment, but when a sale is made at auction, an entry by the auctioneer in his sale book, made at the time of the sale, of the kind of property sold, the terms of the sale, the price, and the name of the purchaser and person on whose account the sale is made is a sufficient memorandum.

5. Upon an agreement which is not to be performed within one year from the making thereof.

6. Upon an agreement for leasing for a longer period than one year, or for the sale of real property or an interest therein. Such agreement, if made by an agent of the party sought to be charged, is invalid unless the authority of the agent is in writing, subscribed by the party sought to be charged.

7. Upon an agreement authorizing or employing an agent or broker to purchase or sell real property, or mines, for compensation or a commission.

8. Upon an agreement which by its terms is not to be performed during the lifetime of the promisor, or an agreement to devise or bequeath any property, or to make provision for any person by will.

9. Upon a contract, promise, undertaking or commitment to loan money or to grant or extend credit, or a contract, promise, undertaking or commitment to extend, renew or modify a loan or other extension of credit involving both an amount greater than two hundred fifty thousand dollars and not made or extended primarily for personal, family or household purposes.

See A.R.S. 44-101

Dog Bites

Dog Bites

Liability for Dog Bites

Arizona applies a type of strict liability to owners of dogs which bite a person.

The owner of a dog which bites a person is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of its viciousness.

The owner is liable when the person is bitten in or on a public place or lawfully in or on a private place, including the property of the owner of the dog.


Proof of provocation of the attack by the person injured is a defense to the action for damages. The issue of provocation is determined by whether a reasonable person would expect that the conduct or circumstances would be likely to provoke a dog.


A.R.S. 11-1025 Liability for dog bites

A.R.S. 11-1026 Lawful presence on private property defined

A.R.S. 11-1027 Reasonable provocation as defense

Conservation Easements

Conservation Easements

A conservation easement is a non-possessory interest of a holder in real property imposing limitations or affirmative obligations for conservation purposes or to preserve the historical, architectural, archaeological or cultural aspects of real property.

Arizona allows businesses and individuals to grant conservation easements to governmental bodies and charitable corporations whose purpose  is to retain or protecting the natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality or preserving the historical, architectural, archaeological or cultural aspects of real property.

The conservation easement must yield a significant public benefit by: (a) preserving land areas for outdoor recreation by, or the education of, the general public; or (b) protecting a relatively natural habitat of fish, wildlife or plants or similar ecosystem; or (c) preserving open space, including farmland and forest land, if the preservation is either: (i) for the scenic enjoyment of the general public or pursuant to a clearly delineated federal, state or local governmental conservation policy.

A conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements. A conservation easement is unlimited in duration unless the instrument creating it otherwise provides.

A conservation easement, or any assignment, release, modification, termination or other document altering or affecting a conservation easement, is only valid if recorded with the county recorder of the county in which any portion of the real property burdened by the conservation easement is located.See:

33-271 Definitions33-272 Creation, conveyance, acceptance and duration

33-273 Judicial actions33-274 Validity and assignment of conservation easements

33-275 Application of other laws33-276 Applicability