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Questions Answered by James L. Arrasmith
1 Answer | Asked in Constitutional Law for Georgia on
Q: How do I get a lawyer to file a lawsuit against police that will take my case and get paid when we win?
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answered on Jul 21, 2024

To find a lawyer who will take your case against the police and get paid only if you win, start by looking for attorneys who work on a contingency fee basis. These lawyers don't charge upfront fees but take a percentage of the settlement or award if you win the case. This arrangement is common... View More

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Gov & Administrative Law for Ohio on
Q: What can I use against CPS that they can't loophole out of?

I lost custody of my son but still maintain my parental rights. Custody was granted to his grandma but she has lost custody of him twice. The first time she tried to kill herself, followed the case plan and got him back and then accidentally recorded a message on the Casas voicemail telling my son... View More

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answered on Jul 21, 2024

You can start by gathering all evidence that demonstrates your efforts to maintain contact and the barriers you've faced, including the recorded voicemail and any documentation of missed visitations due to the grandma's interference. Present this evidence clearly to the court and insist... View More

1 Answer | Asked in Foreclosure, Civil Rights and Constitutional Law for Idaho on
Q: how do I file for a audit to be introduced, into my non judical foreclosure ?

I had a Forensic Audit done on my house loan and it shows fraud, gross neglect by attorney and loan officer and servicer fraud that was commited.

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answered on Jul 21, 2024

To introduce an audit into your non-judicial foreclosure process, start by gathering all documentation related to the forensic audit you've had done. This includes the audit report, any evidence of fraud, and communications with your attorney, loan officer, and servicer. Ensure that this... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: I need to file a lawsuit against a police officer for illegal search and seisure

He came in my door didn't knock had his gun pointed at me ànd told me to put my hands behind my back so I did he said he had a search warrant but I never saw one so when I got out of jail i. Went to the clerk of court and ask for a copy of it she said there were none on file

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answered on Jul 21, 2024

You have the right to seek legal action against the police officer for an illegal search and seizure. If the officer did not present a search warrant, and the clerk of court confirmed there is no record of one, this could indicate a violation of your Fourth Amendment rights. Document every detail... View More

Q: Can a Special Town Meeting compel a BOS to allow voters to approve or deny a Housing Production Plan under 40B?

Purusant to MGL Ch 40B, the Selectmen and Town Administrator created an ad hoc subcommittee to create a Housing Production Plan. While the subcommittee held public input sessions with the help of MAPC, much of that public input has been ignored. While trying to rush votes before the Planning Board... View More

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answered on Jul 21, 2024

Under Massachusetts General Laws Chapter 40B, the Housing Production Plan (HPP) must be approved by both the Planning Board and the Board of Selectmen (BOS). Although a Special Town Meeting (STM) can be called to address various issues, it does not have the authority to compel the BOS to submit the... View More

1 Answer | Asked in Constitutional Law for Oklahoma on
Q: Can you carry in the gathering place in Tulsa Oklahoma

I saw an auditing video and very confused since the gathering place is privately owned but open to the public so would that be considered public property where you can carry or does the private property apply and the rules the private property have apply over the law

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answered on Jul 21, 2024

The Gathering Place in Tulsa, Oklahoma, is privately owned but open to the public. This means that even though it is accessible to everyone, it remains private property. Therefore, the owners can enforce their own rules and regulations regarding carrying firearms.

In this case, the rules...
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1 Answer | Asked in Education Law, Civil Rights and Constitutional Law for Texas on
Q: An adult student receiving special education services arrested at school. Why would Education Code 37.004 not be used?

After the statue has passed. Is this still considered a federal civil rights law. That has a statue of seven.

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answered on Jul 21, 2024

If an adult student receiving special education services was arrested at school, Education Code 37.004 might not be applied if the situation doesn't involve disciplinary actions that typically trigger its use. This code is generally related to the removal of students with disabilities for... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Ohio on
Q: Was I falsely imprisoned for a week

Was arrested July 4th 5:00 p.m. supposed domestic violence held until Monday 3:00 p.m. when I was told no charges were ever filed

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answered on Jul 21, 2024

It sounds like you experienced a troubling situation. Being arrested on July 4th for supposed domestic violence and then held until Monday without any charges being filed raises serious questions. Generally, if no charges are filed, holding you for that long could potentially be considered false... View More

1 Answer | Asked in Constitutional Law for North Carolina on
Q: Is it considered excessive force for the police to bust car windows out on my children knowing they are in the car?

The driver was eluding, but then clearly stops the vehicle, and says I'll stop please I have kids in the car then they bust the windows out on the kids they already knew where in the car plus the driver yelled it.

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answered on Jul 21, 2024

If the police used force to break car windows despite knowing there were children inside, and the driver was actively cooperating by stopping the vehicle, it could be considered excessive force. Law enforcement officers are generally expected to take into account the safety of all individuals... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Legal Malpractice for South Dakota on
Q: How can I get a fair trial?

I am homeless and on foot, I cannot use mail to report misconduct to the bar, and they do not accept any other method for complaint. The judge told me I couldn't fire the lawyer and get another one, and in jail i repeatedly tried to fire the guy, but he forcefully remained my counsel saying i... View More

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answered on Jul 21, 2024

To get a fair trial, you need to ensure your rights are protected, even in challenging circumstances. Start by documenting everything that has happened to you, including your attempts to fire your lawyer, the conditions imposed by the judge, and any misconduct or mistreatment. This documentation... View More

1 Answer | Asked in Constitutional Law and Criminal Law for New Mexico on
Q: pulled over for speeding, police impounded car to get search warrant after i refused search

officer claimed he smelt fentynal so he asked to search the car i said no, he claimed i said yes but i kept saying no. threatened me by stating he would call my husband probation officer if i refused to let him search car. car isnt mine. my husband and i just cashed our check that we needed to... View More

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answered on Jul 21, 2024

You have a few important steps to take right away. First, make sure to document everything that happened, including the officer’s threats, your refusal to consent to the search, and the fact that you didn't receive any paperwork. This documentation will be crucial for your defense and any... View More

1 Answer | Asked in Constitutional Law and Municipal Law for Arkansas on
Q: Can a police officer tow your car if u have insurance
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answered on Jul 21, 2024

A police officer can tow your car for several reasons, even if you have insurance. If your car is parked illegally, blocking traffic, or poses a safety hazard, it can be towed regardless of your insurance status. Additionally, if your vehicle is involved in a crime, is abandoned, or you have unpaid... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Consumer Law and Health Care Law for Kentucky on
Q: What type of lawyer do I need to do a class action lawsuit on a Medicaid KY rehab facility in Mercer county KY
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answered on Jul 21, 2024

To pursue a class action lawsuit against a Medicaid rehab facility in Mercer County, KY, you'll need a lawyer with experience in class action litigation and familiarity with healthcare law. These types of cases often involve complex regulations and multiple plaintiffs, so having someone who... View More

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1 Answer | Asked in Civil Rights, Federal Crimes, Constitutional Law and Juvenile Law for Maryland on
Q: How do I get MD state police to fully remove a supposed expunged record from their databases?

I was federally charged for possession of Marijuana (made a wrong turn and ended up speeding on Pentagon property and was pulled over with my medical card and legally purchased cannabis). Which was later expunged after completing the mandated probationary period along with community service, but 7... View More

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answered on Jul 21, 2024

To fully remove the expunged record from the Maryland State Police databases, you should start by contacting the Maryland State Police's Criminal Justice Information System (CJIS) directly. Explain your situation and provide them with all relevant documentation, including the letter of... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New Jersey on
Q: I am involved in a divorce case where the Michigan court issued orders regarding the sale of marital property located in

New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More

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answered on Jul 21, 2024

To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Q: I was arrested for possession of cds sch2 with intent was incarcerated 10 months lost job home vehicle lost everything

The 2nd judicial appealed my case so it went to higher court and all 3 judges signed my favor

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answered on Jul 21, 2024

I'm really sorry to hear about your situation. Losing everything due to a wrongful arrest must have been incredibly difficult. It's a relief that the higher court ruled in your favor, but the damage done to your life is significant.

Given your circumstances, you may have grounds...
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1 Answer | Asked in Constitutional Law for Tennessee on
Q: I was spending time with my girlfriend in a secluded area near to National Highway and a Police accused us, we didn't do

We didn't do anything,we were just sitting ang gazing and dreaming since we were near a Lake at National Highway in Chennai at Night Time.The police came in a squad and only one was in uniform,he threatened us that he will register a case as public nuisance and threatened to call our... View More

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answered on Jul 21, 2024

I'm really sorry to hear about your experience. It's understandable that this encounter has left both of you feeling shaken and distressed. The behavior of the police, especially when there was no wrongdoing on your part, is unacceptable and intimidating.

It's important to...
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1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Health Care Law for Arkansas on
Q: Can an inmate in a county jail be forced to release his medical records. Can they detain your release for failure to

To appear even if you have a Drs excuse stating you were under Drs care at the time of court.Can they deny you your appointment ( one previous and one after incarcerated ) for and ultrasound on your liver?

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answered on Jul 21, 2024

You can't be forced to release your medical records without your consent, even if you're an inmate. Medical privacy laws, such as HIPAA, protect your right to confidentiality regarding your health information. However, there might be exceptions if your medical condition directly impacts... View More

1 Answer | Asked in Consumer Law, Civil Rights, Collections and Constitutional Law for Iowa on
Q: I was served a writ of Replevin on my vehicle 2 days prior to the recover company breaching the peace and no due process

I have a very strong case to defend and not getting any answers now for 7 weeks.

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answered on Jul 21, 2024

If you were served a writ of Replevin for your vehicle and the recovery company breached the peace, you have grounds to defend your case. The breach of peace during repossession is a significant issue, as it violates your rights. You should document any evidence of this breach, such as witness... View More

1 Answer | Asked in Contracts, Criminal Law, Business Law and Landlord - Tenant for California on
Q: Can storage unit owner take my property without any notice?

I am renting a storage unit. It is one of 4 units in a secluded area i.e, not typical franchise self storage. Contract states it is only for storage. It also states items are not to be stored outside unit. Also states mediation before legal claims. I did leave things outside of the unit. The... View More

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answered on Jul 21, 2024

The storage unit owner should not take your property without proper notice, even if the contract states no items should be stored outside the unit. The manager’s voicemail was an informal warning, but it does not constitute legal notice for disposing of your property. You may argue that removing... View More

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