Civil Rights Questions & Answers

Q: Can a police officer take your cell phone without a warrant and not give it back? The phone has pics to help my case.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Georgia on
Answered on Jun 17, 2018
Gary Kollin's answer
You should be discussing this with your criminal defense lawyer instead of an attorney on a blog who does not know all the facts and nuances
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Q: I have an open investigation with DFACS. My child's father has received paperwork for custody of my child. I didn

2 Answers | Asked in Family Law, Child Custody, Civil Rights and Libel & Slander for Georgia on
Answered on Jun 16, 2018
Ellaretha Coleman's answer
You will need to fight the dependency allegations to regain custody. You should consult with an experienced family law attorney as soon as possible.
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Q: I am currently homeless and someone impersonated a fake person with a fake charity claiming they are going’s to help me.

2 Answers | Asked in Libel & Slander, Personal Injury and Civil Rights for California on
Answered on Jun 16, 2018
William John Light's answer
Call the police. Impersonating a charity may be a crime, although the person may actually have been trying to help you. You don't have a lawsuit. You have not been injured or harmed.
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Q: Can i sue a tv company for taking an interview of me and changing the question afterwards so it makes me look bad?

1 Answer | Asked in Civil Rights, Communications Law and Small Claims on
Answered on Jun 16, 2018
Gary Kollin's answer
People can sue for anything. Do you have a contract? What did the contract or release say?

That is the starting point.
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Q: is is a violation of my 4th amendment if the police enter my home without cause

1 Answer | Asked in Civil Rights and Criminal Law for Illinois on
Answered on Jun 15, 2018
Gary Kollin's answer
Inform your insurance company.

Speak to a supervisor in police department

If they left the people in your home, that means they were there . So why would the police need to get property manager to let them in.

This is all very strange.

You may wish to hire an attorney
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Q: I had a criminal case that got dismissed. On a 704 unfit to proceed. On the day of my arrest a xxxii amount of money w

2 Answers | Asked in Criminal Law and Civil Rights for California on
Answered on Jun 13, 2018
Hayden Gifford Smith's answer
So here’s the scoop. They have to give you notice when they intend to steal your money by judicial process (called forfeiture but undeserving of a long name). When they do, or if they do, you have 30 days to respond appropriately. Otherwise they win by default. It seems to me these days there is a preference for sitting on seized cask rather than initiating a legal proceeding they might lose.

So, the first decision is how long to wait before accepting you’ll have to sue them. Few...
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Q: I'm of an advocate of an Oklahoma family who have had their children legally kidnapped please any advice welcome

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Oklahoma on
Answered on Jun 13, 2018
Pete David Louden's answer
What do you mean by "legally kidnapped?"
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Q: get changed for domestic relation but didn't own anything and sent to jail for it

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Answered on Jun 13, 2018
Cary B. Hall's answer
I'll admit that I have no idea what you're talking about. Are you saying you got sent to jail for failure to pay child support, but didn't have the ability to pay? Are you saying you got arrested after a domestic dispute that turned physical? Apologies in advance, but let's try this again. . .

If you'd like to discuss your case offsite, feel free to contact me directly.
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Q: Ex husband is narcissistic. Stalking my fiancé and threatening to call the cops when we’re at his place.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Virginia on
Answered on Jun 13, 2018
Gary Kollin's answer
Why doesn't your fiance file criminal charges or seek a restraining order?

Why would you be at his place?

Go to court in your divorce proceedings and get judicial involvement in child visitation.

Consult with a lawyer whether you may record the conversations since it is made openly with no expectation of privacy.
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Q: I left my laptop that I’m still making payments on at my ex’s House and he pawned it what can I do to get it back

1 Answer | Asked in Civil Rights for Colorado on
Answered on Jun 13, 2018
Gary Kollin's answer
Get the pawn ticket from him and buy it out of pawn before the time elapses.

Report it to the police as stolen. In Florida there are specific laws requiring the pawn shop to allow you to buy it out without the ticket.

I do not know the laws in Colorado. Nonetheless, I believe time is of the essence and you must take action now.

If it is near the expiration of the grace period, you may be able to pay the money to extend the time so the pawn shop does not confiscate it.
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Q: I am moving and I set up a garage sale that upon packing I have added more it was placed neatly on my yard and covered

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Minnesota on
Answered on Jun 12, 2018
Gary Kollin's answer
Look at the case of Carton v. City of St. Petersburg. I believe that will provide you guidance. Google
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Q: If a driver who is under arrest gives a cop consent to unlock his glove box and search it.

1 Answer | Asked in Criminal Law and Civil Rights for Louisiana on
Answered on Jun 12, 2018
Ellen Cronin Badeaux's answer
Yes if consent given then evidence admissable.
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Q: We are currently unable to pay the full amount of rent. However, the house is poorly maintained. What can be done?

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Child Support for Rhode Island on
Answered on Jun 11, 2018
Neville Bedford's answer
It may be time to look for: 1) a new, different, and better maintained residence/apartment and/ or 2) a second source of income and/or 3) an attorney to help you defend against a likely eviction case should your landlord decide to take you to court. Contact your local CAP agency for help with #1 https://publicportal.courts.ri.gov/PublicPortal/
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Q: PSP officer (5hrs away) pulled me over for crack in windshield. Can he from so far from his station & draw his weapon?

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Pennsylvania on
Answered on Jun 10, 2018
Cary B. Hall's answer
Yes, a PA State Police trooper can pull you over for violations of the Vehicle Code -- like a cracked windshield. They have jurisdiction to do so throughout the Commonwealth of Pennsylvania.

Drawing his weapon on you is a different story. I'm answering your question as a criminal defense attorney, and I've answered it. I'll leave the rest of your story to an attorney that practices civil rights litigation. Best of luck to you.
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Q: can probation and parole assist police officers in questioning & searching the home if no one is on probation or parole

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Answered on Jun 10, 2018
Timothy Denison's answer
If they didn’t have a search warrant and you didn’t give consent to enter and search, then you have an unlawful search and seizure.
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Q: Is gathering information about a homeowner from the owners neighbors to sell them products an invasion of privacy?

1 Answer | Asked in Business Law, Civil Rights and Personal Injury for Tennessee on
Answered on Jun 8, 2018
Mr. James Charles Wright's answer
I am not aware of any prohibition on this. If your neighbors know, then it is not private anyway. Not much that is truly private anymore.
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Q: This can go to the police record

1 Answer | Asked in Civil Rights for Nevada on
Answered on Jun 8, 2018
Gary Kollin's answer
Whatever you think. You did not ask a question
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Q: a small bag meth was found in my home and no arrest was made can the police come back to arrest me or file charges in ky

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Answered on Jun 8, 2018
Timothy Denison's answer
Yes. They can come back and arrest you.
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Q: Will shop lifting show on background if yes how can i make a payment or something make it not visible to employer?

1 Answer | Asked in Consumer Law, Civil Rights and Federal Crimes for Georgia on
Answered on Jun 8, 2018
Titus Thomas Nichols' answer
You should contact an attorney so they can properly counsel you on whether Record Expungement would be applicable.
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Q: i was arrest in DEC 2013 but don't know what were the charges correctly,Do I have to mention in citizenship application.

1 Answer | Asked in Criminal Law, Immigration Law and Civil Rights for North Carolina on
Answered on Jun 7, 2018
Carl Shusterman's answer
Yes, you must reveal your conviction on your N-400 application. You should order a certified copy of the record of conviction from the court where you were convicted. It does not sound like your conviction will negatively affect your application for naturalization.
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