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California Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can a police department withhold an incident/ police report number? Not a copy.. literally just the report number?

I’m trying to get an incident by three support number and I requested it directly with the department via email on 19 December and at 11 PM on the 25th I received a response stating

PD is unable to release the requested information/report to you as a matter related to victim is subject... View More

James L. Arrasmith
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answered on Jan 27, 2024

Under California law, police departments generally provide incident or police report numbers upon request. However, in specific situations, they may withhold even the report number if releasing it could compromise an ongoing investigation or endanger victims or witnesses.

The exemptions...
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3 Answers | Asked in Constitutional Law, Employment Discrimination and Employment Law for California on
Q: Can my employer separate my employment stating Job Abandonment yet not once did I receive a phone call from them?

I am on a medical leave that was forced on me by employer stating they were unable to make the accommodations that were written by my Doctor. I recieved an email today and just saw the email this evening -1/25/24 11:00 am and saw it at 9:00 pm - It was an email with a “Notice of Letter of Intent... View More

James L. Arrasmith
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answered on Jan 26, 2024

In California, the legality of your employer's action in declaring job abandonment depends on several factors, including the communication process and the nature of your medical leave. If you were on a medically approved leave and your employer was aware of your situation, including your... View More

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3 Answers | Asked in Constitutional Law, Employment Discrimination and Employment Law for California on
Q: Can my employer separate my employment stating Job Abandonment yet not once did I receive a phone call from them?

I am on a medical leave that was forced on me by employer stating they were unable to make the accommodations that were written by my Doctor. I recieved an email today and just saw the email this evening -1/25/24 11:00 am and saw it at 9:00 pm - It was an email with a “Notice of Letter of Intent... View More

Maya L. Serkova
Maya L. Serkova
answered on Jan 26, 2024

I am sorry this happened to you. Under Fair Employment and Housing Act your employer has obligations to engage in the timely good faith interactive process and to provide a reasonable accommodation unless it poses an undue burden on the employer. It is unlawful to terminate an employee in... View More

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3 Answers | Asked in Constitutional Law, Employment Discrimination and Employment Law for California on
Q: Can my employer separate my employment stating Job Abandonment yet not once did I receive a phone call from them?

I am on a medical leave that was forced on me by employer stating they were unable to make the accommodations that were written by my Doctor. I recieved an email today and just saw the email this evening -1/25/24 11:00 am and saw it at 9:00 pm - It was an email with a “Notice of Letter of Intent... View More

Neil Pedersen
Neil Pedersen
answered on Jan 26, 2024

In California you are considered to be employed on an at will basis unless you have an agreement to the contrary with your employer. The employer of an at will employee can terminate you for any reason or no reason at all. One exception to this general rule is if the employer acted the way it did... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can the city of riverside California Violate my constitutional rights on freedom of religion

I was cited for playing Christmas music on my trumpet at Christmas time Thursday thru Sunday on main st in riverside.

James L. Arrasmith
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answered on Jan 25, 2024

In the United States, the Constitution protects the freedom of religion, but this right can be subject to certain limitations, especially when it intersects with public policy and local laws. If you were cited in Riverside, California, for playing Christmas music on your trumpet, it's... View More

2 Answers | Asked in Criminal Law, Family Law, Personal Injury, Constitutional Law and Child Custody for California on
Q: what should i do if i can show proof of falsified information in a report in order to remove my children from my care?

i have as well found documented evidence of my signature forged in order to forward my mail to a address not of my own and in doing so i never was sent reports written out by social worker and supervisor and the only place this address was showing up was on the cps filed court documents that i... View More

Padideh Seyed Jafari
Padideh Seyed Jafari
answered on Jan 25, 2024

If you have evidence of falsified information in a report that led to your children being removed from your care, and evidence of your signature being forged for mail redirection, it's crucial to take immediate and organized legal action. Here are the steps you should consider:... View More

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2 Answers | Asked in Criminal Law, Family Law, Personal Injury, Constitutional Law and Child Custody for California on
Q: what should i do if i can show proof of falsified information in a report in order to remove my children from my care?

i have as well found documented evidence of my signature forged in order to forward my mail to a address not of my own and in doing so i never was sent reports written out by social worker and supervisor and the only place this address was showing up was on the cps filed court documents that i... View More

James L. Arrasmith
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answered on Jan 25, 2024

If you have evidence of falsified information in reports and your signature being forged, it’s crucial to take immediate legal action. First, gather all your evidence, including the forged documents, the recordings, and any other relevant materials that support your claims.

You should...
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3 Answers | Asked in Bankruptcy, Criminal Law and Constitutional Law for California on
Q: After a warrant is issued, is there a time window where they are supposed to get you in front of a judge.

I've had a warrant for over a year. And they've never once have attempted to come to my residence to arrest me

Robert P. Taylor
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answered on Jan 22, 2024

Since your question is under the bankruptcy category I'm going to assume you got a warrant for failing to appear ready judgment debtor exam. If that's the case they generally don't come get you. But the warrant remains outstanding and if you ever get pulled over for a ticket,... View More

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3 Answers | Asked in Bankruptcy, Criminal Law and Constitutional Law for California on
Q: After a warrant is issued, is there a time window where they are supposed to get you in front of a judge.

I've had a warrant for over a year. And they've never once have attempted to come to my residence to arrest me

James L. Arrasmith
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answered on Jan 22, 2024

Under California law, once an arrest warrant is issued, there is no specific time frame within which law enforcement must execute the warrant and bring you before a judge. However, once you are arrested on the warrant, the law does require that you be brought before a court without unnecessary... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for California on
Q: do I need a cww permit in california to exercise my 2nd amendment and 14th amendment? my civil rights feel violated?

U.S. Supreme Court ruled 6–3 that "the Second and Fourteenth Amendments protect an individual's right to carry a handgun for self-defense outside the home. United States Supreme Court in New York State Rifle & Pistol Association, Inc. v. Bruen, possession of a concealed firearm and... View More

James L. Arrasmith
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answered on Jan 22, 2024

In California, despite the ruling in New York State Rifle & Pistol Association, Inc. v. Bruen by the U.S. Supreme Court, which emphasized the right to carry a handgun for self-defense outside the home, the state still requires individuals to obtain a concealed carry weapon (CCW) permit to... View More

1 Answer | Asked in Employment Law, Immigration Law, Civil Rights and Constitutional Law for California on
Q: How to fix or update my status.

I came here in US 1993 from Bangladesh with student visa never finished college. From 1993 to 2023 lived in Minnesota. Got married in 2005 ( living together since 2001 ) , bought house in Minnesota. Have a daughter who was born in 2005 currently UCSD student now. My wife and daughter both born US... View More

James L. Arrasmith
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answered on Jan 21, 2024

To address your immigration status, it's important to take several steps. First, consider applying for a replacement of your lost passport through the Bangladeshi embassy or consulate. This is a crucial step in establishing your identity and nationality.

Next, you should try to...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: What to do if police officer performed an Illegal Search and Seizure that lead to a criminal charge

How can I find a pro Bono in California that will take my case. And not a public defender

James L. Arrasmith
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answered on Jan 19, 2024

If you believe a police officer conducted an illegal search and seizure that led to criminal charges against you, it's important to address this matter promptly. You should consider contacting an attorney who can evaluate the specifics of your case and guide you on how to challenge the search... View More

1 Answer | Asked in Civil Litigation and Constitutional Law for California on
Q: filed restraining order against my neighbor twice. Both times denied have proof of harassment. What should I do?

I filed a restraining order against her. Out of retaliation she files one, lied with no proof and the judge granted hers. I have proof of harassment the judge still denied my petition for a temporary restraining order until my court date. She is getting evicted I need protection for when she moves.

James L. Arrasmith
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answered on Jan 18, 2024

In California, if your request for a restraining order has been denied twice despite having proof of harassment, you might need to reconsider how the evidence is presented. It's important that the evidence clearly demonstrates a pattern of harassment or threats to your safety. Documentation,... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Federal Crimes for California on
Q: In California, do I have to open the door for my probation officer, who knocks legally, is it a violation of the law not

Or can I say I wasn't home?

James L. Arrasmith
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answered on Jan 18, 2024

In California, as a person on probation, there are specific conditions you need to adhere to, which often include allowing your probation officer to conduct home visits. If your probation officer knocks on your door legally, typically, you are required to allow them access. This is usually a part... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: This question is a Civil Law Question for the State of California. ABOUT RESTRAINING ORDER

Is a restraining order "Valid" if the "defendant" Did "NOT" get Served NOR get Notice of the hearing UNTIL "9" months After the hearing? Is it valid without Notice Requirements and Hearing/opportunity to be heard requirements BEFORE the judge?

James L. Arrasmith
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answered on Jan 15, 2024

Under California law, for a restraining order to be valid, the defendant must be properly served with notice of the hearing. This notice is crucial as it provides the defendant with an opportunity to be heard and to present their side of the case. Without proper service of notice, a restraining... View More

2 Answers | Asked in Civil Rights, Communications Law and Constitutional Law for California on
Q: I'm homeless and my car I live in was towed

My registration is expired at less then 6 months, all the cars around me that other people live in are expired by years and not towed. I was parked.

James L. Arrasmith
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answered on Jan 10, 2024

I'm sorry to hear about your situation. It's important to understand that, even if your vehicle's registration is expired, there are legal protections in place. First, check the local towing laws and ordinances in your area, as they can vary and might provide specific guidance on... View More

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2 Answers | Asked in Civil Rights, Communications Law and Constitutional Law for California on
Q: I'm homeless and my car I live in was towed

My registration is expired at less then 6 months, all the cars around me that other people live in are expired by years and not towed. I was parked.

T. Augustus Claus
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answered on Jan 10, 2024

If your car, which you use as a residence, has been towed and you are experiencing homelessness, it's crucial to understand that the towing and impounding of vehicles are typically carried out by local authorities based on various factors, including registration status and local regulations.... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: What legal help is available for Targeted Individuals being harrassed in their neighborhoods and communities?

I'm from California being electronically monitored, followed and harrassed by neighbors, community and relatives.

James L. Arrasmith
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answered on Jan 10, 2024

If you believe you are being unlawfully monitored and harassed in California, there are several legal avenues you can explore. Firstly, consider filing a police report, especially if you have evidence of stalking or harassment. California law takes such matters seriously, and law enforcement can... View More

Q: Filing DPA complaint against a police officer/police department/city or state vs filing an administrative tort claim

What is the statute of limitations for each? What charges i.e., criminal vs civil can be filed through each, and what is the dollar limit for each? Can I request investigation details and use garnered information as evidence for alternate or separate litigation?

James L. Arrasmith
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answered on Jan 5, 2024

In California, the statute of limitations for filing a complaint against a police officer or department, typically under the Department of Police Accountability (DPA), is usually within a specific timeframe from the incident's occurrence. This timeframe can vary but is often around six months... View More

Q: Hi my son is a 5th grade student of Modesto. He's been emotionally abused by his teacher. Can I file a law suit?
Tim Akpinar
Tim Akpinar
answered on Jan 10, 2024

It could depend on the nature of the abuse, severity of the abuse, resulting damages, the quality of evidence supporting the accusations and the damages, and other factors. A starting point could be to try to arrange a free initial consult with an attorney to discuss in further detail. Good luck

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