NEWS

Does Hashish Fall Outside of Arizona’s Medical Marijuana Act?

On March 19, 2019, the Arizona Supreme Court heard oral arguments on State of Arizona v. Jones.  The issue was whether the Arizona Medical Marijuana Act (AMMA) also includes hashish.  Rodney Jones was convicted and served 2.5 years for possessing 0.5 grams of hashish he purchased from a dispensary with his AMMA card.  Yavapai county […]

Read More

For Arizona Medical Marijuana Users, Your Car is Not a Private Place

The Arizona Medical Marijuana Act (AMMA) does not grant immunity to card holders smoking marijuana in a public place, including if you want to “toke up” inside your car before a concert.  The Arizona Court of Appeals Division One, Affirmed Judge Michael Gordon’s Superior Court Ruling in State v. Tagge.  After a bench trial, Judge Gordon […]

Read More

What Do I Get to Keep from My Creditors?

            Many people end up owing more money than they can ever afford to repay.  There are many reasons why people have debt.  Sometimes it is bad luck.  Sometimes it is bad decision making.  For whatever reason, there may come a time when you are not able to pay back the debts that you owe.             When a creditor starts to […]

Read More

Child Custody : Be Aware of the Consequences of Your Decisions

  On April 25, 2019, the Arizona State Supreme Court issued a ruling which will have a significant impact on future custody litigation in Arizona.   The Court issued its ruling in Paul E. v Courtney F, 22 Ariz. 46, __P3d __ (2019).    In particular, parties need to really consider all of the possible problems and issues before agreeing to […]

Read More

Taxes and Bankruptcy

There are a lot of “urban legends” concerning the ability of a debtor to discharge tax debts in Bankruptcy.  The rules are complicated and it takes an experienced Bankruptcy attorney to help taxpayers navigate the rules on when a tax is dischargeable and what types of taxes are dischargeable. The most common question concerns the dischargeability […]

Read More
AZ Homestead Exemption

Protect Your Equity with the Arizona Homestead Exemption

Arizona has a law which allows a homeowner to protect $150,000 in equity from general creditors.  It does not apply to mortgage companies or any creditor who has been given a consensual lien from the homeowner.  It is called a “homestead exemption”.  It applies to all people who have an “interest” in property in Arizona.  It applies whether someone […]

Read More
Cellphone Privacy

Limits to the Government’s Power to Search Cell Phones

Recently, a U.S. Magistrate Judge issued an Order explaining that there are limits to the Government’s power to search cell phones pursuant to a search warrant. In a sealed case in Oakland, California, the Government sought a search warrant allowing federal authorities to search a house, and to obtain the cell phones of everyone in the […]

Read More

Is Your House Worth Less than What is Owed on the Mortgages?

Many people in Arizona own a house with multiple mortgages.  Some of those houses declined in value during the Great Recession and have not fully recovered.  If your house is worth no more than what is owed on your first mortgage, there are ways to get rid of the second (and other junior) lien. In a Chapter […]

Read More

Your Rights as a Debtor in Bankruptcy Not to be Harassed

Recent decisions in the 9thCircuit have awarded damages and attorney’s fees to Debtors in situations where creditors have acted wrongfully.  One such case is in re Marino, where the Bankruptcy Court awarded damages of over $100,000 and attorneys’ fees against Ocwen Loan Servicing Company.   One of the major reasons why people file for relief under the Bankruptcy […]

Read More