Civil Rights Questions & Answers by State

Civil Rights Questions & Answers

Q: What is reference 39 under the public trial section of this website?

1 Answer | Asked in Civil Rights for Florida on Jan 18, 2012

Answered on Dec 12, 2014

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Robert Jason De Groot's answer
I have no idea, except that Chapter 39 of Florida Statutes deals with juveniles.

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Q: If a judge commits a legislative act by making it a crime to enter a public place is she protected by judicial immunity?

1 Answer | Asked in Civil Rights for Florida on Dec 3, 2013

Answered on Dec 12, 2014

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Robert Jason De Groot's answer
Your problem is manyfold. You will probably need to pay an attorney an ungodly amount of money if you even have a case, which you probably do not.

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Q: How long does the DA have to respond to a court order?

1 Answer | Asked in Civil Rights for Florida on Jan 1, 2014

Answered on Dec 12, 2014

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Robert Jason De Groot's answer
It depends upon the facts, none of which we know, and what the order says which we do not know either.

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Q: After someone has been tried, convicted and sentenced two months ago, can the prosecutor amend sentence.

1 Answer | Asked in Civil Rights for Florida on Jun 23, 2014

Answered on Dec 12, 2014

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Robert Jason De Groot's answer
The prosecutor can make a motion to amend the sentence, which is very rare indeed, but the prosecutor cannot just amend a sentence, that has to be done by the judge.

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Q: If i had autism, and my rights were violated, what kind of lawyer would i need?

1 Answer | Asked in Civil Rights for Florida on Dec 3, 2014

Answered on Dec 7, 2014

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Keith Petrochko's answer
I suppose that would depend on the type of violation you are talking about. If it's a civil rights issue you would need a civil rights attorney.

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Q: I have a family member in coalinga state hospital and his bunk was searched while he was away. When he asked the officer

1 Answer | Asked in Civil Rights for California on Dec 3, 2014

Answered on Dec 3, 2014

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Andy Chen's answer
I've never looked in to it for a state hospital, but I imagine the logic is the same as used in prisons and jails: in a state hospital, personal privacy is greatly reduced in order to make sure everyone (staff, patients/inmates, etc) are safe and the entire facility is secure.

If I'm right, what the officer said is correct: they can search anywhere at any time and don't have to tell you why.

Andy

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Q: can I sue someone in Florida for punitive damages for spitting in my face under intentional misconduct. chrgs were filed

1 Answer | Asked in Civil Rights for Florida on Jun 3, 2014

Answered on Dec 1, 2014

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Keith Petrochko's answer
This isn't a civil rights issue.

Can you sue- sure. You can sue anyone for almost anything. However, you will just be throwing your money away because this isn't a winning case. You should also keep in mind that this isn't the type of issue attorneys accept a contingency fee for, so expect to pay upfront.

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Q: Can a 6th grade class be searched with hand held metal detector wands randomly with no reasonable suspicion

1 Answer | Asked in Civil Rights for Ohio on Oct 8, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
Depends on who is doing the searching and what the policy behind it is. A school policy requiring random metal detector screening or screening of all students entering the building would likely be upheld as a reasonable safety measure. If the screen procedure singled out a certain group of students by race, gender, national origin, or other suspect categories, it may not have been legal.

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Q: my 15 year old daughter got expelled it was her first time in a altercation in her life can I fight this?

1 Answer | Asked in Civil Rights for Ohio on Oct 9, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
You may wish to retain a lawyer for your daughter. There are lawyers who specialize in administrative proceedings in schools, universities, and employment related disputes. However, if she was involved in a physical altercation, the school is generally within it's rights to suspend or expel.

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Q: can a police draw guns on you and I never pulled you over with sirens

1 Answer | Asked in Civil Rights for Ohio on Oct 20, 2014

Answered on Oct 28, 2014

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Matthew Williams' answer
The police can draw their weapons anytime it is reasonable necessary to secure the cooperation of a suspect or protect the police and public from a potential threat. There is no requirement that police use sirens first.

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Q: Why would a defendant in a Federal Civil rights Action be named as John or Jane Doe?

1 Answer | Asked in Civil Rights for Virginia on Oct 14, 2014

Answered on Oct 17, 2014

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Mr. Andrew T. Bodoh Esq.'s answer
Because the plaintiff does not know the name of the real party.

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Q: Must a plaintiff file a motion to get copies of her exhibits from federal court?

1 Answer | Asked in Civil Rights for California on Jun 13, 2014

Answered on Jun 14, 2014

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Charles Snyderman's answer
You should call or visit the clerk's office and ask them what they require.

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Q: Can an autistic adult be questioned by police after an arrest without a lawyer present?

1 Answer | Asked in Civil Rights for Alabama on May 9, 2014

Answered on May 20, 2014

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William E. Scully Jr.'s answer
Maybe. Not all people with autism are incompetent. They talk about the 'autism spectrum.' This means that there are people with a wide variety of capabilities who are afflicted with autism. What you are really asking is whether the police can question a person who is mentally handicapped without the presence of a lawyer. The answer is still, 'Maybe.' Everything is going to depend on the reasonableness of the police actions. A person cannot be compelled to give evidence against himself....

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Q: Can a police search my room without a search warrant

1 Answer | Asked in Civil Rights for Alabama on May 16, 2014

Answered on May 20, 2014

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William E. Scully Jr.'s answer
Maybe. They can search your room if you are living with your parents, and they consent to the search. If YOU consent to the search they can search it. If they are in 'hot pursuit' they might be able to look around in your room. If they are arresting you legally, they can look around (although a full search might not be allowed). Of course, for the most part police cannot search you or your 'person, houses papers or effects' without a search warrant. There are a number of exceptions to...

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Q: How do you request a pretrial motion?

1 Answer | Asked in Civil Rights for North Carolina on Apr 23, 2014

Answered on May 11, 2014

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Rachel Lea Hunter's answer
You do not request a pre-trial motion. You file it. What kind of pre-trial motion would this be? The common ones are motion for default judgment (if no answer is filed), motion for judgment on the pleadings (if an answer is filed but there is no need for discovery) or a motion for summary judgment (if the discovery shows there is no disputed issue of material fact). Other than there could be a motion in limine (sometimes this comes up at trial but I suppose it could arise pre-trial) or...

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Q: Will my lawyer let me know what's going on with my civil rights lawsuit

1 Answer | Asked in Civil Rights for Georgia on Sep 4, 2013

Answered on Sep 6, 2013

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Paula J. Mcgill's answer
This is question you need to ask your lawyer. As a general rule, lawyers should give clients updates on major activities. However, don't wait for your attorney to contact you. If you haven't heard from him/her in 2-4 weeks, check in and ask for a status update. However, you should keep in mind there are lulls in cases. If the attorney uses e-mail, this may be more convenient for both sides. If your attorney refuses to give you an update, you should consider finding another attorney.

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Q: How long does it take for a civil rights case to go to court

1 Answer | Asked in Civil Rights for Georgia on Jul 20, 2013

Answered on Jul 27, 2013

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Paula J. Mcgill's answer
There isn't a set time for a trial if that's what you are referring to in your question. It may be a year or more or never. In most cases, the defendant files for summary judgment to get the case dismissed. Other cases are settled before trial. Therefore, the case may never reach trial.

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Q: Fl Dept. of Rev. is blocking me from getting my child support because I receive Food stamps, I'm the custodial parent.

1 Answer | Asked in Civil Rights for Florida on Jun 16, 2013

Answered on Jul 5, 2013

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Robert Jason De Groot's answer
This will require the hiring of an attorney to help you. You should consult with an attorney in your area. Please take copies of all relevant documents with you. Many attorneys give free conferences for family law matters.

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Q: Is it legal to flick off a cop and curse at him?

1 Answer | Asked in Civil Rights for Florida on May 1, 2013

Answered on Jul 5, 2013

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Robert Jason De Groot's answer
If you flick off a cop and curse at him, aren't you asking for trouble? While some can argue freedom of speech, you cannot go around shouting fire in a crowded theater or yelling obscenities at cops.

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