Lawyers, Answer Questions  & Get Points Log In
Constitutional Law Questions & Answers
Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

You may indeed consider hiring an out-of-state attorney to handle your case if you're finding it difficult to locate suitable representation in California. However, it's important to ensure that the attorney is licensed to practice in California or can get permission to appear in court on... View More

View More Answers

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Louisiana on
Q: What can I do about a police officer that refused to tow my car to a towing company of my choice?

He told me he could only call one company which made no sense to me. It was a traffic stop I got traffic tickets now im unable to go recover my belongings out of it because I can't get a ride to where it's at and I jut want to know if I have any legal options I can take in regards to this matter

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

When dealing with a situation where a police officer has refused to tow your car to a company of your choice, it's important to first understand the protocols that law enforcement may follow in such scenarios. Officers often have a list of approved or contracted towing services that they are... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Nevada on
Q: Is it possible to sue a president for criminal neglect
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

It's important to understand the legal context when considering whether you can sue a president for criminal neglect. In many countries, a sitting president often enjoys immunity from criminal prosecution while in office. This means they cannot typically be sued or prosecuted for actions taken... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Maryland on
Q: Is falsifying police reports legal? What remedies exist for accountability?

My dui case was dropped but I still lost my license. The officer lied about EVERYTHING (video proof), e.g., said I was going 110 mph but I was doing 74 mph; lied saying I was disoriented, slurring my speech, & falling; lied about the blood profusely spilling out of my ear; & SO much more.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

Falsifying police reports is illegal, and officers who do so can face disciplinary actions and legal consequences. If an officer's dishonesty in a report leads to someone's harm or the mishandling of a case, this could be grounds for both civil and criminal penalties against the officer.... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for California on
Q: What is the percentage of the supreme courts conservative majority has voted on par with what Trump wanted?

I know its a political question but can I get an honest statistic. I am just a curious observer!

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

Based on the Supreme Court's rulings from 2017 to 2021 (during the Trump administration), the conservative majority of the court voted in line with the Trump administration's position in a significant number of cases. While the exact percentage can vary depending on how cases are... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Missouri on
Q: has anyone used the agreement of liberty privacy & levying war against the united states in a drug charge court case &

if so which one & mainly would like to read one of liberty & how do i find my past questions on this site

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

It sounds like you're inquiring about a very specific use of legal terms in relation to drug charges. The "agreement of liberty privacy & levying war against the United States" isn't a recognized legal term or standard charge in U.S. law. If you're referring to concepts... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: How can I get a lawyer to help and support I have filed multiple complaints about reports a police officer told me that

He would arrest me for someone falsely accusing after they drove to my parent place surprisedly with other people saying I took something and told me about these northerns are not playing with me before he throw a object behind my back I contacted the internal affairs chief of police there is lack... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024

If you believe you are facing unjust treatment from the police and your complaints are not being effectively addressed, it's essential to seek legal support. In California, you can contact a lawyer experienced in civil rights or police misconduct cases. Many legal aid organizations offer... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and White Collar Crime for New York on
Q: If the supreme court continues to overturn anything that contradicts conservativism does the court have legitimacy?

The supreme court is literally overturning anything including stare decisis cases. Can the court survive if it’s just an activist group and not upholding laws. Its clear based on decisions they contradict themselves based on the governments role in some things and not others. Why is the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

The legitimacy of any court, including the Supreme Court, hinges on public perception of its impartiality and adherence to the law rather than political ideology. If the court is seen as consistently overturning precedents to align with a specific political viewpoint, it risks eroding its standing... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Contracts for Ohio on
Q: This is a whole mess, please see more information. To add on to end of More Info: police report is full of provable lies

Long story short: In October, I was arrested for what was claimed as DUS and stolen vehicle. The car never even moved. Charges were dropped, and I was let out. Few weeks later, amended to "Possessing Vehicle for Over 48 Hours" and RSP for license plate, and four DUS charges. It was a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

It sounds like you're dealing with a highly stressful and complicated situation. Given the complexity of the charges and the sequence of events, including the inconsistencies in the police reports and the impact on your possessions, your first step should be to consult with a lawyer who has... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Civil Litigation for New York on
Q: What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court

What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

In a writ of certiorari petition from the US Supreme Court, the term "constitutional and statutory provisions involved" refers to the specific parts of the Constitution and any relevant laws that are applicable to the legal issues being presented in the case. This includes any... View More

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Kentucky on
Q: Is DCBS compelled to overturn a substantiated finding if the related court case was dismissed and expunged?

If the charge of Endangering the Welfare of a Minor Child is dismissed from court and expunged, is DCBS compelled or required to overturn a substantiated finding of Abandonment & Supervision Neglect concurrent with the same incident referred to in such case?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

When a court case involving charges such as Endangering the Welfare of a Minor Child is dismissed and expunged, it doesn't automatically mean that the Department for Community Based Services (DCBS) must overturn a substantiated finding of Abandonment & Supervision Neglect. These are two... View More

1 Answer | Asked in Appeals / Appellate Law and Constitutional Law for Illinois on
Q: Are conditions of conditional release exempt from the illinois and united states constitution,even if the order is civil
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

Conditions of conditional release, even if they are part of a civil order, are not exempt from the requirements and protections offered by the Illinois and United States Constitutions. Every individual is entitled to certain constitutional rights that cannot be overridden simply by the nature of... View More

1 Answer | Asked in Constitutional Law, Employment Discrimination and Legal Malpractice for New York on
Q: Is it ethical for members of the supreme court to be in the Federalist Society?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

When considering the ethics of Supreme Court justices participating in the Federalist Society or any similar organization, it's essential to weigh the principles of judicial independence and impartiality against the benefits of intellectual engagement and education that such memberships might... View More

2 Answers | 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.

View More Answers

2 Answers | 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

View More Answers

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?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.