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California Constitutional Law Questions & Answers
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.

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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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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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?
James L. Arrasmith
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answered on Jan 4, 2024

Under California law, if your son has experienced emotional abuse at school, you have the right to take action. Emotional abuse by a teacher is a serious matter, and schools have a duty to ensure a safe and supportive environment for their students.

The first step would be to document the...
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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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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 11, 2024

Addendum - Whether or not attorneys determine you might have the basis for a claim, it would be advisable to learn sooner than later whether there are any notice of claim provisions that apply - in other words, short filing deadlines. I hope your son is okay. Good luck

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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: 23 year old son denied handgun purchase in CA, by DOJ. Stated reason is “mental defect”

Son placed on 5150 hold as a minor. Held in facility for <48 hours for typical teenage defiance

Issues and alcohol consumption. No problems

Since. 11/2018 incident and it’s now >5 years since 5150. Regs state eligible to purchase after 5 years. Are DOJ records updated... View More

James L. Arrasmith
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answered on Jan 4, 2024

In California, being placed on a 5150 hold can impact the right to purchase a firearm. However, as you mentioned, this restriction typically lasts for five years. Since it's been over five years since your son's 5150 hold, he should generally be eligible to purchase a handgun, barring any... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Is a sks with detachable magazine and a bayonet llegal in ca
James L. Arrasmith
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answered on Jan 4, 2024

Under California law, the legality of a SKS rifle with a detachable magazine and a bayonet largely depends on specific features and compliance with the state's assault weapons regulations. California has stringent laws regarding assault weapons, which could impact the legality of such a... View More

1 Answer | Asked in Constitutional Law and Landlord - Tenant for California on
Q: In Los Angeles county are landlords required to have ADA compliant windows for disabled tenants?
James L. Arrasmith
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answered on Dec 31, 2023

In Los Angeles County, as in other parts of California and the United States, landlords are generally required to comply with the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) regarding accommodations for tenants with disabilities. However, the specific requirement for... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Is it legal for my 5 year old to have been used by police in a kidnapping scheme to arrest me for alleged robbery?

An illegal siezure on my home resulted in the removal of my animals from my start-up animal sanctuary. I went to retrieve my animal family and was accused of all sorts of things from assault to robbery, of which none of those things really happened. I found my kittens in the back of a open truck,... View More

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answered on Dec 26, 2023

In California, as in all states, the legal system aims to protect the rights of individuals, including during law enforcement operations. Using a minor, especially in a potentially dangerous situation like the one described, raises serious legal and ethical questions.

First and foremost,...
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1 Answer | Asked in Civil Rights, Constitutional Law and Juvenile Law for California on
Q: I’m a mom of a 12y old someone said,”i want to kiss your daughter” can I call the police on him, is he getting arrested?

How about trying to force her to drink beer, he didn’t get to do it, but I want to know if I can call the police on him, and want to know what would happen if I did

James L. Arrasmith
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answered on Dec 24, 2023

Under California law, expressing a desire to kiss a minor, especially in a context that seems threatening or inappropriate, can be cause for concern. While it may not always constitute a crime in itself, it could be considered part of a pattern of concerning behavior. You have the right to report... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for California on
Q: I have a variety of civil rights violations pertaining to two cases. Would anyone help substantiate my strategy research

in 6 years I have had about 19 felony charges filed against me. I have several ongoing court hearings for Criminal, Family law, and Juvenille depency. No evidence has been submitted to any charge made and yet my child was taken away from me. Judge makes inappropriate comments and actions ranging... View More

James L. Arrasmith
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answered on Dec 23, 2023

In California, navigating through complex legal issues like yours, involving criminal, family law, and juvenile dependency, can be incredibly challenging and stressful. When facing a multitude of charges without evidence being presented, it raises serious concerns about the legal process and your... View More

1 Answer | Asked in Civil Rights, Criminal Law and Constitutional Law for California on
Q: Do police need a warrant to do a undercover buy of illegal firearms?
James L. Arrasmith
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answered on Dec 22, 2023

In the United States, the legal requirements for police to conduct an undercover operation, such as purchasing illegal firearms, can vary depending on the specific circumstances and jurisdiction. Generally, law enforcement officers do not always require a warrant to engage in undercover operations,... View More

2 Answers | Asked in Contracts, Criminal Law, Constitutional Law and Gov & Administrative Law for California on
Q: Can experts determine if signature was forged with 100% confidence ?

If answer to question is yes - what methods needed to ensure 100% precision of the expertise?

James L. Arrasmith
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answered on Dec 21, 2023

Determining if a signature was forged is a complex process, and experts often hesitate to declare with 100% confidence that a signature is authentic or forged. The analysis involves a detailed examination of the questioned signature against known authentic signatures, considering factors like... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: How do I obtain access to the bodycam footage from my arrest? Do I have to have a lawyer request it?

I have reason to believe my rights were violated during this incident and I would like to review the footage and decide if I should proceed with a lawyer. Can only lawyers get a subpoena to view evidence?

James L. Arrasmith
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answered on Dec 6, 2023

In California, you have the right to request access to the bodycam footage from your arrest. You do not necessarily need a lawyer to make this request. Individuals can request public records, including police bodycam footage, under the California Public Records Act (CPRA).

To obtain the...
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1 Answer | Asked in Traffic Tickets and Constitutional Law for California on
Q: California Motor Vehicle Code 260 states that private automobiles not in commerce are immune to registration fees.

Ex parte Milligan 71 U.S. 2 (1866) section 98 was a Supreme Court ruling that we have a right to travel.

So why is it that lawyers and cops are violating our unalienable rights, like we don't have them? I'm sure this question will get ignored. But I would like an answer. I'm... View More

James L. Arrasmith
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answered on Dec 4, 2023

Understanding the legal framework around vehicle registration and the right to travel can be complex, and it's clear you're seeking a thorough explanation.

First, regarding California Motor Vehicle Code 260, this law defines what constitutes a commercial vehicle versus a private...
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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: Does Google follow up with law enforcement after an emergency disclosure request?

In general law enforcement are not legally required to notify the Google or the subscriber after an emergency disclosure request. Google in its website says that it will notify the affected user if it learns that the emergency has passed. Does it mean that Google follows up with law enforcement or... View More

James L. Arrasmith
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answered on Nov 28, 2023

When Google receives an emergency disclosure request from law enforcement, they are not typically obligated to follow up with the agency to learn about the outcome of the emergency. This is because emergency disclosure requests are exceptional circumstances where immediate access to information is... View More

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