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0 Answers | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Is it a 1st Amendment violation for a city council to not allow citizens to use people’s names when speaking at meetings

City Mayor refuses to allow citizens to refer to anyone by name when addressing the council at public meetings

1 Answer | Asked in Civil Rights and Constitutional Law for Nevada on
Q: I called 911 and called police on some in traffic for throwing something at my car what will happen .

I want to know if he will get in trouble I have his plate number I actually regret calling police. I didn't write report thoe. Will he get in trouble

James L. Arrasmith
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answered on Jan 24, 2025

When you call 911 and report an incident like someone throwing something at your car, the police will typically document the call and decide how to proceed based on the information you provided. Since you didn’t file a formal report, the situation may not move forward unless they find the action... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Police enters home based on permission from someone who does not legally reside there

Picture this hypothetical scenario (out of curiousity). Say I invite people to my house, where I live with my 1 roomate. Say a police officer enters, saying that they got permission to enter the house from the person who answered the door. If the person does not live there, is it valid for the... View More

James L. Arrasmith
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answered on Jan 24, 2025

If someone who doesn’t legally reside at your home gives police permission to enter, that consent is generally invalid because they lack the authority to give it. For the police to legally enter based on consent, the person granting permission must have common authority over the premises, such as... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: HELLO {Motion to Suppress}1-12-25 {Nolle Prosequi}1-21-25 Pre-Trial Conference {Canceled} Case closed 1-22-25

I want to follow up on this matter, I lost everything regarding the allegations and delusional foolish acts of all these individual

deputies, prosecutor, witness, this matter left me in a great deal of stress depression and homeless after taken days of work to attend the extensive case... View More

Michael Rubin
Michael Rubin
answered on Jan 23, 2025

I am sorry you went through this maelstrom

If you email me a copy of the arrest, motion to suppress, the information and nol pros, I am happy to look at it and give you an educated opinion as to how to proceed, and, against who.

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2 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Federal Crimes for Louisiana on
Q: is there any attorney interested in taking a 1983 and 1985 and 14.s1.8.5.1 claim

suit is in u.s district court right now i'm pro se

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 23, 2025

Your best bet here is to use the search for a lawyer tab and search for 1983 and 1985 and civil rights lawyers in your area who handle plaintiff cases----call them directly and see if any are interested in handling your matter. Good luck.

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1 Answer | Asked in Traffic Tickets, Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: In regards to section 35-1-22a.(4) Can the data alone be used as PC to initiate a traffic stop?

A person was stopped because the automatic plate reader indicated the owner of the vehicle the person was operating had a possible warrant. The driver was not the owner and didn't match the description of the owner. The reason for the stop, according to the report, was due to the data solely.... View More

James L. Arrasmith
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answered on Jan 24, 2025

In this situation, the legality of the traffic stop hinges on whether the data from the automatic plate reader (indicating a possible warrant for the registered owner) provided enough reasonable suspicion to justify the stop. Courts often consider whether the officer had specific, articulable facts... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Education Law and Juvenile Law for North Carolina on
Q: Can a private school legally go through a child's backpack without the owner or guardian notified or present?

It is my understanding that there was no "reasonable cause" and it was simply a "random search" of the students backpacks while they were at recess. No one was notified until after the search was completed.

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answered on Jan 24, 2025

Private schools operate under different rules compared to public schools, as they are not bound by the same constitutional protections. In many cases, private schools have policies outlined in their handbooks or enrollment agreements that give them broad authority to conduct searches of student... View More

0 Answers | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for Florida on
Q: I filed to a foreign custody order from Virginia to Florida with a motion to amend custody and visitation.

Respondent filed a motion to dismiss, and quash for lack of personal and home jurisdiction. I filed a counterclaim stating that Florida remains home state under UCCJEA from previous filings and custody orders, child primary residence 2015-2020, continuing jurisdiction due to my domicile and... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Mississippi on
Q: Any civil right later in or around Hernando MS that do not charge up front abs recive there payment when case won in cou
James L. Arrasmith
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answered on Jan 24, 2025

When contacting these attorneys, it's important to inquire about their fee arrangements to ensure they align with your financial situation. Many civil rights lawyers understand the challenges clients face and are willing to work on a contingency basis, meaning you won't have to pay unless... View More

Q: How do I estimate the settlement to write on my notices of claim? What is the value of my constitutional rights & sanity

For the past 15 months, I have been relentlessly subjected to traumatic retaliation for whistleblowing on the outrageous acts of misconduct, abuse of power, infringements and deprivation of my constitutional rights by the same government officials and Medicaid behavioral health providers employed... View More

James L. Arrasmith
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answered on Jan 24, 2025

Estimating a settlement amount for a notice of claim is a complex process, especially when the harm includes not only financial losses but also emotional and psychological damages. Start by documenting all measurable losses, such as lost income, medical expenses, therapy costs, and any other... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for North Carolina on
Q: If an attorney from a specific law firm represents you, can a different attorney represent a defendant who assaulted you

Owner/Senior Partner of firm was my representative. His nephew is an attorney within that firm who is representing a male who assaulted me (female).

James L. Arrasmith
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answered on Jan 21, 2025

If an attorney from a law firm has already represented you, it may create a conflict of interest for another attorney from the same firm to represent someone whose interests are directly opposed to yours, such as someone accused of assaulting you. Law firms are generally expected to maintain... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Medical Malpractice for California on
Q: I want to file a class action for malpractice and negligent

I prefer to speak please

James L. Arrasmith
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answered on Jan 21, 2025

Filing a medical malpractice class action lawsuit is a significant undertaking that requires careful consideration of several factors. You'll need to demonstrate that multiple patients experienced similar harm due to the same medical provider's negligent actions or systemic issues within... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Florida on
Q: Does anyone take circuit civil cases probono i need help in st johns

Can provide case information if you can help

Charles M.  Baron
Charles M. Baron
answered on Jan 21, 2025

Your first attempt to see if you can receive pro bono legal assistance is to find and contact your local office providing legal services to indigents. It may be called either Legal Services or Legal Aid, depending on what's in your area. If no luck there, try the local bar association for... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Alaska on
Q: What do I do if I am intentionally charged with the crime police. No, I cannot and will not be convicted of.

Know I cannot be convinced of. (Correction)

James L. Arrasmith
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answered on Jan 21, 2025

I've carefully considered your question and want to ensure I provide helpful guidance within legal bounds. Let me help you understand your options if you believe you're wrongly charged:

Your first step should be securing strong legal representation immediately - this is crucial...
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1 Answer | Asked in Civil Rights, Constitutional Law and Legal Malpractice for Louisiana on
Q: Is there a lawyer that can help the plaintiff on this case?

Case 6:24-cv-6151 on pacer.

James L. Arrasmith
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answered on Jan 21, 2025

Finding the right lawyer for your case involves several thoughtful steps to ensure you get effective representation. Start by seeking recommendations from trusted friends, family members, or other professionals who may have dealt with similar legal situations - their personal experiences can... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Probate for Michigan on
Q: If your on felony probation in michigan, do you have a right not to get a phone by choice?
James L. Arrasmith
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answered on Jan 21, 2025

When you're on felony probation in Michigan, you have specific conditions you’re required to follow, and those conditions are typically determined by the court and your probation officer. There isn’t usually a condition that explicitly forces you to own a phone, but having a means of... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Q: My gfriend Defendant, is Jailed at Porter County, no charge hold indefinitely, posted bail, waiting for a bed at DMHA.

(Defendant, chrg F6), mother/18yr and 9yr, on Dec 16th 2024, while coming to court was arrested for Incompetent Commitment Order IC 35-36-3-1(d) to be taken to DMHA IC 12-26-6-8. Defendant was out on bail no violations. Defendant is non-violent & not determined to be danger.

- Sherriff... View More

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answered on Jan 21, 2025

You can file a motion for her immediate release with the court, arguing that the indefinite detention violates her constitutional rights under the Eighth and Fourteenth Amendments. Reference the rulings in *Jackson v. Indiana* and *Indiana v. Davis*, which establish that indefinite commitment due... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for New Jersey on
Q: Can my car be seized from my backyard w/o warrant or arrest nor pulled over two days after a crime was done next door

the facility was broken into next door and they seen that i was outside and walked passed the facility and left with my car but came back and they did this and have the audacity to put a charge on me for it w/o me ever being in there

James A. Abate
James A. Abate
answered on Jan 20, 2025

The police can seize the vehicle, but may not search without a warrant.

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1 Answer | Asked in Criminal Law, Gov & Administrative Law, Civil Rights and Constitutional Law for New Mexico on
Q: I took a plea bargain in a drug case and did my probation and only to have the charge I plead guilty to be expunged.

I was covered under NM Statue 30-31-27.1 because of having a heart attack due to a drug overdose and was in the need of medical Attention. Where Marijuana was seen while awaiting EMT.

James L. Arrasmith
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answered on Jan 21, 2025

Your situation touches on an important aspect of New Mexico's Good Samaritan law, which provides protection for people seeking medical help during overdose emergencies. The fact that marijuana was discovered while you were receiving emergency medical care should have been protected under this... View More

1 Answer | Asked in Constitutional Law for Hawaii on
Q: Where does the US Constitution state that members of Congress must vote in person?

Speaker of the House says remote voting by members is unconstitutional, but I can't find that.

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answered on Jan 21, 2025

The U.S. Constitution does not explicitly require members of Congress to vote in person. The relevant provisions, such as Article I, Section 5, grant each House the authority to determine its rules of proceedings. This allows flexibility in how voting is conducted, leaving it to the discretion of... View More

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