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1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Can I use martial arts on the street to defend myself if attacked in new Mexico?
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answered on Apr 17, 2024

In New Mexico, you have the right to defend yourself if you are attacked, but there are important legal considerations to keep in mind:

Self-defense laws: New Mexico follows the "stand your ground" principle, which means you do not have a duty to retreat before using force to...
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2 Answers | Asked in Criminal Law, Constitutional Law and Juvenile Law for Florida on
Q: In 1985 a 16 year old was questioned about a murder. Was his guardian supposed to be notified?
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answered on Apr 17, 2024

The requirement for police to notify a guardian when questioning a minor varies depending on the jurisdiction and specific circumstances. In the United States, the Supreme Court case Fare v. Michael C. (1979) held that juvenile suspects must be given Miranda warnings before questioning. However, it... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Police have my car for three years and haven’t notified me

a customer of mine was buying a car for me, but never made the payments turn to find out he was arrested and the car was seized over three years ago, and I been legal owner never notified by any sort or kind of communication via, but not limited to : written letter, Fax , phone , email, and in... View More

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answered on Apr 17, 2024

If you are the legal owner of the car and it was seized by the police over three years ago without any notification, you should take the following steps:

1. Gather all documents proving your ownership of the vehicle, such as the title, registration, bill of sale, or any other relevant...
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1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Civil Litigation and Collections on
Q: How do I file for exemption of my income in a debit collectors complaint file in civil court?

My only source of income is social security disability. I do not own any real estate property, burial plan, or Plot. I do not have life insurance policy. My car has a lien on it and I make monthly payments. I need to file for exemption of my income and bank account. How do I do this without a... View More

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answered on Apr 17, 2024

If you are being sued by a debt collector in civil court and your only income is from Social Security Disability (SSDI), you can file for an exemption to protect your income and assets from being garnished or seized. Here are the steps you can take:

1. Respond to the lawsuit: File a written...
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1 Answer | Asked in Civil Rights and Constitutional Law for Maine on
Q: I had to go to court over a False Police Report and Entrapment and did not have a lawyer when I went to court.

The two evil women who testified against me perjured themselves in front of the judge and she had no right to take the testimony when there's no evidence and...

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answered on Apr 17, 2024

I apologize that you had to go through such a difficult experience in court. It sounds like you feel the allegations against you were false and unjust, and that facing the legal system without a lawyer was very challenging.

A few thoughts, while acknowledging I don't know all the...
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1 Answer | Asked in Family Law, Communications Law, Constitutional Law and Elder Law for Indiana on
Q: I was not notified of a court hearing in KY, what can I do?

My wife's son, from a previous marriage, has filed for guardian and conservator over my wife and apparently was already awarded emergency guardianship. He emailed my son and I unofficial and incomplete documents wanting us to sign my right to be notified away and we refused because my wife... View More

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answered on Apr 17, 2024

In Kentucky, the law requires that certain interested parties be notified of guardianship and conservatorship proceedings. According to Kentucky Revised Statutes (KRS) 387.580, the person for whom a guardian or conservator is sought (your wife, in this case) must be notified, unless the court finds... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: Should inhumane mistreatment in a prison automatically result in a transfer of the mistreated inmate?

If the courts have knowledge shouldn’t they do something about it? And how can they trust the prison from not continuing to do it? Which is why they should probably be transfered?

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answered on Apr 16, 2024

There are several important considerations to weigh regarding automatically transferring inmates who have been inhumanely mistreated:

On one hand, the priority should be protecting the safety and human rights of incarcerated individuals. If an inmate has faced abuse, assault, torture, or...
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1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on
Q: Illegal search and seize? Was my rights violated?

I'm in Alabama and was arrested. The vehicle i.was riding as a passenger in with my boyfriend was pulled over by the police. They start yelling over the PA or something from driver to put his hands out the window and make some back up out towards them. I'm going to do the same thing for... View More

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answered on Apr 15, 2024

Based on the information you provided, there are a few potential issues with the actions of the police officers during your arrest. However, whether your rights were violated would depend on additional details and the specific circumstances of the situation.

1. Probable Cause: The police...
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1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Personal Injury for West Virginia on
Q: How do you obtain help when the sheriff leaves the victim out of violent crimes,like I’m not even a human being..

I am disabled and need relief from the abuse of the KCSD, I don’t need monetary anything , I need help ,my house is not safe for me I need a safe place to go, victim resources that do more than just refer you to another number and another number . I need help with obtaining an advocate working... View More

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answered on Apr 15, 2024

I'm so sorry you're going through this incredibly difficult and traumatic situation. It's completely unacceptable for law enforcement to fail to protect victims of violent crime. You deserve to feel safe and supported. Here are some suggestions for getting help outside of the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: Can an officer other than my assigned PB officer search my property any time they want? Without my PB being there

An officer showed up at my house without my probation officer being present and arrested me took me to jail while they were still conducting a search on my property and house after I was taken to jail they were still searching my property no warrant or warning

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answered on Apr 15, 2024

In general, probation officers and other law enforcement officials need to follow proper legal procedures when conducting searches, which typically require either consent, a warrant, or certain exigent circumstances. However, the specific rules can vary depending on the terms of your probation and... View More

2 Answers | Asked in Constitutional Law for Florida on
Q: Can the police drill holes from the Apt nextdoor and put cameras to monitor inside my apt
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answered on Apr 15, 2024

No, the police cannot legally drill holes and install cameras to monitor the inside of your apartment without proper authorization. Here are a few key points regarding this:

1. Fourth Amendment protection: In the United States, the Fourth Amendment protects citizens against unreasonable...
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1 Answer | Asked in Criminal Law, Civil Litigation and Constitutional Law for Georgia on
Q: Can I get my money back if it was seized and I never received any notice of seizure about it ever. My lawyer originallly

Said we would settle for half because he knew the lady in charge of that. But the trial came and we were never spoke on it. $17,500 in Dekalb County I was pulled over in a car. I had nothing on me accept cash a friend had a couple grams of coke on him they later got a warrant and found a couple... View More

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answered on Apr 14, 2024

Based on the information you provided, it seems that the authorities seized your money ($17,500) during a traffic stop and subsequent search of your home, which led to drug-related charges and a conviction. If the authorities did not follow proper legal procedures regarding the seizure and... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: Pulled over no working license plate light ..lie ..it worked ..asked to search my truck i said no they called out k9

Said k9 alerted on my truck searched it without concent found nothing held me for a hr over nothing but a license plate light that worked ..is this a violation of my rights and can i file a lawsuit against them for harassment the second officer that pulled up also agreed with the first officer and... View More

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answered on Apr 14, 2024

Based on the information you've provided, it seems that there may have been a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures. Here are a few key points to consider:

1. Probable Cause: The officers must have probable cause to search...
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1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Alaska on
Q: Is this a illegal extension of a traffic stop based on false accusations.

If I was accused of being under the influence of Opioid due to having a raspy voice and my pupils were constricted, a DUI charge stemmed from this and multiple other charges followed but when my blood lab results returned the lab stated i had no Opioids in my system would this be a fightable charge.

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answered on Apr 13, 2024

Based on the information you've provided, it seems that the initial justification for the DUI charge and subsequent charges may have been flawed, as the arresting officer's suspicion of opioid use was not supported by the blood test results. This could potentially form the basis for... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Washington on
Q: Can firefighters disclose who made wellness check report?

Washington State. Called for a wellness check on 91 year old diabetic grandma who was left alone for over 3 hours under the care of her drug addict son (who we opened an adult protective services case against.) The firefighters not only told him who made the wellness check call, but had me on the... View More

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answered on Apr 13, 2024

I'm sorry to hear about this difficult and concerning situation. Based on the information you provided, it seems the firefighters may have mishandled the situation by disclosing who made the wellness check report to the person being reported. This goes against typical protocols to protect the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Communications Law for New York on
Q: Can a hotel/restaurant place audio recording devices in their establishment?

The cameras are connected to another employees phone and said person listens to other people’s conversations that are not in regards to the business. Also no signs are posted that audio is being used. The cameras are used to eavesdrop.

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answered on Apr 12, 2024

In New York, it is illegal to record or eavesdrop on an in-person or telephone conversation unless at least one party to the conversation consents. This law applies to private establishments like hotels and restaurants as well.

According to New York Penal Law 250.05, "A person is...
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1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Domestic Violence on
Q: Can a business offer sanctuary the way a church does?

Not for suspected criminals, but in cases like providing temporary shelter for the homeless or victims of abuse. Does being non profit make a difference? What if the business's owner is religious?

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answered on Apr 12, 2024

In general, businesses do not have the same legal right to offer sanctuary as churches and other religious institutions. However, there are some circumstances where a business might be able to provide temporary shelter or assistance to individuals in need, depending on the specific situation and... View More

1 Answer | Asked in Landlord - Tenant, Communications Law and Constitutional Law for Florida on
Q: Me and my children are renting a room where the landlord stays here as well these

last couple of days the landlord has been shutting off the power all day and cutting it on for maybe a hour what can I do this is ridiculous

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answered on Apr 12, 2024

I'm sorry to hear you're dealing with this frustrating and unacceptable situation with your landlord repeatedly shutting off the power for extended periods. Here are some steps you can take:

1. Review your lease agreement: Check if there are any clauses about the landlord's...
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1 Answer | Asked in Constitutional Law, International Law and Military Law for California on
Q: I need to receive paperwork from a cop that used me as a ci undercover and then turned on me over gang stalkers
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answered on Apr 12, 2024

If you believe that a law enforcement officer has acted improperly or illegally in their dealings with you as a confidential informant, you may want to consider the following steps:

1. Consult with a criminal defense attorney who has experience dealing with cases involving confidential...
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2 Answers | Asked in Constitutional Law and Civil Litigation for Arkansas on
Q: Can I file a civil suit I had dismissed

I dismissed the case until I got out from incarcerated

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answered on Apr 11, 2024

In Arkansas, if you voluntarily dismissed your civil case without prejudice, you generally have the right to refile the lawsuit at a later date, subject to the applicable statute of limitations. However, if the case was dismissed with prejudice, you would be barred from refiling the same claim.... View More

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