Get free answers to your Constitutional Law legal questions from lawyers in your area.
Charges that been to trial yet, but icourt lists what he was originally charged with plus habitual yet the law reads if convicted it adds a sentencing minimum, but it's listed as a felony. So how can it be another charge if not convicted. It's like make sure the jury won't let him... View More
answered on Dec 21, 2024
When a case is filed, all potential charges, including any enhancements like habitual offender status, are listed upfront. This is standard procedure to inform both the defense and the prosecution of the full scope of allegations. It ensures transparency in the legal process and allows the defense... View More
answered on Jul 17, 2024
An Idaho attorney could advise best, but your question remains open for a week. It looks like part of your question may have been cut off. You could add the category of "Government/Administrative Law," but this looks like a matter where someone experienced in the operations of your... View More
I had a Forensic Audit done on my house loan and it shows fraud, gross neglect by attorney and loan officer and servicer fraud that was commited.
answered on Jul 21, 2024
To introduce an audit into your non-judicial foreclosure process, start by gathering all documentation related to the forensic audit you've had done. This includes the audit report, any evidence of fraud, and communications with your attorney, loan officer, and servicer. Ensure that this... View More
Myself & family have been targeted by an organized crime ring by our county. The retaliation has been ongoing for over 200 days and haven't been able to leave my home. I was told "These officials have money to make people like you disappear" These officials include the sheriff, 1... View More
answered on Jun 3, 2024
It's deeply troubling to hear about the harassment and threats you and your family are facing. In situations like this, gathering and organizing all your evidence, including videos, documents, and witness statements, is crucial. Make sure everything is documented clearly and stored securely.... View More
The cop asked for my license and registration after telling me he stopped me for speeding and that I was driving 41 mph in a 35 mph zone. I knew he was bullshitting and never even hit me with a speed gun because I have a radar. He also asked if he could search my vehicle and asked me a million... View More
answered on Mar 30, 2024
Based on your description, there are several potential issues with the traffic stop and search:
1. Pretext for the stop: If you were not actually speeding (as your radar indicated), the officer may have used the alleged speeding violation as a pretext to stop you and investigate for drugs.... View More
Does being put on a 24 hour involuntary hold count as getting committed like h on the 4473 form
answered on Mar 3, 2024
Under federal law, specifically the Gun Control Act of 1968, an individual is prohibited from purchasing or possessing firearms if they have been "adjudicated as a mental defective" or "committed to any mental institution." The definition of being "committed to a mental... View More
total permission to be there napping in their car to seeing a vape pen for TCB (thc and tcb look the same exact) claiming the name inscribed on the battery portion, was way good enough for allegedly claiming there is now enough for probable cause, asks you to step outta the vehicle pulling you out... View More
answered on Jan 21, 2024
Under the Fourth Amendment, individuals are protected from unreasonable searches and seizures. This means that a police officer generally needs a warrant to search private property, including a vehicle, unless certain exceptions apply. These exceptions might include situations where there is... View More
In the distant future when corporations have made a step in space travel, and establishing colonies on distant planets - Would those companies have free rule over that colony? Would they be required to follow human rights laws, despite being outside of the jurisdiction of Earth? Or would they have... View More
answered on Sep 11, 2023
As space colonization moves from the realm of science fiction to potential reality, the question of how human rights will be upheld in extraterrestrial environments indeed becomes a pertinent and critical issue. As of now, the legal landscape governing space and celestial bodies is dictated... View More
My question is in regards to idaho legislative statute 18-310 (2). My felony is not listed under the list of charges that disqualify you from immediate restoration of 2a rights
answered on Mar 2, 2023
If you have completed your probation, you may be eligible to have your firearm rights restored. However, the process and requirements for restoration of firearm rights vary by state. You should check the laws of your specific state to determine the process and requirements for restoring your... View More
I was pulled over on a highly bs traffic stop. So much so that my case is being dropped. The reason I was pulled over was because I was from oregon in idaho late at night. I've had several people comment on the fact that they were disappointed that they didn't find more Marijuana because... View More
answered on Jan 26, 2023
The question, the ONLY question is . . . did the officer have a "reasonable suspicion" that the driver of the car (son) had done something that the officer could give him a citation for? If the answer to that question is "yeah, the cop said my son was speeding but he never even gave... View More
I got pulled over driving with suspended
Police ran a drug dog and it hit on passenger said, they searched and nothing (known ex dealer) I had both my babies in car . They then took me to jail and book and release only to return to my car and no phone, no idea what was taken, no clue they... View More
answered on Oct 1, 2021
Police can legally hold "evidence of a crime," for a long as it takes for them to prosecute the passenger and convict him AND for his appeal time (42 days) to run. After that, it should just take a phone call to the Sheriff's Property Locker, for you to retrieve your phone. Be... View More
Do I have the right to know what evidence was given to establish probable cause submitted to the judge in order to obtain a search warrant? Can a police officer just tell a judge that he believes illegal activity is going on at so and so's residence with no basis or evidence for probable cause?
answered on Jun 18, 2021
Yes you have the absolute right to know exactly what the police had given the judge before asking the judge to issue a search warrant. Your lawyer will make a Request for Discovery to the State. The State will send your lawyer the Affidavit of Probable Cause, which was typed up and given to the... View More
Also was made to urinate in public after I told officer it made me uncomfortable then he watched me pee after he’d already searched me but said it was to make sure I didn’t try to get rid of anything.
answered on Jun 3, 2021
Hi, I'm sure someone else will probably ask you to clarify your question, but let me first ask you to ask it more clearly please? IF I understand your question, you said that you were arrested? For what were you arrested? In a car? Park? While walking?
Second question:... View More
In 2017. According to state law 18-301 these rights should have been restored after my successful probation. a post-conviction restoration of civil rights under State law. In accordance with 18 U.S.C. § 921(a)(20), a conviction does not disqualify an individual from possessing firearms if the... View More
answered on Sep 22, 2020
An Idaho attorney would know this best, but your post remains open for two weeks. As a general matter, you could check the signage. As a GENERAL matter, bus lanes sometimes have times during which the restrictions to regular vehicles apply. Good luck
Tim Akpinar
What I mean is how can the government get away with this isn't this a huge first amendment violation.
answered on Apr 16, 2020
The code section is well written and easily understood (to me). What specifically do you not understand?
answered on Mar 30, 2019
Not automatically. If you’re a citizen of the United States you won’t give up the 14th Amendment rights you have simply by being convicted of a felony. However, to be certain that you haven’t been “required” to give up your 4th Amendment rights, particularly for drug crimes, by the court... View More
I am currently serving a 4 year prison term for Calif but requested extradition to Idaho for sentencing on additional charges under the Interstate Agreement on Detainers Act. After hiring my present attorney and being advised to waive the preliminary hearing to allow her extra time (3 weeks) to... View More
answered on Dec 23, 2018
RULE 1.3: DILIGENCE
A lawyer shall act with reasonable diligence and promptness in
representing a client.
Commentary
[1] A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and take whatever... View More
My civil rights were violated when I was illegally searched and arrested. The officer busted my car window out, cut seatbelt off of me with a knife and extracted me out of my car. He and another officer searched inside my pants pockets, my car (including truck & glove compartment). The... View More
answered on Oct 29, 2018
More information is needed to answer your question. You should contact an attorney to see what your options are.
This clause is part of the original constitution of the United States of America and follows "No person except a natural born Citizen;" how is this not interpreted to mean that any citizen of the United States, natural born or (emphasis on the or) not can run for the presidency?
answered on Oct 7, 2015
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been... 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.