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1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: If I’m a non violent, first time felon for drug transportation in Az. Do I need to restore my rights or not?

Sentenced 2017 December 6th to a felony for conspiracy to transport drugs. Non-dangerous, non-repetitive, non-violent offense. I was released on 11/04/2020 and finished Parol in 10/04/2021. I heard that since It was my only offense Ever and it was non dangerous, non violent, non repetitive that I... View More

Zalman  Sapad
Zalman Sapad
answered on Dec 16, 2024

If the charge was out of Arizona, you are correct, and have your automatic restoration of rights under ARS 13-907. You have to make sure the following requirements were met:

1. Non-dangerous offense, defined in ARS 13-704

2. Non-serious offense, defined in ARS 13-706

3. 1st...
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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: My exboyfriend wont give me my keys to my car could I call pop a lock to make a key if I have the title in my name

The car is next door at his neighbors house

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2024

I assume you mean that you not only wish to change the vehicle lock, but you also wish to take exclusive possession of the vehicle. Whether you can lawfully do that depends on the facts surrounding the vehicle not currently being in your possession, and you did not provide any of those facts here.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Florida on
Q: For the USA Constitution 9th Amendment, it should allow an individual person the right to privacy if possible?

Privacy If Possible as an individual right is not mentioned in the other amendments. All aspects of privacy should be mentioned as a way to allow an individual person to choose who or what to associate with. The first amendment addresses consent to join a group or organization. I am wondering if... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 10, 2024

Are you asking just an academic question, or you have a real-life situation that you need assistance with? If it's the latter, you'd need to provide some factual context to obtain any meaningful information. As a purely academic matter, it is the First Amendment that provides freedom of... View More

1 Answer | Asked in Civil Rights and Consumer Law for Texas on
Q: Basis for Jurisdiction Is a Federal Question do violations of Manufactured Housing Standard Act and DTPA go there?
John Michael Frick
John Michael Frick
answered on Dec 10, 2024

The "National Manufactured Housing Construction and Safety Standards Act of 1974" is a federal act so questions concerning its interpretation and enforcement likely give rise to federal question jurisdiction. But, be aware that the Act contains a lot of provisions that are enforceable... View More

1 Answer | Asked in Criminal Law and Civil Rights for South Dakota on
Q: if i turned my vehicle in as stolen and then was arrested I5 days later after it was found and searched for pcs

I turned my vehicle in as stolen, although i did know who took it i had not given them permission to take it and they took it while i was sleeping. After 5 days of being missing, it was located right where i told them it would be and it was towed back to my town and searched without them even... View More

Adam Bryson
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answered on Dec 9, 2024

The answer to your question depends greatly on the specific facts of your case. I would recommend retaining an attorney who can obtain the discovery and review the law enforcement reports to see how law enforcement determined there was probable cause to arrest your for this. Often times law... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: OK my son was indicted on a seven count indictment how should indictment with two party's be worded

The indictment is word as is are charged as party and party to the crime but does not say which is which is this flawed

Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

The specific language used in the indictment is very important. Flaws within the indictment can significantly impact the outcome of the case. For example, if challenged and the indictment fails to properly allege the crime, the entire case must be thrown out regardless of the evidence. Depending on... View More

2 Answers | Asked in Family Law, Adoption, Child Custody and Civil Rights for Nevada on
Q: If you were me what would you do?

How can I challenge the legality of the adoption of my son?

Which was finalized in Washoe County without proper notice or due process, despite my role as his primary caregiver?

How can I seek to vacate the adoption order based on procedural irregularities, fraud, and... View More

Philip Spradling
Philip Spradling
answered on Dec 8, 2024

Before an adoption there is usually a Termination of Parental Rights (TPR) of the existing parent(s). Very likely what you are seeking to do is reverse the TPR order. How you would do this depends on the circumstances. If you were unaware of the hearing and did not attend, or there was a reason... View More

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2 Answers | Asked in Family Law, Adoption, Child Custody and Civil Rights for Nevada on
Q: If you were me what would you do?

How can I challenge the legality of the adoption of my son?

Which was finalized in Washoe County without proper notice or due process, despite my role as his primary caregiver?

How can I seek to vacate the adoption order based on procedural irregularities, fraud, and... View More

Jennifer Setters
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answered on Dec 9, 2024

Legal issues surround challenging the legitimacy of your son's adoption particularly in light of allegations of fraud, deception, lack of appropriate notice, and violations of due process rights. To properly negotiate this process, one need speak with a Nevada family law attorney versed in... View More

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2 Answers | Asked in Estate Planning, Civil Rights, Elder Law and Energy, Oil and Gas for Texas on
Q: Can my husbands estate be distributed without letting me know? The company has been in touch with me for other things.

I have a feeling my late husbands estate information is deliberately being kept from me, I didn't think so at first now I do, not any of my letters or telephone calls been answered, I wrote to the Insperity Holdings, the HR company that was used at the time my husband was alive letting them... View More

John Michael Frick
John Michael Frick
answered on Dec 5, 2024

As a spouse, you are an heir entitled to notice of the probate of your husband's estate. Usually, you would be the person requesting the court to appoint you as executrix or as the administrator of your husband's estate, and you would be the one giving notice to his other heirs. You... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: How to find out why oneself is in Law Enforcement Information Network?

How does one find out if the information about them in Law Enforcement Information Network (LEIN) is accurate?

Brent T. Geers
Brent T. Geers
answered on Dec 5, 2024

There is no way to publicly review it. LEIN gets its information from courts and other law enforcement agencies. IF there is an inaccurate entry, it must be corrected in the court reporting it.

Think of it like a credit report: Just like Equifax or whichever credit reporting agency...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Texas on
Q: my spouse in which I’m divorcing has committed defamation and slander and perjury and under oath

I am in the end of my divorce and child custody case. my spouse has committed perjury by informing the judge of false accusations regarding myself trying to commit suicide. He committed perjury by advising the judge that he has ever taken care of the children. At any time he committed perjury by... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

Statements made in judicial proceedings including divorce actions are absolutely privileged and cannot provide the basis for claims of defamation or slander.

Perjury is a crime which can be reported to law enforcement. It will be up to police and to the district attorney whether the State...
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1 Answer | Asked in Civil Rights and Medical Malpractice for Michigan on
Q: Where can I escalate a claim against my primary physician who violated MCL 750. 492a. Bureau of Licensing refuses action

I brought this complaint to the bureau my primary said I had a brain tumor two times and my neurosurgeon clearly states I never had one but the bureau refuses to take any action

Robert S. Iwrey
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Robert S. Iwrey
answered on Dec 3, 2024

MCL 750.492a pertains to placing misleading or inaccurate information in medical records or chart. Subsection (4) provides that violation of this statute does not give rise to a civil cause of action for damages. However, if LARA BPL has chosen not to take action, you may try reaching out to the... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: In order to be charged with resisting arrest, wouldn’t you need to be under arrested and not detained?

Basically you get pulled over, and refuse to exit the vehicle until they called a Sargent, get ripped out of the vehicle then let go with a traffic ticket. Then 2 weeks later get picked up on a warrant for resisting arrest? Is that possible?

John Michael Frick
John Michael Frick
answered on Dec 2, 2024

The criminal offense includes more than simply an arrest. The statute reads:

"A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an...
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1 Answer | Asked in Divorce, Civil Rights, Legal Malpractice and Family Law for Texas on
Q: My attorney did not inform me that there would be witnesses at the hearing including the custody evaluator

My attorney did not provide correct evidence regarding the child abuse my child has suffered and confirmed by Tx children’s child abuse clinic. Also , my attorney has a friend at the law firm that represents my ex and the friend was my ex’s initial contact. Also, for my deposition I was told by... View More

John Michael Frick
John Michael Frick
answered on Dec 2, 2024

It doesn't appear to be "malpractice." That being said, an attorney should take into consideration the legal naivete of a client and should fully inform the client about what to expect. A person who has never had experience with the legal system and does not watch television or... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: Is it legal to record one of my roommates in our shared room if she threatens mine and my other roommate's life in NY?

I currently live in a homeless shelter, there have been ongoing problems with a roommate to which I have brought up to management many times. Over this weekend well management was not there is she flipped out and started yelling at my other roommate and I and even threatened to murder us. I know... View More

Stephen Bilkis
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answered on Nov 30, 2024

I'm sorry to hear about the difficult and frightening situation you're experiencing. Your safety is important, and I hope the following information helps clarify your legal options.

In New York State, it is generally legal to record a conversation as long as one party consents to...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for New York on
Q: if my civil rights were violated by probation and the courts when I was not the one on probation

My roommate was on probation. During a home check, a probation officer pushed his way into my private bedroom and later that the police came with a warrant for the first floor with the wrong name and proceeded to search the other 2 floors. I have the discovery packet and the probation lied several... View More

Stephen Bilkis
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answered on Nov 29, 2024

I'm sorry to hear about the difficult situation you're facing. Dealing with potential civil rights violations and serious criminal charges can be incredibly stressful. I hope the following information helps clarify your options.

Disclaimer: This response is for general...
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4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Rights for California on
Q: does anyone know of a contingency lawyer

i took my car to quick quack car wash and it damaged my license plate i was then given a business card to go somewhere to have it fixed which then the worker there added additional damage to my fenderliner and he said he may have done the damage but didnt want to fix it is there any lawyer that can... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

When your case is worth $2million, there are lots of contingency lawyers for you, but when your case is worth less than $2000 there are usually none. This is because many Attorneys charge more than $500 per hour and your case will take several hours to resolve. But, there is hope for you, it is... View More

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1 Answer | Asked in Gov & Administrative Law and Civil Rights for Michigan on
Q: In the state of Michigan, I submitted a FOIA request for a incident report that I was the Reporting party on.

I requested to remain anonymous due to the fact I would be retaliated against if the offender found out I was the reporter, I spoke to law enforcement and they reassured me MULTIPLE times I would be anonymous and my name would be withheld from the public records and upon receiving a copy of the... View More

Brent T. Geers
Brent T. Geers
answered on Nov 25, 2024

I don't think MCL 15.243 protects you here. You're requesting a copy of a report made upon your complaint. If this relates to a criminal allegation, I don't see how you could remain anonymous, unless you reported this through Silent Observer.

Think about it from the other...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Oklahoma on
Q: Can prosecution use evidence collected by officers who did not testify and were not listed on state witness list

These officers reports were undisclosed by prosecutor and have been suppressed since 2004

Robert Donald Gifford II
Robert Donald Gifford II
answered on Nov 20, 2024

It depends on what the evidence is that was introduced (and the facts of the case may matter as well). If it something that is easily identifiable and unique, like a firearm that can be identified by make, model, and serial number (and other relevant evidence), then it goes to the weight of the... View More

3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: If im having issues finding a lawyer does that mean I'm being ignored on purpose, or what would be the issue?

I've communicated to multiple parties on and off for probably a year and don't have any proper representation or assistance other then the cal bar website..

Robert Kane
Robert Kane
answered on Nov 20, 2024

If you are being ignored or turned away the most likely reason is you don't have a viable case. Law firms are businesses that are profit driven. You don't state whether you are willing to finance the litigation, but I would guess not. Quite simply, prepare a clear and concise statement of... View More

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