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1 Answer | Asked in Civil Rights on
Q: Does school performances, and actors such as Coco Martin, in violation of the RPC A179?
James L. Arrasmith
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answered on Jan 5, 2025

You're probably wondering if school performances or actors like Coco Martin might be violating RPC A179. It's understandable to seek clarity on legal matters related to public activities.

RPC A179 addresses the concealment of felonies, focusing on hiding serious illegal actions....
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: What is enough probable cause

If someone had a fake Facebook account that can no way be linked to them selves and agreed to sell an item to an undercover cop is a agreement to meet enough probable cause to pull any person out of their car without knowing for sure they had the property you're looking for?? They didn't... View More

Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

NYS courts have ruled there are four stages of police encounter leading to probable cause to arrest, whch I am not going to get into since it's involved. However, a court during the prosecution of the case would review the matter pursuant to a motion challenging the basis for arrest and... View More

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1 Answer | Asked in Civil Rights and Municipal Law for Louisiana on
Q: I need help with a guy that lives 2 blocks away and blasts music all day and night.

For the past 5 months there has been this guy blasting music to the point it shakes my entire house. He lives 2 blocks down the road from me. I have looked at the sound ordinance and municipal codes for my parish. I live in Louisiana. What he is doing is a misdemeanor crime, but when I called the... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're dealing with this stressful situation. Start by documenting each instance the music is too loud, noting dates, times, and the impact it has on your household. This evidence can be valuable if you need to take further action.

Next, try approaching your neighbor...
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2 Answers | Asked in Copyright and Civil Rights for Michigan on
Q: what does a real subpoena look like? a physical copy was left at my address

my address is on the subpoena, but not my real name, just "John Doe" and my real IP Address. the Docket number that is on the subpoena does not come up online anywhere i have searched.

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

Not sure what you are looking at, but any real subpoena will have an attorney's name or office to contact, as well as the issuing court.

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2 Answers | Asked in Family Law and Civil Rights for Texas on
Q: Common law in texas
John Michael Frick
John Michael Frick
answered on Dec 16, 2024

Yes, Texas follows common law.

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2 Answers | Asked in Civil Rights for California on
Q: Are cameras allowed in a sober living environment (woman & children) within the bedrooms?

I have been notified that several Sober Living Houses, owned by the same married couple, have cameras within the bedroom. The rules are to dress in the bathroom and not in the room. Is this normal? Individuals have left after finding out about the camera's placement but don't know what to... View More

Louis George Fazzi
Louis George Fazzi
answered on Dec 14, 2024

I take it that you are not personally involved in the situation you described. I am unable to address hypotheticals unsupported by eyewitness testimony. Tempting though it is to delve into an interesting question.

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2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Probate for Illinois on
Q: Grandpaw lied saying he was names executor. No will or probate. can't afford to pay a lawyer upfront. Please advise

1.uncle died no will, never married and no children, no living siblings, at the time of passing next of kin would have been his dad,my grandpa. The probate court has never been petitioned. My grandfather lied to police that he was executor. My grandfather and his girlfriend helped themselves to the... View More

Cheryl Powell
Cheryl Powell
answered on Dec 14, 2024

An executor has to get letters of office from the court to take action on the uncle's estate. If there was no probate, there were no letters of office. That means nobody legally relied on any allegations grandpa made. No bank or court would have relied on such assertions. So the uncle must... View More

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1 Answer | Asked in Civil Rights for Maryland on
Q: Theft and loss of property

My retirement account was wrongly handed over to the state comptrollers office and the state comptroller has ignored all my calls and emails about the matter. Large sums of money are missing from my other bank and retirement accounts. People have come to our house to threaten us. What legal... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. First, document all instances of missing funds and any communications with the state comptroller's office. Gather bank statements, account records, and any correspondence that can support your claims.

Next, consider...
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1 Answer | Asked in Civil Rights for Tennessee on
Q: Can I move a civil case involving civil rights violation to federal court for wrongful arrest
James L. Arrasmith
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answered on Jan 5, 2025

Yes, you can move a civil case involving a civil rights violation to federal court for wrongful arrest under certain conditions. Federal courts have jurisdiction over cases that involve violations of federal civil rights laws, such as those found in 42 U.S.C. § 1983. This means if your wrongful... View More

1 Answer | Asked in Civil Rights for New Jersey on
Q: Do I have any legal ground to request MLS to remove the interior photos of my house due to safety and privacy concerns?

I bought my home four years ago and recently found many interior house photos online. I reached out to MLS to request photo removal but got rejected. They claimed I don't have any legal ground to do so because I don't own the photo. I worry about our safety and privacy since hundreds... View More

James L. Arrasmith
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answered on Jan 5, 2025

You may have limited legal options to compel MLS to remove interior photos of your home. Typically, when you list a property, you grant permission for photos to be used in marketing and listing databases like MLS. This permission is often part of the listing agreement you signed with your real... View More

1 Answer | Asked in Cannabis & Marijuana Law, Civil Litigation, Civil Rights and Small Claims for Georgia on
Q: Possessing legitimate cash with under oz of marijuana. Intent to distribute charges because so. What’s my rights?

I have Chect stubs and bank statements proving legitimacy and ownership.

James L. Arrasmith
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answered on Jan 5, 2025

You have the right to remain silent and not answer any questions from law enforcement without your attorney present. It’s important to exercise this right to avoid inadvertently providing information that could be used against you. You also have the right to request legal representation, and... View More

1 Answer | Asked in Civil Rights and Criminal Law for California on
Q: I Have an EXTREMELY complicated matter in Sacramento. In 2022 I was shot by police during a mental health episode, after

officer made false statements claiming a gun was pointed at me resulting in 21 shots and 6 hitting me. Elk grove pd charged it as an attempted murder but was reduced to a 245 (d) (2), Police used an unwarranted tracker, Body cam proved their statements were clearly false, and I discovered via... View More

James L. Arrasmith
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answered on Dec 14, 2024

This is clearly a complex situation involving serious civil rights concerns, police misconduct allegations, and the intersection of mental health and criminal justice. Your experience with being shot during a mental health episode, followed by questionable police conduct and potentially false... View More

1 Answer | Asked in Animal / Dog Law, Civil Rights, Education Law and Legal Malpractice for New Jersey on
Q: In the state of N.J. can a police officer in plain clothing come into a store where you're innocently shopping and

approach you as you're exiting ask your name and to speak to me outside. The questions asked where none of his business, no ryhm or reason, without my attorney and without just cause or a warrant to place me under arrest. When I asked why...he couldn't answer. He told me we will find... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you experienced that situation. In New Jersey, police officers typically need a valid reason, like reasonable suspicion or probable cause, to detain someone. Approaching you without a clear reason and requesting to speak outside might not align with standard procedures.

Not...
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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Municipal Law for New Hampshire on
Q: Litchfield NH is refusing to renew my non-resident registration for my camper that is garaged 100% in NH?

I have had a camper garaged 100% of the time in Litchfield NH for the past 10-15 years. The person now in charge of the RMV at Litchfield is refusing to renew my NH non-resident registration for no apparent reason. She has asked the Litchfield PD to investigate if the camper is located at the... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear you're facing this issue with your camper registration. It sounds frustrating, especially since you've consistently kept your camper garaged in Litchfield for many years.

First, gather all relevant documentation that proves your camper is stored in...
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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 for Colorado on
Q: if someone signs a check over to you and you create a bank and keep it. Can they get you in trouble for using the money
James L. Arrasmith
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answered on Jan 5, 2025

If someone signs a check over to you, they are authorizing you to receive those funds. By properly endorsing the check and depositing it into your bank account, you are legally entitled to use the money. Make sure the endorsement is clear and matches the requirements of your bank to avoid any... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: What are the proper forms to use for a former inmate who is sewing prison staff for rights violated while incarcerate

Inmate rights violated by oklahoma prison staff. Inmate attempts to exhaust administrative remedies but is thwart until discharge. Now free former Inmate wants to file suit against prison staff. In prison inmates use USC § 1983 to bring suit against prison staff. What form do I use now that I'm out?

James L. Arrasmith
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answered on Jan 5, 2025

To file a lawsuit now that you are no longer incarcerated, you will need to prepare a civil complaint under 42 U.S.C. § 1983. Start by drafting a detailed complaint that outlines how your rights were violated by the Oklahoma prison staff. Make sure to include all relevant facts, dates, and... View More

2 Answers | Asked in Employment Law, Civil Rights, Domestic Violence and Federal Crimes for Missouri on
Q: If the us supreme court dropped my case because it wasn't discrimination is there any other way to be compensated t

We were in a 2 year long legal dispute and 2 weeks away from my jury visit and they dropped it. I have PTSD and had a mask exemption. I was placed off the clock for having one and wasn't allowed to work after that unless I masked. I was a USPS Mail CarrierI was placed off the clock for having... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Dec 13, 2024

If your case has gone that far with the courts finding you are not entitled to any recovery, then you are done.

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1 Answer | Asked in Civil Rights and Criminal Law for California on
Q: i am participating in mental health diversion, and i believe police have abused this program to go fishing

i was arrested in 2022 and charged with 245 (d) (2) i was released in 2024 to participate in mhd program. Officer have since then used this program as a means to go fishing through evidence related to the diverted case despite the fact that this same case is currently diverted, criminal proceedings... View More

James L. Arrasmith
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answered on Dec 13, 2024

Your concern about law enforcement potentially misusing the Mental Health Diversion (MHD) program while your case is diverted is a serious matter that deserves attention.

If you believe officers are improperly accessing or investigating evidence related to your diverted case, you should...
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1 Answer | Asked in Civil Rights for California on
Q: I was placed on a 5150 hold 5 years ago. I had a firearms ban that ended in October of 2024.

Do I automatically get my firearms rights back or do I need to petition for it?

James L. Arrasmith
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answered on Dec 13, 2024

After a 5150 mental health hold in California expires along with the associated firearms prohibition, you don't automatically regain your firearm rights - you need to take specific steps to restore them.

You'll need to file a petition with the superior court in your county of...
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