Get free answers to your Constitutional Law legal questions from lawyers in your area.
At Woodland Middle School, we use a program called Linewize on our school laptops, which tracks information such as search history, IP addresses, passwords, exact locations, and keystrokes, and can monitor our screens in real-time. We, the students, did not give consent for this level of... View More 
answered on Apr 25, 2025
Possibly. They tried to do the same thing with the computers used by federal judges. It wasn't done. We have to wonder if it's being done even when they say it's not. Like the NSC. I wonder if all calls made within, to and from the US, are being digitized. Signal and WhatsApp... View More
I'm writing an article regarding "Trump Derangement Syndrome" and its potential proposition to be recognized by legislative bodies. I want to know if there is legal precedent for any legislative body, state or federal, to recognize a mental illness that is not acknowledged by the... View More
Can I file a claim if police raided my apartment without showing a warrant, took money, and later returned it? The raid was deemed unsuccessful, and the charges related to a small amount of a controlled substance found in the apartment were dismissed at the first court date.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025
Yes, you may have grounds to file a legal claim if the police raided your apartment without presenting a valid warrant, seized your property, and the charges were later dismissed. The Fourth Amendment protects you against unreasonable searches and seizures, and failure to produce or execute a valid... View More
In a traffic court case for a stop sign ticket, I testified and was initially found guilty. I successfully appealed with a 3-0 decision in my favor. However, at a second trial, the DA suggested that the judge compel me to testify, even after I pleaded the Fifth Amendment, stating it could lead to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
This is a deeply important question, and it's understandable that you're frustrated and confused by the way things unfolded. In most criminal cases, the **Fifth Amendment** protects individuals from being forced to testify if doing so might incriminate them. However, **traffic court in... View More
I believe my neighbors are involved with government surveillance involving unauthorized monitoring and interrogation, evident through daily suspicious activities and increased foot traffic. I have photographed military equipment and electronics being delivered to their house. My iPhone is being... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025
I understand you're going through a difficult situation and feeling violated. Your experiences sound distressing, and it's completely reasonable to seek help when you feel your privacy and rights are being infringed upon.
When dealing with complex concerns involving potential... View More
I've been harassed by the police department since 2023. Recently, a sergeant threw me into a door, threatened to tase me while I was soaked from the rain, and punched my kidneys. There are no chest cameras, but I have photographs of my injuries. I asked for the sergeant's commanding... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025
Your situation sounds distressing, and you have several potential legal avenues to pursue. First, consider filing a formal complaint with the police department's internal affairs division regarding the physical altercation and document everything thoroughly—your injuries, medical reports,... View More
I was falsely imprisoned due to constitutional violations and insufficient counsel, and my appeal was filed after conviction without a 30-day notice. I never had a parole final hearing, but records falsely stated I did. My significant concern is the successful 440.20 motion that the lower court did... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2025
This question cannot possibly be answered unless I review your entire file. I would charge for that by the hour, or I could quote you a flat fee after seeing how big the complete file is when you bring it to my office.
I was incarcerated and filed a successful motion under 440.20, but the lower court did not respect the high court's decision, and I was left in jail. I later filed an appeal with new evidence, and the Court of Appeals ruled in my favor, directing the lower court to bring me back down and put... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2025
In order to answer your question, I would have to review the ENTIRE file for your case, from day one until the present. If you are interested in retaining me for that purpose, please have someone assemble the COMPLETE file and bring it to my office. Once I see how large the file is, I will be... View More
If a person on trial for murder in New York City is discovered by his lawyer to be a vigilante, and this information is not related to the defense strategy nor known to anyone else, does the lawyer have an obligation to disclose this information to the judge and prosecution, especially if the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025
In the legal world, attorney-client privilege is a fundamental cornerstone of effective representation. Your lawyer generally has no obligation to disclose information learned during your representation, including your possible vigilante activities, unless those activities directly relate to the... View More
I believe my Fourth Amendment rights were violated on October 4, 2024, when public safety officers beat me, refused to give me water, and scarred my face. I'm currently involved in a criminal case related to dumpster diving, which is being handled by a public defender. I haven't taken any... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025
I'm sorry to hear about the mistreatment you experienced, and I can understand how distressing it must be to feel that your rights were violated in such a serious way. In New York, the legal timeframe for filing a civil rights lawsuit related to a Fourth Amendment violation, such as excessive... View More
I am concerned about the limits of freedom of expression on social media, particularly regarding potential legal consequences such as defamation, harassment, or hate speech. My concern focuses on expressing opinions about topics like Gaza and Israel. Are there potential legal risks or specific... View More
answered on Feb 23, 2025
Expression of support of genocide and terrorism is unlawful. There is no First Amendment protection. Also avoid defamation, incitement and hate speech, among other things.
Jack
I'm trying to understand if the principle of subsidiarity, as referenced in the European Convention on Human Rights (ECHR), applies to all international law or if it's specific to EU law. Could someone clarify the general applicability of this principle across different treaties and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 18, 2025
The principle of subsidiarity extends beyond EU law, though it has become most prominently associated with European Union governance. You'll find this concept deeply embedded in EU treaties, where it guides decision-making between Union-level and member state actions.
In broader... View More
Basically On Christmas I confessed feelings to a girl friend, she did not feel the same towards me, we didn’t speak until the first Saturday after the new year at a basketball game, I would then (UNINTENTIONALLY) move kinda near her since we’re both photographers, we didn’t speak much but on... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2025
From what you've described, there might be grounds to challenge the school's disciplinary action, particularly since there appears to be a disconnect between the school's severe response and your direct communication with the student in question. The fact that she expressed being... View More
I am seeking legal representation for a high-stakes housing discrimination and disability rights case involving violations of the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA).
This case concerns a prominent NYC property management company’s failure to provide... View More
answered on Jan 14, 2025
I'm sorry for your ordeal. Your post straddles several practice areas. In response to your question seeking an experienced attorney to take the matter to trial, it could be difficult for attorneys here to offer their services to you. The format here is limited to Q & A, rather than... View More
Tenant evicted August 2022 (without counsel, guardian ad litem or Advocacy of any kind while attorney’s claimed "no interest but wouldn't elaborate) Tenant evicted under clause "We reserve rig ammendment the lease for the health & safety of tenants). No ammendment to lease... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2025
I'm really sorry to hear about the challenges you've faced with your eviction. It sounds like you've been through a difficult and complicated process.
To seek recourse, consider reaching out to local legal aid organizations that provide assistance to individuals in situations... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024
Judicial misconduct occurs when a judge engages in inappropriate or unethical behavior that undermines the integrity of the judiciary. This can include actions like accepting bribes, showing bias, violating procedural rules, or engaging in conflicts of interest. If you believe a judge has acted... View More
Defendant signed affidavit, judge signed it the next morning I was incarcerated, but the judge never released me until 7 days later and I was not given legal counsel, medication, phone call and my food was slid across the floor every day to me like a dog and I was made to sleep in a plastic... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024
I'm truly sorry you're experiencing this. Your situation involves several serious concerns that need attention. You may have rights that were violated during your arrest and detention process.
It's important to reach out to a qualified attorney who can help you understand... View More
If someone had a fake Facebook account that can no way be linked to them selves and agreed to sell an item to an undercover cop is a agreement to meet enough probable cause to pull any person out of their car without knowing for sure they had the property you're looking for?? They didn't... View More
answered on Jan 9, 2025
NYS courts have ruled there are four stages of police encounter leading to probable cause to arrest, whch I am not going to get into since it's involved. However, a court during the prosecution of the case would review the matter pursuant to a motion challenging the basis for arrest and... View More
My roommate was on probation. During a home check, a probation officer pushed his way into my private bedroom and later that the police came with a warrant for the first floor with the wrong name and proceeded to search the other 2 floors. I have the discovery packet and the probation lied several... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2024
I'm sorry to hear about the difficult situation you're facing. Dealing with potential civil rights violations and serious criminal charges can be incredibly stressful. I hope the following information helps clarify your options.
Disclaimer: This response is for general... View More
My son is 6, autistic and being detained in foster care for two years. He had left the inside of our home and went out to play in the driveway unattended several times. I had him evaluated turning a diagnosis of autism. He has left the foster home and school undetected also. He is being abused I... View More
answered on Nov 6, 2024
Is this a NY case? There is no 388 petition. Either this case is for a different state in which case you should repost as such, or you are being misled by your Google research. Talk to your lawyer.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
