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Missouri Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: What motion to file to stop a judgment due to Ethical Misconduct? Dose it need a Notice of Hearing?

Went threw a separation i left due to abuse in all natures by him and his family. The County i live in is know for its bias verdicts in all court finsings...The judge was so bias and favorable to my ex due to my family knows urs that i got yaken out the pasture so to say. Im an outsider to them.

James L. Arrasmith
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answered on Nov 29, 2023

In your situation, where you believe a judgment was influenced by ethical misconduct or bias, you might consider filing a motion for a new trial or a motion to set aside the judgment. These motions are typically used to challenge a judgment that may have been affected by unfair practices or errors.... View More

2 Answers | Asked in DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: If I lost my driver's license in Illinois and moved out of state, how can I get it back?

I followed the given process by the state multiple times and was denied reinstatement with no course or solution to rectify the situation.

James L. Arrasmith
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answered on Nov 21, 2023

If you lost your driver's license in Illinois and have since moved to another state, the process for getting it back can be complex, especially if you've been denied reinstatement multiple times. First, it's crucial to understand the specific reasons for your denial in Illinois, as... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Missouri on
Q: What protections do I have as a historian who interviews former and existing KKK members from the Civil Rights Era?
James L. Arrasmith
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answered on Nov 17, 2023

Here are a few key considerations for historians interviewing former and existing KKK members from the Civil Rights Era:

- As with any interview subject, obtain informed consent and make sure they understand how the interview will be used. Explain your project goals and how their...
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1 Answer | Asked in Constitutional Law and Civil Rights for Missouri on
Q: yes how are they able to search my car with a drug sniffing dog without consent or even a warrant probable cause gives

them the right to get a warrant not conduct a search if this was back in the day man i swear people would shot the police doesn't even the court hold that under the protection of the 4th right

James L. Arrasmith
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answered on Nov 15, 2023

Under the Fourth Amendment, searches and seizures must be reasonable and, typically, a warrant is required. However, the U.S. Supreme Court has held that the use of a drug-sniffing dog during a lawful traffic stop does not constitute a search under the Fourth Amendment.

This means that...
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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: 10 days from the judgment day to move does the weekend count and yesterday was Veterans Day

Didn't receive a summons in the mail at all and according to judgment I have 10 days from the 3rd to move. Does that include weekend or holidays

James L. Arrasmith
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answered on Nov 12, 2023

In Missouri, when a judgment specifies a period like 10 days to take action, it typically includes weekends and holidays, unless the court order or applicable law specifically states otherwise. This means that in your case, the 10-day period from the 3rd would include weekends and Veterans Day.... View More

1 Answer | Asked in Constitutional Law and Civil Rights for Missouri on
Q: isn't part of due process the creation of the law as 1st it has to be made that's the process
James L. Arrasmith
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answered on Nov 12, 2023

In Missouri, as in all of the United States, due process refers to the legal principle that the government must respect all of a person's legal rights, rather than just some or most of those legal rights. While the creation of laws is part of the broader legislative process, due process... View More

4 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: IF THERE ARE TWO PEOPLE INVOLVED IN A MATTER THAT COULD INVOLVE A LAWSUIT DO YOU LIST BOTH PEOPLE WHEN FILING

If multiple people are affected , do they do their own form and lawsuit separately or are they list on the same form as plaintiffs.

James L. Arrasmith
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answered on Nov 8, 2023

In Missouri, if two people are involved in a matter that could involve a lawsuit and both have claims arising from the same set of facts, they often can be listed as co-plaintiffs on the same lawsuit. This is typically done to streamline the legal process and to address all related claims in a... View More

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1 Answer | Asked in Constitutional Law for Missouri on
Q: yes i've asked on here about the drug war & how it was legal & the best answer was that it was law but i now know that

it isn't as No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States according to the 14th Amendment & that the controlled substance act gets its constitutional power from the commerce clause which states congress is to have... View More

James L. Arrasmith
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answered on Nov 8, 2023

The Controlled Substances Act (CSA) is indeed a federal law, and its enforcement is not solely restricted to public commerce. The U.S. Supreme Court has interpreted the Commerce Clause to allow Congress to regulate activities that have a substantial effect on interstate commerce. In cases such as... View More

3 Answers | Asked in Constitutional Law and Gov & Administrative Law for Missouri on
Q: Do i have to obtain a lawyer that lives in my state ?

WHEN LOOKING FOR A LAWYER DO THEY NEED TO COME FROM THE STATE THE CLIENT RESIDES IN OR IS SUING IN?

Randall Bateman
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Randall Bateman
answered on Nov 6, 2023

This is a great question. For many areas of law it is best to hire an attorney in the state where you have your dispute or other legal issue. Many areas of law like family law and contracts can vary from state to state. If you are getting divorced, you want a divorce attorney who knows the laws... View More

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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Constitutional Law for Missouri on
Q: code enforcement condemns a home, knowing there are tenants living there with no notice to vacate or prior notice.

If they code enforcement condemns a home for ext violations, knowing there are tenants staying there can they be held liable for anything in the court of law. No notice to vacate, no notice on the premises at anytime saying the place is condemned. Is that not apart of due process? Letters sent to... View More

James L. Arrasmith
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answered on Nov 5, 2023

In Missouri, tenants have the right to receive notice before being displaced from a condemned property. If code enforcement condemned a home without providing notice to tenants, there could potentially be a violation of due process rights.

Tenants who are suddenly displaced without proper...
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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: A friend of mine is being held in county jail. Hes beimg denied his mental illness medications by staff.

He was previously incarcerated in missouri DOC facility and its stated in his DOC records that he was prescibed medication for mental illness while in DOCs care,as well as being seen by health professionals while in their care. His medications are noted in the system, and he has mentioned needing... View More

James L. Arrasmith
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answered on Nov 5, 2023

If your friend is being denied prescribed medication for a mental illness while in jail, this may constitute a violation of his Eighth Amendment rights, which protect against cruel and unusual punishment. This could also raise concerns under the Americans with Disabilities Act if he is not being... View More

2 Answers | Asked in Civil Litigation and Constitutional Law for Missouri on
Q: Does the federal government, or any agent fro the federal government, have the power to enforce state law?

In the State of Missouri, the Missouri Supreme Court-Office of Chief Disciplinary Counsel--is the only agency within the state, that has the power to investigate, ad/or determine, if someone, attorney or otherwise, is engaged in the lawful or unlawful practice of law. Can a United States Probation... View More

John Michael Frick
John Michael Frick
answered on Oct 25, 2023

Ordinarily, when a person is on probation, one of the terms of probation is not to commit another crime. For purposes of revoking probation, a probation officer can investigate to determine whether there is probable cause to believe the individual has committed another crime, whether it be a... View More

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1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Gov & Administrative Law for Missouri on
Q: Court rules 75.01 and 74.05 interplay question.

Question about MO court rule 75.01 and 74.05. Had a case and there was a default judgement. The respondent didn't respond at all. Within 30 days after judgment, they respond. I claimed it was a default judgement and controlled by 74.05. Judge says 75.01 applies since within 30 days and not... View More

James L. Arrasmith
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answered on Nov 5, 2023

In Missouri, Rule 74.05 pertains to setting aside a default judgment, which can be invoked when a party has failed to appear or respond to a lawsuit. However, if a party responds within 30 days of the judgment, as stated in Rule 75.01, the court may have discretion to consider it as a motion for a... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: My fiance is in jail and I believe they are violating his constitutional rights and we need help PLEASE.

I don't think they read his miranda rights. Hes been in there for 7 days & I am jst gttng to tlk to him. thy said his public defndr can't get him out until at least 11 more days, but that is a maybe and his court date is set for an entire month from now and we can not afford a lawyer.... View More

James L. Arrasmith
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answered on Oct 15, 2023

If you believe your fiance's constitutional rights are being violated while he is in jail, there are steps you can take to address the situation:

Contact an Attorney: Reach out to a criminal defense attorney as soon as possible. If you cannot afford one, inquire about whether your...
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2 Answers | Asked in Constitutional Law for Missouri on
Q: how does this government write a law that is against the law
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

Laws are often drafted by legislative aids, non-profit organizations, or think-tanks that try to avoid writing laws that violate other laws. Sometimes, they push the envelope and laws are drafted and adopted that are later declared to be either unconstitutional, or violative of other laws, or in... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: if a witness is not questionable by my lawyer is their testimony admissible and the warrant that was issued valid

& still does it still stand

T. Augustus Claus
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answered on Sep 12, 2023

In legal proceedings in Missouri, the admissibility of witness testimony and the validity of a warrant are subject to specific legal criteria and considerations. Whether a witness's testimony is admissible typically depends on factors such as relevance, hearsay rules, and compliance with... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Missouri on
Q: question

how can they arrest me for possession of a drug when i am supposedly a free united states citizen & to arrest me of such charges is treason we have 2 declarations of war 1st one is by jfk which he told us that we was at a war & the enemy was close at hand practically our next door neighbor... View More

James L. Arrasmith
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answered on Sep 11, 2023

I can understand why you might feel that your rights are being violated, and it's important to critically evaluate how laws and their enforcement impact individual freedoms. In the US, laws around drug possession are enforced based on a variety of federal and state statutes which have been... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: I have an outstanding warrant for a crime I did commit, however it says my warrant is for something I was never charged

with. Under my case file, it says it's for stealing, but I pled not guilty, and then missed my trial arraignment. I should only have a warrant for missing my court date since I was never officially sentenced, right? Should I turn myself in?

Steve D. Hardin
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Steve D. Hardin
answered on Jun 28, 2023

Yes you should turn yourself in. But before you do you need to hire an attorney or speak to your current attorney.

The warrant even for failure to appear always references the charges even if you have plead not guilty. Either way when you have a warrant you need to get an attorney and...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: What do I do when I can prove police have tampered with evidence in my criminal case and no local lawyer will help
John Michael Frick
John Michael Frick
answered on May 3, 2023

Look outside your local area to lawyers licensed to practice in Missouri federal courts who practice in the area of civil rights.

Increasing how much you are willing to pay for a lawyer’s services makes it more likely you will be able to find a lawyer who is willing to work for you.

1 Answer | Asked in Traffic Tickets and Constitutional Law for Missouri on
Q: If a cop gave me a printed out ticket but never asked me to sign it is the ticket valid it's on his vehicle camera

I got the ticket in Missouri but while in his vehicle when he gave me the ticket on camera he never asked me to sign it on any of the signature spots is the ticket valid he didn't sign the printed out ticket anywhere either

Andrea Rogers
Andrea Rogers
answered on Oct 1, 2022

Yes, the ticket is valid. It makes no difference if the police officer didn't sign the ticket or if you didn't sign the ticket. After the police officer issues a ticket to a driver, the prosecutor has to approve the ticket, and then it goes to the court clerk to be filed on Casenet.... View More

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