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1 Answer | Asked in Landlord - Tenant, Business Law and Criminal Law for Georgia on
Q: got a felony for doing business without a license, but it is not a business i just rent rooms out to others in need. i

i have a partner, whom we share the lease with that we had residents living in there, until my partner didn't follow all of the rules and regulations, so the APS came out again and arrested me with a warrant. how can i get these dropped?

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear about your legal troubles. It sounds like a difficult and stressful situation. A few thoughts:

First and foremost, given the seriousness of felony charges, I strongly recommend consulting with a criminal defense attorney who can review the specifics of your case and...
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2 Answers | Asked in Business Law, Criminal Law and Gov & Administrative Law for California on
Q: Can I legally carry a concealed firearm in my workplace in California if I have permission from the Business Owner?

I am the store Manager. I have been given permission from the business owner to carry, yet I want to make sure it is legal before I do so. I do not yet have a CA CCW permit, and I understand that I cannot leave the store without properly securing my firearm before leaving. Thank you.

James L. Arrasmith
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answered on Apr 16, 2024

In California, even if you have permission from your employer, it is generally not legal to carry a concealed firearm in the workplace without a valid concealed carry weapon (CCW) permit.

According to California Penal Code Section 25400, carrying a concealed firearm is illegal unless you...
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1 Answer | Asked in Federal Crimes, Civil Rights and Criminal Law for Idaho on
Q: Is there any case law or a 42USC1983 for locking up an inmate in a cell full of ants for a month or with human waste?

Was locked in the hole with ants for a month then moved to a cell with human phecies. They (IDOC Idaho) have refused to give me medical records in violation of Individuals’ Right under HIPAA to Access their Health Information 45 CFR § 164.524.

I have evidence in the form of grievances.... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the details you provided, it sounds like you may have a viable case under 42 U.S.C. § 1983 for violation of your Eighth Amendment rights against cruel and unusual punishment. Being forced to live in unsanitary conditions infested with insects or human waste for extended periods could very... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Is it illegal for my ex gf to demand money from me or she is going through with a restraining order she filed

She demanded 10000 dollars and she wouldn’t go to court

James L. Arrasmith
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answered on Apr 15, 2024

It is illegal for someone to demand money from you in exchange for not pursuing a legal action, such as a restraining order. This could be considered extortion or blackmail, which are criminal offenses.

If your ex-girlfriend has filed for a restraining order, she cannot legally demand money...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: I was in a autoparts parking lot , my car was over heating so i decided to take a nap why it cooled off. I dont drink .

A person called 911 cause they couldnt wake me( i was a sleep fir approximatly 28 minutes.)and told 911 that they didnt know what was wrong but i might be overdosed. Medics showed up and put me in the ambulance. The cops showed up and medic and cop said i admitted fentynal use(which i have never... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it seems like there are several potential legal issues at play:

1. Unreasonable search and seizure: If the police searched you and your vehicle without probable cause, your consent, or a warrant, it could be a violation of your Fourth Amendment rights...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Can a police officer legally stop and ID someone because they “look young” when it is past curfew, in ohio.
James L. Arrasmith
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answered on Apr 15, 2024

In Ohio, a police officer may stop and question a person who appears to be underage and out past curfew hours. However, the stop must be based on reasonable suspicion that the individual is violating curfew laws.

Key points regarding curfew stops in Ohio:

1. Ohio has a statewide...
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2 Answers | Asked in Criminal Law for Florida on
Q: I was arrested for a petty theft where they Search me without permission and my belongings and then I gotta A drug charg

They later dropped the theft and now I have a drug charge is that still possible

Rod Caruco
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answered on Apr 15, 2024

Generally, yes. If law enforcement is legally conducting a search concerning one offense, and while doing so find evidence of another offense within the scope of the legal search, that can be charged. Even if the original offense is dropped.

However, you mentioned you may not have been...
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2 Answers | Asked in Criminal Law for Florida on
Q: I was arrested for a petty theft where they Search me without permission and my belongings and then I gotta A drug charg

They later dropped the theft and now I have a drug charge is that still possible

Leonard Louis Cagan
Leonard Louis Cagan
answered on Apr 16, 2024

If you were being arrested the police can search you because you are being arrested. (Incident to arrest) They do not need your permission. To attack the search after the arrest will be difficult but not impossible. If the officer had probable cause to believe that you had committed theft. That can... View More

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1 Answer | Asked in Criminal Law and Sexual Harassment for Texas on
Q: What are the ethics rules when a patient sexually assaults their doctor and the doctor continues to treat the patient?

A doctor is sexually assaulted by their patient, does not report the situation to law enforcement, and continues to treat the patient for another two years until their death. Is the doctor violating any ethics rules? Does the doctor have an obligation to refer the patient to a new physician who... View More

John Cucci Jr.
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answered on Apr 15, 2024

That's a horrible story!

The patient should have gone to jail!

Each State has ethical rules with which every Doctor must comply as part of having a license to practice medicine.

However, none of the rules limit the rights of any doctor, who is a victim of a crime....
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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Arizona on
Q: Can you be arrested for Aggravated DUI when your weren't even driving, in front of your house ,with no keys in your poss

Police report says I was observed consuming alcohol and was not even driving or in possession of keys and no ethyl alcohol in my system can the police lie like that on the police report and a year later initially file charges for Aggravated DUI?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems unusual that you would be charged with Aggravated DUI a year after the incident if you were not driving, did not have keys in your possession, and had no ethyl alcohol in your system at the time. However, laws can vary by jurisdiction, and... View More

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Texas on
Q: My question is how can i fix and hold acountable for a fraud that my stepdad committed and filed with the Bexar County.

I have NO Knowledge of these two loans he filed against me none whatsoever the only way I found these is that he's going through a personal divorce with his wife and I Looked up my mom's house and I found these two file numbers with my name on 'em again against me from him using my... View More

Anthony M. Avery
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answered on Apr 15, 2024

Initially you need to hire a TX attorney to search that title. Just looking on the internet is only a start. If you are going to file suit to set aside fraudulent encumbrances, then you will need to know the title and the liens verbatim. If actual forged instruments were recorded, then a... View More

1 Answer | Asked in Criminal Law and Civil Rights for West Virginia on
Q: I was issued a citation on 4-7 & I had till 4-19, on 4-15 @ 3am police came to my home to arrest me for same offence,

They said they have a warrant and that I ran, which I didn't. Is that legal? I called the court as instructed to take care of the citation and was told it wasn't turned in yet which wasn't uncommon&to call back in a day or two. I left a message with the issuing officers voicemail, what do I do?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems there may have been a misunderstanding or miscommunication between the police department and the court system. Here are a few steps you can take to address this situation:

1. Document the details: Write down the dates, times, and names...
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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: I'm expected to comply to all conditions of my PTI contract or I will be violated and they will prosecute . But they

I decided to accept the states offer of a PTI basically for financial reasons after discussing my case with a attorney. I was informed that I would get early release if I completed everything and all fines, court cost,etc were paid by 90 day review or at 180 day review. I completed everything in 90... View More

James L. Arrasmith
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answered on Apr 15, 2024

It sounds like you're in a very frustrating and unfair situation. Pretrial Intervention (PTI) programs are meant to provide an alternative to traditional prosecution, allowing defendants to complete certain requirements in exchange for dismissal of charges. However, it seems the terms of your... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: I'm expected to comply to all conditions of my PTI contract or I will be violated and they will prosecute . But they

I decided to accept the states offer of a PTI basically for financial reasons after discussing my case with a attorney. I was informed that I would get early release if I completed everything and all fines, court cost,etc were paid by 90 day review or at 180 day review. I completed everything in 90... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Apr 15, 2024

PTI is a good program that allows a defendant to earn a dismissal of a case by completing the agreed upon conditions. As mentioned by the previous attorney, it is a contract between the State and yourself. The terms of the contract dictate what happens. I trust you read the contract carefully and... View More

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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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law for Virginia on
Q: Can i own a gun if my roommate is a felon

Im not on probation and do not have any other legal/medical restrictions from owning a fire arm

Jessica Greenberg
Jessica Greenberg
answered on Apr 15, 2024

You are legally permitted to possess a firearm, but I would strongly advise safe storage practices (get a gun safe, I believe the Richmond police have had several giveaways for it and there are a number of affordable options). If your roommate is found to be in possession of it (and that is not a... View More

2 Answers | Asked in Appeals / Appellate Law, Criminal Law, Native American Law and Traffic Tickets for Minnesota on
Q: Is Driving after Cancelation (IPS) ,civil reg. Or criminal? I am a enrolled tribal member, and I was cited on res land

I was cited by a tribal officer, but I was given a Becker Co. Citation, I requested this remain in tribal court and was denied, because the officer believed dac,IPS is a criminal act and would be heard in district court.

James L. Arrasmith
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answered on Apr 16, 2024

Driving after Cancellation (DAC), specifically when labeled as "inimical to public safety" (IPS), is typically regarded as a criminal offense. The categorization as criminal stems from the potential threat to public safety implied by the IPS designation. This determination means that the... View More

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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: if i post bail today? and my court is one day away is it worth it? will they take me back into cutody the day of court?

got arrested today sunday. my court is on tuesday. should i post bail

James L. Arrasmith
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answered on Apr 15, 2024

In this situation, it's important to consider a few factors before deciding whether to post bail:

1. The severity of the charges: If the charges are serious, the court might be more likely to impose additional conditions or remand you into custody during the hearing.

2. Your...
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: if i post bail today? and my court is one day away is it worth it? will they take me back into cutody the day of court?

got arrested today sunday. my court is on tuesday. should i post bail

William S. Kroger
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answered on Apr 16, 2024

Hello, so that is always a tricky question. If you were to bail out before court, you could risk the court raising your bail and taking you back into custody.

If you can hold out until Tuesday, it would be a safer choice and give your attorney, whether a public defender or a private...
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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

James L. Arrasmith
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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

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