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California Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law and Criminal Law for California on
Q: Is it unconstitutional to be in prison for 30 years without being granted a hearing or going to board

An attempted murder sentence been incarcerated for 30 years but never granted any type of hearing or been before the board. Is this unconstitutional

James L. Arrasmith
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answered on Sep 7, 2023

In California, as well as in the wider United States, depriving an individual of the opportunity for parole without any type of hearing for an extended period like 30 years could potentially raise serious constitutional concerns under the due process clause of the 14th Amendment. Generally... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for California on
Q: in California if i was caught concealed carrying a antique firearm what would happen

Im 18, the county is fresno county, the antique firearm was a cap and ball revolver and loaded, and i have a history of being comitted to mental institutions more than once a year for mental illness as a minor,

I concealed carried it for self defense because i cannot legally own a modern... View More

James L. Arrasmith
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answered on Sep 5, 2023

In California, carrying a concealed loaded firearm without a permit is generally illegal, even if the firearm is antique. Your age and history of mental illness could further complicate the situation and make it more likely that you'll face criminal charges. Depending on the specific... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Police raided my hotel room to get my girlfriend who had a warrent. They said I was on Probation for cause to breakin

They kicked the door in while she was in the shower and I was at work. They said I was on Probation and that gave them cause. I was the only 1 on the hotel checking and am not on Probation. Since she has plead guilty and sentenced to 2years.

James L. Arrasmith
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answered on Sep 3, 2023

If the police erroneously believed you were on probation and used that as the basis to enter your hotel room without a warrant, this could potentially be a violation of your Fourth Amendment rights under the U.S. Constitution, as well as analogous protections under California law. Depending on the... View More

1 Answer | Asked in Contracts and Constitutional Law for California on
Q: When the Supreme Court adopted judicial review in Marbury vs Madison how was this not a legal violation of contract law?

The Constitution is seen as both the "highest law of the land" as well as a contract between the federal government, and the people through the ratifying states. I feel that the fact that the Constitution and its amendment are/were not valid until state ratification supports the view that... View More

James L. Arrasmith
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answered on Sep 2, 2023

The Constitution is generally not interpreted as a contract under contract law; instead, it's viewed as a foundational legal document that establishes the framework of government. The principle of judicial review, established in Marbury vs. Madison, arises from the Court's interpretation... View More

2 Answers | Asked in Contracts, Immigration Law and Constitutional Law for California on
Q: What are the significant differences between (US) Nationals, foreign nationals, citizens, non-citizen-nationals, etc

and how do they benefit/ disadvantage the individual people whom accept such classifications? How does one go about changing the classification one has; by using alternative language/words when filling out certain forms? What commercial/private legalities does each classification hold?

James L. Arrasmith
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answered on Aug 29, 2023

In U.S. law, a "citizen" is someone who has full legal rights and obligations under the Constitution, including the right to vote and work. A "non-citizen national" usually refers to someone born in an American territory like American Samoa, who has fewer constitutional... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: My Mercedes Benz was stolen by a homeless woman 3 months ago.and is driving my car like it is hers

The APD police department report listed false information about my car and has redacted the suspect's personal information...is she a CI?

James L. Arrasmith
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answered on Aug 15, 2023

In California, I recommend contacting the local police department to obtain accurate information about the status of your stolen vehicle case and any investigation updates. It's important to work with law enforcement to address the situation and provide any necessary information to help... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Family Law for California on
Q: Anyone willing to take case a civil suit again San Bernardino County DCFS???

The Fontana Office and Rancho Office for due process violations, privacy violations, HIPPAA violation, Wrongful Removal, Undue Influence and Coercion. Documentation to support my case include Riverside Kaiser Medical Report 350 pages, Fontana Kaiser Medical Report 655 pages, texts messages and... View More

James L. Arrasmith
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answered on Aug 15, 2023

It seems like you have a complex situation involving potential civil rights violations, privacy breaches, and medical malpractice. It's advisable to consult with a California attorney who specializes in these areas to thoroughly review your documentation and determine the viability of a civil... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Family Law for California on
Q: Anyone willing to take case a civil suit again San Bernardino County DCFS???

The Fontana Office and Rancho Office for due process violations, privacy violations, HIPPAA violation, Wrongful Removal, Undue Influence and Coercion. Documentation to support my case include Riverside Kaiser Medical Report 350 pages, Fontana Kaiser Medical Report 655 pages, texts messages and... View More

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2023

It's difficult for attorneys here to offer their services to you. This forum isn't set up like a referral service. In addition to your own searches, you could look into attorney referral sections of local and state bar associations. Also, there is a tab above, "Find a Lawyer."... View More

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1 Answer | Asked in Internet Law, Civil Rights, Constitutional Law and Entertainment / Sports for California on
Q: Can certain subjects be illegal to write about in fictional stories?

I published a book on a story sharing website that focuses on the long term effects of sexual abuse. The main character is a 16 year old girl and her abuser is much older. There are some graphic sexual scenes, but they’re to paint just how horrible her situation is. I understand it’s a... View More

James L. Arrasmith
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answered on Aug 14, 2023

While fictional works often receive protection under the First Amendment, certain subjects, particularly those involving explicit sexual content or minors, can raise legal concerns. If your story contains explicit content involving a minor, it could potentially be subject to laws addressing child... View More

2 Answers | Asked in Civil Rights and Constitutional Law for California on
Q: Can you file a civil lawsuit against law enforcement for a incarcerated loved one who is mentally Ill being abused

My son is currently in our county jail. He has a long history of mental illness. Which is in his paper work, the courts and the deputies are very filmier with. Instead of the facility treating him properly as an inmate with mentally illness, he’s being treated like a hostile inmate. Some things... View More

James L. Arrasmith
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answered on Aug 13, 2023

Yes, you can potentially file a civil lawsuit against law enforcement if your mentally ill loved one is being abused while incarcerated. Cases involving excessive force and mistreatment of inmates with mental illnesses may give rise to claims for violations of constitutional rights. It's... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for California on
Q: Any RICO attorneys? Criminal case found not guilty. Biased toward the catholic church. Malicious prosecution.

Bias for the catholic church by the prosecutors, judges, city councilmember and LAPD officer.

Anyone available to sue ? Violation of my civil rights, First amendment to protest the noisy amplified sound system at the catholic church.

James L. Arrasmith
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answered on Aug 12, 2023

Based on the information provided, if you believe you have been a victim of biased prosecution and a violation of your civil rights in connection with your criminal case and First Amendment rights, it may be possible to pursue legal action. Consult with an attorney experienced in civil rights and... View More

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1 Answer | Asked in Constitutional Law for California on
Q: Are laws invalid if they target a group who was disenfranchised when they passed but has since won the right to vote?

A state supreme court judge in Utah recently questioned the validity of the state constitution's language on abortion, given that it was drafted when women--those most directly affected by pregnancy and abortion--did not have the right to vote. What is the validity of this type of law? In... View More

James L. Arrasmith
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answered on Aug 10, 2023

Laws that specifically target disenfranchised groups when passed may be subject to legal challenges on various grounds, including equal protection and fundamental rights. The impact of enfranchisement on the validity of such laws can depend on the specifics of each case and the legal arguments... View More

Q: My employer said I cannot make a discrimination claim because I am causation, is that true?

I have been being called "white girl" and "Karen" by an African American staff, and was told I cannot fil a discriminations claim because I am the majority. I am being targeted for my race and UCSF said I have no stance due to my race.

Brad S Kane
Brad S Kane
answered on Aug 9, 2023

What you are being told is not true. A person of any race can bring a claim for unlawful racial discrimination in the work place. You should confirm their position in writing.

Before you do attempt to do so, you should speak with an employment attorney. Most provide free consultations.

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Q: My employer said I cannot make a discrimination claim because I am causation, is that true?

I have been being called "white girl" and "Karen" by an African American staff, and was told I cannot fil a discriminations claim because I am the majority. I am being targeted for my race and UCSF said I have no stance due to my race.

Neil Pedersen
Neil Pedersen
answered on Aug 9, 2023

Either the employer here is outright telling you a lie, or it has a fundamental misunderstanding of the laws that protect employees against discrimination based on sex. A Caucasian person can make a claim of unlawful discrimination or harassment if they are being subjected unfair or improper... View More

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Q: My employer said I cannot make a discrimination claim because I am causation, is that true?

I have been being called "white girl" and "Karen" by an African American staff, and was told I cannot fil a discriminations claim because I am the majority. I am being targeted for my race and UCSF said I have no stance due to my race.

James L. Arrasmith
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answered on Aug 10, 2023

Discrimination claims can be based on various factors, including race, regardless of whether someone is in the majority or minority. Being a member of the majority group does not automatically preclude you from making a discrimination claim if you believe you are being targeted based on your race.... View More

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1 Answer | Asked in Banking, Civil Rights, Constitutional Law and Identity Theft for California on
Q: A police officer threatened me when I wanted to file a report of a crime that took place against me in another country.

I was kidnapped in another country, the kidnappers have my phone with all my information, my family's information, and they made threats that they would harm me in the USA if I filed a report. I have thousands of dollars taken from my accounts, and now I am facing possible future harm to me... View More

James L. Arrasmith
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answered on Aug 5, 2023

Based on the facts provided, you potentially have a claim against LAPD and the City of Los Angeles for their failure to carry out their duty, however the specifics of your situation and how it was handled are critical. Success of a lawsuit would hinge on proving police negligence or misconduct,... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Immigration Law for California on
Q: a) On or about March 14th, 1984, I was deported to Lebanon, a country in the midst of a gruesome civil war.

b) The United States Department of State had advised against travel to Lebanon in 1984 due to security concerns, including crime, terrorism, armed conflict, civil unrest, kidnapping, and limited support from the U.S. Embassy.

c) I did not know anyone in Lebanon and had no means to support... View More

James L. Arrasmith
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answered on Aug 5, 2023

1) Can a person be deported to a country that is in the midst of a civil war?

In extreme cases, deportation to a country in the midst of civil war can occur. However, U.S. immigration law does provide certain protections, such as Temporary Protected Status or asylum, for individuals who may...
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1 Answer | Asked in Criminal Law, Family Law, Constitutional Law and Identity Theft for California on
Q: I had questions about financial and emotional abuse, and emotional distress in the court of law and if it applies to me.

Dad kicked me out, and is stealing my financial aid ($13k+); and refuses to give me my legal documentation (passport, social security, birth certificate ect). I’m pretty much homeless because of his actions.

James L. Arrasmith
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answered on Aug 5, 2023

I am sorry to hear about your situation. Financial and emotional abuse can have serious legal implications. Under California law, financial abuse and withholding essential documents are unlawful actions. You may have grounds to seek legal remedies and assistance, such as obtaining a restraining... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for California on
Q: Are police required to give vehicle owner a receipt when impounding their car, after a traffic stop?

Police pulled me over and impounded my car, they didn’t give me a citation or any kind of receipt, then reported that they found my car parked and unattended

James L. Arrasmith
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answered on Jul 29, 2023

Under California law, police officers are generally required to provide the vehicle owner with a written notice or receipt when impounding their car after a traffic stop. The receipt should include information about the reason for the impound, the location of the impound lot, and the procedures for... View More

1 Answer | Asked in Animal / Dog Law, Civil Rights and Constitutional Law for California on
Q: Can animal shelter refuse to give me my kittens if police said it was temporary until I get released?

It's only been one day, and they are refusing to give me back my 4 month old kittens. I was arrested and police told me I can just go pick them up . But they are trying to charge alit of money said if I can't pay it in full they will adopt them out

James L. Arrasmith
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answered on Jul 28, 2023

Under California law, if the police advised that the animal shelter would hold your kittens temporarily until your release, the shelter should return the kittens to you once you are released. The shelter cannot charge excessive fees or put undue financial burdens on you to reclaim your pets. If... View More

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