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Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Child Custody and Constitutional Law for Kentucky on
Q: Is DCBS required to notify me of a substantiated case finding against me?

I have just been informed by a potential employer that my name is on the Child Abuse Registry, apparently due to a substantiated DCBS case filed against me 5 years ago for Abandonment & Supervision Neglect. DCBS never notified me of this substantiation and never attempted to remove my child... View More

Timothy Denison
Timothy Denison
answered on Apr 18, 2024

Yes. They are required to notice you.

1 Answer | Asked in Contracts and Constitutional Law for Kansas on
Q: Can a city government stop doing business with a newspaper because it does not like a story about it?

The mayor of my town has recently announced that the city will no longer do business with the local paper because he did not like an article about a city council meeting.

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2024

A Kansas attorney could advise best, but your question remains open for a week. Unless the government is bound by conditions for working with local businesses, either by agreement or by law, they are usually free to work with who they want to work with (in terms of giving a publication advertising... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Juvenile Law for Florida on
Q: In 1985 a 16 year old was questioned about a murder. Was his guardian supposed to be notified?
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answered on Apr 17, 2024

The requirement for police to notify a guardian when questioning a minor varies depending on the jurisdiction and specific circumstances. In the United States, the Supreme Court case Fare v. Michael C. (1979) held that juvenile suspects must be given Miranda warnings before questioning. However, it... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Police have my car for three years and haven’t notified me

a customer of mine was buying a car for me, but never made the payments turn to find out he was arrested and the car was seized over three years ago, and I been legal owner never notified by any sort or kind of communication via, but not limited to : written letter, Fax , phone , email, and in... View More

James L. Arrasmith
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answered on Apr 17, 2024

If you are the legal owner of the car and it was seized by the police over three years ago without any notification, you should take the following steps:

1. Gather all documents proving your ownership of the vehicle, such as the title, registration, bill of sale, or any other relevant...
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1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Can I use martial arts on the street to defend myself if attacked in new Mexico?
James L. Arrasmith
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answered on Apr 17, 2024

In New Mexico, you have the right to defend yourself if you are attacked, but there are important legal considerations to keep in mind:

Self-defense laws: New Mexico follows the "stand your ground" principle, which means you do not have a duty to retreat before using force to...
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1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Civil Litigation and Collections on
Q: How do I file for exemption of my income in a debit collectors complaint file in civil court?

My only source of income is social security disability. I do not own any real estate property, burial plan, or Plot. I do not have life insurance policy. My car has a lien on it and I make monthly payments. I need to file for exemption of my income and bank account. How do I do this without a... View More

James L. Arrasmith
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answered on Apr 17, 2024

If you are being sued by a debt collector in civil court and your only income is from Social Security Disability (SSDI), you can file for an exemption to protect your income and assets from being garnished or seized. Here are the steps you can take:

1. Respond to the lawsuit: File a written...
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1 Answer | Asked in Civil Rights and Constitutional Law for Maine on
Q: I had to go to court over a False Police Report and Entrapment and did not have a lawyer when I went to court.

The two evil women who testified against me perjured themselves in front of the judge and she had no right to take the testimony when there's no evidence and...

James L. Arrasmith
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answered on Apr 17, 2024

I apologize that you had to go through such a difficult experience in court. It sounds like you feel the allegations against you were false and unjust, and that facing the legal system without a lawyer was very challenging.

A few thoughts, while acknowledging I don't know all the...
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1 Answer | Asked in Family Law, Communications Law, Constitutional Law and Elder Law for Indiana on
Q: I was not notified of a court hearing in KY, what can I do?

My wife's son, from a previous marriage, has filed for guardian and conservator over my wife and apparently was already awarded emergency guardianship. He emailed my son and I unofficial and incomplete documents wanting us to sign my right to be notified away and we refused because my wife... View More

James L. Arrasmith
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answered on Apr 17, 2024

In Kentucky, the law requires that certain interested parties be notified of guardianship and conservatorship proceedings. According to Kentucky Revised Statutes (KRS) 387.580, the person for whom a guardian or conservator is sought (your wife, in this case) must be notified, unless the court finds... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: Should inhumane mistreatment in a prison automatically result in a transfer of the mistreated inmate?

If the courts have knowledge shouldn’t they do something about it? And how can they trust the prison from not continuing to do it? Which is why they should probably be transfered?

James L. Arrasmith
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answered on Apr 16, 2024

There are several important considerations to weigh regarding automatically transferring inmates who have been inhumanely mistreated:

On one hand, the priority should be protecting the safety and human rights of incarcerated individuals. If an inmate has faced abuse, assault, torture, or...
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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Washington DC on
Q: Is their anyway supreme court justices could be held by stricter standards without them (supreme court) deciding it?

Is their a way the supreme court could be held too stricter standards without them getting involved in the process?

James L. Arrasmith
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answered on Apr 16, 2024

Yes, there are a few ways that stricter standards could potentially be applied to Supreme Court justices without direct involvement from the Supreme Court itself:

1. Constitutional amendment: The Constitution could theoretically be amended to impose term limits, ethics rules, or other...
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Q: When Justice Alito stated “ roe was egregious from the start” in his opinion in Hobbs can that be seen as premeditated?

Can him writing that infer a premeditated opinion that calls for ethical questions of why he didn’t recuse himself from the case. Making it clear you never agreed with Roe v Wade and call it “egregious”. Also he voted to hear the 3rd case with new justices despite the stare decises and no new... View More

James L. Arrasmith
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answered on Apr 16, 2024

You raise an interesting question about whether Justice Alito's statement in the Dobbs opinion could be seen as evidence of a premeditated intention to overturn Roe v. Wade. A few key points to consider:

From a legal ethics perspective, prior disagreement with a precedent is not in...
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1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: i will attempt my defense the best i can i won't back down even if it means i spend 7 years in the pen as jfk said this

war is bad for our nations security the enemy has advaced they have taken over this country in the form of dea & democracy which we are guaranteed a republican form of government & we ain't 2nd 14th amendment no law shall be created that deprives a us citizen their privilege which is... View More

James L. Arrasmith
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answered on Apr 16, 2024

I understand that you feel very strongly about these issues and want to defend your views, but I have some concerns about the approach you're describing. While you have every right to present your defense as you see fit, I would advise carefully considering the potential consequences and... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: Can an officer other than my assigned PB officer search my property any time they want? Without my PB being there

An officer showed up at my house without my probation officer being present and arrested me took me to jail while they were still conducting a search on my property and house after I was taken to jail they were still searching my property no warrant or warning

James L. Arrasmith
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answered on Apr 15, 2024

In general, probation officers and other law enforcement officials need to follow proper legal procedures when conducting searches, which typically require either consent, a warrant, or certain exigent circumstances. However, the specific rules can vary depending on the terms of your probation and... View More

2 Answers | Asked in Constitutional Law for Florida on
Q: Can the police drill holes from the Apt nextdoor and put cameras to monitor inside my apt
James L. Arrasmith
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answered on Apr 15, 2024

No, the police cannot legally drill holes and install cameras to monitor the inside of your apartment without proper authorization. Here are a few key points regarding this:

1. Fourth Amendment protection: In the United States, the Fourth Amendment protects citizens against unreasonable...
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1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Personal Injury for West Virginia on
Q: How do you obtain help when the sheriff leaves the victim out of violent crimes,like I’m not even a human being..

I am disabled and need relief from the abuse of the KCSD, I don’t need monetary anything , I need help ,my house is not safe for me I need a safe place to go, victim resources that do more than just refer you to another number and another number . I need help with obtaining an advocate working... View More

James L. Arrasmith
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answered on Apr 15, 2024

I'm so sorry you're going through this incredibly difficult and traumatic situation. It's completely unacceptable for law enforcement to fail to protect victims of violent crime. You deserve to feel safe and supported. Here are some suggestions for getting help outside of the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on
Q: Illegal search and seize? Was my rights violated?

I'm in Alabama and was arrested. The vehicle i.was riding as a passenger in with my boyfriend was pulled over by the police. They start yelling over the PA or something from driver to put his hands out the window and make some back up out towards them. I'm going to do the same thing for... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you provided, there are a few potential issues with the actions of the police officers during your arrest. However, whether your rights were violated would depend on additional details and the specific circumstances of the situation.

1. Probable Cause: The police...
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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: Pulled over no working license plate light ..lie ..it worked ..asked to search my truck i said no they called out k9

Said k9 alerted on my truck searched it without concent found nothing held me for a hr over nothing but a license plate light that worked ..is this a violation of my rights and can i file a lawsuit against them for harassment the second officer that pulled up also agreed with the first officer and... View More

James L. Arrasmith
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answered on Apr 14, 2024

Based on the information you've provided, it seems that there may have been a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures. Here are a few key points to consider:

1. Probable Cause: The officers must have probable cause to search...
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1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Alaska on
Q: Is this a illegal extension of a traffic stop based on false accusations.

If I was accused of being under the influence of Opioid due to having a raspy voice and my pupils were constricted, a DUI charge stemmed from this and multiple other charges followed but when my blood lab results returned the lab stated i had no Opioids in my system would this be a fightable charge.

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you've provided, it seems that the initial justification for the DUI charge and subsequent charges may have been flawed, as the arresting officer's suspicion of opioid use was not supported by the blood test results. This could potentially form the basis for... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: k yes what would your defence be as the prosecutor against me trying to argue that im guilty of the crime of possession

in the privacy of my home when i argue that it is treason & i am free & that the warrant was very unreasonable as it is my right as a free citizen of the united states to have non stolen guns & to have drugs as long as i didn't take another's liberty in any manner & as a... View More

James L. Arrasmith
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answered on Apr 14, 2024

The Fourth Amendment protects against unreasonable searches and seizures, but if law enforcement obtained a valid search warrant by demonstrating probable cause to a judge, they are legally allowed to search your home and seize contraband like drugs and illegal weapons. Calling this... View More

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