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California Constitutional Law Questions & Answers

1 Answer | Asked in Constitutional Law, Criminal Law and Election Law for California on

Q: What would the corrective be to all the actions resulting from a presidency gained through fraudulent means?

If Trump is found to have gained the presidency as a result of welcoming the help of Russian active measures, the release of stolen DNC documents, breaking campaign finance law, in essence defrauding voters, making him an illegitimate president -- wouldn’t that also make the VP, the First Lady,... Read more »

Gary Kollin answered on Aug 22, 2019

Those are political questions, not legal questions

2 Answers | Asked in Criminal Law and Constitutional Law for California on

Q: Please help, I have a urgent question.

If you are in someone's apartment whom that individual is on probation and the police come to harass and search his place. And they bring a lab technician with them. Can the legally force me to submit to a blood test being that I'm not on probation or parole?

Mark Broughton answered on Aug 21, 2019

No, unless there is independent probable cause to believe that you are involved in criminal activity. Even then, you would have to be under arrest and/or give consent, or the officers obtain a warrant based upon probable cause to draw your blood.

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1 Answer | Asked in Civil Rights and Constitutional Law for California on

Q: Through documented police and prosecutors (State and Federal) misconduct I spend 10.5 years in a Pretrial incarceration

Do I file a civil complaint against the police officer, the Deputy District Attorney, the DA's office the Federal prosecutor, the US Justice department or all the above? Violations of my civil rights were confirmed by a US District judge in the criminal phase of my case. At the end all (State and... Read more »

Louis George Fazzi answered on Aug 21, 2019

You need to find a really good civil rights lawyer right away. If the case is a righteous one, most good civil rights firms should be interested. I'm not familiar with good civil rights lawyers in the Fresno area, so I suggest that you contact the Fresno County Bar Association and ask for their... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for California on

Q: does an inmate in prison have the right to remain silent and refuse to answer questions when interrogated?

Not really, it is just a scenario for research.

William Jaksa answered on Aug 9, 2019

Every person has the right to remain silent when accused of a crime. There are some very limited exceptions that I can think of that involve military personnel and those in a sensitive national security position; but generally speaking, a person always has the right to remain silent, even while in... Read more »

Q: Is there a lawyer that can help with age discrimination in the workplace?

Neil Pedersen answered on Aug 4, 2019

I am sure there is. Unfortunately this Q&A site is not the place to ask for an attorney to work for you. Rather you need to identify one or more attorneys who practice employment litigation and discuss your matter with them to see if they are willing to work on your case. I would suggest you... Read more »

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3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on

Q: Can I sue county for time spent in jail?

I did six months in jail for a charge. Went to trail the case was dropped and re filed. I was O.R. And fighting case on the outside. If they drop case again or are unable to convict, can I sue for time spent in jail?

Gary Kollin answered on Aug 3, 2019

Was there probable cause for your arrest? If so, then no

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1 Answer | Asked in Civil Rights, Constitutional Law and Municipal Law for California on

Q: Where can I find a pro bono attorney? My intentions is to file case against Hayward Police Department, Alameda County

Justice system( court houses) and All day towing. Is there any way that you guys can help me find a pro bono attorney that is willing to fight for me. I went to Legal Aid in Hayward courthouse and they told me they cannot help me because I have a big case my good call back number is I-10 246-9279 I... Read more »

Louis George Fazzi answered on Jul 30, 2019

Contact the County Bar Association in your county and ask for their lawyer referral service to request they refer you to a lawyer who can assist you with your case. You may not find someone to help you pro bono, but if you have a good case you won't have too much trouble finding a good lawyer to... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for California on

Q: What rights does a man have and actions can a man make when a woman has just given birth to his baby?

My brother recently found out he is a father of a newborn baby, who’s mother will not answer his calls or texts and she’s has left town with the baby. He cannot reach her or the baby. In The last, she has stated that my brother will have nothing to do with this baby, but we got a paternity test... Read more »

Louis George Fazzi answered on Jul 26, 2019

Sir, you need to ask this question of lawyers in the District of Columbia. I am not licensed to practice there, and am unfamiliar with the law relating to father's rights there. You asked this question of lawyers in California.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on

Q: out on bond was searched by police and they found nothing.they charged me for possession for something 30ft away

Someone had said that a jacket was mine and the police found a gun inside. What can i do

Dale S. Gribow answered on Jul 17, 2019

hire a lawyer or request a court appt'd lawyer.

somehow they have to tie you to the jacket...........eyewit, fingerprints on the gun etc

1 Answer | Asked in Civil Rights and Constitutional Law for California on

Q: What are my constitutional rights not to appear for deposition after receiving "ORDER" in form of deposition subpoena

Hello,

I received deposition subpoenas with ORDER to appear.

For last 26 months, I am leasing apartment that before I moved in was empty for 4 months.

Previous tenant is suing my landlord.

Previous tenant's attorney is dragging me in to this mess. I do not know... Read more »

Gary Kollin answered on Jul 2, 2019

Irrespective of anything else, the right to life, liberty and pursuit of happiness is in the Declaration of Independence, a non binding document, and not in the Constitution

1 Answer | Asked in Criminal Law, Family Law and Constitutional Law for California on

Q: Can a police officer take me to jail For calling them for to come help me?

My x spouse was out of state without my knowledge. My 15 wouldn’t answer my calls or texts, I went to my home to check on her, I found hard liquor empty bottles and passed out teens through out my home, she was locked in the master I opened to find her in underwear and a guy...she was cursing me... Read more »

Dale S. Gribow answered on Jun 28, 2019

More info needed.

i doubt if they will file against you and if they do your lawyer will probably get it dismissed.

either hire a lawyer now or ask for a public defender if you have to go to court.

maybe consider writing out a summary now while everything is fresh in your...
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1 Answer | Asked in Constitutional Law and Municipal Law for California on

Q: can person name another to act on their behalf in lawsuit due to age & health reasons?

Tim Akpinar answered on Jun 25, 2019

You really should discuss this with an attorney who practices in California. As a general matter, a power of attorney could enable a person to appoint another to act on their behalf in some settings, but a lawsuit is something that can personally involve a party, in terms of giving testimony,... Read more »

1 Answer | Asked in Business Formation, Business Law, Civil Rights and Constitutional Law for California on

Q: I'm trying to find out the laws for the manufacture and sale of nunchucks in San Diego, California

I would probably be selling them at street fairs or farmers markets if possible

Louis George Fazzi answered on Jun 24, 2019

I believe the right to manufacture and/or sell such items is strictly prohibited by state law in California. You will need to contact counsel in San Diego County to fully research the legality of the manufacturing or sale of such products before you undertake such an enterprise. Any law firm which... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for California on

Q: I live in CA. While I was at work animal control came to my house and took my dogs out of my backyard.

They left a tag on my door and on the tag it said I hadn’t given my dogs food or water in days. That was a lie. I feed them and gave them water before I went to work.

Gary Kollin answered on Jun 23, 2019

Thanks for venting as there is o question

1 Answer | Asked in Civil Rights and Constitutional Law for California on

Q: Can you file a lawsuit if you can prove that police put you with the wrong inmates and you were jumped

Louis George Fazzi answered on Jun 15, 2019

There are a whole slew of unanswered questions, and a lot of information missing, which would allow me to offer any kind of advice to you in this situation.

You should immediately contact a lawyer with experience in criminal defense work and civil rights to help you get the answers you seek.

1 Answer | Asked in Civil Rights and Constitutional Law for California on

Q: I filed a discrimination complaint with HUD May 24th 2018. HUD contacted me 11 months later.

I responded and told HUD that I had a phone interview with DFEH April 16th, 2019. I filed the same complaint with DFEH November 05th 2018. DFEH closed my case because DFEH stated they lack jurisdiction to proceed forward on my complaint because the last date of harm is out of statute at which DFEH... Read more »

Louis George Fazzi answered on Jun 14, 2019

In California you have one year from the date of the last act of discrimination to file your complaint with the DFEH. By your own admission, that complaint was filed November 5, 2018, which is it within The one-year timeframe for filing your complaint of discrimination. But you need to look at... Read more »

2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on

Q: Why wouldn't I be able to sue the government for forcing jury duty on myself and others?

Suing for emotional distress, physical ailments caused by distress, duress and asking for my medical records after denying my appeal.

Gary Kollin answered on Jun 5, 2019

Because the courts already ruled that you can't

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1 Answer | Asked in Criminal Law and Constitutional Law for California on

Q: I am new to this so I don’t know where to start.

Good morning, I have a family member fighting his case. I am new to this so I am not sure what to do first. He he has been incarcerated since 2003 for a case his brother and himself committed in Modesto Ca. He already served his time for that specific case which he received a strike as well. While... Read more »

Gary Kollin answered on May 21, 2019

While the time may have expired, he needs an attorney to see if any avenue if relief exists

2 Answers | Asked in Constitutional Law, Criminal Law and Federal Crimes for California on

Q: An ex employee, a maid, purloins the house key entrusted to her by her former employers.

She does not think they will mind if she enters their residence to borrow their lawnmower. She enters their property using the duplicate key while they are on vacation in order to borrow their lawnmower. She enters their home, removes the lawnmower, loads it into her truck, goes back into their... Read more »

Dale S. Gribow answered on May 17, 2019

more info needed.

not only can she be charged with burglary but assault with a deadly weapon if the facts warrant it.

was she working for them at the time and is NOW a former employee or was she a former employee BEFORE the incident.

her sentence will be influenced by a...
Read more »

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3 Answers | Asked in Constitutional Law, Consumer Law, Criminal Law and Legal Malpractice for California on

Q: Is it legal to negotiate a monetary settlement in exchange for not filing criminal misconduct of an attorney?

I believe negotiations of filing/not filing a complaint with the State Bar is not an option.....but is it legal to negotiate a settlement vs. reporting to law enforcement if that appears to be the only way to get financial compensation from being wronged?

And I am not just money hungry.... Read more »

Kenneth Sisco answered on May 16, 2019

I believe what you are suggesting is the essence of extortion, or blackmail, and you want to stay away from that. But all is not lost. For almost every crime there is a civil counterpart; just ask O.J. Simpson. As far as I know, there is no sanction for demanding compensation, or you will file... Read more »

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