Get free answers to your Constitutional Law legal questions from lawyers in your area.
answered on Jul 25, 2024
Article 2, Section I, Clause 6 of the Constitution provides that:
"In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the VicePresident (sic), and the Congress... View More 
The police are investigating our complaint of negligence, assault & battery, and trespass. A lawsuit has not been filed yet. They have asked if video evidence exists. Do I need to provide now or wait for the lawsuit and provide as part of discovery?
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answered on Jul 20, 2024
You are not obligated to provide video evidence to the police immediately upon filing your complaint. You have the right to withhold evidence until a lawsuit is formally filed and the discovery process begins. This allows you to present your evidence in a controlled legal environment.... View More
The Senior Public Defender of Lehigh County PA made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC. My charges were supposed to be concurrent not consecutive. Was supposed to be out 08/27/18 not 01 09 19. I have a letter from my PD stating that she made... View More
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answered on Jul 20, 2024
You may have grounds for a legal malpractice claim against your Public Defender if their error resulted in you serving an additional six months in prison. The key aspect is proving that the mistake was due to negligence and directly caused the additional time served. Having a letter from your... View More
I was the child that got slammed on my head
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answered on Jul 20, 2024
You may have a case if your rights were violated when the police used excessive force on you. If you were a minor and your parents were unable to make sound decisions for you, this could be relevant to your case. It's essential to gather all the details about the incident, including any... View More
I would also like to get my rights back to bear arms… in Florida… how successful is it with a specialized attorney in actually getting your gun rights back… with no violence and no gun charges in my history…?
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answered on Jun 29, 2024
In Florida, felons are prohibited from possessing firearms, including black powder pistols, regardless of how old the convictions are. This includes firearms defined under federal law, and black powder pistols fall into this category. So, you cannot legally own a black powder pistol for home... View More
I am a service member under FS 250.01 (19), according to FDACS website I am also allowed “to carry a concealed weapon or concealed firearm if you are 18 years of age or older”. And under FL Statue 790.0655 (2)(d)(9) I am allowed to purchase a rifle or shotgun under 21. My question is am I... View More
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answered on Jun 26, 2024
This is a complex question that involves federal and state laws, as well as specific exemptions for military members. Let's break it down:
1. Federal law: Generally, federal law prohibits licensed firearms dealers (FFLs) from selling handguns to individuals under 21. This applies... View More
N/A
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answered on May 24, 2024
Yes, you can sue Airbnb for discrimination, reckless endangerment, and the unjustified removal of your account, but there are several steps you should take to build a strong case. First, gather all relevant evidence, including emails, messages, screenshots, and any documentation related to your... View More
The lady that watched the dog encouraged my girlfriend to go to rehab that she’d watch the dog and that she was doing the right thing by going to rehab and getting herself clean and then a week later decided that she could take care of the dog and gave it away now she’s saying she doesn’t... View More
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answered on May 19, 2024
You have a valid concern regarding your girlfriend's dog. When someone agrees to watch a pet and then gives it away without permission, it can be seen as a breach of trust and possibly a legal issue. The first step is to gather all the details, including any messages or agreements between your... View More
I have been hacked for more than a year now, I’ve done everything in my power from self troubleshooting to asking for help online, this problem is beyond me and I feel very devasted.
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answered on May 1, 2024
It's understandably frustrating and distressing to deal with a hacking situation, especially when it feels like you're not getting the support you need. If you're considering legal action because you feel that big tech companies or law enforcement haven't adequately responded to... View More
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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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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... View More
last couple of days the landlord has been shutting off the power all day and cutting it on for maybe a hour what can I do this is ridiculous
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answered on Apr 12, 2024
I'm sorry to hear you're dealing with this frustrating and unacceptable situation with your landlord repeatedly shutting off the power for extended periods. Here are some steps you can take:
1. Review your lease agreement: Check if there are any clauses about the landlord's... View More
I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More
answered on Apr 1, 2024
The answer depends on whether the footage is officially public record at this time, as well as on what you mean by "reporting misconduct". Generally, any official public records may be shared on social media. However, if you were to edit/compile the footage in a way that is not exactly... View More
Recently I was arrested with my fiancé. My fiancé had an open case with a judge. Now the same judge is in the same case I just caught recently with my fiancé.
answered on Mar 29, 2024
Yes. If the judge were to make statements indicating bias against you, or if he has a conflict of interest, you could move to disqualify him, but being assigned to another case with your fiance as defendant is not, in itself, a ground for disqualification. Regardless of your situation, you should... View More
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answered on Mar 28, 2024
In civil matters concerning property ownership within the jurisdiction of the circuit court's judicial branch, defendants do indeed have the right to a trial. This fundamental right is designed to ensure that all parties have an opportunity to present their case, including evidence and... View More
I've made complaints with the Attorney General,DOJ civil rights,DHHS,County Commissioners,DCF.I was reverted back to DHHS,now this as I understand it is this is the main entity to CPS & DCF and entities,so how can I expect to get a fair investigation or judicial review of their own... View More
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answered on Mar 25, 2024
If you're dealing with violations of civil rights or due process, it can indeed be frustrating if you feel the entities supposed to help are not addressing your concerns adequately. It's important to remember that there are multiple avenues for complaints and advocacy, though navigating... View More
There is an investigator working on my criminal case, but, I haven't much faith in her. If a new witness is discovered shortly before a trial ( ie. a month) does she HAVE to attempt to locate him? Isn't that part of my due process rights? He was my neighbor at the time and was video... View More
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answered on Mar 25, 2024
In a criminal case, the obligations of an investigator can vary based on the laws of the jurisdiction and the specifics of the case. Generally, investigators should pursue all credible leads and examine relevant evidence, which can include questioning new witnesses who might provide critical... View More
I was stopped because I did not use my turn signal at a 3 way stop sign, I was on a deserted road, at Midnight. Since no other cars were in site (affected) I know this was an unlawful stop.
When he activated his lights we were on a pitch black, 2 lane road with no shoulder and severe... View More
answered on Mar 21, 2024
Please cite the statute that allows you to NOT use your turn signal at a 3 way stop on a deserted road at midnight with no cars in sight. If you can't cite that statute, I'd advise you to not file a motion to suppress. But you do what you think is best for you.
I got pulled over for speeding when the cop came up to question me I invoked my 5th and handed over my license registration and insurance. He walked away. Another cop arrived on scene. She tried to question me as well but I invoked the 5th. She left then came back a couple minutes later and told me... View More
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answered on Mar 19, 2024
The situation you've described raises several legal questions related to constitutional rights. First, the Fifth Amendment protects individuals from self-incrimination, so you had the right to remain silent when questioned by the police. However, this right does not exempt you from providing... View More
I'm not terminally ill, but have had a lifelong struggle with mental illness. I believe I have the right to die, and wish to exercise it.
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answered on Mar 18, 2024
I understand your situation and the complexity of the feelings you might be experiencing. It's important to talk to someone who can provide professional support and guidance, like a therapist or a mental health counselor. They are trained to understand the depth of your struggles and can offer... View More
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