For example, if the police asked small talk questions to me and I answer them and then they ask a crime related question like “Were you with [X person] tonight?”, can the fact I invoked after that specific question be used against me? Does this depend on wether I’m in a voluntary discussion... View More

Tillman Clark
answered on Mar 7, 2025

Generally, the mere fact that you invoked Miranda rights after a specific question cannot be used against you in court as evidence of guilt.

The analysis definitely depends heavily on whether you were in custody when questioned. Miranda only applies during custodial interrogation, and... View More

During a traffic stop in which I was a passenger, the vehicle was stopped for a suspended license. The officer instructed us to get out of the car and conducted a search without asking for consent or providing a warrant. The officer mentioned the search was due to me scratching myself, which he... View More

I am a high school student in Tennessee and have become increasingly worried about the threat of school shooters and escalating violence, such as fights, at my school. I am considering regularly wearing a bulletproof vest to school as a precautionary measure. I have discussed this idea with my... View More

I have a mental health bar to firearms imposed by California. I have not been committed to an institution for over a year and have been under psychiatric care since. I've noticed that the North Carolina statute 122C-54.1(b) used to directly address this issue but no longer does. I have... View More

I requested a religious exemption for vaccines for my child at a private school in Tennessee, and it was denied because it goes against their policy. The school's handbook includes guidelines for exemptions, and I've communicated with the administration about this issue. Are private... View More

I am inquiring about a specific incident where a county-issued search warrant was executed, resulting in my son, who was staying temporarily as a guest at my residence, being taken into custody and put on a US Marshal hold at a federal holding unit. Although he has no legal paperwork as a tenant,... View More

If a person on trial for murder in New York City is discovered by his lawyer to be a vigilante, and this information is not related to the defense strategy nor known to anyone else, does the lawyer have an obligation to disclose this information to the judge and prosecution, especially if the... View More

I am an individual considering a legal challenge to the Permanent Apportionment Act of 1929, which caps the House of Representatives at 435 seats, on the grounds it conflicts with Article I, Section 2 of the U.S. Constitution. This section originally set representation at a ratio of 1 per 30,000... View More

I want to appeal a probate court decision in Banks County, Georgia. I believe my rights under the Fourth to Eighth Amendments were violated, as the court allowed hearsay comments and engaged in misleading statements. Furthermore, I was incorrectly informed that a lawyer was appointed for my... View More

I currently have a camera installed in my teen's room because I don't trust them. My teen has asked me to remove it, but I have refused. Is it illegal to maintain a camera in their room, and what privacy issues or legal concerns should I be aware of?

I am inquiring about the legal authority of a federal court in a new jurisdiction to modify the original conditions of supervised release for an individual who has transferred jurisdictions, without any evidence or allegations of a violation. Specifically, what powers does the new court have under... View More

I plan to protest at a Target store tomorrow morning on public property. I've attempted to notify local authorities but haven't received a response yet. I am aware of private property laws and expect to be the only participant. What are my rights and limits in this situation?

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2025

If you are going alone, I would bring a video camera.

Your only concern is trespassing. If you protest in the form of "picketing" you can do so all you want. The key is to keep moving. As long as you keep moving, you can protest, carry signs, yell-out your grievances, and ask for... View More

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I am looking to start a lawsuit as I have filed a civil rights case. I discovered two listening devices under my house that I believe were placed by the police, and I'm experiencing harassment from them. I have legal documentation regarding my case and have kept a journal about the federal... View More

I am concerned about the legitimacy of a president who was impeached by Congress in 2021 for 'incitement of an insurrection,' as well as the decision by the Colorado Supreme Court, based on Article 14, Section 3 of the U.S. Constitution. Given that Article 14, Section 3 disqualifies... View More

I believe my Fourth Amendment rights were violated on October 4, 2024, when public safety officers beat me, refused to give me water, and scarred my face. I'm currently involved in a criminal case related to dumpster diving, which is being handled by a public defender. I haven't taken any... View More

I serve on a committee under the State Police, which operates within the Executive Branch. Our role is to improve 911 services and oversee training and compliance. We were informed that, due to an executive order signed by the Governor, the committee cannot publicly testify for or against... View More

In my three-year-old simple possession case, I feel improperly represented as my attorney hasn't shown me any evidence, and computer issues were cited as a reason. Despite this being my first appearance before the judge, he is pushing to quickly resolve the case. My requests for a change of... View More

I believe the City of Shamrock is using unlawful tactics to obtain my two properties through city liens. Initially, they trespassed on my properties to inspect building conditions. After confronting them about this illegal trespassing, they returned with an Administrative Search Warrant for one... View More

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2025

You need to get a lawyer in between your property and the city.

In any event, you can always ask for an extension of time in all of the proceedings that involve your property.

Using a search warrant for two locations sounds illegal. If you have a copy, I would like to see it.... View More

I am located in Alabama, and I received a call from a county clerk in Florida, which is a two-party consent state. I want to record the call to have a record of it. Is it legal for me to record this call without informing the other party?

I need to file a pro se motion to unseal an in-camera hearing in New Jersey, where an eye witness who initially invoked the 5th Amendment testified. During this hearing, the prosecutor explicitly stated that their job was to convict me regardless of my innocence, which was documented in a sealed... View More