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California Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Libel & Slander for California on
Q: I’m pressing libel slander defamation of character and 4 criminal complaints one civil. Issues range from forgerr and f

I’m in Pittsburgh pa and the issue followed me to both beaver and Washington county. I went to Canada still was tracked through the internet. Same w Dallas Texas. I have all well documented. Many police reports many a.p.s. Reports that can b subpoenaed. Catastrophic health damage costs resulting... View More

James L. Arrasmith
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answered on Feb 22, 2024

In Pennsylvania, acquiring a lawyer for your situation entails reaching out to legal resources such as local bar associations, legal aid societies, or attorney referral services. These organizations can connect you with attorneys experienced in handling cases involving libel, slander, defamation,... View More

1 Answer | Asked in Car Accidents, Civil Rights and Constitutional Law for California on
Q: What is the lower limit of detention and the upper limit?

What is the lower limit of detention (when a normal dialog with a police officer begins to be classified as detention) and the upper limit (when detention begins to be classified as arrest)? Please with specific examples and key distinguishing features.

Is a traffic stop or on-the-spot... View More

James L. Arrasmith
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answered on Feb 21, 2024

A detention occurs when a police officer stops an individual and restricts their freedom to leave, based on a reasonable suspicion that the person is involved in criminal activity. This is more than a casual conversation but less than an arrest, which requires probable cause. The lower limit of... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Can I voluntarily consent to an FBI wiretap without a court order?

In California, can a person voluntarily consent to the FBI using a wiretap of their conversations without a court order? Or can such a person use a tape recorder in their conversations without notifying their interlocutors so that they can then turn over a recording of the conversation to the FBI... View More

James L. Arrasmith
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answered on Feb 21, 2024

California is a "two-party consent" state, which means that all parties involved in a private conversation must consent to the recording of the conversation. This law is outlined in the California Penal Code Section 632, part of the California Invasion of Privacy Act. Without the consent... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Legal Malpractice for California on
Q: Claim requires tolling provisions, fraud con. + mental disability. Denied rep. due to sol. Isnt that disab discr?

Hit-and-run left me with TBI. This injury has also prevented me from handling this case effectively, timely. On top of that, I was also denied access to police report until criminal sol expired. Report contained vital witness info/statements that identified driver. Keep being denied representation... View More

William John Light
William John Light
answered on Feb 13, 2024

Nothing you have written indicates any of the criteria for tolling. You should have hired an attorney early in the process. Mental incapacity to qualify for tollingis more than a TBI . Unless you were a minor, or the defendant was absent from the state for some period of time, or the Defendant... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Hit-and-run claim was delayed by police withholding report, or making arrest. Would that toll the s.o.l?

After hit-and-run, I expected a quick arrest as there were witnesses and driver/passenger were identified. But no arrest made, police withheld report until right after criminal sol expired. Once received, I'm enraged with the amount of information eyewitnesses gave, and clear evidence the... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, the statute of limitations (SOL) for filing a claim related to a hit-and-run incident is typically two years from the date of the incident. However, if there are circumstances that prevented you from discovering the identity of the responsible party or filing a claim within... View More

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: Hi ! If you have a search warrant, but with a misspelled name. Does case law at the federal level exist?
James L. Arrasmith
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answered on Feb 22, 2024

Yes, there is some relevant federal case law regarding search warrants with misspelled names. The key principles established in rulings by federal appeals courts are:

- Minor spelling errors or typos in a name on a search warrant will not necessarily invalidate the warrant. Courts allow for...
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Q: Do I have to sign an arbitration agreement as a condition of continued employment if I don’t understand the terms? CA
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

A California employment should answer your question, but it remains open for two weeks. Until then, arbitration clauses are commonly used. They can be a take-it-or-leave issue - it may not be relevant that the prospective employee does not fully understand the terms. I have seen this on injury... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Is this a liable civil litigation claim against Walmart for discrimination?

Received a settlement check for an injury in Walmart, used no Lawyer. Went to the very same Walmart where the injury occurred to cash the check it was told that I cannot cash the check due to a PO Box on the check even though that it’s not a policy that they have nor is that a policy for cashing... View More

James L. Arrasmith
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answered on Feb 5, 2024

Under California law, the situation you've described may potentially be a valid civil litigation claim against Walmart for discrimination. If you believe that you were denied the ability to cash a settlement check due to your race and that Walmart's actions were discriminatory, you should... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: A CHP asked me to grab my daughters ID from a crashed vehicle. I refused, he then beat me and arrested me. Is that legal

I was choked unconscious, tazed multiple times, broken ribs, no feeling in tops of hands

James L. Arrasmith
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answered on Jan 31, 2024

Under California law, police officers have certain powers to enforce the law and ensure public safety, but these powers are subject to legal and constitutional limitations. In the scenario you described, the use of force by a police officer, especially to the extent of causing serious injury,... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for California on
Q: Can I sue my job for not giving me hours and discrimination.

I am currently the only African American that works at my job. Since day one they were trying to find ways to get rid of me. Soo, I’ve been working at this job for full time, I had got covid from my mom and sister and called off for a few days because I was sick. I informed my bosses of this... View More

James L. Arrasmith
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answered on Jan 29, 2024

In California, employment laws protect workers from discrimination and unfair treatment in the workplace. If you believe that you're being discriminated against at your job, particularly because of your race, or that your reduction in hours is a form of unfair treatment, you may have grounds... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can a police department withhold an incident/ police report number? Not a copy.. literally just the report number?

I’m trying to get an incident by three support number and I requested it directly with the department via email on 19 December and at 11 PM on the 25th I received a response stating

PD is unable to release the requested information/report to you as a matter related to victim is subject... View More

James L. Arrasmith
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answered on Jan 27, 2024

Under California law, police departments generally provide incident or police report numbers upon request. However, in specific situations, they may withhold even the report number if releasing it could compromise an ongoing investigation or endanger victims or witnesses.

The exemptions...
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3 Answers | Asked in Constitutional Law, Employment Discrimination and Employment Law for California on
Q: Can my employer separate my employment stating Job Abandonment yet not once did I receive a phone call from them?

I am on a medical leave that was forced on me by employer stating they were unable to make the accommodations that were written by my Doctor. I recieved an email today and just saw the email this evening -1/25/24 11:00 am and saw it at 9:00 pm - It was an email with a “Notice of Letter of Intent... View More

Maya L. Serkova
Maya L. Serkova
answered on Jan 26, 2024

I am sorry this happened to you. Under Fair Employment and Housing Act your employer has obligations to engage in the timely good faith interactive process and to provide a reasonable accommodation unless it poses an undue burden on the employer. It is unlawful to terminate an employee in... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can the city of riverside California Violate my constitutional rights on freedom of religion

I was cited for playing Christmas music on my trumpet at Christmas time Thursday thru Sunday on main st in riverside.

James L. Arrasmith
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answered on Jan 25, 2024

In the United States, the Constitution protects the freedom of religion, but this right can be subject to certain limitations, especially when it intersects with public policy and local laws. If you were cited in Riverside, California, for playing Christmas music on your trumpet, it's... View More

2 Answers | Asked in Criminal Law, Family Law, Personal Injury, Constitutional Law and Child Custody for California on
Q: what should i do if i can show proof of falsified information in a report in order to remove my children from my care?

i have as well found documented evidence of my signature forged in order to forward my mail to a address not of my own and in doing so i never was sent reports written out by social worker and supervisor and the only place this address was showing up was on the cps filed court documents that i... View More

Padideh Seyed Jafari
Padideh Seyed Jafari
answered on Jan 25, 2024

If you have evidence of falsified information in a report that led to your children being removed from your care, and evidence of your signature being forged for mail redirection, it's crucial to take immediate and organized legal action. Here are the steps you should consider:... View More

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3 Answers | Asked in Bankruptcy, Criminal Law and Constitutional Law for California on
Q: After a warrant is issued, is there a time window where they are supposed to get you in front of a judge.

I've had a warrant for over a year. And they've never once have attempted to come to my residence to arrest me

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answered on Jan 22, 2024

Under California law, once an arrest warrant is issued, there is no specific time frame within which law enforcement must execute the warrant and bring you before a judge. However, once you are arrested on the warrant, the law does require that you be brought before a court without unnecessary... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for California on
Q: do I need a cww permit in california to exercise my 2nd amendment and 14th amendment? my civil rights feel violated?

U.S. Supreme Court ruled 6–3 that "the Second and Fourteenth Amendments protect an individual's right to carry a handgun for self-defense outside the home. United States Supreme Court in New York State Rifle & Pistol Association, Inc. v. Bruen, possession of a concealed firearm and... View More

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answered on Jan 22, 2024

In California, despite the ruling in New York State Rifle & Pistol Association, Inc. v. Bruen by the U.S. Supreme Court, which emphasized the right to carry a handgun for self-defense outside the home, the state still requires individuals to obtain a concealed carry weapon (CCW) permit to... View More

1 Answer | Asked in Employment Law, Immigration Law, Civil Rights and Constitutional Law for California on
Q: How to fix or update my status.

I came here in US 1993 from Bangladesh with student visa never finished college. From 1993 to 2023 lived in Minnesota. Got married in 2005 ( living together since 2001 ) , bought house in Minnesota. Have a daughter who was born in 2005 currently UCSD student now. My wife and daughter both born US... View More

James L. Arrasmith
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answered on Jan 21, 2024

To address your immigration status, it's important to take several steps. First, consider applying for a replacement of your lost passport through the Bangladeshi embassy or consulate. This is a crucial step in establishing your identity and nationality.

Next, you should try to...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: What to do if police officer performed an Illegal Search and Seizure that lead to a criminal charge

How can I find a pro Bono in California that will take my case. And not a public defender

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answered on Jan 19, 2024

If you believe a police officer conducted an illegal search and seizure that led to criminal charges against you, it's important to address this matter promptly. You should consider contacting an attorney who can evaluate the specifics of your case and guide you on how to challenge the search... View More

1 Answer | Asked in Civil Litigation and Constitutional Law for California on
Q: filed restraining order against my neighbor twice. Both times denied have proof of harassment. What should I do?

I filed a restraining order against her. Out of retaliation she files one, lied with no proof and the judge granted hers. I have proof of harassment the judge still denied my petition for a temporary restraining order until my court date. She is getting evicted I need protection for when she moves.

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answered on Jan 18, 2024

In California, if your request for a restraining order has been denied twice despite having proof of harassment, you might need to reconsider how the evidence is presented. It's important that the evidence clearly demonstrates a pattern of harassment or threats to your safety. Documentation,... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Federal Crimes for California on
Q: In California, do I have to open the door for my probation officer, who knocks legally, is it a violation of the law not

Or can I say I wasn't home?

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answered on Jan 18, 2024

In California, as a person on probation, there are specific conditions you need to adhere to, which often include allowing your probation officer to conduct home visits. If your probation officer knocks on your door legally, typically, you are required to allow them access. This is usually a part... View More

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