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Civil Rights Questions & Answers
2 Answers | Asked in Criminal Law and Civil Rights for Maryland on
Q: Can Criminal Cases Be Dismissed If The Name Or Address On The Warrant Or Court Trial Is Incorrect /Misspelled.

Can Criminal Cases Be Dismissed If The Name Or Address On The Warrant Or Court Trial Is Incorrect /Misspelled.

Scott Scherr
Scott Scherr answered on Jun 22, 2021

A case will not be dismissed because of a typographical error or incorrect address.

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1 Answer | Asked in Criminal Law, DUI / DWI, Civil Litigation and Civil Rights for Ohio on
Q: If you're indicted on a felony 4 ovi, and you don't have enough ovis to have that indictment. What happens to your case?

Its actually 2 in ten years and 3 in 20 years is what the person has. The court is trying to drop it to an unclassified misdemeanor 1 and I don't see how that is even possible considering the indictment was signed by a grand jury for the Felony 4 ovi. You can't just change something... Read more »

Matthew Williams
Matthew Williams answered on Jun 21, 2021

They can and do amend charges all the time. It seems like an odd mistake to make owing to how simple it is to count years and convictions, but the mistake was made and so it has to be corrected. There's no violation of civil rights. The defendant gets a huge benefit here, why would he not want... Read more »

1 Answer | Asked in Civil Rights for Tennessee on
Q: Can the police take my gun for a domestic if it’s in my name and was not used to harm or scare alleged victim

My fiancé got physical with me and threatened to kill me so I call the police when they arrived we were outside and my firearm was in the house de cocked and unloaded she asked to see the fire arm then took it claiming it was for safekeeping then I was arrested on a domestic charge and I was the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

Yes... You need a competent attorney immediately. That Charge is worse than some Felonies. If this does not go right, you will have a permanent Firearm Disability.

1 Answer | Asked in Medical Malpractice and Civil Rights for Virginia on
Q: Is it legal to deny medical treatment to someone based on their disability or is it an ADA violation?

I was actively having an asthma attack and I went to urgent care and they denied me treatment because I couldn't put on a mask due to my breathing difficulties. They told me that if I didn't put on a mask, I had to go elsewhere for medical attention. They told me their hospital systems... Read more »

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman answered on Jun 21, 2021

Dear sir / ma'am:

I am so sorry about the poor care you received. Thankfully, it sounds like you didn't suffer a permanent injury as a result of their misdiagnosis - as you acted quickly to ensure correct care and treatment. As such, you would not likely have a financially viable...
Read more »

1 Answer | Asked in Child Custody, Child Support and Civil Rights for California on
Q: My 6year old child's father has had no contact entire life + no custody order exists. Never married wont give him back

Recently my sons father contacted me for the first time after not having heard a word from him three years and wanted to see my son. Prior to this he had only seen him twice when my son was three and then went to prison for two years. Legal paternity has not been established nor is his name on my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 20, 2021

You open with saying that no custody orders exist. If no custody orders exist then what the father is doing is not in violation of any court orders. That's why the police can't help you. File a parentage action and ask for sole legal and physical custody. Concurrently with your... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: Do I have the right to know what evidence was given to establish probable cause submitted to the judge in order to obtai

Do I have the right to know what evidence was given to establish probable cause submitted to the judge in order to obtain a search warrant? Can a police officer just tell a judge that he believes illegal activity is going on at so and so's residence with no basis or evidence for probable cause?

Kevin M Rogers
Kevin M Rogers answered on Jun 18, 2021

Yes you have the absolute right to know exactly what the police had given the judge before asking the judge to issue a search warrant. Your lawyer will make a Request for Discovery to the State. The State will send your lawyer the Affidavit of Probable Cause, which was typed up and given to the... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Securities Law for New Hampshire on
Q: Is the use of handcuffs or other restraint devices by security officers/guards allowed for detainment in NH

to control a combative/ assaultive individual who has or attempted to cause physical bodily harm to the guard/ officer or on another person. or is in the act of destruction of property where the security guard/officer is there to protect?

Leonard D. Harden
Leonard D. Harden answered on Jun 18, 2021

A security guard is authorized to use the same degree of force as anyone else. In other words being a security guard means that a person may use force that is reasonable to protect a person or property. Handcuffs do not require a license and are not considered deadly force. If a security person... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Land Use & Zoning and Small Claims on
Q: I need a form and i need to ask how to get the form from a attorney that can send one to mhmr by fax if the attorney can

I need a attorney that can help my with infomation of a form i need

Tim Akpinar
Tim Akpinar answered on Jun 18, 2021

A Texas attorney could advise best, but your post remains open for three weeks. I'm sorry you received no response, but an attorney could give you better guidance with some additional information about the type of form you need. There's no guarantee that all posts here are picked up, but... Read more »

1 Answer | Asked in Civil Rights and Personal Injury on
Q: Several of my civil rights have been violated by state workers who have illegally violated many of my Rights am I

Due any jusTice for any wrongdoing that has been done to me and my children

Tim Akpinar
Tim Akpinar answered on Jun 16, 2021

A Texas attorney could advise best, but your post remains open for two weeks. There wasn't a question mentioned in the description, nor was it fully clear what the matter involved. You could use the Find-a-Lawyer tab above to reach out to lawyers in the Pampa area to discuss in further detail,... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Law and Civil Litigation for Virginia on
Q: Am I eligible for compensation for VEC Employment Commission for damages for loosing my car and house

I’ve waited almost three months I had a outstanding error on my account it took me two months to get a hold of someone in the office. Got the account fixed called again to file said my claim couldn’t be processed because of an outstanding error on my account. Now I call and after the lawsuit... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 16, 2021

I do not handle employment law matters. Sorry.

Q: What does section one of the california constitution do? And does it have any legal binding

SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

(Sec. 1 added Nov. 5, 1974, by... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 15, 2021

The California constitution is binding on all people in the state, and provides the rights which are explained in this section. Anyone who interferes with your rights as set forth in this section may be held liable for damages which they cause you to suffer as a result of interfering with your use... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Gov & Administrative Law for Washington on
Q: Hello, it is Illegal to file an appeal with the State, if you have concrete evidence that you should have...

never even Filed one in the first place? Would this be considered a fraudulent appeal?

Thanks

Charles William Michaels
Charles William Michaels answered on Jun 15, 2021

I don't have the required information to answer this question. An "appeal with the State"? And "concrete evidence that you should never even filed one in the first place"? The question makes no sense to me. And I don't know any procedure for a "fraudulent... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Georgia on
Q: Do you intervenors have a right to continue case of defendant kills himself.

Modification of custody filed in District in which I was divorced two hours away from where me and my daughter currently live. Defendants parents intervened & got his visitation. Defendant killed himself. I still have to drive and pick up my daughter from her grandparents four hours round-trip... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

Meet with a family law attorney to map out your course going forward.

1 Answer | Asked in Civil Rights and Family Law for Florida on
Q: I need help I believe my civil rights have been violated by CPS

Hi my name is and I need some help CPS took my children without conducting a proper investigation...and had then split up and placed with family members..but when I ask about a case plan and when can I see them says I dont have a case plan and can't even get a chance to regaincustody...what... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 14, 2021

The State is required to give you due process with a plan to determine if you may regain custody. All you need to do to make sure you are receiving the process is that is due is to have an attorney represent you. If you can afford a private attorney, hire one NOW - search for attorneys handling... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: My daughter was jumped by 2 12 year olds and 2 people over 18, can I press charges on all of them?

The girl that’s over 18 spit in my kids face multiple times.

Matthew Williams
Matthew Williams answered on Jun 14, 2021

You can report the matter to the police. Its up to them and the prosecutor to decide whether or not to charge anyone.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: El Dorado County seized my firearm and never contacted me about it and I am a legal gun owner what can I do

My firearm was confiscated in June of 2020 and I was not contacted about it and still have not been contacted it was found on my friends property I was selling it to his wife for protection against the Bears and Wildlife El Dorado County Sheriff's Department performed a illegal search and... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 13, 2021

more info needed.

you need to make an appointment with a local criminal lawyer asap....I am in Palm Springs area

why have you waited a year?

there is a term in law......Laches.......which means if you sit on your rights you can lose them.

I would prepare a detailed...
Read more »

1 Answer | Asked in Civil Rights for California on
Q: hi does this office take cases for housing discrimination
Louis George Fazzi
Louis George Fazzi answered on Jun 11, 2021

This is not an office of any kind, just a place where you can ask questions for lawyers to answer.

If you need to make a housing discrimination claim, you need to go to the website for the California Department of Fair Employment and Housing (DFEH). Copy and paste this link in your browser:...
Read more »

1 Answer | Asked in Civil Rights for Tennessee on
Q: I just received a civil summons on 5-27-2021, with a court date on 6-11-2021. The summons was also issued on 1-11-2021

I feel as though the summons has expired past 90 days and I was not given proper notice before court.

Anthony M. Avery
Anthony M. Avery answered on Jun 11, 2021

Since it has been served, you could suffer a default if you do not appear in Court. That sounds like a General Sessions Warrant, so the Rules of Civil Procedure do not apply. Hire an attorney to defend you on the merits as it appears you have been afforded your due process notice.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: Police came to my residence w a search warrant I was never shown or given a copy of. Is this legal to do?

The residence in question has a different address than what they said was on the warrant. So this is 2 part questions. Are they required to show u the warrant and hand u a copy. And 2. The residence they seized drugs in was different than one on the warrant I never saw. Are these things legal and... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 11, 2021

These are questions that your defense attorney will address with you. I believe I know what you are thinking and why you are asking this question. If I am right, then the arguments that will need to be made will be argued later, down the road. The many facts that are so important are not known... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: What will my sentence be for simple assualt it's my second charge and I was intoxicated and mentally manic

Suffocated and drugged to the point I cannot sit up when I was taking the first time to jail. I do not want to go back to jail what can I do

Jermario L Davis
Jermario L Davis answered on Jun 10, 2021

Simple assault is a misdemeanor. As such, it carries up to 12 months in jail. I would suggest that you contact an experienced criminal defense attorney for representation. Furthermore, if you have been diagnosed with any kind of mental health disorders, gather that paperwork for your attorney -... Read more »

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