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California Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for California on
Q: Can a Walmart worker take already paid for things from me and my receipt Refuse to return call police there more

The police told me I was facing criminal charges when I had done absolutely nothing wrong it's all on camera it was also confirmed on camera that I infact walked in the Walmart with the bags already in my cart. Withheld my items my money and my receipt falsely accusing me. Police harassed me.... View More

James L. Arrasmith
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answered on Jul 24, 2024

In California, if you have already paid for items and have a receipt, a Walmart employee cannot legally take your items or receipt without valid suspicion of theft. If they refuse to return your property and involve the police, this can be a violation of your rights, especially if there is evidence... View More

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Libel & Slander for California on
Q: What lawyer do you need for malicious prosecution and using falsified document to prosecute

False statements used to use law enforcement to prosecute and file emergency restraining order in court to prosecute.... after defending myself and clearing myself of the false charges... how do I have the courts pursue prosecuting the person filing the false statements.

James L. Arrasmith
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answered on Jul 24, 2024

To address issues of malicious prosecution and falsified documents used against you, you need to consult with a lawyer experienced in criminal defense and civil litigation. They can guide you through the process of gathering evidence and filing a lawsuit for malicious prosecution. This lawyer will... View More

1 Answer | Asked in Libel & Slander, Civil Rights, Communications Law and Constitutional Law for California on
Q: I want to sue a cps worker for harassment and abue of power
James L. Arrasmith
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answered on Jul 24, 2024

Suing a CPS worker for harassment and abuse of power can be a challenging process, but it is possible under certain circumstances. First, gather all evidence of the alleged harassment and abuse of power. This includes any documents, emails, recorded conversations, or witness statements that support... View More

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for California on
Q: Does a grandparent who has been accused have a right to due process in family law?

Parents are the ones under investigation. However, Grandparent has been accused of failure to protect. Doesn't grandparent have a right to due process, especially if they could be potential guardians? Grandparent has been silenced and the accusers word has become fact even though it is false.

James L. Arrasmith
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answered on Jul 22, 2024

Yes, as a grandparent, you do have a right to due process in family law matters, especially when accused of something like failure to protect. Due process means you should have the opportunity to be heard, to present your side of the story, and to defend yourself against the accusations. It is... View More

Q: The USMC owes me 100 federal days of jail time 49 were solitary with no sunlight . 2 human rights violations as well

I was illegally handcuffed in front of battalion by a 1st Sergent not a MP

( Illegal citizen arrest . He was demoted after court )

They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did

James L. Arrasmith
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answered on Jul 22, 2024

It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More

1 Answer | Asked in Civil Rights for California on
Q: Does the 14th Amendment truly provide a separate, distinguishable right to fair legal notice?

In other words, is there a distinguishable right for a citizen to know the details of the legal action, prior to that legal action resulting in the deprivation of that citizen's constitutionally protected property and/or liberty interest?

Assume the local government's compelling... View More

James L. Arrasmith
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answered on Jul 22, 2024

Under the 14th Amendment, you have a constitutional right to due process, which includes fair legal notice. This means you must be informed of any legal action against you before it results in the deprivation of your property or liberty interests. Fair legal notice ensures that you have the... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Gov & Administrative Law for California on
Q: I'm currently 'Blacklisted, by Federal Economic sanctions by an Executive from the Administration years 2000-present.

My Civil Rights infringed daily IN PUBLIC. I'm not working and am homeless getting discriminated from businesses of all types. I receive social Security monthly, on, or before the 3rd of every month. I've had Domestic Surveillance interfering with most of my calls from the payphone. I... View More

James L. Arrasmith
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answered on Jul 20, 2024

I'm sorry to hear about the challenges you're facing. It sounds like you're dealing with a complex situation involving multiple areas of law, including civil rights, constitutional law, and discrimination.

Given the seriousness of your claims, it's essential to get...
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1 Answer | Asked in Civil Rights for California on
Q: Sitting in my car parked in a public area next to apartment homes. Cop flags me.

Sitting in my car watching some videos until a female officer comes in view near front passenger of my car. In that position she was scanning my vehicle with a flashlight. I quickly got out of the car to ask what's going on, and promptly responded to stay in my vehicle.

She curled... View More

James L. Arrasmith
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answered on Jul 19, 2024

Under California law, if you believe the officer acted inappropriately or provided false information, you have the right to file a complaint with the police department. It's important to document everything that happened, including the time, location, and the officer's details. Take note... View More

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: If my car was taken without leaving a ticket on it or marked tires, with out due process can I sue? And how?

The police are stonewalling me and the tow company won't let me know anything , illegally towed, no due process, don't I have rights?

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, if your car was towed without proper notice or due process, you have the right to challenge this action. Typically, law enforcement or the towing company must provide specific documentation, such as a ticket or notice of violation, and follow legal protocols before towing a... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: Can a detective in California record a telephone conversation with me without consent or notification?

The conversation was regarding a statement/affidavit I signed regarding juror misconduct in court that I witnessed.

James L. Arrasmith
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answered on Jul 18, 2024

In California, it is generally illegal for someone to record a telephone conversation without the consent of all parties involved. This is known as a "two-party consent" law. The only exceptions to this rule are specific circumstances such as recording to gather evidence of certain... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: If a security guard and employee of a store gets in front of me as I'm leaving a store assuming that I've stolen items,

If I refuse to stop and go around not allowing them to touch me or use defensive moves to get by is that illegal?

James L. Arrasmith
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answered on Jul 18, 2024

If a security guard suspects you of theft and tries to stop you, it's important to understand your rights and the legal implications. Generally, if you haven’t stolen anything and refuse to stop, simply walking around the guard without physical confrontation is not illegal. However, using... View More

1 Answer | Asked in Communications Law, Internet Law and Civil Rights for California on
Q: In a missing persons case, can a family member of the missing person access their private communications for leads?

There is currently a missing persons case being investigated for the disappearance of my father. I have access to his personal computer, which is logged into various services such as linkedin, facebook, email, etc. Am I exposing myself to any legal risk if I look through his email, social media... View More

James L. Arrasmith
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answered on Jul 18, 2024

In a missing persons case, accessing your father's private communications can be a sensitive matter. Legally, accessing his email, social media, or other private messages without explicit permission may expose you to potential risks, especially if you don't have legal authority such as... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Civil Rights for California on
Q: 2024 a tenant was arrested (254a) for threatening me with knives.in31/2 years is stalking, , his 2nd assault. Can I sue

Property manager was aware And I've asked to be relocated to a different apartment and have my locks changed 3 different occasions and it denied , but 3 diffent white tenant were allowed to move into 7

different apartments within the same time span, for comfort, I a black woman was in... View More

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, you may have grounds to sue both your tenant and your property manager. The tenant's threats and assaults, combined with the property manager's failure to take appropriate action despite being aware of the dangers, could be grounds for a personal injury or negligence... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: Question regarding 10-year firearms restrictions for certain misdemeanors in CA

If someone was convicted (or plead no contest) to a PC 242 violation (simple battery), they recieve a 10-year ban from owning, purchasing or possessing firearms. Does this 10-year restriction automatically go away after the 10 year mark or is there a process to restoring your 2nd amendment rights?... View More

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answered on Jul 18, 2024

In California, if you were convicted or pled no contest to a violation of PC 242 (simple battery), you are subject to a 10-year ban from owning, purchasing, or possessing firearms. This restriction is automatically lifted after the 10-year period, provided there are no other prohibiting factors.... View More

1 Answer | Asked in Civil Rights and Criminal Law for California on
Q: I 2AS FALSELY IMPRISONED AFTER FALSE ARREST BEFORE INDEPENDENCE DAY, 2024, IN HUMBOLDT COUNTY, CALIFORNIA. -STEVEN
James L. Arrasmith
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answered on Jul 18, 2024

I understand the distress and frustration that can come with being falsely imprisoned after a false arrest. In Humboldt County, California, you have legal rights and avenues for seeking justice. The first step you should take is to document everything that happened, including dates, times,... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: I would like to know why everyone tells me to get a lawyer, but I can't seem to get one because it seems they are scared

My case is simple, violations of my rights to due process, unlawful arrest

On video, what is the problem, I don't feel like a American at all, I feel discrimination and racism help l

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

Attorneys have different levels of experience and different skill sets. Some attorneys only handle transactions and do not represent clients in court at all. Of the attorneys who do represent clients in court, some practice only criminal law, some practice only family law, some practice only... View More

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1 Answer | Asked in Consumer Law, Civil Rights and Small Claims for California on
Q: Help with unauthorized tow private property CA! Invalid Fire lane officially confirmed by fire marshal as not a legal

Tow company claims "they paint and mark fire lanes" But area has no red paint or stripes. They failed to provide photo, had to request in writing certified letter with a self addressed stamped envelope. could General authorization be null and void if discretion was allowed on "invalid fire lane"?

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, the validity of a towing authorization on private property can hinge on several factors, including the proper designation of fire lanes. If the fire lane in question does not meet legal requirements, such as lacking necessary markings or having an improper designation... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: Why isn't it illegal to give people like me medicine that gives me seizures.

I've had two seizures and the seizures hurt very bad.

James L. Arrasmith
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answered on Jul 18, 2024

In California, doctors are required to act within the standard of care when prescribing medication. If a medication causes severe side effects like seizures, you may have grounds to question the doctor's decision. This standard of care means doctors must prescribe medication that is... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for California on
Q: received Civil Code §1946.2 found a place and now apt is mandating a 30 day notice to leave the premisses

My wife and I received a 60 day notice to terminate tenancy for no fault just cause Civil Code §1946.2. It states on or before the date 60 notice received. So, my wife and I found a place and we are planning to move next week. We let the complex know as soon as we found the place, now the complex... View More

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answered on Jul 18, 2024

Under California law, Civil Code §1946.2 allows landlords to issue a 60-day notice for no-fault just cause terminations. Since you received this notice and found a new place, you have the right to leave on or before the end of the 60-day period. Informing your landlord immediately about your move... View More

1 Answer | Asked in Civil Rights, Libel & Slander and Mergers & Acquisitions for California on
Q: i was arrested repeatedly by police officers in glendale CA. ACCUSED BY MY PERSONAL BANK ACCOUNT.

Police officers in Glendale ca arrest me for using other people credit card identity theft nd DUI my vehicle was parked when he got behind my vehicle I was not driving my vehicle is parked in the side street and they said the reason why they stopping me is I have expired registration!

My... View More

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answered on Jul 18, 2024

Police officers must have probable cause to search your vehicle without a warrant. If your vehicle was indeed parked and registered correctly, the search and subsequent seizure of your money may have been unlawful. You have the right to challenge the validity of the search and seizure in court,... View More

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