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Kentucky Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Kentucky on
Q: Has my sons civil rights been violated for making a statement about an observation and getting suspended for it

He did not break any rules or disrupt any activity, he and I were told by administration that it hurt the teachers feelings by his statement “ linking up on the down low “ after he witnessed the teacher and a student do a handshake secretively

James L. Arrasmith
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answered on Feb 26, 2024

Determining whether your son's civil rights have been violated involves understanding the specific circumstances of the situation and the application of relevant laws and school policies. Generally, students have the right to free speech, but this right can be balanced against the... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: police were told not to enter my property and they entered anyway they were told to leave several times and refused. I

i told them several times to leave the property and then i said get the f**k off my property, they broke through a secure gate to arrest me on my porch for disorderly conduct was my 1ST and 4TH amendment rights violated

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like there may have been a potential violation of your Fourth Amendment rights against unreasonable searches and seizures if the police entered your property without a warrant or probable cause. Additionally, if you explicitly instructed them to leave your property multiple times and they... View More

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1 Answer | Asked in Criminal Law, Consumer Law, Civil Rights and Constitutional Law for Kentucky on
Q: how would i go about filing criminal charges against ky. dcbs ensuring claims made against dcbs are fully investigated

how would i go about filing criminal charges against ky. dcbs office in such a way as to ensure that any claims made against that dcbs office are actually investigated as they should be and not just ignored or swept under the rug or tried to be turned into anything other than the actual criminal... View More

James L. Arrasmith
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answered on Feb 24, 2024

To pursue criminal charges against the Kentucky Department for Community Based Services (DCBS), you should start by gathering any evidence or documentation related to the alleged misconduct. This could include emails, letters, or records of interactions with DCBS officials. Additionally, it's... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Kentucky on
Q: What do I do if the local sheriff's department is violating my rights?

Local sheriff's department kicks in the front door of a friend of mines home while she was not home and her landlord was not present. My friend comes home to find her door kicked in, house ransacked, and a note that said, "sorry we missed you, sheriff's department." Then the... View More

James L. Arrasmith
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answered on Feb 24, 2024

If the local sheriff's department kicked in the front door of your friend's home without a warrant and without her being present, it could potentially be a violation of her Fourth Amendment rights against unreasonable searches and seizures. Additionally, arresting your friend the next day... View More

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1 Answer | Asked in Traffic Tickets and Constitutional Law for Kentucky on
Q: IF I WAS STOPPED FOR A SEATBELT THAT I HAD ADJUSTED AT A RED LIGHT DUE TO BEING TWISTED UP CAN IT BE BEAT

DURING THE STOP I TOLD HIM HE COULD NOT SEARCH MY VEHICLE BUT HE DID ANYWAY AND USED EXCESSIVE FORCE HURTING MY SHOULDER WHAT CAN I DO

James L. Arrasmith
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answered on Jan 21, 2024

In Kentucky, if you were stopped for a seatbelt violation that you believe was unjustified, you can contest the ticket in court. During the hearing, you can explain the circumstances, such as adjusting your seatbelt at a red light, and present any evidence you have to support your case. It's... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Kentucky on
Q: was arrested for reciving stolen prop.500<1000 on jan 9th i did a couple nights in jail and went court on the 11th

My bond was reduced on the 11th and i boned out Go back to court in morning the 18th last night same cop that arreste me pulled me over and said to me that if i dont sitch on a friend of mine for drug that he would change the chargers i wa arrested for to make it a fenlony what i was arrested for... View More

James L. Arrasmith
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answered on Jan 18, 2024

If a police officer threatened to change your charges as a way to coerce you into providing information on someone else, this raises serious legal and ethical concerns. Law enforcement officers must adhere to legal and procedural standards when conducting investigations and making arrests.... View More

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2 Answers | Asked in Personal Injury, Civil Rights, Constitutional Law and Federal Crimes for Kentucky on
Q: In a situation where if I can not find someone to represent me I'm a dead man. Human rights, will have to be signed over

Extream stalking harrassement, terror network contractors son is dating my ex. Everything they done was shared via www.

Timothy Denison
Timothy Denison
answered on Jan 16, 2024

What is your question?

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1 Answer | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: Should I be arrested for a mis. tbut? Not read rights,in jail 6 hrs asked for call repeatedly &denied.Should I complain?

Was not read any rights and was arrested for tbut misdemeanor. Should I have been arrested if not felony and way under $1000. I cooperated and returned items. Wasn't charged with trespassing for those reasons. Detained 6 hours &asked many times for call to my mother who had my daughter... View More

James L. Arrasmith
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answered on Jan 13, 2024

It's important to understand that the legality of an arrest depends on the circumstances of the case and state laws. Being arrested for a misdemeanor, even if the value of the item is under $1000, can still be legal. However, the issue of not being read your Miranda rights is concerning,... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Civil Rights for Kentucky on
Q: Are cops allowed to search your house without u being present

If cops show up and im not home are they allowed to still kick the door in ans search the place

James L. Arrasmith
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answered on Jan 10, 2024

In the United States, law enforcement generally cannot search your house without a warrant or your consent if you are not present, except under certain specific circumstances. The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. Typically, a search... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: I feel like my right to a speedy trial has been completely ignored. charged 8 years ago and still no indictment

Charged with Felony theft in 2015 case was bound over to grand jury in district court (Kentucky). To this day, case has not been presented to grand jury for indictment. Charge appears on background check and im certain it has kept me from being hired at more than one job that I applied for and was... View More

James L. Arrasmith
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answered on Jan 5, 2024

Your concern about the delay in your case is understandable. The right to a speedy trial is a constitutional right, but the interpretation of what constitutes a "speedy" trial can vary based on the circumstances of the case.

In Kentucky, if your case has been bound over to the...
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2 Answers | Asked in Constitutional Law, Gov & Administrative Law and Municipal Law for Kentucky on
Q: I work at a church in Kentucky. We have a school, but it’s a separate building. Am I allowed to carry a concealed weapon
James L. Arrasmith
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answered on Dec 30, 2023

In Kentucky, the laws regarding carrying a concealed weapon, especially in places like schools and churches, can be quite specific and are subject to certain conditions and restrictions.

For churches, the ability to carry a concealed weapon often depends on the church's own policies....
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2 Answers | Asked in Communications Law, Constitutional Law, Domestic Violence and Sexual Harassment for Kentucky on
Q: Hey I’m one of the victims from this case is there anyway that I can see this case , how can I go about getting it open

I want to get this case published as me being one of the victims , I’m trying to see how I go about this situation .

Timothy Denison
Timothy Denison
answered on Dec 11, 2023

What case are you trying to see?

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Q: is it legal for a police department to not give a police report to me as the parent ?KRS.61878(1)(i) my child died
James L. Arrasmith
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answered on Dec 5, 2023

Under Kentucky law, including KRS 61.878(1)(i), there are certain circumstances where a police department may withhold a police report, especially in cases involving an ongoing investigation or where the release of information could compromise the investigation. However, as the parent of a deceased... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: can I be charged or sued for posting redacted police body camera videos?

I receive these body camera videos through open records requests from Departments within Kentucky only.

Timothy Denison
Timothy Denison
answered on Oct 31, 2023

No, you cannot.

2 Answers | Asked in Traffic Tickets, Car Accidents, Civil Rights and Constitutional Law for Kentucky on
Q: Since constables don't answer emergency calls do they need further training also can they make arrest at roadchecks?

The office of the constable are doing traffic stops in these smaller counties is that legal?

T. Augustus Claus
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answered on Oct 20, 2023

In Kentucky, constables are elected officials who have law enforcement powers, but their duties and responsibilities can vary from county to county. Constables typically have the authority to make arrests and serve civil process, but they may not be responsible for answering emergency calls in the... View More

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2 Answers | Asked in Family Law, Child Custody and Constitutional Law for Kentucky on
Q: Whats the point of motion hour?

I know they are a couple different ones but representing yourself shouldnt you have the right to speak on your own behalf? A motion was filed with accusations, i didnt see anywhere that it may have said it was Ex parte? So if I go shouldnt i be allowed to speak at the motion hour before the judge... View More

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answered on Oct 15, 2023

Motion hour, often referred to as "motion calendar" or "motion docket," is a designated time when a court hears various motions filed in pending cases. The purpose is to manage caseloads efficiently and address pre-trial matters. If you are representing yourself (pro se), you... View More

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2 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Kentucky on
Q: In Kentucky if you are arrested and placed in handcuffs and took to jail and you weren't read your rights what can you d
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

If you satisfactorily prove that you were not read your Miranda rights, any statement you may have made to police after you were arrested ought to be excluded from evidence at your trial. It does not affect the lawfulness of your arrest or whether you will be found guilty based on other evidence... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: I have a Double Jepardy case in Kentucky. I was punished twice for the same crime. I need a lawyer???

I served almost 5 years in prison, won an appeal, it went back to circuit court. They give me a lesser charge. Offered me 3 years at time served. I accepted, & then was made to do 3 years probation. With only a few months left of probation, my Probation officer looked into my file, noticed I... View More

Timothy Denison
Timothy Denison
answered on Aug 28, 2023

You need to have a criminal defense lawyer carefully review the file and see if these allegation can be proven. If so. You may have a case.

2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Kentucky on
Q: Kentucky. Can the federal district court review actions by a KY court clerk and judge? Not the case issue, the procedure

Court records prove the clerk received my complaint with IFP fee waiver 7 days before the deadline. The filing was delivered to the judge who held it 4 days past deadline then granted IFP and dismissed it for being filed late. He opined it was my responsibility to ensure it was filed on time. On... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Under the Rooker-Feldman doctrine, the federal court will most likely dismiss such a complaint for lack of subject matter jurisdiction.

Under that doctrine, you need to appeal the state court claim through the state court system and then to the United States Supreme Court. Pursuant to 28...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kentucky on
Q: What does felon in possession of a firearm specifically implying? Within arms reach? On his person?

In a residence he is in, but doesn't own that is occupied by others who aren't felons? Riding with someone who isn't a felon? In the home he shares with his son who is not a felon? How far does the unconstitutional nonsense infringe on the freedoms of others? Should he be wearing a... View More

Timothy Denison
Timothy Denison
answered on Aug 4, 2023

All of the examples you gave could qualify as a felon in possession under the statute. Not saying that’s right but that’s the current state of the law. Have you considered expungement as a possible solution to your problem.

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