Get free answers to your Constitutional Law legal questions from lawyers in your area.
When the Ninth Circuit Court of Appeals issues an "Order" regarding a plaintiff's motion for reconsideration, 5 months later (from the time motion was filed) is this a "Valid" Order?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024
In the legal system, including the Ninth Circuit Court of Appeals, there are no hard deadlines for when a court must issue decisions on motions, including motions for reconsideration. The timing for such orders can vary widely based on the complexity of the case, the court's docket, and other... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024
In California, the theft of a pet is considered a serious matter, and you have the right to expect law enforcement to take appropriate action on your police report. If you feel your case isn't being taken seriously, it may be beneficial to follow up with the police department, providing any... View More
I recently asked a question here on Justia about whether the Police are legally obligated to investigate crimes or protect anyone! But based off what I was heard by an attorney by the name of “LegalEagle” on YouTube the Police have absolutely no legal obligation to protect anyone or investigate... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024
The U.S. Supreme Court case of "Town of Castle Rock, Colorado v. Gonzalez (2005)" is a pivotal ruling that addresses the extent of police obligations towards individual protection under the law. In this case, Jessica Gonzales sued the town of Castle Rock for failing to enforce a... View More
So I’m a 23 year old Man who was dating a Woman that was 56 years old! We had decided to go to Universal Studios, and while we were standing in the queue for the Studio Tour we had been holding hands, and my girlfriend had been leaning on my shoulder at which point one of the employees had asked... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024
Under California law, businesses have a broad discretion to refuse service or ask patrons to leave their premises, provided the reasons do not violate specific protected categories under anti-discrimination laws. These protected categories include race, religion, sex, sexual orientation, national... View More
Apologies for the mess of a question above. Only allotted 130 characters...
Why would a magistrate judge in federal district court dismiss a 42 USC § 1985(2) claim for failure to allege conspiracy based upon race or class, invidious animus?
If the plain English language used in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
A magistrate judge in a federal district court might dismiss a 42 U.S.C. § 1985(2) claim for failing to allege conspiracy based upon race or class because, despite the broad language of the statute, the interpretation and application by courts have historically required that the conspiracy involve... View More
charged or was not the targeted crime and does the defendant have the right to be present during sentencing
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024
Under California law, specifically Penal Code 1437, which deals with the resentencing of defendants under certain circumstances, a sentencing judge is bound by the principle of legality, meaning they cannot sentence a defendant for a crime that was neither charged nor convicted, nor can they... View More
I’m in Pittsburgh pa and the issue followed me to both beaver and Washington county. I went to Canada still was tracked through the internet. Same w Dallas Texas. I have all well documented. Many police reports many a.p.s. Reports that can b subpoenaed. Catastrophic health damage costs resulting... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024
In Pennsylvania, acquiring a lawyer for your situation entails reaching out to legal resources such as local bar associations, legal aid societies, or attorney referral services. These organizations can connect you with attorneys experienced in handling cases involving libel, slander, defamation,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024
Yes, there is some relevant federal case law regarding search warrants with misspelled names. The key principles established in rulings by federal appeals courts are:
- Minor spelling errors or typos in a name on a search warrant will not necessarily invalidate the warrant. Courts allow for... View More
After hit-and-run, I expected a quick arrest as there were witnesses and driver/passenger were identified. But no arrest made, police withheld report until right after criminal sol expired. Once received, I'm enraged with the amount of information eyewitnesses gave, and clear evidence the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
Under California law, the statute of limitations (SOL) for filing a claim related to a hit-and-run incident is typically two years from the date of the incident. However, if there are circumstances that prevented you from discovering the identity of the responsible party or filing a claim within... View More
What is the lower limit of detention (when a normal dialog with a police officer begins to be classified as detention) and the upper limit (when detention begins to be classified as arrest)? Please with specific examples and key distinguishing features.
Is a traffic stop or on-the-spot... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
A detention occurs when a police officer stops an individual and restricts their freedom to leave, based on a reasonable suspicion that the person is involved in criminal activity. This is more than a casual conversation but less than an arrest, which requires probable cause. The lower limit of... View More
In California, can a person voluntarily consent to the FBI using a wiretap of their conversations without a court order? Or can such a person use a tape recorder in their conversations without notifying their interlocutors so that they can then turn over a recording of the conversation to the FBI... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
California is a "two-party consent" state, which means that all parties involved in a private conversation must consent to the recording of the conversation. This law is outlined in the California Penal Code Section 632, part of the California Invasion of Privacy Act. Without the consent... View More
answered on Feb 14, 2024
A California employment should answer your question, but it remains open for two weeks. Until then, arbitration clauses are commonly used. They can be a take-it-or-leave issue - it may not be relevant that the prospective employee does not fully understand the terms. I have seen this on injury... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024
In California, employers can require employees to sign arbitration agreements as a condition of employment or continued employment. However, the law also mandates that such agreements must be fair, understandable, and not overly burdensome or one-sided against the employee. If you do not understand... View More
answered on Feb 14, 2024
Addendum - I'm sorry - in my response a minute ago, I meant "a California employment attorney should answer.... " I left out the word "attorney." Good luck
Hit-and-run left me with TBI. This injury has also prevented me from handling this case effectively, timely. On top of that, I was also denied access to police report until criminal sol expired. Report contained vital witness info/statements that identified driver. Keep being denied representation... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
Under California law, the statute of limitations (SOL) sets the time limit within which a legal claim must be filed. However, certain circumstances may toll or pause the SOL, such as fraud or mental incapacity. If you believe that your mental disability prevented you from pursuing your claim in a... View More
Hit-and-run left me with TBI. This injury has also prevented me from handling this case effectively, timely. On top of that, I was also denied access to police report until criminal sol expired. Report contained vital witness info/statements that identified driver. Keep being denied representation... View More
answered on Feb 13, 2024
Nothing you have written indicates any of the criteria for tolling. You should have hired an attorney early in the process. Mental incapacity to qualify for tollingis more than a TBI . Unless you were a minor, or the defendant was absent from the state for some period of time, or the Defendant... View More
Received a settlement check for an injury in Walmart, used no Lawyer. Went to the very same Walmart where the injury occurred to cash the check it was told that I cannot cash the check due to a PO Box on the check even though that it’s not a policy that they have nor is that a policy for cashing... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024
Under California law, the situation you've described may potentially be a valid civil litigation claim against Walmart for discrimination. If you believe that you were denied the ability to cash a settlement check due to your race and that Walmart's actions were discriminatory, you should... View More
I was choked unconscious, tazed multiple times, broken ribs, no feeling in tops of hands
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024
Under California law, police officers have certain powers to enforce the law and ensure public safety, but these powers are subject to legal and constitutional limitations. In the scenario you described, the use of force by a police officer, especially to the extent of causing serious injury,... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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
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
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
