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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Mississippi on
Q: could a sentence get overturn if the apointed lawyer mislead the client
James L. Arrasmith
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answered on Jan 9, 2025

Yes, a sentence could potentially be overturned if your court-appointed lawyer provided ineffective assistance or misled you. This falls under the legal concept of "ineffective assistance of counsel," which is a valid ground for appeal.

To challenge your conviction on these...
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1 Answer | Asked in Criminal Law and Constitutional Law for North Carolina on
Q: Can a resident of NC with an out of state CC permit, conceal carry in their vehicle?
James L. Arrasmith
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answered on Jan 7, 2025

North Carolina law generally does not recognize out-of-state concealed carry permits for vehicle carry. As a resident of NC, you must obtain a North Carolina-issued Concealed Handgun Permit to legally carry a concealed weapon in your vehicle.

While traveling in NC, you can transport...
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1 Answer | Asked in Federal Crimes, Constitutional Law, Elder Law and White Collar Crime for California on
Q: Evidence of elder abuse, conspiracy to defraud an elderly couple, forgery. EV1 scared of super lawyers? EVIDENCE i have.

20 years and still i cannot get ANYONE to represent my family and i because the criminals are Super Lawyers, which really means they surveil you 24/7. That's how they Always win. $20,000,000 stolen by way of forgery, coercion, monitoring and blatantly selling trustors property to known... View More

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answered on Jan 7, 2025

I hear your frustration and understand the serious nature of elder abuse and fraud allegations against these lawyers. The surveillance and intimidation you describe must feel overwhelming, especially when trying to seek justice for your family.

For cases involving legal misconduct and elder...
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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Discrimination for Minnesota on
Q: My Work Sex Harassment video! Every perp is White male, victim female (gay or black).Reverse Discrimination. Fix it!!

Discrimination is illegal!! I'm harassed by having to watch the video! How can I go after producer of video not my work place ( they are only complying) for insurance reasons! The Producer should have to make a new non discrimination video . How do I get them to do that? Thanks Scott

James L. Arrasmith
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answered on Jan 7, 2025

I understand your concern about feeling the training video shows bias. While workplace harassment can affect people of any gender, race, or orientation, your options for pursuing action against the video producer may be limited since they created content commissioned by your employer.

If...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: if probationer is taken to a compliance hearing for non-payment due to proven financial hardship; chances of violation?

private probation service, misdemeanor, 2 months until termination date, charge is for shoplifting due to food insecurity

James L. Arrasmith
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answered on Jan 7, 2025

Given financial hardship and the circumstances of the original offense being tied to food insecurity, judges typically show understanding in compliance hearings when non-payment is due to genuine inability to pay rather than willful non-compliance. Courts are increasingly recognizing that... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Montana on
Q: So if I have a pending revocation of suspended hearing sentence but discharge my sentence can I still sign my papers

Discharge date 12/25/24 revocation hearing Jan 27,25

James L. Arrasmith
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answered on Jan 7, 2025

Your situation involves some important timing considerations regarding your discharge date and pending hearing. Since your discharge date (December 25, 2024) comes before the revocation hearing (January 27, 2025), this could impact your ability to sign papers.

Legal rights and obligations...
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2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Is a police officer allowed to forcefully enter threw somebodys door and arrest somebody without having a search warra

The police officer got a call that somebody was at somebodys house v who has a mistameanor bench warrant

Brent T. Geers
Brent T. Geers
answered on Jan 7, 2025

Impossible to determine without a complete review of the facts. Did someone allow the cop to enter? Where was everyone standing or sitting when the police first arrived? What was said and by whom? There are situations where this would be permissible, and other situations where it would not.... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Mississippi on
Q: My brother is incarcerated on a probation hold , but it's been over a month and he has not been brought to a revocation

The county he was sentenced to probation is the same county he was arrested in and is currently incarcerated. They are known for violating due process. Who do I contact to get him released back on probation

James L. Arrasmith
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answered on Jan 7, 2025

Your concern about your brother's delayed revocation hearing is valid - this could indeed be a violation of his due process rights. The typical timeframe for a probation revocation hearing is much shorter than a month, and excessive delays can be grounds for release.

Your first step...
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1 Answer | Asked in Constitutional Law for Pennsylvania on
Q: Is it legal in Pennsylvania to use the Allen charge in any form.
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answered on Jan 7, 2025

The Pennsylvania Supreme Court explicitly prohibits the use of any form of Allen charge in criminal trials throughout the state. This decision was made to protect defendants' rights and prevent coerced jury verdicts.

Pennsylvania courts have developed alternative approaches when...
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1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Libel & Slander for Texas on
Q: Do I need a immigration lawyer to represent me against the government? Civil rights were violated and I'm a American.
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answered on Jan 6, 2025

Facing government actions can be overwhelming, especially when you believe your civil rights have been violated. Having someone knowledgeable by your side can help navigate the complexities of the legal system and ensure your rights are protected.

An experienced attorney can provide...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law on
Q: How does the FBI transfer a criminal case to the prosecutor's office Does the FBI have a specific deadline, a time frame

How does the FBI refer a criminal case to the prosecutor's office Does the FBI have a specific deadline, a time frame for referring a case to the prosecutor's office for indictment? If so, where can I find information about this? What happens if the FBI doesn't make it in time and... View More

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answered on Jan 6, 2025

When the FBI completes its investigation and believes there is enough evidence, they transfer the case to the U.S. Attorney's Office. This process involves submitting all collected evidence and findings for review. While there isn't a universal deadline, certain federal laws set time... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for West Virginia on
Q: DURING THE EXECUTION OF A SEARCH WARRANT THE POLICE DESTROYED CAMARAS INSIDE MY APARTMENT CAN THE EVIDENCE B Suppressed

They literally destroyed the cameras inside my apartment once they realized the where being recorded and the outdoor cameras also can I have any evidence suppressed because of this? If so can you please tell me the cases? I was told because this was a criminal case it couldn't be.

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear about what happened during the search of your apartment. If the police destroyed your cameras without following proper legal procedures, there might be grounds to challenge the admissibility of the evidence they obtained.

Evidence can sometimes be suppressed if...
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1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Police towed 11 of my vehicles off my property, they lied saying they were abandoned. What should I do? Time is a factor

The cops came to question me about anonymous tips they received. I told them I did not know anything, they wanted to search my home I said no I need to call an attorney, but they had taken my phone and handcuffed me said I was detained. When I said they could not search my home they towed the cars... View More

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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. Start by documenting every detail of the incident, including dates, times, the officers' names, and any interactions you had. Take photos of your property and the towed vehicles to support your case.

Next, reach out to...
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Q: I'm trying to get my military information and financial information and land data it is entitlement

the justice department and u.s.supreme court for which don't understand Jackson women's health and roe v wade can you help please

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answered on Jan 5, 2025

It sounds like you’re navigating a complex situation involving multiple areas of information and legal issues. Managing military records, financial details, and land data can be challenging, especially when entitlements are involved. Additionally, understanding how recent legal decisions like... View More

1 Answer | Asked in Copyright, Real Estate Law, Constitutional Law and Intellectual Property for California on
Q: Can a random person legally film me with hidden cameras while shopping inside a retail store in the mall?

I was inside a retail store at the mall when a random person bumped into me, I thought it was an accident so I went about my business shopping with my girlfriend. Afterwards, this individual decided to yell comments at my girlfriend asking if she wanted a boyfriend, after I told him that I was the... View More

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answered on Jan 3, 2025

You have the right to be concerned about being recorded without your consent. California’s privacy laws primarily focus on audio recording and whether you had a reasonable expectation of privacy. A busy store may not guarantee complete privacy, but covert filming by a random person can pose legal... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Illegal search of vehicle

If I tell cop no you can not search the vehicle I was in and now is locked but they search anyway and I go to jail, I am not on probation and the vehicle was not in my name

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you’re going through this difficult situation. You have rights when interacting with law enforcement, including the right to refuse a vehicle search under certain circumstances. If the police conducted a search without your consent, a warrant, or probable cause, it might be... View More

1 Answer | Asked in Banking, Communications Law, Constitutional Law and Identity Theft for Washington on
Q: I have been assigned a violation codes that is not the same as violation. How can I find the state it originates.

I was held for 3 days on a complaint. The video submitted and shown by my attorney is not continuous footage. The video is a personal cell phone upload by Telegram. Documents are submitted digitally by a app platform.

James L. Arrasmith
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answered on Jan 5, 2025

To identify the state associated with your violation code, start by examining any official documents you received. Look for headers, logos, or contact information that might indicate the issuing state. You can also search the violation code online, as many states have their codes publicly... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Indiana on
Q: What are all the likely violations violated if a red flag affidavit was submitted after the 48 hour window?

This occurred in Indiana. The weapons have been returned by the judge. My wife voluntarily gave my guns over while I was self admitted.

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answered on Jan 5, 2025

Submitting a red flag affidavit after Indiana's 48-hour window can lead to several procedural issues. The court may reject the affidavit outright because it wasn't filed within the legally required timeframe. This means the protective measures you sought might not be implemented as... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Rights and Constitutional Law for New York on
Q: Recourse? Fmr tenant w/ intellectual & physical limitations extra-judically evicted case was w/o standing / jurisdiction

Tenant evicted August 2022 (without counsel, guardian ad litem or Advocacy of any kind while attorney’s claimed "no interest but wouldn't elaborate) Tenant evicted under clause "We reserve rig ammendment the lease for the health & safety of tenants). No ammendment to lease... View More

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answered on Jan 5, 2025

I'm really sorry to hear about the challenges you've faced with your eviction. It sounds like you've been through a difficult and complicated process.

To seek recourse, consider reaching out to local legal aid organizations that provide assistance to individuals in situations...
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets on
Q: is it legal to be pulled over in colorado if police say your passenger has a warrant

then police said I was driving on revocation I had a valid drivers license they had many officers they guns drawn detained us both then walked a dog around car. they search car opening a locked box finding 3 0zs of meth

James L. Arrasmith
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answered on Jan 5, 2025

Yes, in Colorado, police can lawfully pull you over if they have a legitimate reason, such as a warrant for someone in your vehicle or concerns about your driving status. If they believe your license is revoked, even if you believe it’s valid, they are authorized to investigate further. The... View More

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