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California Constitutional Law Questions & Answers
Q: Can a federal law enforcement officer swear to the personal knowledge and observations of another lawenforcement officer

Meaning would this be in violation of the federal rules of evidence rule 803 (8)(c)? Note that I'm speaking of a written affidavit as the basis for probable cause to file a complaint in a district court for purposes of a later INDICTMENT. Is this legal?

Tim Akpinar
Tim Akpinar answered on Feb 21, 2020

If this did not involve a marine incident resulting in vessel boarding by U.S. Coast Guard and Department of Justice personnel following a grounding, cargo spill, fuel oil spill, allision, injury, or other marine casualty requiring completion of a form CG-2692 for incident reporting or drug testing... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Collections and Constitutional Law for California on
Q: Convicted of a crime I did not commit, I do have prison priors, +I'm on bail now. What should I do?
Dale S. Gribow
Dale S. Gribow answered on Feb 17, 2020

ASK THIS QUESTION OF THE LAWYER WHO REPRESENTED YOU AND WHO HAS ALL THE FACTS IN FRONT OF HIM/HER

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Entertainment / Sports for California on
Q: How can I find out if someone has power of attorney over me?
Mit Winter
Mit Winter answered on Feb 14, 2020

A power of attorney is a document that allows you to appoint a person or entity to oversee and manage your affairs. In order for a power of attorney to be legally binding, in most states you must sign and have notarized an original power of attorney document that specifies exactly what powers your... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: ·pc4502 "Prisoner Poss. Weapon" (Dagger) Can officers charge 1 if 2 housed in cell?

Days b4 "John's" controlling charge was dismissed due 2 PD violating his 4th Amendment Right "Illegal Search & Seizure"... C.O.'s searched ONLY ONE cell occupied by 2 inmates "John & Doe", But Only "John" was charged (pc4502)... Report says weapon referred 2 as a "Dagger" (but really a County... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 18, 2020

MORE INFO NEEDED.............THE ANSWER WILL BE FACT DEPENDANT...A LAWYER WOULD HAVE TO REVIEW THE REPORT.

THEY USUALLY CHARGE WITH POSSESSION NOT OWNERSHIP.

WERE BOTH INMATES IN THE CELL CHARGED?

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: Regarding Whren V US. (more in "more info"

What would happen to a Peace Officer that is currently undergoing the Field Training Program getting told by her superior Field Training Officer that the officer is partnered up with tells the Peace Officer in training to pull over somebody without a reason, and he/she does so. Has both officers... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 4, 2020

more info needed.

did you object to stop?

i would think since you reported it, you would not have done anything wrong.

1 Answer | Asked in Animal / Dog Law, Constitutional Law, Consumer Law and Criminal Law for California on
Q: My dog Cooper got away from me and turned in at the Humane Society. I had spent all early morning and the day looking

Emailed all local shelters , and posted advertisements in neighborhood and online to find him. At 5:00pm the same day he went missing I located him at the local SanDiegoHumaneSociety. They had closed , I was instructed to claim him the following day upon opening.

4 years prior he had a... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 4, 2020

more info needed.

did you know he had a chip? did you make any attempt to "re chip" the dog?

you can retain a local lawyer or go to small claims to sue.

not the type of case we would accept but some lawyer might do that.

1 Answer | Asked in Constitutional Law and Criminal Law for California on
Q: How can i get a hearing for constitutional rights violations the search warrant has deliberate false statements

By the affiant and i am starting trial my motions to suppress were filed incorrectly by my attorney what can i do?

Dale S. Gribow
Dale S. Gribow answered on Dec 19, 2019

more info needed.

you should consult with your attorney as to options as s/he has all the info.

if it is a court-appointed lawyer you can ask for a new lawyer.

if the lawyer is privately retained, then hire a new one.

Q: Does what the attorney general said recently count as a general threat to public safety and if so can anything be done?

Bar said something along the lines of that people who don’t “support and respect” the cops “might find themselves without the police protection they need.” This was all framed in a context of political decent.

For our attorney general to say that feels like a threat especially... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 6, 2019

What the Attorney General said was both inappropriate and highly improper, in my opinion. What you can do is make your voice heard in the ballot box next November at the next presidential election by choosing a candidate who will not keep this particular attorney general in his position. The only... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Hi, I was recently involved in a civil trust litigation case. My oppositions attorney worked for the judge sitting the

The opposition's attorney previously was employed by the judge sitting the case law firm. The judge owns and worked at his firm before he became a judge. Is this a conflict of interest??

Louis George Fazzi
Louis George Fazzi answered on Dec 3, 2019

You may want to request the judge recuse himself from hearing the case, due to the appearance of a conflict of interest. You should discuss this with your own attorney, who must decide within 15 days of notice of the assignment of the case to that judge whether to strike the judge pursuant to Code... Read more »

2 Answers | Asked in Bankruptcy, Business Law, Civil Rights and Constitutional Law for California on
Q: Shay from Pro_Hydro Ihave a civil matter current with bribes over my head and want to run leins on commercial props.

Its State & Federal and its quadzillions well more but yah and from start of filing tell now with being served it's still going on so I thought leins to start asap Motel , Parking garage and cars and 2 check cashing stores

Timothy Denison
Timothy Denison answered on Nov 23, 2019

What is your question?

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1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Intellectual Property for California on
Q: Can I sue California for discrimination and unconstitutional gun laws?

The state gun laws do nothing for the law abiding citizen and make it easier on criminals to attack citizens. I feel discriminated against as a law abiding citizen. The people responsible for making every gun law don't have enough knowledge and experience with firearms. I've recently just found out... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You can challenge a law as being unconstitutional if you have been concretely and particularly injured by the law. The interpretation of the Second Amendment is in question right now, and there is a great deal of litigation involving the interpretation and extent of the Amendment.

For a...
Read more »

5 Answers | Asked in Criminal Law, Constitutional Law, Federal Crimes and Sexual Harassment for California on
Q: Can a lawyer represent in any City and how do I go about finding the right one and what are basic fees

I would like to send someone a civ 110-120

William M. Weinberg
William M. Weinberg answered on Oct 30, 2019

A license to California attorney can represent you anywhere in the state. It makes sense however to hire someone who is local to you as they are familiar with local court processes, judges and prosecutors. The fee you would pay would correspond with the charge you have any criminal history you... Read more »

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Fresno police homeless taskforce threw all my property away if value cash diabetic insulin syringes high blood meds,and

Then arrested me when I said I'm going to sue their violating federal ruleing in Sept 2018 violating my constitutional rights what can I do to get reimbursed for property of value thrown away arrested for fmc 13-109 blocking sidewalk,never told what I was being detained for Miranda rights never... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 29, 2019

Contact a civil rights lawyer asap. S/he can help with this problem. Simply google civil rights lawyers Fresno, you should be able to get a free consultation.

3 Answers | Asked in Criminal Law, Constitutional Law and White Collar Crime for California on
Q: If some one was tried and convicted can they go and arrest another person for that same credit card

I Did jail time for a credit card and they arrested and is now trying to charge him now but I had ben first to do time for it so why does my friend have to do do time for using it to?..

William M. Weinberg
William M. Weinberg answered on Oct 24, 2019

I think you answered your own question. Your friend to use the credit card. That’s a crime because it wasn’t his card. Therefore, the government can charge him for using the card when he should not have use the card because it does not belong to him.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for California on
Q: Ineffective assistance of councel How to sue PD office. How to file motion to dismiss. Sue the planiff for perjury

Filing false police report.

I've been denied my civils by the PD at least 30 times. How to fix this? They are just extorting me and flipping me the bird. I've paid over a $1200. Court fees. Had been harassed by the sheriff's. Had 11 cases going on in 2018. Took me to jail 2 or 3 x. I never... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 17, 2019

more info needed.

I would write out in detail the issues you have and ask the judge if they would appoint a court-appointed lawyer for you........not in the PD's ofc.............your PD might even help you with that as I assume they want to conclude their representation.

few lawyers...
Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: DA left jurors with witness that left instant negative afterthoughts towards the defendant . Tainted their thoughts

3 different jurors fell asleep at three different times. This case was found guilty be the jurors how dare they fall asleep knowing this defendant was fighting for his life.

Dale S. Gribow
Dale S. Gribow answered on Oct 16, 2019

more info needed.

have you been convicted?

questions like this should be asked of your private or court appointed lawyer.

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for California on
Q: Change of venue in unlawful Detainer case by defendant from superior court of Alameda to federal court.

Plaintiff received federal funds allocated by a nonprofit entity operating with in California. Plaintiff has a history of substantial filings of unlawful detainers since the 1980 in Alameda County. Defendant is a 100% service-Connected disabled Operation Iraqi Freedom Army Veteran who has been... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 14, 2019

Simply put, the Federal courts have original jurisdiction in cases and controversies which raise either a federal question, or in civil cases where the parties reside in different states and the amount in controversy exceeds $75,000. A typical unlawful detainer case is between landlord and tenant... Read more »

1 Answer | Asked in Adoption, Animal / Dog Law and Constitutional Law for California on
Q: How can I get my Emotional Support Animal back?

I was released from jail after serving two months for a warrant out of San Francisco county. Animal Care and Control released my do to a rescue shelter but they won't tell me where exactly she is located. What can I do in order to get her back home?

William John Light
William John Light answered on Oct 13, 2019

You can't. Your dog is gone. You should have arranged for someone to take care of her while you were in jail.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: If I have hours of evidence of my neighbors communicating about targeting me out, what actions can I take against them?

If I have many hours of my neighbors communicating with their community engagement/social justice project about targeting me out and basically torturing me to death, what legal action can I take?

Gary Kollin
Gary Kollin answered on Oct 11, 2019

Take them to the police

1 Answer | Asked in Constitutional Law for California on
Q: In California, is it legal to take coins out of public fountains?

It's technically picking up dropped change, isn't it? (i.e. taking coins from the fountains in malls, shopping squares, or parks)

Tim Akpinar
Tim Akpinar answered on Oct 11, 2019

Don't do it. A court is not likely to see it the same as dropped change.

Tim Akpinar

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