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1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: Is it wise to seek justice for violations committed by state government?
James L. Arrasmith
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answered on Dec 21, 2024

Seeking justice for violations committed by a state government is a courageous and important step. It can help hold those in power accountable and protect your rights and the rights of others. Taking action may lead to meaningful change and prevent future injustices.

However, pursuing...
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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: I'm in California, if I was charged with a GTA, had a fta during proceedings, got the gta droped can they pursue the fta
James L. Arrasmith
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answered on Dec 19, 2024

Yes, failing to appear (FTA) in court is a separate criminal offense from grand theft auto (GTA) in California. Even if your original GTA charge was dropped, prosecutors can still pursue the FTA charge because it's considered an independent violation of the law.

When you miss a court...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: Does Mississippi Code Title 97, Crimes § 97-35-7 cover a situation where someone refuses to identify to law enforcement?

Does mississippi have a "failure to identify" law or would this be covered under statute 97-35-7 where the failure to identify is a crime in and of itself thank you for your time

James L. Arrasmith
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answered on Dec 21, 2024

You’re right to look into how Mississippi handles refusal to identify yourself to law enforcement. Under Mississippi Code Title 97, Crimes § 97-35-7, it is a misdemeanor if someone refuses to provide identification when a law enforcement officer lawfully requests it. This statute makes it clear... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Nebraska on
Q: Why would the cops wait 2 1/2 years before getting a warrent.And still only have 1 cop and 1 informent.

In 2021 the cops said they did a controled buy but never got a warrent for tell 2023.And the video wrong.Not Me. But arrested me in 2023 and then had a possession charge.If the controled buy was dropped would the fruit from a possession tree be the chargesin 2023

James L. Arrasmith
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answered on Dec 30, 2024

It can be frustrating when legal processes take a long time, especially with limited police resources. Waiting 2½ years for a warrant might happen due to complex investigations, backlog in the legal system, or the need to gather sufficient evidence. With only one officer and one informant, the... View More

1 Answer | Asked in Traffic Tickets, DUI / DWI, Appeals / Appellate Law and Constitutional Law for Arizona on
Q: Traffic stop, exp. tags, blew 0.00 alc. passed field sobriety, isn’t that a Terry stop? No reason for blood test?

They charged me with a dui, I haven’t been to court yet, they suspended my AZDL for refusing a blood test. Got a warrant and tested blood anyways, I haven’t gotten the results back but they charged me with a dui although there was no hearing for that. Fined me for no insurance or registration... View More

James L. Arrasmith
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answered on Dec 30, 2024

I'm sorry you're going through this difficult situation. It sounds like you have several concerns regarding your traffic stop and subsequent charges. To address potential violations of your rights, it's important to consult with a qualified attorney who can review the details of your... View More

1 Answer | Asked in Constitutional Law for Alabama on
Q: In Alabama is a vehicle equipment violation (the old license plate light out is a favorite) grounds for search?

If no open alcohol containers,controlled substances or " possible smells of alcohol or controlled substances is present. In other words the only thing wrong is the equipment violation.

James L. Arrasmith
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answered on Dec 30, 2024

If you're pulled over in Alabama for a minor equipment violation like a license plate light being out, it's important to understand your rights. Typically, such a violation alone does not provide law enforcement with the authority to search your vehicle. Without any signs of open alcohol... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: When a search warrant is issued & executed how long does the officer have to return it to court & have it filed in TN?

Search warrant was issued Oct 23rd and executed Oct 25th. It was then filed twice, Oct 31st and Nov 14th. On another occasion a search was done end of May. A week later in June a arrest warrant was issued but took till Sept to arrest the person. Then in Nov is when the search warrant was filed.... View More

Anthony M. Avery
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answered on Dec 18, 2024

The Defendant obviously did nothing after the first SW but continue what he was doing. Filing with Court should be prompt but tardiness alone will not vitiate the SW. TN Statute protects against most errors. To suppress evidence generated by a SW requires usually showing a lack of probable... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: In custody in orange county and there was a warrant in riverside county and was in custody 08-26-2021 to 11-03-2021

And was bail out on both cases does she get credit for orange county and riverside county for time spent in custody

James L. Arrasmith
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answered on Dec 17, 2024

When you are in custody for multiple cases across different counties in California, you may be eligible for custody credits in both jurisdictions under specific circumstances. This is known as "dual credit" and is governed by California Penal Code Section 2900.5.

In your...
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1 Answer | Asked in Constitutional Law and Federal Crimes for Washington DC on
Q: Given that the SCOTUS did not address matters of guilt in Colorado v. Trump, Is Trump still an insurrectionist?

The Colorado supreme Court ruled that Trump is an oath breaking insurrectionist. The SCOTUS did not change that. It is moot until Congress passes the law to define a process at the Federal level to decide again, meanwhile, is Trump an insurrectionist in Colorado or the US?

James L. Arrasmith
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answered on Dec 30, 2024

If you're seeking clarity on this issue, it's important to stay informed through reliable legal sources and official statements. Legal statuses can evolve with new court decisions or legislative changes, so keeping up-to-date will provide the most accurate understanding of the situation.

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: My sister was in orange county jail and she self surrender and she had another case in riverside county and had a warrat

For not self surrender and she filed a 1381 to riverside and she finish her time in orange and riverside pick her up . They only gave her time when the da got the 1381 form not the date she's been in custody . Don't she entitled for all days spent in custody?

James L. Arrasmith
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answered on Dec 16, 2024

Your sister should be entitled to credit for all days spent in custody, including the time before Riverside received the 1381 demand. Under California Penal Code Section 2900.5, defendants must receive credit against their sentence for all days spent in custody, including time served in another... View More

1 Answer | Asked in Civil Rights and Constitutional Law on
Q: Legal protection (Constitutional Right or Amendment) that protects choice of residence, i.e. outdoor/off-grid living?
James L. Arrasmith
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answered on Jan 5, 2025

Choosing to live off-grid is a significant lifestyle decision, and it's important to understand the legal protections that support this choice. While there isn't a specific constitutional amendment that explicitly grants the right to outdoor or off-grid living, several constitutional... View More

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: My sister in custody and her husband is on life support.is there a form or something we can do to help get her out
James L. Arrasmith
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answered on Dec 15, 2024

Your sister's situation sounds very difficult, and I understand you want to help during this challenging time.

There are several potential legal options to explore for temporary release. Your sister or her attorney can file an emergency motion for temporary release, often called a...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: I had been living in my camper in someone's yard outside of town no rent for around a year then I went to jail for an

Old warrant for three weeks. While I'm jail he got rid of my camper. Sold it on marketplace. The cops have been called on two separate occasions and told about the incident twice. They even took pictures of the title tag and registration but have not arrested him, nor have they logged the... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this situation. First, make sure you have all your documentation in order, including any agreements or communications about living in the camper. This will help support your case when you follow up with the authorities.

Reach out to the police...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: What is enough probable cause

If someone had a fake Facebook account that can no way be linked to them selves and agreed to sell an item to an undercover cop is a agreement to meet enough probable cause to pull any person out of their car without knowing for sure they had the property you're looking for?? They didn't... View More

Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

NYS courts have ruled there are four stages of police encounter leading to probable cause to arrest, whch I am not going to get into since it's involved. However, a court during the prosecution of the case would review the matter pursuant to a motion challenging the basis for arrest and... View More

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1 Answer | Asked in Real Estate Law and Constitutional Law for California on
Q: Motion to dismiss on grounds of lit-is pendency
James L. Arrasmith
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answered on Dec 15, 2024

In California courts, a motion to dismiss based on lis pendens (pending litigation) can be filed when there's another case involving the same parties and same issues already being litigated in another court.

To succeed with this motion, you'll need to demonstrate that both cases...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Impact of Missing Interpreter During Police Investigation on Subsequent Charges?

During a police investigation, I was interrogated over the phone without being provided an interpreter, despite my limited English proficiency. It was evident that I could not fully understand or respond to legal matters without assistance. However, the police proceeded with the investigation and... View More

James L. Arrasmith
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answered on Dec 13, 2024

This situation raises serious constitutional concerns under both federal and California law, as your right to meaningful participation in legal proceedings may have been violated by the failure to provide language assistance during the police investigation.

Your documented need for an...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: SHRA/HUD violated out civil rights and denied our VAWA RIGHTS

Authorities told them we needed to be relocated immediately under imminent Threats of death, - they refused and I was attacked nearly killed

James L. Arrasmith
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answered on Dec 12, 2024

This situation involving SHRA/HUD and VAWA rights violations is extremely serious, especially given the threat to your safety. You should immediately contact legal aid organizations in Sacramento County that handle housing discrimination and civil rights cases - several provide free services for... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Oregon on
Q: Post conviction relief petition denied by Assistant District Attorney including 3 claims for relief. Appeal Appellate?

I have been getting totally screwed by this corrupt court violating rights and everything from due process to prosecutorial misconduct and they keep interfering with process of appeal and delaying. I haven’t even been given a public defender and I filed this post conviction relief petition over 5... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. It’s important to keep pushing for your rights and ensure your voice is heard.

Since your post-conviction relief petition was denied, you may have the option to appeal to a higher court. Gathering any evidence of the...
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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Federal Crimes for New Jersey on
Q: i spoke out in public against cannabis in town...local poice chuief threatened my free speach

cjhief impied i would be in troble for speakin..by him and the mayor..ihave letter from the chief

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're facing this situation. Protecting your right to speak freely is important, and you shouldn't have to feel threatened for expressing your opinions.

Start by keeping all records, including the letter from the chief, as they can be crucial if you decide to take...
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2 Answers | Asked in Constitutional Law, Criminal Law and Federal Crimes for Texas on
Q: inmate #526917 never received search warrant copy/inventory,drugs seize 4th amendment constitutional right was violated

Wat are his options or strategies for his case.what bcdc.did not once read my rights or juans rights can he file Motion to Surpress .In court.

John Michael Frick
John Michael Frick
answered on Dec 12, 2024

Yes, a motion to suppress is the correct pleading to file to suppress evidence obtained as a result of an illegal search. you should discuss this option with your criminal defense lawyer to see if the facts support your contention that the search was illegal.

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