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California Constitutional Law Questions & Answers
Q: How to appeal an appellate court decision from Los Angeles Superior Court ?

I was maliciously prosecuted by the catholic church for a crime that never happened. A jury found me not guilty. My public defender missed the deadline for filing my factually innocent. I lost in Superior court twice and in Appellate court twice. I lost in appellate court twice. My court... View More

Michael Patrick Hernandez
Michael Patrick Hernandez
answered on Oct 30, 2024

I'm sorry to hear about your situation; it sounds incredibly challenging and frustrating. If you've been through multiple levels of court and are facing difficulties with your representation, you may still have options for appealing your case or seeking legal recourse.

Seek New...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Hello, . I've been having a problem with my civil right to privacy in my home and on line. No one

Has come forward or told me why. My property has been taken and destroyed. I've asked, cried, screened and no one has taken any acountability. They have come into my home without my permission or knowing. My mom's home and ex-father in laws and taken my property. I've e-mailed and... View More

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry you're going through this difficult situation. To determine if the case JHA)2008-977 involves you, start by visiting the California court's online records or contacting the court directly for more information. Providing them with the case number can help you access the... View More

1 Answer | Asked in Constitutional Law for California on
Q: How do I get my transcripts corrected for accuracy in my trial record when the judge refused and defended reporter?

I made notice that transcript has errors and statements never made and wanted to augment the transcripts

In my granted continuance for my motion to reconsider,

I also requested to correct reporter’s transcript that had statements inaccuracies.

Then asked for permission to... View More

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry you're facing these challenges with your trial transcripts. Ensuring that your trial record accurately reflects what transpired is crucial for a fair legal process. Start by formally documenting each error you’ve identified in the transcript, including specific pages and lines... View More

1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: Im 23. 2 years ago I got a 52-50 and then 6 months later got 51-50. Google says I have a lifetime ban from guns

I have been hunting my whole life and have my hunting license since 12 and still have one in pocket up to date. I’m not a danger. The past 2 years I been going to a therapist and have like 100 or whatever good visits. My therapist says I should have no problems getting my rights back and the ban... View More

James L. Arrasmith
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answered on Oct 8, 2024

In California, restoring your gun rights after a conviction involves a specific legal process. You will likely need to petition the court to have your rights reinstated, demonstrating your rehabilitation and good behavior since your convictions. Gather all relevant documents, such as proof of your... View More

Q: How to ask court permission to record trials

How to ask judge if I or court reporter can record audio instead of written transcripts?

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answered on Oct 5, 2024

To seek permission to record a trial, start by reviewing the specific rules and procedures of the Fontana, CA court. Each court may have different requirements, so understanding local guidelines is essential. Prepare a formal written request or motion addressed to the judge overseeing your case.... View More

2 Answers | Asked in Employment Law and Constitutional Law for California on
Q: Is this legal? they are coercing me to cover negative amounts in order to

get funds, I put in to cover previous amounts I attempted to cover and the salary/commission

,

Leanplum is a remote sales team. They hire people to click buttons on your computer and push companies up the search engine line. It started ok, but seemed a little off. In one day they... View More

Neil Pedersen
Neil Pedersen
answered on Oct 4, 2024

BEWARE - This models many scams I have seem many times. I cannot tell you that this is a scam for sure, but it looks a lot like proven scams in the past. And note, if you are an employee, this is an unlawful employment practice. Good luck to you.

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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for California on
Q: I'm SMI verified and my doctor wrote a letter for 6 emotional support animal cats and city limits 3 pets

I live in a homeless shelter that helps get housing but they don't tell the matches they found for me that I've got emotional support animals so I keep getting denied and even more the shelter say I'm refusing the housing and so they're trying to kick me out the... View More

James L. Arrasmith
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answered on Oct 1, 2024

It sounds like you’re facing a very challenging situation. Legally, emotional support animals (ESAs) are protected under the Fair Housing Act, which requires housing providers to make reasonable accommodations for individuals with disabilities. However, this can become complicated when local pet... View More

Q: How do I find counsel specializing in civil case(s) complaints against county & state government (California)

Claims filed (and rejected or ignored) in accordance with California law governing legal action against County/State government agencies

Kern County District Attorney - False Felony Charges filed to delay judgement against the State Negligence, False Imprisonment. Malicious Prosecution,... View More

Robert Kane
Robert Kane
answered on Sep 23, 2024

The State Bar Association and your county bar association both have referral services.

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2 Answers | Asked in Libel & Slander, Civil Rights and Constitutional Law for California on
Q: What can I do about a prison giving an inmate paperwork with my name on it so they can brag about it and etc on social

Media what can be done about this is in California what steps can be done my rights have been violated and now this person create narratives and etc with it they are into the street life and all they associates in prison and outside knows I reported this person contacted me on a cell phone made... View More

Robert Kane
Robert Kane
answered on Sep 23, 2024

What paperwork? This could mean almost anything. The prisoner would certainly have access to any court documents concerning him or his children.

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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: I was convicted of 4 offenses. The most serious of the offenses was dismissed after 28.9 years. I'm still confined.

I am on parole for the offense that was dismissed

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answered on Sep 22, 2024

It sounds like you're dealing with a complex situation involving your conviction and parole. If the most serious offense was dismissed, yet you remain confined and on parole, there may be some legal confusion that needs to be addressed. Dismissal of the most serious offense might have an... View More

1 Answer | Asked in Real Estate Law, Antitrust, Constitutional Law and Land Use & Zoning for California on
Q: What are the limitations (if any) applied to an unincorporated American nation pursuant of right to conquest?

Due to fraud and semantic deceit, parents were coerced into signing their children into the corporate slave system. Then through Naturalization the people have claimed the status (US Citizen) themselves,unbeknownst of the totality. By maintaining my American Principality and information to the... View More

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answered on Sep 9, 2024

The idea of an "unincorporated American nation" and rights to conquest, as you describe, isn't recognized under current U.S. law. The United States operates under federal and state legal systems that govern all individuals and entities within its territory. Claims of sovereignty or... View More

1 Answer | Asked in Constitutional Law, Contracts and Domestic Violence for California on
Q: can i file a motion to reconsider DVRO for Manifest Injustice-my lawyer’s misconduct of secretly colluding w/opposing?

My Grounds are CCP1008 new, different facts or laws came afterwards. That my ineffective lawyer throughout my retainment of his services, has continuously IGNORED my every request for legal assistance needed for my case. As well as never meeting with me, my witnesses, and most of all he never... View More

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answered on Sep 5, 2024

You can file a motion to reconsider a Domestic Violence Restraining Order (DVRO) if you believe there has been a manifest injustice due to your lawyer's misconduct. Under California Code of Civil Procedure (CCP) 1008, a motion to reconsider must be based on new or different facts,... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Harrassment or Violation of Civil rights?

Today Divine Saviour catholic church 90065 member lied to police to get them to come out to stop my first amendment. I protest against their noisy amplified sound system. This is a constant problem. LAPD stopped and talked with me. Then left me alone. These liars should not get away from... View More

James L. Arrasmith
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answered on Sep 2, 2024

It sounds like you're dealing with a frustrating situation. If someone lied to the police to interfere with your lawful protest, that could potentially be considered harassment, particularly if it was done repeatedly or with the intent to cause you distress. However, proving harassment usually... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Family Law for California on
Q: CPS has violated our rights, treats, harassment bullying falsifying information intimidation discrimination and hate
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answered on Aug 29, 2024

It sounds like you are facing serious issues with Child Protective Services (CPS) in California. When CPS violates rights, engages in harassment, or falsifies information, it's important to document every interaction. Keep detailed records of all communications, including dates, times, names... View More

1 Answer | Asked in Constitutional Law, Domestic Violence and Legal Malpractice for California on
Q: My DVRO was denied so I filed a motion to reconsider because of new and different facts and laws not available at trial.

I had an ineffective lawyer that failed at my every request for legal service needed for my DVRO he was hired for.

He ignored my every request. Never meeting with me or my witnesses. Especially didn’t review my 67 exhibits needed to go over with him. Well my lawyer hid from me the fact... View More

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answered on Aug 28, 2024

It sounds like you’re dealing with a frustrating and difficult situation involving legal malpractice and ineffective assistance from your lawyer. Given the circumstances, you may want to consider taking specific legal actions against your attorney for failing to properly represent you and for... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for California on
Q: What can I do after I tried reaching out to Da Police fbi military about this going ongoing situations

Inmate social worker military and other people

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answered on Aug 26, 2024

If you've already reached out to law enforcement, the FBI, or the military and haven't received the help you need, consider documenting everything that's happened. Keep records of all your communications, including dates, times, and the names of the people you've spoken to. This... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Civil Rights and Constitutional Law for California on
Q: i was phisically removed from a property after being served with a sheriff lockout while not being named on the paperwok

what can i file for an judge to dedcide the same day on giving me back my rights to the property after wrongful eviction and lockout

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answered on Aug 26, 2024

If you've been wrongfully removed from a property after a sheriff lockout, especially if you were not named on the paperwork, you may have grounds to challenge the eviction. You can file an "Ex Parte Application" for a temporary restraining order (TRO) to regain access to the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: The cops went inside my motorhome w/o my approval or warrant, searched and towed it. Was that legal could they do that?

So it was about 10:15 at night and the blinds were drawn. When the cop knocked on the door I went outside and shut the door. She said, "someone had called and complained because we were there for 4 days." We were there for about 3 hours. My cousin actually towed us there to that location... View More

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answered on Aug 22, 2024

In your situation, it sounds like the police may have violated your rights. The Fourth Amendment protects you from unreasonable searches and seizures, which means that law enforcement typically needs a warrant to enter and search your property, including your motorhome. When you specifically told... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: So what exactly is the law concerning bail agents and entering your home ?

I keep reading answers to this question and none of them are the same and are a little confusing considering the fact that one says a bounty hunter can enter your home but then another says no they cannot enter your home? Not to be rude, but I’m a little aggravated with these answers that almost... View More

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answered on Aug 17, 2024

In California, bail bondsmen, often referred to as bounty hunters, have specific rights under the law, but these rights are not absolute. If someone has skipped bail, a bail bondsman has the authority to apprehend them, but this authority is limited when it comes to entering a private residence.... View More

Q: Can we legally challenge our landlord's short-notice garage conversion, and how can we negotiate to delay the project?

We rent an apartment with an attached garage at Alborada Apartments. The property manager gave us short notice (<6 days) that they're converting our garage into an ADU in a few days. We question the legality and appropriateness of this notice, as we never received prior communication. The... View More

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answered on Aug 17, 2024

You have valid concerns about the short notice your landlord provided for the garage conversion. Under California law, landlords must give tenants "reasonable notice" for major changes like this, especially if it affects your use of the property. Six days' notice may not meet the... View More

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