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1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: which cases today cited Martin v. American Potash & Chemical Corp.
James L. Arrasmith
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answered on Oct 14, 2024

Understanding which cases have recently cited Martin v. American Potash & Chemical Corp. can be crucial for your legal research. This case has been referenced in various decisions, particularly those involving environmental regulations and corporate liability. For instance, some appellate... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Can a police pull me over after running my name on the DMV data base for no reason
James L. Arrasmith
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answered on Oct 14, 2024

Yes, police officers have the authority to pull you over if they have a valid reason based on information from the DMV database. However, simply running your name without any specific cause may not provide sufficient justification for a traffic stop. Law enforcement typically requires reasonable... View More

1 Answer | Asked in Real Estate Law, Constitutional Law, Elder Law and Land Use & Zoning for Utah on
Q: Can a Mobile Home resident move his property 5 feet to neighbor's yard and put up a fence ?

The resident just decided to erect a fence on a neighbors yard who has been a resident for 15yrs and is elderly and has been in a hospital for months. A person was a acting as her guardian went to talk to the person who was erecting the fence and was told that she could do it if she wanted to and... View More

James L. Arrasmith
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answered on Oct 14, 2024

Moving a mobile home onto a neighbor’s property without permission is generally not allowed. Property lines are legally defined, and encroaching on someone else’s yard can lead to disputes and legal consequences. Erecting a fence on your neighbor’s land without consent further complicates the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Colorado on
Q: I stole a beer from a college football game and was caught, but I just left with the beer. Will the police come after me
James L. Arrasmith
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answered on Oct 14, 2024

It's understandable to feel anxious after such an incident. Theft, even of a small item like a beer, can lead to consequences depending on the circumstances and local laws.

In many cases, minor thefts might result in a citation or a fine, especially if it's a first offense....
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Q: How do I proceed with a case when I am not being provided information about the case in any manner?

I recently was scheduled for a pretrial conference. I was unable to attend because of a disability and I electronically submitted a motion for continuance stating this. The clerk did not accept the motion I later learned via email. I do not know if the pretrial conference was rescheduled, or if... View More

James L. Arrasmith
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answered on Oct 13, 2024

I'm sorry you're experiencing this frustration. Start by visiting the courthouse in person if possible. Sometimes face-to-face interactions can yield the information you need when electronic or phone attempts fail.

Next, consider reaching out to a legal aid organization or an...
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1 Answer | Asked in Domestic Violence, Civil Rights and Constitutional Law for Kentucky on
Q: Who can i sue for not telling me my rights as a crime victim in ky

I had a dvo against my husband that he broke 4 times and the last time he broke it he strangled me. The commonwealth took over the case and charged him with strangulation in the first degree and breaking dvo multiply times. He was able to get out of jail and go straight to courthouse with his... View More

James L. Arrasmith
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answered on Oct 13, 2024

I'm really sorry to hear about everything you've been through. It’s important to reach out to a lawyer who can review the details of your case and advise you on possible legal actions. They can help determine if there were any violations of your rights and who might be responsible.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: If stoped by police in Wichita Kansas for recording a police department on a public sidewalk do you have to provide id?
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answered on Oct 13, 2024

If you’re recording the police on a public sidewalk in Wichita, Kansas, you generally have the right to do so without being required to provide identification. The First Amendment protects your right to observe and document public officials in public spaces. As long as you’re not interfering... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Delaware on
Q: Can state police come on my property, walk around my house and look in my windows without permission

A neighbors cat got accidentally locked in my building. Two state police came and banged on my doors and windows. Walked around my home several times, looked in my windows, walked around my building. I didn't answer the door because of how aggressively they were banging on my doors and... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm sorry you had to go through that experience. Generally, law enforcement officers need a valid reason to enter private property, such as a warrant or immediate emergency. If they don’t have permission or a warrant, their presence and actions might not be lawful.

Since your state...
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Q: How to appeal an appellate court decision from Los Angeles Superior Court ?

I was maliciously prosecuted by the catholic church for a crime that never happened. A jury found me not guilty. My public defender missed the deadline for filing my factually innocent. I lost in Superior court twice and in Appellate court twice. I lost in appellate court twice. My court... View More

Michael Patrick Hernandez
Michael Patrick Hernandez
answered on Oct 30, 2024

I'm sorry to hear about your situation; it sounds incredibly challenging and frustrating. If you've been through multiple levels of court and are facing difficulties with your representation, you may still have options for appealing your case or seeking legal recourse.

Seek New...
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1 Answer | Asked in Civil Rights, Constitutional Law, Products Liability and Native American Law for Oklahoma on
Q: How do I begin to file with the tort act claim?

It's a hard case because this is the tribal casinos, although I am a tribal member of another tribe. I file a sexual harassment with the HR then I was punished and transferred to another one my benefits started over and the only available shift was 11pm-7am and a no contact agreement was... View More

James L. Arrasmith
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answered on Oct 12, 2024

Starting a tort claim can be complex, especially within a tribal jurisdiction. Begin by gathering all your documentation, including complaints you filed, any correspondence, and evidence of retaliation or harassment. This information will be crucial for your case.

Next, you should reach out...
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1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: Civil rights violation? If adult sprays a physically disabled child with water twice to make the child move off sidewalk

We currently have police report documentation, witness statements and a letter of declination from the City Prosecutor.

James L. Arrasmith
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answered on Oct 12, 2024

I'm sorry you're facing this situation. It's important to reach out to a qualified attorney who can review the details of your case and provide guidance tailored to your circumstances.

You might also consider contacting civil rights organizations for support and resources....
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2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Florida on
Q: Can my friend sue for negligence after a detox facility and police mishandled his Baker Act?

I helped my friend check into a detox and mental health facility one afternoon. The next morning, when I called to check on him, they had no idea where he was. I later learned from a corrections officer friend of mine that my friend was in jail for petty theft… stealing water and a sandwich,... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 13, 2024

You are obviously a very good friend to that person - but your friend must be the one who seeks legal advice. You may assist your friend by looking for a lawyer for him to consult with, and your friend can include you in the communications with a lawyer if he wishes, but it would not be lawful for... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Q: Seeking recommendations for an attorney that specializes in civil rights & police misconduct with proven results in KY.

for false arrest, false imprisonment, malicious prosecution, failure to intervene and excessive unreasonable bond. This is a gross miscarriage of justice that has ruined our business and life over the last 10 months and we need help.

Need an aggressive attorney not afraid of small town... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm truly sorry to hear about the challenges you're facing. It's important to connect with someone who can fiercely advocate for your rights and help navigate the complexities of your situation.

Start by reaching out to the Kentucky Bar Association, which can provide...
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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Federal Crimes for New York on
Q: Do I have a federal civil rights violation case against this officer and police officer?

When I was pulled over a cop came to the window and I asked him why did he pull me over. He then asked for my physical credentials. I took my time retrieving them because I wanted him to answer my question. I then asked a couple more times and he said ("because I can"). I responded back... View More

James L. Arrasmith
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answered on Oct 11, 2024

I'm sorry you went through that experience. It’s important to understand that police officers need a valid reason or probable cause to initiate a traffic stop. If the officer couldn’t clearly explain why you were stopped or relied on vague reasons like "because I can," this might... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: if i gave the police consent to search my phones can i revoke it and get my phones back

the police said they needed to search my phones for evidence of a crime they suspected i might have commited so i gave them consent can i revoke that consent and get my phone back. They searched me at school and found i had 9 phones on me which i owned them all and blank credit cards with nothing... View More

James L. Arrasmith
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answered on Oct 11, 2024

Yes, you can revoke your consent to the police to search your phones. If you no longer wish for them to continue searching, you have the right to withdraw your permission. However, revoking consent doesn’t mean they will immediately stop or return your phones, especially if they believe the... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Utah on
Q: How to process fraud on the court UT. Civil case dated 1991.

Judge otherwise terminated property lien without jurisdiction nor authority.. judge and property owner were golfing buddies prior to permanent injuries sustained on 2 7 91. The property lien filed in summit County for 7 m, 1995. Lien soon thereafter terminated.......

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry you're facing this situation. To address fraud on the court in Utah for a case from 1991, you should first gather all relevant documents, including court records, the property lien, and any evidence of the relationship between the judge and property owner. This documentation... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Hello, . I've been having a problem with my civil right to privacy in my home and on line. No one

Has come forward or told me why. My property has been taken and destroyed. I've asked, cried, screened and no one has taken any acountability. They have come into my home without my permission or knowing. My mom's home and ex-father in laws and taken my property. I've e-mailed and... View More

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answered on Oct 10, 2024

I'm sorry you're going through this difficult situation. To determine if the case JHA)2008-977 involves you, start by visiting the California court's online records or contacting the court directly for more information. Providing them with the case number can help you access the... View More

1 Answer | Asked in Constitutional Law for California on
Q: How do I get my transcripts corrected for accuracy in my trial record when the judge refused and defended reporter?

I made notice that transcript has errors and statements never made and wanted to augment the transcripts

In my granted continuance for my motion to reconsider,

I also requested to correct reporter’s transcript that had statements inaccuracies.

Then asked for permission to... View More

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry you're facing these challenges with your trial transcripts. Ensuring that your trial record accurately reflects what transpired is crucial for a fair legal process. Start by formally documenting each error you’ve identified in the transcript, including specific pages and lines... View More

1 Answer | Asked in Constitutional Law for New Mexico on
Q: Can we complain to our HOA about “trump” flags flying on poles?
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answered on Oct 10, 2024

Yes, you can complain to your HOA about "Trump" flags flying on poles if you believe they violate community guidelines. First, review your HOA's bylaws to see if there are any restrictions on flags, signs, or political displays. If the flags breach any rules, you have grounds to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Intellectual Property for Iowa on
Q: Is it legal for cops to take a deceased persons cell phone without a warrant?

A friend of mine passed away suddenly and while they were taking the body out of his home the cops took his cell phone too. How do we get it back?

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about your friend's passing and understand how difficult this situation must be for you.

In certain situations, law enforcement can seize personal property without a warrant, especially if they believe it contains evidence related to an investigation or if there...
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