Civil Rights Questions & Answers

Q: My car was parked on private property in a parking lot off the main road, some people were fishing on this man's propert

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Criminal Law for Georgia on
Answered on May 28, 2017

It does not seem that he is trying to extort anything from you. He simply was getting payback for you trespassing.

Do not talk to police without an attorney. The police can possibly charge you with drug possession, under a theory of constructive possession. But, if you TELL them is was your weed, they have a stronger case against you.

Even if it is a public defender, get a lawyer ASAP.
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Q: Where can I turn for real help with an out of control 12 year old when the police wont help?

2 Answers | Asked in Civil Rights, Family Law, Juvenile Law and Patents for Massachusetts on
Answered on May 27, 2017

Perhaps therapy is the answer. You and your husband may start with a therapist to learn how to deal with this. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: What is the appropriate Court for a constitutional challenge to a NY statute?

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Answered on May 26, 2017

A Federal District Court located in NY, preferably closest to where the harm / injury / or violation occurred.
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Q: My daughter is 18 and causing all kinds of trouble for me . Can I legally ask her to leave the house?

1 Answer | Asked in Civil Rights, Juvenile Law, Landlord - Tenant and Family Law for Florida on
Answered on May 24, 2017

Yes, she's an adult; so you can ask her to leave.
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Q: Father was murdered while in custody in Missouri prison can they be sued for negligence and harassment from the guards?

1 Answer | Asked in Wrongful Death, Criminal Law and Civil Rights for Missouri on
Answered on May 23, 2017

Contact the Missouri Civil Liberties Union, ask for the names of "cooperating attorneys" for prison cases. They'll give you a free consult.
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Q: Is it possible to sue the city for unsafe street if got involved in a drive by shooting and got injured in LA county?

2 Answers | Asked in Criminal Law, Civil Rights and Personal Injury for California on
Answered on May 22, 2017

Insufficient information. You need to discuss all the facts, dates, times and locations, what happened, and how you were injured. You need to provide a chronology of events explaining what happened. Then and only then can I provide you competent advice.
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Q: Is it okay for multiple police officers to hold 4 minors at gunpoint? (Details included)

1 Answer | Asked in Civil Rights for California on
Answered on May 22, 2017

Need more details to properly answer this question. Best practice is to contact a local attorney with expertise in criminal defense matters. You can usually get a first consultation for free.
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Q: Seeking legal advice on how to protect myself. Got involved with a woman at work and she is threatening to "get revenge"

2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Libel & Slander for California on
Answered on May 22, 2017

You may want to talk to either your supervisor or someone in HR to explain the situation and to advise that you are now being harassed. You need to consult with someone at work in whom you feel comfortable confiding. But you also need to protect yourself with human resources. Honesty is the best policy. You need to get right both at home and at work. Now you know why work relationships are discouraged.
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Q: I'm 15 same with my gf but her dad has legal custody of her and dont like me but the rest of the family approves

1 Answer | Asked in Family Law, Civil Rights, Criminal Law and Juvenile Law for New York on
Answered on May 22, 2017

Sex with a minor is illegal. The parents may prevent the relationship. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
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Q: I am 18 and my parents dont want me with my boyfriend can they kick me out?

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Landlord - Tenant for California on
Answered on May 22, 2017

You might indeed be evicted from the home via court proceedings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: I'm 20 years old and my boyfriend is 19 I want to move in with him and he wants the same thing he lives with his mom

1 Answer | Asked in Family Law, Civil Rights and Criminal Law for North Carolina on
Answered on May 22, 2017

This really ought to be common sense for you but if mom owns or is otherwise in control of the house (ie via a lease) and mom said no - that's pretty much all you need to know. Be respectful and let that be the end of it. Even if boyfriend does have some legal right to allow you to live there over mom's objection - you shouldn't, Now if you talk to mom and convince her to give it a try - that's a different story but to basically 'force your way in' over her objection is trashy and classless....
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Q: My son got bit by my roommates dog and we got animal services involved and they opened a case but

1 Answer | Asked in Animal / Dog Law, Family Law and Civil Rights for California on
Answered on May 22, 2017

Without knowing the specific details of you matter, if your son isn't in the presence of the dog, then there should be no reason for CPS to be involved, assuming that is the only reason that CPS was threatened in the first place.
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Q: Apartment tenant wants to call cops and sue me for smoking outside the apartment.

1 Answer | Asked in Real Estate Law, Civil Rights, Small Claims and Landlord - Tenant for New Jersey on
Answered on May 20, 2017

Probably can't sue you and win much money, but call cops yes, and some towns have ordinances in which you cannot smoke within 50 or 100 feet of any building.
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Q: If your in a place that is being raided for a search&sezure can the officers actually cavitysearch you in the house

1 Answer | Asked in Civil Rights and Constitutional Law for Connecticut on
Answered on May 20, 2017

A cavity search is highly intrusive, and would generally need to be justified by a warrant.
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Q: I have been in the military for 20 years got a misdemeanor cdv in 1994 and it was pardoned in 2003 due to going to Iraq.

1 Answer | Asked in Military Law, Civil Rights and Criminal Law for South Carolina on
Answered on May 20, 2017

The Pardon wipes away your conviction and you should be fine to have a concealed permit. I would recommend that you keep copies of your pardon paperwork in multiple places in the event it becomes an issue as to whether or not you have had your rights restored.
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Q: a relative went to psychiatrist in FL. She decided to admit him to the hospital. does he have any rights to be released?

1 Answer | Asked in Civil Litigation, Civil Rights, Health Care Law and Medical Malpractice for Florida on
Answered on May 19, 2017

There must be some fear on the part of the Psychiatrist that the person is a danger to himself or others. You may want to speak with a guardianship attorney in your area, or rather where your relative is in the facility to determine what the next step might be. the attorney might be able to find out more details from the facility.
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Q: Is it possible to sue an employer in Maryland?

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Maryland on
Answered on May 17, 2017

Generally, employment is "at will" in the state of Maryland, i.e., at the will of the employer or at the will of the employee. You may have a breach of contract if you can show that you and the employer made a contract for employment and the employer breached that contract by dismissing you. You would have to have evidence that there was a contract (oral or written agreement between the parties), there was consideration (money or promises exchanged), and the employer breached the contract and...
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Q: Hello,I am in Brookings, OR.

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Oregon on
Answered on May 17, 2017

Sure - contact a local landlord-tenant attorney or the Fair Housing Council or a local tenant's rights organization BUT be sure you can prove your allegations if you want to keep your credibility - and credibility is EVERYTHING in court, if it comes to that. Good luck.
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Q: I was arrested and brought to jail for a warrant I had already been to court and bailed out on! What can I do about it?

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Answered on May 17, 2017

Do you know whether the court cancelled the warrant? That is usually the case, of course. You should check the court file to make sure that the warrant was properly cancelled. If so, the arrest would be clearly unlawful--as opposed to accident because the clerk's office made a mistake. You may sue for an unlawful arrest.
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Q: What type of lawyer should I be looking for if my children were Asulted by a school cop on school grounds

2 Answers | Asked in Civil Rights, Criminal Law, Education Law and Personal Injury for California on
Answered on May 16, 2017

An Education Lawyer such as myself is what you need.

See: http://www.aeesq.com/education-lawyer/bullying-school-injuries-civil-lawsuits/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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