Get free answers to your Constitutional Law legal questions from lawyers in your area.
I was interrogated without a lawyer after requesting one and having verbally expressed my 5th Amendment privilege against self incrimination. I was not under indictment nor was I held on a complaint, yet the police told me I was not free to leave. The police report notes this. After an extended... View More
answered on Sep 7, 2024
If the police obtained an illegal confession after you requested a lawyer and invoked your Fifth Amendment rights, that confession is considered inadmissible in court due to a violation of your constitutional rights. The remedy for this situation is typically to file a motion to suppress the... View More
I had stayed at home to raise three talented and good children as the primary caregiver for almost 13 years. Last year the father worked with a lawyer behind my back for almost a year, and together they provided false information and lies to the family court judge to obtain a temporary order on... View More
answered on Jul 20, 2024
I'm sorry to hear about the distressing situation you've experienced. It sounds incredibly challenging, and it's important to find the right legal support to address these serious concerns. In Massachusetts, there are attorneys who focus on civil rights and family law who can help... View More
Purusant to MGL Ch 40B, the Selectmen and Town Administrator created an ad hoc subcommittee to create a Housing Production Plan. While the subcommittee held public input sessions with the help of MAPC, much of that public input has been ignored. While trying to rush votes before the Planning Board... View More
answered on Jul 21, 2024
Under Massachusetts General Laws Chapter 40B, the Housing Production Plan (HPP) must be approved by both the Planning Board and the Board of Selectmen (BOS). Although a Special Town Meeting (STM) can be called to address various issues, it does not have the authority to compel the BOS to submit the... View More
Town has a dock permitting program (for Massachusetts owned lake) requiring dock be 25 ft from property line extended out into the water. Disabled resident has asked for exception to be closer to property line due to clear disability and related to ease of access to their dock over terrain/sand.... View More
answered on Mar 6, 2024
In Massachusetts, when seeking a disability exception to local regulations, such as those related to dock permitting, it's often necessary to demonstrate how the exception is directly linked to accommodating your disability. This typically involves showing a specific need that arises from the... View More
There was no exigent circumstances or probable cause and this "inventory search" turned investigatory when they decided to use the keys that bore no relationship to which the crime I was being arrested for to unlock a locked glove box, violating policy, because the keys were not available... View More
answered on Feb 1, 2024
In your situation, it appears that you have raised valid concerns about the legality of the search and seizure conducted by law enforcement officers. The key issue is whether the inventory search conducted post-arrest exceeded its lawful scope and became investigatory in nature.
Inventory... View More
I would like to share that my son was born on July 11th and the involvement of DCF started when I discovered the mother's drug use during her pregnancy. Due to my daily work commitments, DCF worker Michelle Fraiser asked if I could take immediate custody of my son, to which I agreed but... View More
answered on Jan 26, 2024
In your situation, fighting false allegations made by the Department of Children and Families (DCF) in Massachusetts requires a proactive and informed approach. First, ensure that you have a clear understanding of the specific allegations against you. This information is crucial for forming an... View More
answered on Dec 23, 2023
In Massachusetts, the laws regarding the purchase and possession of blank guns (also known as starter pistols or prop guns) can be somewhat complex. Generally, blank guns are not considered firearms under state law because they cannot discharge a projectile. However, the appearance and... View More
Seven years ago I was involuntarily admitted to a mental facility due to severe depression. I am not sure if this meets the definition of being “committed to a mental hospital” which prohibits you from owning a firearm. My confusion lies in whether the legal system was ever involved. When I was... View More
answered on Dec 6, 2023
In Massachusetts, the definition of being "committed to a mental institution" can impact your eligibility to legally own a firearm. If your hospitalization for depression was an involuntary commitment, it might meet this definition, depending on the specific circumstances and whether it... View More
I know you need an LTC to purchase the powder and ammunition but what about possessing it?
answered on Nov 29, 2023
In Massachusetts, the laws regarding firearms can be quite specific. A prohibited person typically is not allowed to carry or possess any firearm, including antique firearms. However, under Massachusetts law, certain antique firearms may not be classified in the same way as modern firearms.... View More
The suet is in the Fbi their is a cartel who is verified by the cia and the Dod both have been a top legal help and verified weapons and the perps breaking torture laws and using a nano they stabbed me with the Dod and cia verified and exotic weapons only few who can explain the weapons the Dod... View More
answered on Mar 5, 2023
If you believe that you have been the victim of a crime or other misconduct involving the FBI, the CIA, and/or the Department of Defense, it is important that you seek the advice of a qualified attorney who specializes in federal litigation and civil rights law.
An attorney can advise you... View More
I have a lawsuit on the Fbi I need to put in for . The Dod have navigated me through the local and state to make sure the perps where using their illegal way to abuse authority but the Fbi is found liable for damages the Dod said since they are letting terroism honon amd a active 6 person cartel... View More
answered on Mar 3, 2023
You may want to consider contacting your local bar association or conducting an online search for attorneys who specialize in civil rights, government misconduct, or similar areas of law. Additionally, you can consider reaching out to legal aid organizations that may offer free or reduced-cost... View More
With no details of how the guns were transported, by whom or when and only the knowledge of their location, no evidence of physically having possession of them how an I be charged with possession?
answered on May 18, 2021
Is there a warrant? Have you been arraigned? If you have a lawyer, he or she can answer that question.
If you’ve not been to court but found out about the case, you really should show up with a lawyer. Especially if you are from out of state. I know that doesn’t answer your... View More
For example, All they have is hearsay that a certain individual is selling drugs and they (the police) have noticed a moderate amount of traffic to the individuals home. But they haven't had any arrests of anyone in possession of drugs leaving that persons home
answered on Aug 19, 2020
That absolutely doesnt sound like it meets the probable cause standard to get a search warrant. The search warrant gets 'returned' within 7 days after it is issued, which isnt always 7 days after the search. You would need to get a copy of the Affidavit from the Court, and that document... View More
Also, how would I find out if my daughter has a lawyer? Any information you can give is greatly appreciated. What steps should I take? I haven't seen her since February when we had a wonderful relationship. I already proved drug allegations to be false in court. They are making false... View More
answered on Jun 4, 2020
Is there a Modification petition pending? Has your visitation been limited by any Court Order? If not you may file a Modification Complaint of your own if the circumstances have changed materailly since your prior orders. You could check the docket on line to see whether counsel for the child was... View More
answered on May 17, 2020
This is addressed in the Tenth Amendment, where powers not delegated to the federal government are seen as belonging to the states or the people. There is a federal police power, but it is more narrow in scope. In terms of the Supreme Court, you could search their recent decisions for federal... View More
Doesn't this order infringe on my constitutional rights?
answered on May 17, 2020
Constitutional rights are balanced with public health interests in these settings. Good luck
Tim Akpinar
I had given my bank account information to someone to make payments into it for my personal use. By free will, they deposited money and I made purchase with it. They later contacted me demanding the money back and threatened to report my bank account for fraud, and said they'd have me arrested... View More
answered on Jan 22, 2019
You describe the money as a gift. Were there conditions to which you agreed in exchange for the funds? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my... View More
please tell me how to put my son on the house and take the friend off the mortgage.
thanks.
answered on Nov 15, 2018
It depends on how your husband's friend's name is "on the house". I am assuming that there is both a deed and a mortgage on the house. There is no "one size fits all" for documents related to ownership and loans related to real property such as a house. Deeds and... View More
Regarding storage and access to any firearms the law defines who has access as "an owner or any lawfully authorized user". How does the law define a lawfully authorized user? Is it the category of firearm license? (e.g. Class A / License to Carry / Large Capacity)
answered on Aug 17, 2018
That might depend on the kind of firearm. A lawfully authorised user will be required to have an FID ( Firearms Identification Card) card at a minimum, or a LTC ( License to Carry).
For example: Residents must have an FID in order to purchase, possess, or transport a rifle or shotgun that... View More
So my employer is the medical director at a psychiatrist office. I am an administrative assistant. His wife, who does not have a visa to work in this country, randomly drug tested me, in a public bathroom that is shared with the whole office building of different businesses, with a store drug test,... View More
answered on Dec 4, 2017
First of all if the medical director's wife is here on a Visa that does not permit her to work, then she is prohibited from administering any drug test for your company or any other company. In that event the use of the drug test can be challenged. Second, Massachusetts does not have a defined... 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.