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Constitutional Law Questions & Answers
1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for California on
Q: If my son testing presumptively positive got him taken but results came back negative, can I get him back?

My home was dirty because my boyfriend lost his wallet because I refused the harassment of cws and didn't was to participate they came back to search finding only weed paraphernalia (legal in CA) they take my son to the hospital and tested him where is was presumptively positive for... Read more »

James L. Arrasmith
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answered on May 23, 2023

If your son was initially tested presumptively positive for substances, leading to his removal by Child Welfare Services (CWS), but subsequent test results came back negative, it is crucial to address this situation promptly. You have valid concerns regarding the impact of these circumstances on... Read more »

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Oregon on
Q: If you are found guilty but were never given notice or documention. Can it be dismissed for violation due process rights

I did a trial by declaration for a traffic citation in 2022 based off the court rules I was under the impression and was told if I was found guilty I would receive the notice by us mail no later then 2 weeks. I received in my mailbox just last week an order for me to appear by phone to a show cause... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Courts process a lot of traffic tickets, but no need to treat defendants gruffly. Obviously, you have stepped afoul of the Court rules regarding processing your ticket. Today most traffic tickets carry with them penalty assessments and court fees so a fine of $100 can easily reach $500. Courts... Read more »

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Landlord - Tenant for California on
Q: Is it false imprisonment for a self storage mngr to refuse to open the gate to let u out of the facility, when u ask?

If I go to a self storage facility and when I arrive the gate is open so I go in, then when I try to leave the gate is closed and my code is not working . If I ask the storage facility manager to let me out and she refuses, and I therefore, am being detained, is she allowed to do that? Would that... Read more »

James L. Arrasmith
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answered on May 22, 2023

Refusing to open the gate and preventing someone from leaving a self storage facility when requested can potentially be considered a form of false imprisonment, as it involves the unlawful restraint of an individual's freedom of movement. However, to establish a claim of false imprisonment, it... Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law, Domestic Violence and Sexual Harassment for California on
Q: How can I get the right help in pursuing police misconduct with violent use of force and sexual herassment.

I've SUFFERD physical and mental trauma from the police officers in my county whom took advantage of my background, I'm a dv victim and these discriminative police officers detained me and violated my civil rights. I've been criminalized by their acts of violence and they have tried... Read more »

Louis George Fazzi
Louis George Fazzi
answered on May 21, 2023

You should contact a lawyer as soon as possible. Before you do that, however, prepare a chronology of events, starting with the beginning, and bring it up to the current time. Then collect all your documents, and make copies of them all. Then contact an attorney to advise you, make copies of all of... Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law, Domestic Violence and Sexual Harassment for California on
Q: How can I get the right help in pursuing police misconduct with violent use of force and sexual herassment.

I've SUFFERD physical and mental trauma from the police officers in my county whom took advantage of my background, I'm a dv victim and these discriminative police officers detained me and violated my civil rights. I've been criminalized by their acts of violence and they have tried... Read more »

James L. Arrasmith
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answered on May 22, 2023

I'm sorry to hear about the traumatic experiences you have endured. If you believe you have been a victim of police misconduct, it is important to seek the right help in pursuing justice. Here are a few steps you can consider:

Document the incidents: Collect and preserve any evidence...
Read more »

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Q: Who will represent me im a person with a Disability in the Commonwealth of Pennsyl for 2 civil rights deprivation suits

It's AGAINST a Dr where I was going for my Recovery til he tried to manipulate and intimidate me with OPPS PROPAGANDA. I got 2: open active cases supreme Court Western district of Pa

John Michael Frick
John Michael Frick
answered on May 19, 2023

Civil rights cases are too complex for most attorneys. You should retain the services of an experienced civil rights lawyer in or near the county where your case is pending or where it needs to be filed. Because of the relatively low rate of success and limited damages available, you should... Read more »

Q: I work disability one thru NW Works at USDA . IVE WALKED OUT DUE DO ALL THE STRESS OF HARASSMENT , depressions started

Employee of USDA has been verbally harassing me , constantly messing with my cleaning items , his boss also harassing me . My depression has got to the point where I walked out of work. No support from NW Works.

Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on May 18, 2023

If you have not already filed an informal complaint with your agency, you should do so immediately. Under the Federal Sector regulations, which cover federal employees, you have 45 days to file an informal complaint of discrimination from the date that discrimination or the date of last retaliation... Read more »

2 Answers | Asked in Constitutional Law for Michigan on
Q: Can I say, "I amend the 5th" when I get questioned by the police in school?
Brent T. Geers
Brent T. Geers
answered on May 19, 2023

I'll assume you mean "plead the fifth". That right is so gravely misunderstood by the general public as to almost be comical.

If you are questioned by police about something they believe you did, then yes, you have an absolute right not to incriminate yourself....
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1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for California on
Q: Not registering your private auto/ homestead allow police impounding it. Causing elder abuse to a disabled senior.

Now im homeless being abused by both cops and robbers. Don't know where to turn for help my health deteriorates

James L. Arrasmith
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answered on May 16, 2023

I'm really sorry to hear about the difficulties you're facing. It's important to seek assistance from the appropriate authorities and organizations that can help you in your situation. Here are a few steps you can consider:

Emergency Support: If you are experiencing...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Colorado on
Q: Sentencing in 5 weeks what post conviction motions can I file and do I do that myself or do I have to get an attorney?

My attorney throughout this has done nothing for me and now I'm due to be sentenced in 5 weeks. I have been found guilty in a jury trial of two counts of burglary, one count methamphetamine possession, one count THC possession misdemeanor, one count paraphernalia possession misdemeanor.... Read more »

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 11, 2023

I no longer practice criminal law. But your questions highlight why it’s vital to have an attorney to help navigate the legal process. The law is complex. The rules of procedure are complex. Good lawyers even sometimes make mistakes and get sued for malpractice—that’s why lawyers carry... Read more »

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: Can a case law be used in another state, such as in California? If the state law from Mississippi Supreme Court?

The case law I refer to is "Teche Lines, Inc. v. Danforth, 195 Miss. 226, 12 So.2d 784 (1943)."

Would it be allowed to use in California for an incident? (May you correct me if i am wrong)

Example:

Charge: “Vehicle Obstruction”

HELD: The right of a... Read more »

James R. Dickinson
James R. Dickinson
answered on May 11, 2023

Mississippi case law cannot be cited in a California case as authority. Where a California case has incorporated the reasoning of the case of another jurisdiction and applied that reasoning to the facts of a California case, which happens occasionally, then that would be different. I would... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: Can a case law be used in another state, such as in California? If the state law from Mississippi Supreme Court?

The case law I refer to is "Teche Lines, Inc. v. Danforth, 195 Miss. 226, 12 So.2d 784 (1943)."

Would it be allowed to use in California for an incident? (May you correct me if i am wrong)

Example:

Charge: “Vehicle Obstruction”

HELD: The right of a... Read more »

James L. Arrasmith
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answered on May 11, 2023

Regarding the case law you mentioned, "Teche Lines, Inc. v. Danforth, 195 Miss. 226, 12 So.2d 784 (1943)," it is important to note that case law from one state generally applies within that state's jurisdiction unless it is recognized as persuasive authority in another jurisdiction.... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on
Q: Can you have a review of sentence if there were no jury instructions on mental issues of ptsd&paranoia&drunk at the time

During jury deliberation the jury ask court if first degree murder meant he intended to kill the one person or anyone. The prosecutor was allowed by Judge to give them transfer of intent to anyone. Mental health on both sides proved defendant had ptsd, Paranoia, Social Anxiety, alcohol and drug... Read more »

Mark Oakley
Mark Oakley
answered on May 8, 2023

There is no special instruction for that, and the general instructions on intent are sufficient. What you are arguing is based on the evidence which I assume was presented at trial and was therefore argued on your behalf by your lawyer as a basis to raise a reasonable doubt as to your ability to... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Maryland on
Q: Can a police officer take a photo of my feet with his cell phone, while I'm being detained awaiting processing?
Mark Oakley
Mark Oakley
answered on May 7, 2023

Seems a bit odd. Is there an evidence based reason for doing so? Did a witness or security camera footage identify the offender in part by their footwear or feet? Was this a DUI where you failed to perform field sobriety tests and there’s a potential issue that the type of footwear interfered... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: Can a maintenance technician unlock an apartment door for police and then change tenant lock without a request/notice

The Grande at Metropark in Iselin did this to my apt

Morris Leo Greb
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Morris Leo Greb
answered on May 2, 2023

No for several reasons. The right of quiet enjoyment means that no one can enter your apartment without your permission. The only exception is when there is an emergency situation such as pipes leaking water or gas. Secondly there is no self help for residences, any action to evict as tenant can... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for New Jersey on
Q: Can I sue the police department for failing to protect my rights?

As of July of 2022, I was granted an FRO from a Bergen County judge against my ex. This past Friday, my ex went to the Little Ferry precinct and showed officers a fake text from the judge stating that the FRO was lifted and he was allowed back into my home. They believed him and allowed him to come... Read more »

Richard Diamond
Richard Diamond
answered on May 1, 2023

I would contact the domestic violence office for the county courthouse where you obtained the restraining order and ask if you can file an application with the court for a violation of the restraining order and when they say that you should report it to the local police, tell them that you want to... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for California on
Q: HOW TO FIND A LAWYER 4 COVERT HARRASTMENT BY V2K REMOTE NEURAL MONITORING TO SUE CITY POLICE FOR NOT ARRESTING CRIMINAL.

VICTIM OF V2K NEED TO SUE DEMAND BE PLACED ON THE MACHINE TO STOP THIS.

James L. Arrasmith
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answered on Apr 26, 2023

If you are a victim of covert harassment by V2K remote neural monitoring and want to sue the city police for not arresting the criminal responsible, you will need to find a lawyer who specializes in civil rights and/or personal injury law. Here are some steps to help you find the right lawyer for... Read more »

1 Answer | Asked in Appeals / Appellate Law, Family Law, Child Custody and Constitutional Law for Ohio on
Q: Can you think of a case that has won when the appellate files an appeal with the Supreme Court from the court of appeals

Juvenile court judgement to terminate parental rights and grant custody to agency. Appellate files appeal with the district court of appeals. Appeals court agreed with juvenile court. Appellate then files appeal with Supreme court. Has any case ever won at that point, if so I need a case number to... Read more »

Matthew Williams
Matthew Williams
answered on Apr 25, 2023

Something as broad as any case the appellant has won at the Supreme Court is unlikely to help you too much but here are two from a quick search of the Supreme Court's website: In re R.K., 152 Ohio St.3d 316, 2018-Ohio-23 and In re C.F., 113 Ohio St.3d 73, 2007-Ohio-1104. Yes, the Supreme Court... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: i have a couple question reguarding my right in a criminal case im about to go to court on

i was pulled over and did not consent to a search but was searched anyways, when i asked what they pulled me over for was "suspicious activity " or driving suspiciously he replied high drug activity area i asked the officer"how was i doing tht"i just left an establishment that... Read more »

James L. Arrasmith
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answered on Apr 25, 2023

In general, a police officer must have reasonable suspicion to pull over a vehicle and conduct a search. Reasonable suspicion is a legal standard that requires the officer to have a specific and articulable reason to believe that criminal activity is occurring. However, what constitutes reasonable... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Must I respond to a defendants Affirmative Defenses or wait until discovery I did not even receive the answer with

The Affirmative defenses until 2 weeks after it was filed

John Michael Frick
John Michael Frick
answered on Apr 19, 2023

If there are matters you wish to raise in avoidance of an affirmative defense (in essence, an affirmative defense to an affirmative defense), you must affirmatively plead them within the pleading deadline set by any applicable scheduling order.

Almost always, the discovery period will...
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