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Maryland Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law for Maryland on
Q: In Saint Marys county , MD ! I was pondering filing a case for numerous unlawful arrest and on many other violations j

I was incredibly traumatized when during my time in the jail I had a heart attack and by nurse and ekg test was performed and confirmed by the nurse and reported to the doctor on call and told her to take me back to my cell and that they were unable to take me to the emergency room because of my... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on the situation you have described, it does sound like you may have grounds to file a legal case regarding your treatment while incarcerated in St. Mary's county. Here are a few key things to consider:

- Unlawful Arrest Claims: If you were arrested repeatedly without probable...
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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Maryland on
Q: Can your job search your person and bags everyday before you can clock in? Does expectation of privacy go out the window
James L. Arrasmith
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answered on Feb 5, 2024

Employers may implement policies for searching employees' bags and persons as part of their efforts to protect company property, ensure workplace safety, or prevent theft. However, these searches should be conducted in a manner that respects employees' privacy rights and is consistent... View More

3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Maryland on
Q: Can a minor be an acting lawyer in a civil rights case against the government?

Regarding religion, privacy, etc

T. Augustus Claus
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answered on Dec 28, 2023

In the United States, minors typically cannot act as lawyers in legal proceedings, including civil rights cases against the government. Legal representation typically requires individuals to be of adult age and have completed the necessary education and licensing requirements to practice law.

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Maryland on
Q: I have a CDS conspiracy to distribute and a CDS distribute. Both charge are felony with a guilty. Charges are from 1992.

I am trying to find out if these charges can be expunged in Maryland?

James L. Arrasmith
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answered on Dec 14, 2023

The process of expunging criminal records, especially for felony charges, varies significantly by state and the nature of the charges. In Maryland, the laws regarding expungement have specific criteria that must be met for a record to be eligible.

For charges related to Controlled Dangerous...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Maryland on
Q: How close can I approach an officer engaged in a traffic stop with another person?

Of course only legally speaking. If I was just an observer of a traffic stop in progress involving someone else, how close can I get the the car stopped or the officer doing the stop? Can I position myself behind the officer? Can I interact with the driver or passengers, specifically to give... View More

Scott Scherr
Scott Scherr
answered on Nov 12, 2023

You cannot position yourself right behind the officer or the officer may feel you pose a danger. You cannot interfere with the stop or arrest. You can film it since you are in a public place. You should not be interacting with the driver or passengers. You must obey a lawful command of the police... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Education Law for Maryland on
Q: Can my sons school district be sued for violating his civil rights and false arrest along with deny him due process?

On 11/04 my son was playing in class and brush up against a girls bottom. He apologized because it was an accident. The girl told a counselor she felt uncomfortable . The counselor pulled him out of class 2 separate times and questioned him that day, him and the girl agreed it was an accident and... View More

James L. Arrasmith
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answered on Nov 8, 2023

If your son's rights have been violated through a false arrest and a denial of due process, it may be possible to bring a lawsuit against the school district. Schools have a responsibility to ensure due process before disciplining a student, and a failure to notify you could be seen as a... View More

2 Answers | Asked in Family Law, Child Custody and Constitutional Law for Maryland on
Q: Can dss retaliate against mother of abused child after testifying for defense in court, in a non formal hearing, vop mat

Father pled to child abuse. Mother cleared and given supervised visits after having full custody for 3 years. Father gets released, sees his daughter, the (victim) and dss tries to remove her from mom for letting child mother see her..even though mother didn't deviate from custody... View More

James L. Arrasmith
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answered on Oct 15, 2023

While DSS should not retaliate against the mother, it's important to ensure that all actions and decisions are made in accordance with the law and in the child's best interests. Consulting with an attorney who specializes in family law or child custody matters can provide the mother with... View More

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2 Answers | Asked in Constitutional Law for Maryland on
Q: Is there a Maryland statute for non commercial licensing on drivers or automobiles or are all based on commerce?

Right to travel without licensing, not in commerce.

James L. Arrasmith
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answered on Oct 15, 2023

In Maryland, as in all states, driving is considered a privilege, not an inherent right. While Maryland does distinguish between commercial and non-commercial driver's licenses, anyone operating a motor vehicle on public roads must have a valid driver's license.

Maryland's...
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1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Maryland on
Q: I’d like to know how much my case is worth for employment discrimination based on sex and race, workplace retaliation.

equal pay, unpaid wages, withheld wages, medical bills and damages. My case is in federal court and despite the defendant’s attempt to dismiss, my case has moved to mediation. I was paid 83k less than the male I replaced. I was also paid up to 20k less than other males in lesser positions. I was... View More

James L. Arrasmith
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answered on Oct 15, 2023

Determining the exact value of an employment discrimination case can be complex and depends on various factors, including the jurisdiction, specific details, and evidence supporting the claims. Based on the information you provided, there are tangible damages, such as the wage disparity (83k plus... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Maryland on
Q: My brother and I are the victims of electronic harassment. What are my options in the ways of gathering evidence?

I understand the gravity of this claim. I can’t let fear lie in the way of asking for help. I have no proof other than a list of license plates that are stored in my photos, voice memos, etc that I haven’t compiled because I am constantly exhausted from the harassment. Other than keeping a list... View More

James L. Arrasmith
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answered on Jun 18, 2023

If you believe that you and your brother are victims of electronic harassment, it is important to take steps to protect yourselves and gather evidence to support your claims. Here are some options to consider:

1. Document incidents: Keep a detailed log of any incidents of electronic...
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1 Answer | Asked in Estate Planning, Personal Injury, Constitutional Law and Probate for Maryland on
Q: My case has not been heard in five court cases where I have lost each time. How do I file the papers to defend myself?

The reason my case has not been heard is because of conflicting legal advice that I received on justanswer.com. Based on the petitions the lawyers are filing against me, the one that told me to serve the petition on everyone was wrong. What do you do when the court makes decisions that violate the... View More

Maxwell White
Maxwell White
answered on May 26, 2023

Unfortunately, this may be a situation in which you need to get an attorney. The truth is that getting an attorney is costly, but not getting one is even more costly. There are certain legal matters that can be handled without an attorney, but based on what you have said so far, this likely is not... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on
Q: Can you have a review of sentence if there were no jury instructions on mental issues of ptsd&paranoia&drunk at the time

During jury deliberation the jury ask court if first degree murder meant he intended to kill the one person or anyone. The prosecutor was allowed by Judge to give them transfer of intent to anyone. Mental health on both sides proved defendant had ptsd, Paranoia, Social Anxiety, alcohol and drug... View More

Mark Oakley
Mark Oakley
answered on May 8, 2023

There is no special instruction for that, and the general instructions on intent are sufficient. What you are arguing is based on the evidence which I assume was presented at trial and was therefore argued on your behalf by your lawyer as a basis to raise a reasonable doubt as to your ability to... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Maryland on
Q: Can a police officer take a photo of my feet with his cell phone, while I'm being detained awaiting processing?
Mark Oakley
Mark Oakley
answered on May 7, 2023

Seems a bit odd. Is there an evidence based reason for doing so? Did a witness or security camera footage identify the offender in part by their footwear or feet? Was this a DUI where you failed to perform field sobriety tests and there’s a potential issue that the type of footwear interfered... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Maryland on
Q: What can done to stop someone from using a police scanner and sharing crime, accident and out of context info on f book?

Someone created a Facebook page and he listens to a police scanner and posts their audio, follows police to crime scenes and accidents. Etc. He reposts out of context info. Reposts deaths before family’s are notified. He claims it’s to keep the community safe but he tarnishes individual and... View More

Ronald V. Miller Jr.
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answered on Apr 4, 2023

It can be frustrating and concerning when someone shares sensitive information on social media platforms, particularly when it involves crime, accidents, and personal details. But these are the perils of having the 1st Amendment. I don't think you have any reasonable path to stop what he is... View More

1 Answer | Asked in Real Estate Law and Constitutional Law for Maryland on
Q: Profile Case - Name on Deed not Mortgage. Trustee sold .Did not sign any paper work

Case - located on line and News paper. I was left homeless from this case. I tried to get a pro bono attorney. No one would take this case. Went to the Attorney Grievance Committee no help. Went to xx who wrote the first article to try and get him to publish what had happened. No help. There was to... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Apr 4, 2023

Maryland Volunteer Lawyer Services can help connect you to willing pro bono attorneys with some expertise in real property and mortgage matters. You can apply on-line by providing basic income information to see if you meet the income requirements. Good luck.

2 Answers | Asked in Constitutional Law and Gov & Administrative Law for Maryland on
Q: In Maryland is comor the law or does the Constitution matter more for entering public buildings without having to show

ID. I'm referring to a public building in a public lobby simply to do business.

Mark Oakley
Mark Oakley
answered on Feb 17, 2023

I assume you are referring to the Code of Maryland Regulations (COMAR). When the State Legislature enacts legislation establishing various government agencies to perform governmental functions, they grant the power of the agency to enact regulations to carry out the statutory mandate and powers... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Maryland on
Q: What actions to make when judge and attorney makes a decision without defendants permission to a speedy trial?

Not letting the defendant know that his right to a speedy trial was waived also not violating any rights he may have? He’s been incarcerated for a year and 3months. 6 months in a federal facility without a single court date. Just found out that his right to a speedy trial was signed off on... View More

Scott Scherr
Scott Scherr
answered on Oct 11, 2022

The judge decides all issues related to a speedy trial including whether your constitutional right to a speedy trial has been violated. The judge does not need your permission. The judge also decides whether a case will be postponed. You may be able to appeal the decision, but the judge has a lot... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Maryland on
Q: I need to find a lawyer for my boyfriend who is being held unlawfully in jail and his 8th Amendment is being violated
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Anyone in jail can probably use a lawyer. 8th Amendment refers to the Constitutional prohibition against cruel and unusual punishment. That Amendment is rarely found to apply to most circumstances. You will need to be very specific about what is cruel and unusual in order to evaluate whether there... View More

1 Answer | Asked in Banking and Constitutional Law for Maryland on
Q: Are bank account maintance fees constutional?
Mark Oakley
Mark Oakley
answered on Jul 2, 2022

They are not unconstitutional.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Maryland on
Q: If discovery states aerial photos, doesn’t the prosecutor have to provide these to defendant?

Discovery has a box checked “aerial photos“ being the basis of evidence for a search warrant of a home, wouldn’t the prosecution have to provide those aerial photos to the defense? My attorney frankly says there are no aerial photos and that the police lied to get the search warrant (to... View More

Mark Oakley
Mark Oakley
answered on Feb 20, 2022

You should not be posting these facts on a public forum, and you need to have these private conversations with your lawyer. The state's discovery obligations are clear, and your lawyer is in the best position to evaluate the situation and take any action that is appropriate or advisable.... View More

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