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Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Texas on
Q: Someone I know is stating he lives with me but doesn't. I have stuff here because he went to rehab. What do I do?

My friend went to rehab and got kicked out. We were allowing him to stay until his grandfather's funeral. We found out he stole some of my step-father's pain medication. When he was asked to leave he got violently upset, stated he lived here because he has stuff here. He's stating I... Read more »

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

Under those circumstances, you should formally evict him. Since there was no agreement as to rent, you need to give him 30 days advance written notice of the termination of any tenancy rights he may have. If he doesn’t leave by then, you will need to file an eviction case in your local justice... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Indiana on
Q: Indiana on the affidavit for arrest if the police say they advised us of our Miranda rights , but never did.

On top of saying I made a statement and never did. With no bodycams on a knock & announce search warrant. What are my options

James A Hanson
James A Hanson
answered on Jan 30, 2023

Whether or not you were read your Miranda rights is a question of fact that your attorney needs to review during discovery in your case. Likewise, whether or not you made a statement is a question of fact that should be explored.

The vast majority of warrants are "knock and...
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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: Why do Attorneys on this "FREE LEGAL HELP FORUM " website tell us "Not to talk about the details "

Don't talk about the details of our case? In my situation after 3 yrs and 2 attorneys and NEVER HAVE MY QUESTIONS BEEN ANSWERED!! NOT EVEN HERE!! My questions are basically about procedures in a criminal case in ELKHART INDIANA. HOME OF THE WOLVERINES!! #1 in wrongful convictions &... Read more »

James A Hanson
James A Hanson
answered on Jan 30, 2023

This is a public forum, so there is no attorney-client privilege to anything posted here. Additionally, if you are a friend or family member sharing details about another person's case, you are also providing information publicly that the prosecution can use in their investigation and trial... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: indiana rules When executing a knock and announce search warrant are bodycams excluded? Why?

The police never gave the signed warrant to the clerk to file. Took 11 months to return the warrant and it's not the same cause number. Also no bodycams? Why

James A Hanson
James A Hanson
answered on Jan 30, 2023

First, body cams are not required by law, so there is nothing abnormal or problematic with not having body cam video in discovery since not all officers are equipped with body cams.

Second, it is not uncommon for search warrants to be obtained under a unique cause number and not in the same...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: I want to start a band and I was wondering if bars would have to hire me sue to discrimination?

A lot of people in my experience don’t want to hire me for anything at all and I’ve also seen some horrible bands play, others just have a stage going to waste. I really would be a musician if I can get hired. Your thoughts on how to get hired por favor?

Neil Pedersen
Neil Pedersen
answered on Jan 30, 2023

Being treated differently from others is discrimination, but that discrimination only becomes unlawful if the reason for the difference in treatment is your membership in a protected class of people, such as your race, national origin, religion, etc. Suing a bar because it does not hire you would... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Indiana on
Q: What can I do if the judge and refused to let my husband show innocence and refused to let him speak at all in court

My husband was charged with a crime and the judge and prosecutor refused to let him show any proof of innocence at all and never once let him speak in court?? He got sentenced to 5 years and he has all the proof including a polygraph test given to him by a private investigator and 11 witness... Read more »

James A Hanson
James A Hanson
answered on Jan 30, 2023

Unfortunately, at this point there is a judgment of conviction and the time to appeal has passed.

There is clearly a lot to this situation that you did not and should not share on this public forum. You need to discuss the possibility of Post-Conviction Relief with a new attorney to see if...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I was let go on self-defense how long does the police have to make a decision on if I’m going to be charged or not?

I was never arrested, I was taken in for questioning and was let go the same night. I didn’t have to bail out.

Jonathan Blecher
Jonathan Blecher
answered on Jan 29, 2023

Prosecutors will make that decision.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on
Q: Final Judgements from a State Supreme Court.

Good Afternoon,

If a case is brought for review to a State Supreme Court, if the losing party chooses to, would the losing party be able or perhaps allowed to reargue to the respective circuit appellate court?

I understand that the State Supreme Court is the highest court in that... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

The US Supreme Court is the next stop if the legal question involves a federal law or the U.S. Constitution

1 Answer | Asked in Civil Rights for Texas on
Q: Is it illegal in texas for a minor (16) to lift up shirt and show bra without trying to arouse anyone.
John Michael Frick
John Michael Frick
answered on Jan 28, 2023

No. Texas is a “free the nipple” state. Bra or no bra, it is not illegal.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: i was pulled over because of an anonymous tip.

the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... Read more »

Sarah Gad
Sarah Gad
answered on Jan 28, 2023

Generally speaking, if a police officer has probable cause to believe that a car has drugs or other contraband, then they are permitted to stop the driver of that car and search it without a warrant. This means that they can temporarily detain you and bring in K9 dogs, etc. while they search... Read more »

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1 Answer | Asked in Constitutional Law and Civil Rights for Texas on
Q: In Dallas, TX can the police come inside of my hotel room without a warrant, if their probable cause is ..

My boyfriend who stays with me in this hotel room every day came back last night in a truck I’d never seen before, I figured it was his friends truck. The next evening he was leaving the parking lot of this hotel in the truck and the cops tried to stop him because apparently the truck was stolen.... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

If you are a registered guest and of the hotel and hotel staff has not taken any steps to terminate your occupancy, police generally have to secure a search warrant to enter and search your room unless there are exigent circumstances which would justify a warrant less search.

A boyfriend...
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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 28, 2023

You have potential claims against the arresting officer and his/her employer if your criminal case had any of the following outcomes: No Information, Nolle Prosse (or Nolle Prosequi), Dismissal by the Court, or Acquittal (not guilty verdict) by the Court. If you entered a no contest (or nolo... Read more »

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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Kevin John Mawn
Kevin John Mawn
answered on Jan 27, 2023

It is best to consult with a civil attorney who handles this type of claim.

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1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Washington on
Q: personal injury complaint filed against city jail, trial set but lawyer quits- does statute of limitations date change?

Complaint for personal injury filed in Wa State King County Superior Court, (previously filed in federal court on civil right violations) before Covid in 2019, no progress for 2 years. Depositions began in 2022 and trial date set, then lawyer withdraws only months before trial. Does the original... Read more »

Steve Dashiak
Steve Dashiak
answered on Jan 27, 2023

The statute of limitations doesn't change, but you should ask the defense counsel to agree to a change in the trial date. Defense attorneys are usually happy to delay proceedings. If not, the Court is usually pretty understanding. Just make sure you haven't passed the deadline for... Read more »

2 Answers | Asked in Civil Rights and Criminal Law for Kentucky on
Q: If someone is residing in a motel room, staff calls police due to marijuana odor. Police arrive and staff open door.

The police knocked but the elderly resident (65 yr old woman with 0 priors) is in bathroom and takes longer than they like to answer. Hotel staff key door and allow cops in. First question is this legal? They then found (allegedly in plain view) drugs.

Question 2: resident was visiting for... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 27, 2023

A person does not have a normal expectation of privacy in a hotel room like they would in their own home so the entry in scenario one sounds legitimate. I would contact the police about the missing property. They have more power and resources to investigate and if they end up charging an employee... Read more »

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2 Answers | Asked in Civil Rights and Criminal Law for Kentucky on
Q: If someone is residing in a motel room, staff calls police due to marijuana odor. Police arrive and staff open door.

The police knocked but the elderly resident (65 yr old woman with 0 priors) is in bathroom and takes longer than they like to answer. Hotel staff key door and allow cops in. First question is this legal? They then found (allegedly in plain view) drugs.

Question 2: resident was visiting for... Read more »

Timothy Denison
Timothy Denison
answered on Jan 27, 2023

The entry is probably legal bc of the smell of marijuana but the disposition of her property is clearly not legal. She needs to hire a lawyer and sue Ramada.

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Civil Litigation for Idaho on
Q: Police harassment file a civil lawsuit and sue for damages

I was pulled over on a highly bs traffic stop. So much so that my case is being dropped. The reason I was pulled over was because I was from oregon in idaho late at night. I've had several people comment on the fact that they were disappointed that they didn't find more Marijuana because... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

The question, the ONLY question is . . . did the officer have a "reasonable suspicion" that the driver of the car (son) had done something that the officer could give him a citation for? If the answer to that question is "yeah, the cop said my son was speeding but he never even gave... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Idaho on
Q: If I got pulled over in idaho for speeding but never got ticket for speeding but got poss of paraphernalia is that legal
Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

This is a good time to learn about Idaho and the 4th Amendment to the US Constitution. A police officer has been endowed with a limited amount of discretion. He is not required to ticket someone for the "reasonable suspicion" reason that he pulled him over for, but he should if he wants... Read more »

1 Answer | Asked in Education Law, Civil Rights and Health Care Law for Kentucky on
Q: What rights does the school have to call my child’s doctor to ask information about appointments, missed appointments

My child is on home hospital due to him being sick a lot. I found out that the school called my sons doctor questioning the home health reason and asked when his appointment was and the doctor openly told them that we decided that it may be beneficial for my son to see a therapist the doctor openly... Read more »

Timothy Denison
Timothy Denison
answered on Jan 26, 2023

None whatsoever. Absolutely none.

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