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Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kentucky on
Q: Can an officer charge you with possession after the vehicle gets to the impound lot and he goes later and "searches" car

After the vehicle sat there after first tow truck "couldnt haul it" then another tow driver hauled it to their tow yard and seen my guns in my vehicle and called the officer and had him come back out to his tow yard and then they supposedly did a search and found "drugs!" While... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 16, 2021

Inventory searches are semi-protected under the law. It really depends on the facts and what probable cause the police had and if anything was in plain view. I think you need to hire an experienced criminal defense attorney immediately.

1 Answer | Asked in Workers' Compensation, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Employer wants employee's medical info without medical release, is that legal?

Employer wants to know specific medical information about employee. Employer and employee have not consented into any release of medical information about employee? Is this a violation under HIPPA and california state law?

Nancy J. Wallace
Nancy J. Wallace answered on Sep 16, 2021

This is listed in WORKERS COMPENSATION so I'll have to presume there is an on-the-job-injury and the worker has placed her physical condition in issue requesting treatment and disability payments; when there is a WCAB Case Number, the subpena service can get those records because the injured... Read more »

0 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: pretrial detainee in solitary confinement for a month. No misconduct no reason given as to why.

my husband is in pre-trial detention and his case is stalling. There is nothing complicated with the case his lawyer has only visited him 2 times he's been in there since 06/08. They just put him in solitary confinement for the last month the jail guards gave no reason. my husband was helping... Read more »

0 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for Indiana on
Q: Were CHINS statutory 120 day deadline for fact-finding hearings get postponed do to covid?

was it still required to be no longer then 120 days to hold a fact-finding hearing in CHINS case. Was the statutory timeline of 120 days over ruled due to covid. during 9/2020-3/2021 would the Fulton county Indiana courts err in setting a fact-finding CHINS hearing outside of the statutory... Read more »

0 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico on
Q: How long can you be held by local police under a courtesy hold for US Marshals without charges?

My friend served 90 days on a PV sanction & should've been released Mon 9/13 but is still in custody. He hasn't been charged & the only answer we've gotten is it's a Fed hold. Nothing is found when I search online either.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Can officers detain you on a traffic stop and drive your vehicle back to your residence for you to serve a warrant
James Richard Askew
James Richard Askew answered on Sep 16, 2021

Obviously, it depends on the circumstances. Did you provide consent? Was the vehicle moved only a short distance?

An officer should not want to drive your vehicle unless it presents a danger to others i.e. to protect others, prevent imminent harm, etc. If your car is parked in an...
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0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Juvenile Law for Georgia on
Q: Am I a legal guardian if I'm married to the mother of a minor child?

If the courts doesn't have permission to speak with a minor child from the mother and the district attorney's office remove the child without probable cause or any legal cause without a warrant or court order or showing that the minor child is in danger of any thing isn't that a... Read more »

0 Answers | Asked in Products Liability, Civil Rights and Constitutional Law for Indiana on
Q: Can a hotel employee have my car towed without a notification

We were loading up the car to come out to a tow truck hooking up not a word was said to me about it

1 Answer | Asked in Appeals / Appellate Law, Bankruptcy and Constitutional Law for Missouri on
Q: Format for notifying US AG, US Senate, House Committees on Bankruptcy of challenge to constitutionality of Code ?

Can an Article I judge deprive the US Court of Appeals of subject matter jurisdiction ?

Timothy Denison
Timothy Denison answered on Sep 14, 2021

No.

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can a person be charged with possession simply because they are in the car with someone and drugs are found under them?

If drugs are found under the driver seat of a car and the driver is the owner of the car, can the passenger be charged with possession because the driver/owner refuses to take ownership? If so, how likely is a case like that to stick?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Sep 14, 2021

You wouldn't be asking this question if this fact situation hadn't already occurred. So you know the answer already. The passenger(P) can be charged with possession. (If the assumptions I'm making are incorrect, then disregard my answer.)

If the P is charged based solely on...
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0 Answers | Asked in Family Law, Communications Law and Constitutional Law for Florida on
Q: Did I break the law In Florida, a 2 person consent state, I didn’t get her permission

I recorded a woman whom I was dating, with my cell phone(audio), I suspected was cheating on me with two other people who all were conspiring against me to do severe emotional and financial damage

1 Answer | Asked in Real Estate Law and Constitutional Law for Florida on
Q: Can my son live with me at a 55+ community if I am recently mentally disabled.

I have been diagnosed with bipolar, anxiety, depression, PTSD,plus some physical disabillitys.My son moved here I own my trailer but pay a lot rent they said he can't live here he is 33 I want to move in a year they say he can't stay,is there anyway he can stay to help me?

Charles M.  Baron
Charles M. Baron answered on Sep 12, 2021

Consult a lawyer in your area handling elder law issues. Search for lawyer by either clicking on the Find a Lawyer tab on the top of the Justia web page or contact the Florida Bar Lawyer Referral Service, which will refer you to a lawyer with a low consultation fee - see https://lrs.floridabar.org... Read more »

0 Answers | Asked in Employment Law, Constitutional Law and Employment Discrimination on
Q: Storemanager at Woolies, pregnant ladies injured due to company not listening to my pleas, scapegoated out of company.

Store Manager at Woolworths in South Australia, Westlakes 5021. Store making ~ $800k-$1million/week. I was earning ~ $120,000/year

Pregnant ladies x3 had severe falls due to roof leaks. Did all in my power to address and ask for assistance. Woolworths higher ups blamed centre management,... Read more »

0 Answers | Asked in Criminal Law, Personal Injury, Constitutional Law and Small Claims for Georgia on
Q: I have a brother in prison. Is it theft when the prison officials give monetary fines during disciplinary hearing??

Prison officials aren't judges and there's no real due process. Simply taking money from an inmates account has to be a type of theft but how should it be worded in complaint?

0 Answers | Asked in Libel & Slander, Consumer Law and Constitutional Law for Alabama on
Q: My kids mother was stopped and detained in walmart and taken into the security room my kids ages111314 were there

Security told them they had to go outside to the car.. police arrived and he went out to kids and made my daughter put her phone away and not use it and scared them to death by telling them dhr would be coming to their home they should go home and clean it and get it ready.is this legal

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