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Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Antitrust and Civil Rights for South Carolina on
Q: Is it against the law for a officer who wasn't at the incident on scene to write a false statement as if he was there?

The officer who wrote the incident report in my case wrote it out like he was there the whole time, which isn't true.

Also the inital thing I was being pulled over for was damage to personal property. i was charged with traffecking meth, possession of weed and ecstacy. Although I... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 17, 2022

Officer cannot write false statements. On the other hand this is personal to you and I would suggest that you have someone else, perhaps a lawyer you might hire, review the reports and see if his review reaches a conclusion which is the same as yours.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for California on
Q: In California, Are police officers allowed to tamper with or vandalize security cameras on private/residential property?

Police officers came to the home of my mother-in-law because her son was in violation of his probation. They [Police officers] entered our home and noticed our security camera and immediately disconnected it. When I asked why he did that, he said, "because we're supposed to. It's... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jan 16, 2022

You don't mention whether the police were given permission to enter the premises under the circumstances you described. Causing property damage during such a call at private property is not proper or legal, in my opinion. Disabling the recording system is one thing, but damaging the system by... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Discrimination and Legal Malpractice for New York on
Q: Do I have a case for false arrest & maliceous Prosecution?I was accused of commiting a crime and it got dimissed on 3030

I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... Read more »

Roy Warner
Roy Warner answered on Jan 15, 2022

Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.

1 Answer | Asked in Bankruptcy, Civil Rights and Employment Law for Louisiana on
Q: Hardships waiver MP police Digital government affairs Feedback: Open Data Policy (M 13-13) U.S. Department of Labor

Feedback: Open Data Policy (M 13-13) U.S. Department of Labor information data updating upgrading CareerOneStop Feedback Search Expand Career skills 14 days have passed without workers compensation Final decision letters mail alerts New Orleans federal end to end us court's Self and legal... Read more »

Timothy Denison
Timothy Denison answered on Jan 14, 2022

What is your question?

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Georgia on
Q: My s/o was picked up on a false warrant ,never had his Miranda rights read to him until after speaking with the d.a

He was also given paperwork to sign without counsel present under the assumption that it was the statement he had just made, but really he had unknowingly signed away his rights... He was incarcerated on 12/30/2021 where he has been held without bond( no bail hearing given) , or evidence,.. the... Read more »

Morris  Margulis
Morris Margulis answered on Jan 14, 2022

He needs to act fast to get Habeas Corpus relief. If he can get out of custody, he will be in a much better position to pursue his other claims involving this experience.

1 Answer | Asked in Family Law, Civil Rights and Landlord - Tenant for Ohio on
Q: How can I get someone to move out as quickly as possible?

They don't pay rent, they have no bills in their name. They do have msik that goes to that address in their name

Joseph Jaap
Joseph Jaap answered on Jan 14, 2022

You must evict them. Check your local court for the process, or use the Find a Lawyer tab to retain a local real estate attorney.

1 Answer | Asked in Family Law and Civil Rights for Michigan on
Q: How does one use genetic testing to prove paternity without a court order?

Is it true establishing that a positive genetic test is a conclusive method of determining paternity, if certain conditions are met and without requiring a court determination?

Brent T. Geers
Brent T. Geers answered on Jan 13, 2022

For legal purposes? You cannot establish paternity without court order, unless you are married to the mother at the time, or you both sign an acknowledgement of paternity.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Libel & Slander for Florida on
Q: What type of lawyer do I need to hire in a matter of being falsely accused by an individual and targeted by the person.

I've had an individual file report accusing me of things I have not done and know nothing about with the local state and fed. This guy is targeting me because he for she rain thinks I've slept with his girlfriend or whatever she is. I don't know if this girl is feeding him a bunch... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

Generally speaking, a criminal defense attorney would know best how to navigate the criminal justice system and analyze what is happening in order to tell you if any crimes are actually being committed against you.

2 Answers | Asked in Civil Rights, Contracts and Employment Law for New York on
Q: Settled a breach of employment contract. no payment till after I dismiss. Should i trust that? Shouldn’t i be paid firs?

I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Jan 17, 2022

I don't ever file a dismissal of an employment law claim brought by my client before the settlement is paid. The settlement agreement should have language discussing a procedure for you agreeing to withdraw within a certain amount of time after getting paid. If you did not have a lawyer when... Read more »

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2 Answers | Asked in Civil Rights, Contracts and Employment Law for New York on
Q: Settled a breach of employment contract. no payment till after I dismiss. Should i trust that? Shouldn’t i be paid firs?

I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 13, 2022

Typically it would be the way you say. Depends on what the dismissal would say.

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1 Answer | Asked in Civil Rights for California on
Q: My son civil matter. I signed the contingency Fee agreement For my son. over 18 do not have power attorney

forced into a settlement. doesn’t want to settle. attorney says he’s going to file a lien He is claiming he never signed the fee agreement.

Louis George Fazzi
Louis George Fazzi answered on Jan 12, 2022

There's not enough information to give you a good answer. Give complete facts, start from the beginning and give us at least enough information so an answer can be given which offers you some good advice.

1 Answer | Asked in Personal Injury, Products Liability and Civil Rights for Ohio on
Q: Is there anything I can do if I find a broken crack pipe in the used shoes I purchased?

Yesterday, I went to the mall and bought a pair of used Jordan’s. I was only able to try on the shoe that was on display. When I got home and put my feet in my shoes I felt something at the tip of my feet. When I pulled it out it was a broken used glass pipe.

Tim Akpinar
Tim Akpinar answered on Jan 12, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. The answer to your question could depend on the extent of injury. I hope you were not hurt. The best way to answer your question could be to reach out to Ohio law firms. If you have medical records, such as hospital... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can police disregard the fact that I said they couldn't search me or my stuff because the driver is on parole?
Dan Moseley
Dan Moseley answered on Jan 12, 2022

The driver's parole status conveys no authority to police to lawfully search his passengers. If they have a factual basis for believing a passenger may be a threat, they can perform a cursory and limited check for weapons. If they have a factual basis for believing a passenger may possess... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Nevada on
Q: Do I have to show identification to an police officer if i wasnt involved in a crime an didnt commit a crime?

I was illegaly detained an imprisoned by hotel security for a crime someone else did an I wasnt around the crime occured had no knowledge of the crime. Just for being an acquintance to the individual.

Malik Waqar Ahmad
Malik Waqar Ahmad answered on Jan 11, 2022

It is your duty to fully cooperate with any lawful demand of the police officer. However, it is his job to determine the probable cause. The probable cause is a legal word which means he has justified reasons that you are invovled or had committed or violated a law. For instance, police cannot stop... Read more »

1 Answer | Asked in Real Estate Law, Criminal Law and Civil Rights for Arizona on
Q: What extenuating circumstances are there to push the statute of limitations on conversion of property?

My mother has clinical depression and was advised to not sign any documents. My mother and father were never married and were separated. My mother living in the home alone fell victim to fraud on “refinancing” but lost her home, about 2007. We (my mother and 5 children living in the home) were... Read more »

Mike Branum
Mike Branum answered on Jan 11, 2022

The argument would be that the deception (injury) was not discovered until more recently. This is called "tolling" of the statute of limitations because the injured party is unaware of the injury.

The problem will be finding legal representation to assist you with a complicated...
Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: How do I sue the police department?
Charles M.  Baron
Charles M. Baron answered on Jan 10, 2022

There is no simple, on-line answer to your question. You need to schedule a consultation with an attorney handling civil rights matters. It indicates above your question that you writing from South Carolina, but it went into the inbox for Florida attorneys, so not sure where you incident was.... Read more »

1 Answer | Asked in Personal Injury and Civil Rights for Indiana on
Q: My bank received a subpoena for an account I am on with my son. My name was listed on the subpoena as well as his.

He is the one they are investigating. Were my rights violated? Were my sons? We were not given a copy of the subpoena and only know because I work here. And everyone knows!

Charles Candiano
Charles Candiano answered on Jan 10, 2022

How can your rights be violated by a Subpoena? The Subpoena was NOT issued to you, but rather to your bank so your bank received the subpoena and apparently responded to it as they must.

Q: If I was punished twice for 1 crime (double jeopardy), can I get compensated?

I severed almost 5 years on a 23 year sentence, won my appeal and it went back to circuit Court. I accepted a lesser charge for 3 years and it was marked as time served. But I was also made to do 3 years probation and recently was released without incident. Found papers that every day should have... Read more »

Timothy Denison
Timothy Denison answered on Jan 10, 2022

No. There is no compensable injury.

2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Do you have to provide ID when being trespassed from a bar in minnesota?

I was originally told that I was being arrested for assault by the officer unless I talked to him. I touched no one. He detained me for assault. After the investigation they determined that I never touched anyone. I was already off the property awaiting my cab and then was told that the bar just... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 10, 2022

You would typically be provided a written trespass notice which would require that the the notice include your name, DOB, etc. I'm not sure how refusing to provide ID would justify charging you with both Disorderly Conduct and Obstructing Legal Process. You should secure legal representation... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Florida on
Q: After an arrest, can the officer place you in the car with windows up and engine off while he finishes his investigation

After about 10 minutes a sheriff from the county came over on his own to show some decency and open the door for me so I could breathe.

Henry George Ferro
Henry George Ferro answered on Jan 9, 2022

This is an interesting question and you are protected by the constitution against cruel and unusual punishment. Given your fact pattern, I don’t believe that the actions of the officer rise to that level, the intervention by the deputy was appropriate and kept the situation from the escalating... Read more »

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