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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for California on
Q: what would I file to the superior court in a complex civil case (during covid) to challenge or ask for review?

This is after the time limit of being issued judgement. It was during COVID and I was denied access of the law library and to see the clerk at my local courthouse. there are emergency extensions due to covid in the rules of court in California, but I'm unsure what to filing is all done online... View More

James L. Arrasmith
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answered on Nov 23, 2024

Given the complexity of your situation and the COVID-related circumstances, you might consider filing an "Extraordinary Writ" or "Writ of Mandate" with the Superior Court to challenge the judgment, especially if regular appeal deadlines have passed.

The California...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: My fiancé has spent At minimum 120 days past her true sentence.. and is still incarcerated as I speak in TDOC

originally received a four year suspended sentence.served three terms 9 m 9 m12 m Towards the suspended sentence. Also during this time Was placed on Community Corrections and ended up with 492 days (16 months) CC day 4 day credits (of which I only was made aware of the exact amount after... View More

Michael Gregory Floyd
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answered on Nov 23, 2024

Do you have the sentencing orders. A Writ of Habeas Corpus is the appropriate method for her release.

Attorney M.G.Floyd, Esquire 901 526-1088

1 Answer | Asked in Civil Litigation, Constitutional Law and Native American Law for California on
Q: The rules in California for property inventory when arrested and sent to prison.

I was pulled over for unregistered car and they decided to search the car and found illegal items, they then arrested me and I was sent to prison. The only property they say they have of mine after being gone for a year is my mothers phone and mine but what was in my car is the keys to my motor... View More

James L. Arrasmith
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answered on Nov 21, 2024

Your situation involves multiple legal rights regarding property seized during arrest, and California law requires law enforcement to properly inventory and protect personal property.

The sheriff's department must maintain detailed records of all items taken during arrest, and you have...
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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for California on
Q: If a judge was willing to let me out on my own for a plead of no contest without letting me know the charges is that ok

So I went to court and the judge told me that he did not have all of the charges in front of him but was willing to let me out on an or my own recognizance if I plead no contest to the charges. I told him that I did not want to plead to something without knowing what it is he said what you... View More

Marc David Pelta
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Marc David Pelta
answered on Nov 28, 2024

I am unclear what happened in court and it sounds like you might be as well? You should consult with an experienced criminal defense lawyer to explore your remedies under California law. It is important you mention to the lawyer what your goal is.

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2 Answers | Asked in Business Law, Civil Rights, Constitutional Law and International Law for Indiana on
Q: If one asks a company about business generally what IDif any & why
Tim Akpinar
Tim Akpinar
answered on Dec 14, 2024

It could depend on the company and the nature of the business to be done with them. If it involves employment, companies could request copies of licenses or passports. Good luck

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: OK my son was indicted on a seven count indictment how should indictment with two party's be worded

The indictment is word as is are charged as party and party to the crime but does not say which is which is this flawed

Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

The specific language used in the indictment is very important. Flaws within the indictment can significantly impact the outcome of the case. For example, if challenged and the indictment fails to properly allege the crime, the entire case must be thrown out regardless of the evidence. Depending on... View More

1 Answer | Asked in Constitutional Law for California on
Q: If Elon Musk works in Trump's WH. Is he required to resign as CEO of entities with Government contracts?
James L. Arrasmith
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answered on Nov 16, 2024

Federal conflict of interest laws, particularly 18 U.S.C. § 208, prohibit executive branch employees from participating in matters affecting their financial interests. The STOCK Act and other ethics regulations require senior White House officials to divest from or place in blind trusts any... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Is it possible to Class Action sue Indeed.com for silincing my genuine opinion and due to this abuses persist?

I am seeking legal guidance regarding a potential class-action lawsuit against Indeed.com for silencing legitimate employee reviews, including my own. Recently, I attempted to post a truthful review about an abusive work environment at Din Tai Fung. My review was rejected without transparency or... View More

James L. Arrasmith
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answered on Nov 14, 2024

While your frustration with Indeed.com's review process is understandable, pursuing a class-action lawsuit would likely be unsuccessful because private companies have the legal right to moderate content on their platforms. Indeed.com, as a private entity, is not bound by First Amendment... View More

1 Answer | Asked in Family Law, Constitutional Law and Elder Law for California on
Q: Can my sister take me to court to take away my mother's ashes that I am in possession of?

My siblings agreed to keep my mother's ashes at my house but one of my sisters her and i are not on talking terms anymore and she is now demanding to take our mother's ashes. However my sister is unstable and an alcoholic and I don't trust her with my mom. And now she's telling... View More

James L. Arrasmith
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answered on Nov 14, 2024

I'm sorry you're going through this challenging situation. Having an agreement with your siblings to keep your mother's ashes at your home is an important factor that the court will consider.

Your sister does have the right to petition the court to gain custody of the ashes,...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: I recently was arrested when i refused to identify myself 8/31. Once fingerprinted, i was housed due to several warrants

When i appeared in court 9/2, they dismissed all the cases i had warrants for and i was released by the judge. After court however i wasn't released. Still incarcerated, a warrant issued for my arrest 9/4 Then i was brought back to court and the public defender had me sign a plea agreement for... View More

James L. Arrasmith
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answered on Nov 14, 2024

Your situation raises serious concerns about proper legal procedure and your constitutional rights. What you've described suggests potential violations of your right to be informed of charges against you and your right to a timely arraignment.

In California, you should typically be...
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1 Answer | Asked in Criminal Law and Constitutional Law for Ohio on
Q: I was sentenced for a crime yesterday. After sentencing I left court. The balif came out and said I had to do it again

Because of a recording error. The balif said "this will help you in the long run" So the judge repeated the sentance again. Double jepordy?

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

The situation you described does not appear to raise a double jeopardy issue. Double jeopardy, protected under the Fifth Amendment, prevents an individual from being prosecuted or punished twice for the same offense after a final judgment. However, your scenario likely involves a procedural error... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Q: If I open my door, to answer police who are knocking at the door, can they push they're way in w/o search warrant?

Is the act of opening the front door considered an invitation to come inside? Once inside, would they have to show a search warrant apon request? Furthermore, would they have to give they're names and badge numbers apon request. Would they be required to wear vest cams while executing a bench... View More

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

In Ohio, opening your door to police officers does not automatically grant them permission to enter your home without a warrant. The Fourth Amendment protects against unreasonable searches and seizures, and entry into a residence typically requires a warrant or the resident's explicit consent.... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Texas on
Q: How can you help me understand my civil rights
John Michael Frick
John Michael Frick
answered on Nov 11, 2024

Most attorneys who practice in the area of civil right can assist you in understanding your civil rights. A Q&A forum like this is appropriate for a specific question about a specific matter which requires a short answer. For more broead general educational purposes, you might consider taking... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: I was wrongfully accused, deprived of due process and had major loss due to it. Can i sue county? All charges dropped

I bailed out was told by county clerk i had no case after going to court, fast forward 2-3 years no notice i get pulled over arrested and had to post bail again, $9000 and $7000, lose my job due to arrest, find 2 jobs after but cannot pass background check. Kost all my benefits, license because I... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

Yes you can. You have remedies available under state and federal law, and I urge you to take advantage of them. You'll need a competent lawyer with the education, training and experience necessary to properly represent your interests. S/he should be a lawyer for the people, who seek to protect... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Missouri on
Q: Do you by chance know of any case about drugs & privacy
Tim Akpinar
Tim Akpinar
answered on Nov 22, 2024

A Missouri attorney could advise best, but your question remains open for two weeks. Based on your chosen categories, you probably don't mean "privacy" in terms of health care law and HIPAA privacy issues with medical records in pharmaceutical drug cases. You probably mean Fourth... View More

2 Answers | Asked in Child Custody, Civil Rights, Constitutional Law and Family Law for New York on
Q: How do I get my attorney to file a 388 return of child petition? She has been failing me due to misconduct.

My son is 6, autistic and being detained in foster care for two years. He had left the inside of our home and went out to play in the driveway unattended several times. I had him evaluated turning a diagnosis of autism. He has left the foster home and school undetected also. He is being abused I... View More

Howard E. Knispel
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Howard E. Knispel
answered on Nov 6, 2024

Is this a NY case? There is no 388 petition. Either this case is for a different state in which case you should repost as such, or you are being misled by your Google research. Talk to your lawyer.

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1 Answer | Asked in Criminal Law, Communications Law and Constitutional Law for South Dakota on
Q: I need law help on behalf of my friends rights getting violated against of the union county south dakota jail staff
Adam Bryson
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answered on Nov 5, 2024

One thing your friend needs to do is file a grievance and appeal it with the jail staff until he’s exhausted all remedies.

Can you be more specific about how is rights are being violated. If you’re not comfortable sharing that information publicly call my office and schedule an appointment.

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: If a state parole agent took it upon himself to keep me on probation two years longer than he should have I did three vi

Violations at 6 months apiece they had no court order. When it was heard in San Francisco the judges said it was a moot point I wasn't in jail I wasn't on probation anymore what about my last time in my incarceration in the shittyest jail maximum jail around . I was on probatiom more... View More

James L. Arrasmith
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answered on Nov 15, 2024

This situation involves serious potential civil rights violations, particularly regarding unlawful extension of probation without proper court authorization. You might have grounds for legal action under Section 1983 of the Civil Rights Act, which allows people to sue government officials who... View More

2 Answers | Asked in Divorce, Civil Rights and Constitutional Law for California on
Q: Opposing counsel is ignoring my request for documents and notes, and stipulations, and other POS docs supposedly served.

Now that I am prose, I need to these items before I can move forward with our case

How do I accomplish this phone

Robert Kane
Robert Kane
answered on Nov 4, 2024

You can request your file from your previous attorney.

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1 Answer | Asked in Family Law, Constitutional Law and Domestic Violence for California on
Q: What does CCP 1008 b mean

(b) A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what... View More

James L. Arrasmith
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answered on Nov 15, 2024

Yes, CCP 1008(b) allows you to file a new DVRO application if you have new or different facts, circumstances, or law to present - this is different from a motion to reconsider.

To file a new DVRO application based on new circumstances, you'll need to submit a fresh DV-100 form along...
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