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California Constitutional Law Questions & Answers
0 Answers | Asked in Constitutional Law for California on
Q: Is taking a course at a public university protected under the first amendment?

Would choosing to take a particular course as a student and associate with a particular professor (who specifically teaches and specializes in the niche topic associated with that specific course) be a protected right under the first amendment at a public university? Would these actions constitute... View More

Q: Is right to a jury tral an inherent right ca unlawful detainer post default judgement jury trial was changed to bench

Day before jury trial a exparte motion was filed to change jury trial to bench it was granted citing unlawful detainers in ca are equity matters not subject to California Civil code Procedures 1171 or 592 .There are several legal challengable legal issues with this matter a previous unlawful... View More

James L. Arrasmith
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answered on Dec 20, 2024

In California, the right to a jury trial in unlawful detainer cases is protected under Code of Civil Procedure § 1171, which explicitly states that either party may demand a jury trial in these matters. The court's characterization of unlawful detainers as purely equitable matters appears to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for California on
Q: I had unauthorized debits from bank of america during the pandemic that involved my EDD. They owe me 9600 dollars .

They have lied to me also they closed my claim and kept telling me it was being looked out. I have talked to so many supervisors for hours. I have sent them so many documents to prove I was bed ridden and did affadavit had it notorized.. I owe the irs money

for mon ey I never recieved.... View More

James L. Arrasmith
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answered on Dec 20, 2024

I'm so sorry to hear about your frustrating situation with Bank of America and the EDD benefits. This type of issue during the pandemic caused immense stress for many people, and dealing with unauthorized debits while being bedridden must have been overwhelming.

Your situation involves...
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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: I'm in California, if I was charged with a GTA, had a fta during proceedings, got the gta droped can they pursue the fta
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answered on Dec 19, 2024

Yes, failing to appear (FTA) in court is a separate criminal offense from grand theft auto (GTA) in California. Even if your original GTA charge was dropped, prosecutors can still pursue the FTA charge because it's considered an independent violation of the law.

When you miss a court...
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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: In custody in orange county and there was a warrant in riverside county and was in custody 08-26-2021 to 11-03-2021

And was bail out on both cases does she get credit for orange county and riverside county for time spent in custody

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answered on Dec 17, 2024

When you are in custody for multiple cases across different counties in California, you may be eligible for custody credits in both jurisdictions under specific circumstances. This is known as "dual credit" and is governed by California Penal Code Section 2900.5.

In your...
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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: My sister was in orange county jail and she self surrender and she had another case in riverside county and had a warrat

For not self surrender and she filed a 1381 to riverside and she finish her time in orange and riverside pick her up . They only gave her time when the da got the 1381 form not the date she's been in custody . Don't she entitled for all days spent in custody?

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answered on Dec 16, 2024

Your sister should be entitled to credit for all days spent in custody, including the time before Riverside received the 1381 demand. Under California Penal Code Section 2900.5, defendants must receive credit against their sentence for all days spent in custody, including time served in another... View More

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: My sister in custody and her husband is on life support.is there a form or something we can do to help get her out
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answered on Dec 15, 2024

Your sister's situation sounds very difficult, and I understand you want to help during this challenging time.

There are several potential legal options to explore for temporary release. Your sister or her attorney can file an emergency motion for temporary release, often called a...
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1 Answer | Asked in Real Estate Law and Constitutional Law for California on
Q: Motion to dismiss on grounds of lit-is pendency
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answered on Dec 15, 2024

In California courts, a motion to dismiss based on lis pendens (pending litigation) can be filed when there's another case involving the same parties and same issues already being litigated in another court.

To succeed with this motion, you'll need to demonstrate that both cases...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Impact of Missing Interpreter During Police Investigation on Subsequent Charges?

During a police investigation, I was interrogated over the phone without being provided an interpreter, despite my limited English proficiency. It was evident that I could not fully understand or respond to legal matters without assistance. However, the police proceeded with the investigation and... View More

James L. Arrasmith
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answered on Dec 13, 2024

This situation raises serious constitutional concerns under both federal and California law, as your right to meaningful participation in legal proceedings may have been violated by the failure to provide language assistance during the police investigation.

Your documented need for an...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: SHRA/HUD violated out civil rights and denied our VAWA RIGHTS

Authorities told them we needed to be relocated immediately under imminent Threats of death, - they refused and I was attacked nearly killed

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answered on Dec 12, 2024

This situation involving SHRA/HUD and VAWA rights violations is extremely serious, especially given the threat to your safety. You should immediately contact legal aid organizations in Sacramento County that handle housing discrimination and civil rights cases - several provide free services for... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for California on
Q: what type of lawyer does usc 42 1983 claims over constitutional rights violations and malicious prosecution?

wrongful arrest, violation of my 4th, 14th, 6th, 8th and fabricate of evidence with false accusation of a crime by LEO. most likely falls under misconduct by LEO. defamation can be added because police report claimed I stole a firearm despite having ffl paperwork for it.

its likely a civil... View More

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answered on Dec 11, 2024

For constitutional rights violations and malicious prosecution claims under 42 USC § 1983, you'll want to work with a civil rights attorney. These lawyers focus on protecting individuals against government misconduct, including law enforcement overreach and constitutional violations.... View More

1 Answer | Asked in Criminal Law, Civil Rights, Collections and Constitutional Law for California on
Q: Can the police withhold a police report on stolen car from the suspect tryin to defend themselfs

I had this car for a year just someone reported 2 months after i bought it that its stolen an the police took the car even tho i showed i have the papers the title was in the prosess an i just paid 1250 for the work on it they will not give me the stolen vichcle report so i can get help for my case... View More

James L. Arrasmith
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answered on Dec 9, 2024

You have the right to access police reports related to your case, especially when defending yourself. If the police are withholding the stolen vehicle report, you can file a formal request under the California Public Records Act (CPRA) through the police department or work with your defense... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for California on
Q: case 1: type of attorney sues for malicious prosecution, wrongful arrest, false imprisonment, constitutional rights?

usc 42 1983, police fabricated evidence in police report and falsely accused me of a crime(have proof I did not commit the crime) so defamation would be in the complaint, discovery yeilded that the states witness is a multi convicted felon who has multi weapons charges and thefts of other peoples... View More

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answered on Dec 9, 2024

If you've been wrongfully arrested and have evidence of police misconduct, it's important to take the right legal steps. You may have claims for malicious prosecution, false imprisonment, and defamation, among others. An attorney experienced in civil rights and constitutional law can help... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Military Law for California on
Q: What can i do about a situation where my rights was violated by cdcr police department and they trying to use the past

To weaponize my character or just where those in power use tactics to exploit or take advantage of vulnerable individuals who may not have the knowledge or resources to protect themselves. This can be a form of exploitation or abuse, and it often involves manipulation and secrecy to avoid detection... View More

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answered on Nov 25, 2024

If you're experiencing rights violations and harassment involving CDCR police and other parties, you should first document everything meticulously - save those screenshots, record dates, times, and names of everyone involved. This documentation will be crucial for any legal action.

You...
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1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Legal Malpractice for California on
Q: After accusations of incompetence can prosecution present me with an interpreter/translator. I comprehend English.

Possession of a bb gun is not illegal unless banished in public and in bb view of public sight, correct?

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answered on Nov 25, 2024

Your right to communicate effectively in court is protected by the Constitution. While you can decline an interpreter if you're confident in your English skills, the prosecution may request one if they believe it's necessary for ensuring fair proceedings. You should clearly state your... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for California on
Q: what would I file to the superior court in a complex civil case (during covid) to challenge or ask for review?

This is after the time limit of being issued judgement. It was during COVID and I was denied access of the law library and to see the clerk at my local courthouse. there are emergency extensions due to covid in the rules of court in California, but I'm unsure what to filing is all done online... View More

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answered on Nov 23, 2024

Given the complexity of your situation and the COVID-related circumstances, you might consider filing an "Extraordinary Writ" or "Writ of Mandate" with the Superior Court to challenge the judgment, especially if regular appeal deadlines have passed.

The California...
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1 Answer | Asked in Civil Litigation, Constitutional Law and Native American Law for California on
Q: The rules in California for property inventory when arrested and sent to prison.

I was pulled over for unregistered car and they decided to search the car and found illegal items, they then arrested me and I was sent to prison. The only property they say they have of mine after being gone for a year is my mothers phone and mine but what was in my car is the keys to my motor... View More

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answered on Nov 21, 2024

Your situation involves multiple legal rights regarding property seized during arrest, and California law requires law enforcement to properly inventory and protect personal property.

The sheriff's department must maintain detailed records of all items taken during arrest, and you have...
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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for California on
Q: If a judge was willing to let me out on my own for a plead of no contest without letting me know the charges is that ok

So I went to court and the judge told me that he did not have all of the charges in front of him but was willing to let me out on an or my own recognizance if I plead no contest to the charges. I told him that I did not want to plead to something without knowing what it is he said what you... View More

Marc David Pelta
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Marc David Pelta
answered on Nov 28, 2024

I am unclear what happened in court and it sounds like you might be as well? You should consult with an experienced criminal defense lawyer to explore your remedies under California law. It is important you mention to the lawyer what your goal is.

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1 Answer | Asked in Constitutional Law for California on
Q: If Elon Musk works in Trump's WH. Is he required to resign as CEO of entities with Government contracts?
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answered on Nov 16, 2024

Federal conflict of interest laws, particularly 18 U.S.C. § 208, prohibit executive branch employees from participating in matters affecting their financial interests. The STOCK Act and other ethics regulations require senior White House officials to divest from or place in blind trusts any... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Is it possible to Class Action sue Indeed.com for silincing my genuine opinion and due to this abuses persist?

I am seeking legal guidance regarding a potential class-action lawsuit against Indeed.com for silencing legitimate employee reviews, including my own. Recently, I attempted to post a truthful review about an abusive work environment at Din Tai Fung. My review was rejected without transparency or... View More

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answered on Nov 14, 2024

While your frustration with Indeed.com's review process is understandable, pursuing a class-action lawsuit would likely be unsuccessful because private companies have the legal right to moderate content on their platforms. Indeed.com, as a private entity, is not bound by First Amendment... View More

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