Get free answers to your Constitutional Law legal questions from lawyers in your area.
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 
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
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
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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
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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
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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
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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
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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
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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.
So this is a follow up to the last question that I asked. I'm still a bit confused It seems that while title 26 is not positive law, the actual Internal Revenue Act of 1986 is....at least from what I am understanding. My previous question helped to determine that our current taxing provisions... View More
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answered on Oct 25, 2024
You’re on the right track with your understanding of Title 26 and the Internal Revenue Act of 1986. Title 26 of the United States Code is indeed the codification of the Internal Revenue Code (IRC). The IRC itself is considered positive law, meaning it has been enacted into statute by Congress and... View More
My friend is using the claim that because the president is experimenting with the idea of removing the income tax that the IRC that established it is not considered positive law. They mentioned something about it being done as an executive order but I don’t really understand that. What I imagine... View More
answered on Nov 17, 2024
A president could propose such measures, but legislation to do so is outside the executive branch's authority. That's something that would traditionally go through Congress. There is discussion of using other measures to replace revenue from income taxes - that might be what your friend... View More
I need to sue the dutchess county jail again for not
giving me records and the truth on my son's death.
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answered on Oct 24, 2024
I'm sorry you're facing this challenging situation. To find a pro bono lawyer for your case in Dutchess County, start by reaching out to the New York State Bar Association. They can connect you with attorneys who offer free legal services for cases like yours.
You can also contact... View More
On a federal court order
answered on Oct 18, 2024
You've probably been searching for attorneys on your own already. You could supplement your searches with the tab above, "Find a Lawyer," which lists attorneys by region and area of practice. You could also look into the attorney referral sections of local and state bar associations.... View More
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answered on Oct 14, 2024
Understanding which cases have recently cited Martin v. American Potash & Chemical Corp. can be crucial for your legal research. This case has been referenced in various decisions, particularly those involving environmental regulations and corporate liability. For instance, some appellate... View More
When I was pulled over a cop came to the window and I asked him why did he pull me over. He then asked for my physical credentials. I took my time retrieving them because I wanted him to answer my question. I then asked a couple more times and he said ("because I can"). I responded back... View More
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answered on Oct 11, 2024
I'm sorry you went through that experience. It’s important to understand that police officers need a valid reason or probable cause to initiate a traffic stop. If the officer couldn’t clearly explain why you were stopped or relied on vague reasons like "because I can," this might... View More
My friend Mike found people had broken into his dead uncle's house, so he took both weapons he knew were there so that they could not be used on an innocent by standard or the police and left. He tells his neighbor to call the police. When they arrive, they force my friend to the ground at gun... View More
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answered on Sep 24, 2024
If your friend, Mike, was denied a firearm purchase in New York State after a background check, he won't be able to bypass that by trying to buy one in another state. Federal law requires background checks for gun purchases, and if he was denied in one state, the same information will likely... View More
My friend is adamant that the ALL CAPS NAME (he told me to spell it like that when asking) is separate from the living human being which is separate from the natural person. He claims that the all caps name is a corporation acting as a "represented person". I showed him several court... View More
answered on Sep 17, 2024
Corporate status is not determined by uppercase, lowercase or a combination of the two.
Jack
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