Ask a Question

Get free answers to your Constitutional Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arizona Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Gov & Administrative Law for Arizona on
Q: I was wondering about suing the USPS and their employees.

I’m going to have to cut out a lot of the story to make this fit.

Asked to stop having the rest of the streets packaged left on OUR doorstep.

Angry mailman shows up in our backyard to yell at me in from of my toddlers about “ making complaint against him”

Was told by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2024

I'm really sorry you're going through this difficult situation. It's important to gather all the evidence related to these incidents, including any communications, dates, and details of each event. Keep records of missed mail, medications, and any legal or financial impacts... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Arizona on
Q: My sixth amendment right has been violated by not getting effective counsel and a speedy trial,judge I can tell hates me

Can a judge deny me an attorney? Im indigent and today I got à call from a rude person saying my public defender had withdrawn and the judge ordered I hire an attorney or represent myself

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2024

I'm sorry you're experiencing this situation. In Arizona, if you cannot afford an attorney, the court is required to provide you with a public defender. A judge cannot deny you legal representation based solely on your request.

If your public defender has withdrawn, you should...
View More

1 Answer | Asked in Contracts and Constitutional Law for Arizona on
Q: Had POA for dad to rebuild house, dad died. Contractor is suing me for money due after the insurance paid. Am I liable

My parents had a house fire. Only my dad is on the title. We hired a construction company to rebuild. My dad asked me to handle things and gave me POA. My dad passed away two months ago. The construction company just served me a civil summons and is suing me for money due that I know nothing... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2024

I'm sorry for your loss. When your father passed away, the power of attorney you held typically ended, meaning you no longer have the authority to act on his behalf. Since the house is solely in his name, any obligations related to the rebuilding project generally become part of his estate.... View More

Q: So if the USDA officer comes up on a camper van "parked " in a day area ,can they demand that the other passenger out ?

When I the driver got out and meet them coming out side my van ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2024

When a USDA officer approaches a camper van parked in a day-use area, they generally have the authority to engage with the occupants to ensure rules and regulations are being followed. However, they can't simply demand that a passenger exit the vehicle without a valid reason. Officers need to... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: Does running from the police in Arizona, after they tell you, you are under arrest, constitute resisting arrest?

A police officer tells a suspect with an active warrant they are under arrest before they put their hands on the suspect. The suspect then runs from the police before the police can make a physical arrest. Does this scenario qualify as Resisting Arrest? Is there Case Law that corroborates the claim?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

In Arizona, running from the police after being told you're under arrest can indeed be considered resisting arrest. The law in Arizona, under ARS § 13-2508, defines resisting arrest as intentionally preventing or attempting to prevent a law enforcement officer from making an arrest by using... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Arizona on
Q: Would I be able to press charges against someone who placed a hidden device in the privacy of my bedroom?

I do know the person who did it and am willing to press charges against this said individual should the opportunity arise. But I was curious, what form of state punishment would this person receive if they were to be brought up on "voyeurism charges", and if I wanted to sue this person... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

If someone placed a hidden device in your bedroom, you could potentially press charges for voyeurism, a serious invasion of privacy. Voyeurism laws vary by state, but generally, it's considered a criminal offense when someone knowingly invades another person's privacy for sexual... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: what can i do if i dont have money to spend on a lawyer but i believe my civil rights have been violated by the city pd

was on a job and the place where i was working was being broken into and used as a drug house and flop house.. so i staged the property as if someone lived there and continued to work on the house. (i was trying to keep the house in compliance withthe city so they didnt get anymore violations with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

If you believe your civil rights have been violated but lack the resources for a lawyer, consider reaching out to legal aid organizations or civil rights groups in your area. These groups often provide free or low-cost legal services to individuals facing civil rights issues. Additionally, some law... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: What is the Best next step to protect myself from my perpetrator, file a police report after i was the one taken in or..

I was a Domestic Violence victim who sustained obvious injuries in addition to internal ones & was the one jailed twice. He forcibly took my phones & broke them so I couldn't call for help & called police on me. While detained he stole much of my property, some very important... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

Given the urgency of your situation, it's important to prioritize your safety and well-being. Despite the challenges you've faced with being portrayed as the aggressor, filing a police report can still be a crucial step in protecting yourself from further harm. Even if the incidents have... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Native American Law for Arizona on
Q: I'm charged with poss of dang drug and it was obtained illegally by the officers

Ok I was arrested two years ago but was released cuz of my job so I didn't go to jail but the officer was surveillancing a home but I went to check on my son at that residence I was there for close to 15 l

Min but officer has no video of me doing anything illegal he stated I was there... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

In Arizona, the legality of a police stop and search is grounded in whether the officer had probable cause to believe a crime was being committed. Simply being present at a location under surveillance does not automatically provide probable cause. However, the specific circumstances surrounding... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: If the police knock on your door, you answer. They say your under arrest. Do you have to go with them?

Do you have to step out of your home and go with them. If they do not have a warrant.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024

Yes, if the police knock on your door, announce they are there to arrest you, and order you to come out, you legally have to comply and go with them even if they do not have an arrest warrant.

Police officers are legally allowed to make warrantless arrests if they have probable cause that...
View More

1 Answer | Asked in Employment Law, Civil Rights and Constitutional Law for Arizona on
Q: I am a Limo driver. And in between jobs,I take my vehicle home. My Employer does not want me to do that!

My Employer wants me to remain in the vehicle. But will not pay me for the time that I am in between jobs. Which I feel that I am in my "FREE" time to go home till I need to go back out for my next job. Is that illegal?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024

It is generally legal for an employer to require employees to remain in company vehicles in between jobs or tasks, even if the employee is not being paid during that time. Under both federal and Arizona law, travel time is only considered compensable work time under certain circumstances.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave.

Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave. I answered door to two police officers that stated they were there on a welfare check called in by a friend. I told them we are all sleeping and that everything is fine. They asked to talk to my son ,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

In your situation, being charged with hindering in the second degree arises from interactions with law enforcement officers during their official duties. In Arizona, hindering prosecution or obstructing justice can occur if someone knowingly impedes or attempts to impede a law enforcement... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Landlord - Tenant for Arizona on
Q: My lease agreement prohibits "discharging a firearm in the apartment community" does this include self-defense?

Say I'm encountering a burglary that I either suspect or know the opposite side carries a weapon of deadly forces such as gun or knife. After multiple warnings that I'm armed, the burglar does not heed my warning and proceeds with invasion and poses as an imminent threat to me. In such... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 12, 2023

The clause in your lease agreement prohibiting the discharge of a firearm in the apartment community is typically intended to prevent reckless or unnecessary use of firearms. However, the legality of using a firearm in self-defense, even within your apartment, depends on state and local laws... View More

1 Answer | Asked in Consumer Law, Constitutional Law, Gov & Administrative Law and Health Care Law for Arizona on
Q: What are my options, if the pharmacy is not familiar with Kevin's Law and refused my emergency insulin refill?

It's a holiday weekend and myself and the pharmacy have both been very unsuccessful with obtaining a new prescription from my physician for the last few days. My current insulin prescription has zero refills remaining and today I asked the pharmacy for an emergency insulin refill and they... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

In Arizona, Kevin's Law allows pharmacists to provide emergency refills of non-controlled medications for up to a 90-day supply, under certain conditions, when a doctor's authorization is not immediately available. This law aims to prevent lapses in critical medication, like insulin, due... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: What should I do if I cant seem to get my attorney to contact me so that I can find out what's going on with my case.

I'm 3 days from my IPTC and despite the judges order that my attorney and I meet no later than 3 weeks after my last court date to discuss the case, I still cannot get my attorney to talk to me.what should I do?

Brad Rideout
Brad Rideout
answered on Nov 1, 2023

Keep on trying to contact your attorney, try by phone and email. To put your mind at ease, your IPTC is an informal non-appearance hearing so no real stress that your attorney not contacting you, for now, for this hearing your attorney not contacting you isn't going to effect the outcome of... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: IT IS ORDERED that the Defendant shall contact and meet with his attorney in person no later than three weeks from date.

3 days from IPTC still the incarc. defen. Has been unsuccessful reaching his attorney to discuss the case what should the defendant do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

If you, as the defendant, are unable to reach your attorney, you should document all attempts you've made to contact them. It's important to act promptly by notifying the court of your efforts and the lack of response from your attorney. You may do this by filing a motion with the court... View More

1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Arizona on
Q: when you're stopped on your bicycle the reason being no lights can they take your pocket knife from your hip that is 2"

I did have lights front and back as he's searching my fanny pack the other officer said I fit the description that was given earlier. I did not fit the description I was just on a bicycle in the area actually I was headed directly to the crime scene so and headed toward the police cruisers the... View More

Brad Rideout
Brad Rideout
answered on Oct 30, 2023

If you were riding your bike at night, they can pull you over for not having lights. They can't search you absent reasonable suspicion or search incident to arrest.

Sounds like you pocketknife was legal. See the following blog on knives in Arizona...
View More

1 Answer | Asked in Constitutional Law, Federal Crimes and Criminal Law for Arizona on
Q: Can a prison guard call someone a snitch?

Can a prison guard call someone a snitch?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

It is not illegal. We have free speech in this country. However, while prison guards have certain leeway in how they interact with inmates, they are still bound by professional standards and codes of conduct. Labeling an inmate as a "snitch" can pose serious safety risks for the inmate,... View More

1 Answer | Asked in Constitutional Law, Federal Crimes and Gov & Administrative Law for Arizona on
Q: Can a prison CO or guard call a inmate a snitch?

My wife is in Prison in Arizona under the AZ DOC.,

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

It is not illegal. We have free speech in this country. That said, while prison guards have certain leeway in how they interact with inmates, they are still bound by professional standards and codes of conduct. Labeling an inmate as a "snitch" can pose serious safety risks for the inmate,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: When a search warrant has ( the four corners rule ) On the search warrant what is the reason for this

Said search warrant had only non residents on it yet covered in the broad east meaning possible Also what part of the warrant does the judge actually see when the four corners rule is used

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

"The four corners rule" in the context of search warrants refers to the legal principle that a judge should only consider the information contained within the four corners of the affidavit - that is, the written document itself - when determining whether there is probable cause to issue... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.