Kai Michael Henderson

Kai Michael Henderson

  • Estate Planning, Criminal Law, Personal Injury...
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Summary

I grew up in Iowa, Arizona, New Jersey, Colorado, and Nevada. I am fluent in French having lived briefly in Belgium and France. I attended the University of Arizona where I earned a Bachelor’s Degree in Sociology and Juris Doctorate. In Law School, I interned at the Pinal County Public Defender’s Office. I ranked third on the comprehensive law examination of 344 Juris Doctors in my round. I have worked successfully in the Navajo County Public Defender’s Office, Pinal County Public Defender’s Office, and the Cochise County Public Defender’s Office. I also engaged in private practice doing a variety of legal work including estate, personal injury, criminal, and real estate litigation for three years.

Practice Areas
  • Estate Planning
  • Criminal Law
  • Personal Injury
  • Family Law
  • Workers' Compensation
  • Employment Law
  • Probate
  • Civil Rights
Languages
  • French: Spoken, Written
Education
University of Arizona
J.D. | Law
Honors: Ranked 3rd on Comprehensive Law Exam
Professional Associations
State Bar of Arizona # 030395
Member
Current
Legal Answers
13 Questions Answered

Q. Can an employer tell me my cancer is considered a disability and add me to the "list" to make the numbers look good?
A: There are a tangle of issues here and it is never good to have one's privacy violated, especially by a co-worker. On the facts here, it appears that your company internally disclosed that you have a disability. Generally speaking, under the ADA, employers cannot disclose employees' health information to third parties without meeting some of the exceptions such as providing reasonable accommodation or reporting a Worker's Compensation injury. Under the facts above, it does not appear that there was much in the way of accommodation was required, so it is unknown whether this would hold water. It is also not clear that there was third party disclosure. A person needs to tread carefully with employee/employer relations. While this incident may be evidence of a pattern of hostility in the workplace, it may just be a misunderstanding, or more likely based on just the above an unintentional violation of privacy meant to make the company look like it is more diverse with regards to disability than it actually is. That being said, cancer may fit under the broad categorization of disability under the ADA. If a person is fired for missing a week of work due to their cancer treatment, it is likely that that person would have a claim under the ADA, so it is arguable that it does count as a disability. This despite the fact that only personal or sick time may have been used, thus no accommodation was really necessary. It would depend on the context of the "list" that the employer compiled. The problems raised are a boss distributing information that she should not even have had, classifying the worker as disabled, and attempting to leverage the alleged disability for public relations. A person may want to speak with a skilled attorney or put out a few job applications for other work if the alleged behavior keeps gnawing at them or no one apologizes and remedies after being confronted. Be careful in jumping ship though or having a tough argument, a lot of people who think they are going to get a million dollar payout often end up with crumbs or nothing when a jury assesses how much an injury is worth, if a case even gets to a jury. They also may have trouble finding a job that was as good as their last one because of the natural storms and currents of the labor market. Some people end up looking for a new job with better management and jump ship into a better job, but they are safest when they have it before they quit the offending job. A good attorney can take a look with a wider lens at a situation like this. This Answer is posted for general informational purposes only. It is not designed as legal advice to the questioner. Any instances of the word “you” are meant in the third person. All individuals are counseled to seek the advice of an Attorney before basing any action on any information posted herein.
Q. I have child support court tomorrow. Anyway my ex petitioned the child support court in 2016 i never new about it and
A: It is hard to tell exactly what the basis for avoiding the child support order would be under this scenario. If a person is not making as much as they used to, they should immediately petition the Court to recalculate the obligation. A judgment can, in some circumstances, be adjusted down retroactively to the date of that filing once the Judge makes an order. If a person's spouse never obtains a child support order, then it is hard to see why anyone would claim arrears on a non-existent order. In these situations it is important to have an experienced lawyer sort through the complications of the child support dispute and get to the bottom of what a person might owe. The attorney can also, as stated above, make sure that no one is getting paid more than what the child support calculator is showing. Generally speaking, the child support order is effective unless there is a change of circumstances financially and that has been adjusted into the current paperwork. Since the support order is, at least in theory, for the benefit of the children, malfeasance or contempt by one party unrelated to the substance of the Order is unlikely to change the outcome of the Child Support Proceeding. Some people send their ex monies outside of the Child Support Clearinghouse. This is not recommended. It can be difficult to credit these transfers because they may not be well documented, or might be classified as voluntary gifts made in addition to child support. It is important to have bank records evidencing any such transfers submitted to the Court in an organized way so that the Judge can perhaps credit those transfers. A good attorney can help you with that aspect as well. If there were any wire transfers, use of a special ATM card, or simply checks that document payment of child support, a person might be able to persuade a Judge to credit some or all of those transactions against the arrears. This Answer is posted for general informational purposes only. It is not designed as legal advice to the questioner. Any instances of the word “you” are meant in the third person. All individuals are counseled to seek the advice of an Attorney before basing any action on any information posted herein.
Q. My roommate has multiple personality disorder and she was taken from the parking lot at casino arizona to scottsdale
A: This may be a HIPPA issue. A person who is involuntarily committed has privacy protections which means that individuals without Release of Information paperwork may not be able to access the records. Her husband may be better able to obtain certain directory information. HHS.gov explains that "the HIPAA Privacy Rule at 45 CFR 164.510(b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient’s care or payment for health care. If the patient is present, or is otherwise available prior to the disclosure, and has the capacity to make health care decisions, the covered entity may discuss this information with the family and these other persons if the patient agrees or, when given the opportunity, does not object." Sometimes medical facilities simply do not communicate information becaues they believe there may be some HIPPA violation, or the patient does not want the information out. A patient may have also been transferred to a different facility based on bed availability without being officially checked into the first facility, but one would expect a paper trail under those circumstances. A patient can also be held for up to two weeks without much in the way of due process while they evaluate a case where there are allegations that a person is Persistently and Acutely Disabled, Gravely Disabled, a Danger to Others, or a Danger to Self. This Answer is posted for general informational purposes only. It is not designed as legal advice to the questioner. Any instances of the word “you” are meant in the third person. All individuals are counseled to seek the advice of an Attorney before basing any action on any information posted herein.
Q. How long in an AZ appeal with the dependency court do you have to file a reply to a reply brief of an atty general?
A: This request is a little vague. In most circumstances the Parents appeal from the decision of the lower court, thus they file their appeal, the Attorney General files an Answering (Response Brief), and the Parent then gets the last word with a Reply Brief. See Rule 106 of the Arizona Rules of Procedure for the Juvenile Court (ARPJC). I am assuming that the question refers to the A.G.'s Answering Brief, but provide a brief note if the questioner meant what they wrote. The Reply Brief must be filed within 10 days of service of the Answering Brief according to ARPJC 106(B)(3). You need to ask an attorney to know whether the extra five days for mailing is included in this time limit, because the safest course of action is to get it in within 10 days. Rule 6(c) of the Arizona Rules of Civil Procedure (ARCP) provides for 5 extra days for mailing depending on the type of service. Rule 43 of the ARPJC adopts ARCP Rule 6 for Dependency proceedings. The Rule 6 of the ARCP also provides for exclusions of time for 10 day deadlines under certain circumstances. The Appellate Court will often grant one timely requested extension of time by custom with good cause, and even if it is already late, it is best to at least try for an extension of time to file. In summation, you may have as many as 17 days, but 10 days is the sure bet. If one needs more than 10 days, they should file for an extension. The Appellate E-Filing Portal should have the deadline calculated by the Appellate Court itself under the e-filing for your case, if you are e-filing. You can also call the Clerk of the Appellate Court for the division you are in. They can give you deadline information specific to your case. Bear in mind that it is not necessary to file a Reply Brief pursuant to ARJCP 106, but if you do not file a Reply Brief the Rule calls for the party to give notice to the Court that they do not intend on filing a Reply Brief. If a case were appealed by the Attorney General and they filed a Reply brief that raised new issues or contained improper argument or somesuch, you would seek leave from the Court to file a Sur-Reply or Motion to Strike as soon as possible and state the reasons why. This would normally be quite rare. This Answer is posted for general informational purposes only. It is not designed as legal advice to the questioner. Any instances of the word “you” are meant in the third person. All individuals are counseled to seek the advice of an Attorney before basing any action on any information posted herein.
Q. I know I was illegally pulled over because of racial profiling. How do I fight back?
A: Generally speaking, it is extremely hard to fight racial profiling. Many people facing criminal charges want to use a civil rights violation as leverage against the State in a prosecution. This is unsuccessful in the vast majority of cases. The best cases have the best evidence. If you recorded the encounter with the police yourself and the officer uttered racist epithets or admitted that he or she pulled you over based on race, you may have a good case. In the criminal, or traffic case, you can allege that the stop was for an improper purpose if there was no other overt reason for the Officer to pull you over. To fight these cases without some overt action by the officer showing that the stop was racially motivated, you need discovery. The first step most people take is to ask the law enforcement agency for the dashcam or bodycam video in writing and by telephone. It is disheartening to say, but when a person is alleging some police misconduct, the dashcam was often "in the shop" at the time of the stop. Policies on the use of cameras are different from agency to agency, but some agencies are now requiring bodycams all the time, so there is progress in some places. Some attorneys request or subpoena various records of the police department that engaged in the traffic stop and have an expert parse the statistical data of all the stops over the last year or couple of years for a showing of a pattern of racism. You can also parse the data of that particular officer that made the stop. The term "expert" generally flags that the litigation is getting expensive. These are tough to impossible cases and a lot of clients have high expectations and pour a lot of money into a claim. Oftentimes the evidence and attorneys simply cannot meet these high expectations. Ultimately, if there are Civil Rights abuses taking place, especially blatant ones, then it is best if someone raises that alarm to prevent the pattern of misconduct from continuing to take place. You will need a good Criminal Defense Attorney to go over the evidence and evaluate whether or not the stop was constitutional. This Answer is posted for general informational purposes only. It is not designed as legal advice to the questioner. Any instances of the word “you” are meant in the third person. All individuals are counseled to seek the advice of an Attorney before basing any action on any information posted herein.
Q. If my babys father was caught with a meth pipe and weed on him and i was charged for DV is CPS going to be invovled??
A: This is a difficult issue. The removal of a child in Arizona is governed under A.R.S. Sec. 8-822 which gives the Department the onus of making rules of when a child is removed from the home. CPS may become involved at some point, but might not. If it is a misdemeanor DV charge, then your ability to physically be around for the child will not be impaired. Having both parents in jail creates a precarious situation for parental rights. The Father will likely have to go to Court and will have to wait to see what his sentence is. If he has a lot of prior felonies he may have a higher likelihood of ending up in prison. The grounds for permanently removing a child are found under A.R.S. Sec. 8-533. A person in that position is generally are a long way from that outcome at this time, but addiction or violence could continue to pave that road. DCS will often do what is known as an "in-home dependency" if they suspect abuse or neglect. Sometimes when drugs are found within reach of a child, or a child witnesses the domestic abuse, DCS will take some actions to monitor the situation or take temporary custody of the children. Oftentimes they do nothing. If drug addiction is suspected, they will often have parents engage in counseling and other services to help them overcome those challenges. Mandatory drug testing is often part of this, so parents who cannot kick the habit after several months (depending on the age of the child) and continue to have dirty drug tests multiple times often lose their kids. Many parents in this situation are better off when they have a contingency plan in place. If there is a trusted relative who can help take care of the children and find a safe place for the children while a parent sobers up, obtains psychological treatment, or works on other aspects of improving themselves, like working, this can avoid or limit the involvement of DCS. If a parent cannot overcome their addiction or is facing a long felony prison sentence, they might think about guardianships or other mechanisms to make sure that their children go to the relative they prefer. DCS tries for reunification of the parent and child and if that is not possible they generally try for a kinship or close family friend placement. This post is meant as general advice only. This advice is not to be viewed as specific advice for the questioner. All readers should be advised to consult with an attorney to clarify or expand on the answer.
Q. Family law - called into court as respondent and was not put under oath but made a false statement. What now?
A: This is a tricky question and the facts provided do not provide enough to really flesh this out. If you are being charged with fraud or perjury, you should bring a question like this to the criminal forums. It sounds as though you might have just been mistaken and did not mean to make the statement, and thus the knowing element is not available. It is unclear what the level of the false statement was. If it was perhaps I will be in the hospital until Wednesday and you knew you would be out on Tuesday, it is unlikely that any party will raise a substantive claim. In any given family law dispute there can be dozens of materially false statements that are relatively minor, hard to prove, and ultimately not entirely relevant to the outcome. Judges do not generally think much of them. A person can be charged with perjury or fraud in a variety of situations though, so it is best to keep lying out of the Courtroom. A.R.S. 13-2702 provides that a person commits perjury when they give "[a] false unsworn declaration, certificate, verification or statement in regard to a material issue that the person subscribes as true under penalty of perjury, believing it to be false." Whether or not you were under penalty of perjury is a question for your attorney as that would be a Class 4 Felony. A cursory examination of the case law does not show much in the way of appellate cases dealing with situations such as yours arising out of unsworn testimony in a civil matter. More research may be warranted if you wanted to know for sure. However this leads into A.R.S. 13-2704. This statute generally has been discussed at the appellate level in Arizona in a criminal contexts, except for a couple of enterprising attorneys seeking to use the statute for a tort. However it does provide that it is a Class 1 Misdemeanor in "[m]aking any statement that he believes to be false in regard to a material issue to a public servant in connection with any official proceeding as defined in section 13-2801." A.R.S. 13-2801 provides that an "official proceeding" means a "proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath." Any statute punishing courtroom behavior may also be subject to Judicial permission for the State to pursue, as it may be an interference of the Legislative or Executive branches into the operation of the Judicial branch. There could be some contempt charges and it could affect the outcome of your case based on the Judge's view of your credibility. If the Judge knows affirmatively that you have lied in the past, that may make the Judge less likely to believe you in the future. These are issues to discuss with your attorney to see if you might want to address them with the Court to attempt to restore your credibility so you can better present your case. A person in this position would need to consult with an attorney. This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post. "You" is meant in the third person.
Q. How do I go about selling a piece of property with a life estate attached to it?
A: This will generally work the same as any other real estate transaction, with the exception that the sales contract and deeds will reflect the presence of a life estate. Without knowing too much concerning the details, you simply sell your "vested remainder" that it is understood you possess. The deed(s) will reflect that the current occupant has a life estate and that the interest you are selling is subject to that life estate. The contract will reflect that the buyer knew that he was getting a "vested remainder" but you might also want to confirm his understanding in an email.
Q. If I accidentally find myself on a child erotica site. I reported the site. Is this a legal problem?
A: It is an interesting legal issue. We must first look to the statutes to understand what erotica is and how a person might commit the offense of sexual exploitation by possessing such erotica. A.R.S. Sec. 13-3553 Provides that "A person commits sexual exploitation of a minor by knowingly:...receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive [sic] exhibition or other sexual conduct...Sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705." If it were a class 2 felony offense the first image could be five years, with someone with no historical prior felonies, and every image after that would carry a presumptive sentence of about 9.25 years. There are often sentences going for long over a hundred years that have been upheld in Arizona for possessing multiple images. The sentencing is different under A.R.S. 13-705, which generally will make that a little longer. In any event, you must then look to whether or not the image constituted "sexual conduct." A.R.S. 13-3551 provides guidance: 10. "Sexual conduct" means actual or simulated: (a) Sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex. (b) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. (c) Sexual bestiality. (d) Masturbation, for the purpose of sexual stimulation of the viewer. (e) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer. (f) Defecation or urination for the purpose of sexual stimulation of the viewer." There may be other relevant statutory provisions to analyze whether or not the image itself was exploitative. However, you must also possess the image knowingly, and this would be up for argument as to whether it was accidental or not. Finally, A.R.S. Sec. 13-3553 provides a safe-harbor for those that are reporting an image under certain circumstances. It provides in part: "It is an affirmative defense to a prosecution for a violation of section 13-3553 that on discovery a person in good faith reports the discovery of unsolicited suspected visual depictions involving the sexual exploitation of a minor." Therefore, if you were charged with the crime, you would want a lawyer to develop your case along those lines. There is also a question of how law enforcement would be notified of your potential charges in the first place, as your question appears to be hypothetical in nature. If you were charged with a Class 2 felony and were facing multiple centuries in prison, you would most want to hire an experienced criminal attorney to handle your case. This post is meant for informational purposes only. No lawyer client relationship is made and no advice is intended to be relied upon. Any information contained herein should be confirmed with an attorney in a formal consultation.
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