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Civil Rights Questions & Answers
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Car Accidents, Civil Rights, Civil Litigation, Wrongful Death and Personal Injury
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California
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Q: Legal action against San Diego PD for mishandling fatal accident involving parents.
I was involved in an accident in which my parents tragically died, and I believe the San Diego Police Department handled the case improperly, possibly due to a conflict of interest. Despite clear evidence, the police report unjustly blamed us for the accident without full investigation, and did not... View More 
Patrick William Steinfeld
answered on Jul 8, 2025
answered on Jul 8, 2025
Thank you for your question. I am sorry for your loss. Please accept my condolences. Police investigate accidents to determine if a crime has been committed. Police reports and an investigators opinions are generally not admissible at a civil trial because investigators are not qualified accident... View More
Q: Can I sue my estranged son for emotional abuse?
I am considering legal action against my estranged son for emotional abuse. Due to his sudden estrangement and refusal to allow me to meet my grandchild, I've been coping with significant emotional distress, which has led me to start therapy and medication. My therapist prescribed bipolar... View More
John Michael Frick
answered on Jul 7, 2025
answered on Jul 7, 2025
Whether you potentially have a claim against him for emotional abuse depends upon the specific behavior he has directed at you. I am having difficulty imagining a fact scenario in which your son can be both "estranged" and the perpetrator of emotional abuse toward you. Being... View More
Q: What are my rights and obligations as a witness and person of interest in a nightclub shooting?
I work at a nightclub where a shooting recently occurred. I witnessed the crime and went to the car to check on the person who was shot. The police took me to the station, collected my DNA, and informed me that I am considered a person of interest. I also saw the shooter. What are my rights and... View More
Stephen Arnold Black
answered on Jul 7, 2025
answered on Jul 7, 2025
If you are considered a person of interest, it will not be held against you if you invoke your right to remain silent and your right to counsel .At this point, you don’t have a duty to talk to the police, and so you should retain a criminal defense attorney.
Q: Consequences of missing a court date in Puerto Rico due to medication retrieval.
I currently have a civil restraining order in Puerto Rico with a court date set for July 10th. The individual involved has my Parkinson's disease medications and refuses to return them, claiming they don't know where they are. I have severe symptoms due to lack of medication, including... View More
Rafael Pagan-Colon
answered on Jul 8, 2025
answered on Jul 8, 2025
Missing a court date for a hearing to which you have been duly noticed may open you to contempt. If you are the benefit of the protection order, your case and the protection order may be dismissed. If you are the defendant, the court may grant the protection order or issue an order to have you... View More
Q: Can I take action against a no-contact letter after no contact for 6 months?
Someone sent me a letter instructing me not to contact them anymore. I had been texting this person for a year without any response, and then they communicated with me casually for two days before blocking me. I have not attempted any contact in the past six months. What actions can I take in... View More
John Cucci Jr.
answered on Jul 5, 2025
answered on Jul 5, 2025
My best advice is to ignore the person you are asking about. Is it worth your time, effort, or energy, to keep this person in your life?
There is no real damages you can show, and I do not see how you can get anything significant from suing or keeping any kind or contact with that person.... View More
Q: Options for reducing three-tier sex offender registry in New York after 40 years.
I have been on the three-tier sex offender registry in New York for 40 years without any new offenses. I'm interested in understanding the process and options available for seeking a reduction in my registry status. What steps can I take to pursue this, and are there specific legal grounds or... View More
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Stephen Bilkis
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answered on Jul 7, 2025
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answered on Jul 7, 2025
I'm sorry that you have been dealing with the long-term consequences of this situation and are seeking a path forward. In New York, individuals on the Sex Offender Registry may petition for a modification of their risk level designation under certain circumstances, even many years after the... View More
Q: Demanding compensation due to Facebook's Real Name Policy impact.
I am Jure Francetić, prohibited by Facebook from using my legal name on their platform. This longstanding policy has caused significant personal and professional harm, and I am demanding monetary compensation of at least several million dollars for the injustice and impact. I have attempted to... View More
Louis George Fazzi
answered on Jul 1, 2025
answered on Jul 1, 2025
Good luck trying to find any lawyer who would take on this type of situation. If you want to have any success at all, prepare a chronological statement of everything that happened, naming all witnesses, and identifying all documentation you may have which supports your claims. Focus particularly on... View More
2 Answers
| Asked
in
Civil Rights, Constitutional Law, Civil Litigation and Criminal Law
for
California
on
Q: Arrested for disturbing peace after a protest despite complying with police; how to request charge dismissal before arraignment?
While participating in a peaceful protest on a public sidewalk in my city against ICE agents at a local hotel, the police instructed us to stop making noise, which I complied with. However, I stayed in place holding a sign and was subsequently arrested for disturbing the peace under 415 PC, despite... View More
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Chris Nalchadjian
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answered on Jun 30, 2025
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answered on Jun 30, 2025
Based on the details you shared: To request the dismissal of charges before your arraignment, your attorney can file a motion arguing that there was no probable cause for your arrest under Penal Code 415. Since you complied with the police by stopping noise and were simply standing peacefully with... View More
Q: Can I get compensation for wrongful detention and vehicle damage in Texas?
I spent 90 days in county jail after being falsely accused based on a victim's statement while he was intoxicated and hospitalized. The judge dismissed the case due to lack of evidence. My truck was impounded, and after paying $175, I found it with flat tires, a broken back window, damaged... View More
John Cucci Jr.
answered on Jun 29, 2025
answered on Jun 29, 2025
Yes! The deeper question is how much can you get compensated for 90 days in jail, due to wrongful prosecution. The governments of Texas ( city, state, township), are paying about $100-$400 per day. That number can go higher if you can prove a private citizen or non-government actor is a... View More
Q: Questioning by troopers in Virginia while high and injured in truck accident.
In Virginia, I was involved in a truck accident and sustained internal bleeding. I was questioned by state troopers at the scene while high, without being read my rights, and was then airlifted to a hospital. I was not arrested at the time. Is this questioning lawful, and how might it impact my... View More
Tim Akpinar
answered on Jun 29, 2025
answered on Jun 29, 2025
Virginia attorneys could advise best and should have first opportunity to answer your question, but you posted yesterday, and someone should give you a heads up before you continue posting throughout the week on any public forums with statements such as being high. Attorneys you reach out to... View More
Q: Did NY police violate my rights by not providing medical help after a car accident?
I was involved in a car accident in New York, and I had visible signs of injury. The police did not provide me medical assistance at the scene, and they did not acknowledge my injuries in their report; however, I was later transported to a hospital where I received a medical diagnosis. I also have... View More
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Stephen Bilkis
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answered on Jun 26, 2025
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answered on Jun 26, 2025
I’m sorry to hear about your experience. Being involved in a car accident is already overwhelming, and it can be especially upsetting if the police did not take your injuries seriously or failed to help. In New York, police officers who respond to an accident scene are expected to ensure public... View More
Q: Charged with assault and minor in a bar after altercation with bar owner's wife.
I was at a bar known for allowing minors and underage individuals inside, so I wasn't aware of any age restrictions there. While there, I was asked for identification, which I didn't have on me. As I waited for my friends to give me their car keys to fetch my belongings and leave, the... View More
Thomas C Gallagher
answered on Jun 26, 2025
answered on Jun 26, 2025
It's a good practice to avoid speaking about an incident related to a pending criminal case, other than with a lawyer in a private conversation. If this happened in North Dakota, discuss with an attorney licensed there. Based on the hypothetical facts laid out in the question, in Minnesota... View More
Q: How hard is it to get a change of venue in a misdemeanor case in NY?
I am facing a misdemeanor charge and feel I am not receiving fair treatment due to hate crimes and vandalism directed at me. Law enforcement has not taken any action regarding these incidents. How difficult is it to obtain a change of venue in my case considering these circumstances?
Michael J. McConnell
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answered on Jun 25, 2025
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answered on Jun 25, 2025
Changing venue on a criminal case in New York is very difficult and honestly quite rare. Even in high profile cases with a ton of local media publicity it is tough to get a change in venue. Unless there are truly exceptional circumstances that make changing the venue necessary to ensure that... View More
Q: My husband was unlawfully detained by SAPD, wants to sue for rights violations and obtain footage. How to proceed?
Approximately 8 months ago, my husband was unlawfully detained by SAPD. After leaving a gas station, officers followed him for several miles before stopping him without cause, handcuffing him, and searching his car without consent or probable cause. They falsely claimed he ran a red light, a claim... View More
John Michael Frick
answered on Jun 24, 2025
answered on Jun 24, 2025
You should hire an attorney who practices in the area of civil rights particularly with respect to law enforcement. S. Lee Merritt, who formerly ran for Attorney General of Texas, practices in this area of law nationwide.
These cases often turn on how the police officer involved knew your... View More
2 Answers
| Asked
in
Civil Rights, Landlord - Tenant, Gov & Administrative Law and Real Estate Law
for
Florida
on
Q: Can a private condo refuse emotional support animal documentation under FHA?
I'm facing an issue with my condominium, which refuses to consider my emotional support animal documentation, claiming it "does not apply to them" because they are a "private condominium" under the federal Fair Housing Act. I'm considering legal action to ensure my... View More
Barbara Billiot Stage
answered on Jun 23, 2025
answered on Jun 23, 2025
The Fair Housing Act applies to condominiums, homeowner associations, cooperatives and other types of private corporations furnishing housing. Just be sure your ESA letter is from a mental health provider that has treated you and not obtained from one of those internet sites that will provide an... View More
Q: Accused of theft and drug possession without Miranda rights in Target store.
I was in a Target store when a man accused me of trying to leave with unpaid merchandise. He asked me to follow him to the back of the store. I had items in a cart, which included trolley bags. Store staff checked the cart and took the items. Before they totaled the amount (which was under $200),... View More
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Stephen Bilkis
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answered on Jun 23, 2025
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answered on Jun 23, 2025
Being accused of theft and found in possession of a controlled substance is a serious matter, and it is understandable to feel overwhelmed, especially if you believe your rights were violated. In New York, both the underlying criminal charges and the conduct of law enforcement are important factors... View More
Q: Accused of theft and drug possession without Miranda rights in Target store.
I was in a Target store when a man accused me of trying to leave with unpaid merchandise. He asked me to follow him to the back of the store. I had items in a cart, which included trolley bags. Store staff checked the cart and took the items. Before they totaled the amount (which was under $200),... View More
Marco Caviglia
answered on Jul 9, 2025
answered on Jul 9, 2025
Miranda warnings are only requied if the People intend on using admissions or confessions one makes upon or after being arresed. They do not apply during the "investigatory" stage. If you made no admissions or if they were made to the store security, there is no Miranda issue. The... View More
Q: Can police turn a lawful defense act into a crime when using pepper spray in NYC?
I am 54 years old and was walking my dog in NYC when a man harassed and then attacked me. I defended myself with pepper spray, knowing it's legal under certain guidelines. The NYPD arrived, handcuffed me, and claimed the spray was illegal without investigating. The attacker wasn't... View More
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Stephen Bilkis
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answered on Jun 21, 2025
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answered on Jun 21, 2025
It is understandable to feel frustrated and confused after being arrested for defending yourself, especially when you believed your actions were lawful. Your situation raises important questions about self-defense, the legality of pepper spray in New York, and how police determine probable cause... View More
2 Answers
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in
Civil Rights, Constitutional Law, Civil Litigation and Personal Injury
for
New York
on
Q: Do I have a strong §1983 case for unlawful search and detention in NY?
On February 2, 2025, in Nassau County, NY, I was detained for over 16 hours by plainclothes officers in an unmarked car outside a restaurant. They searched my vehicle without consent, failed to provide Miranda rights, denied my prescribed medication, and prevented me from contacting a lawyer... View More
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Stephen Bilkis
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answered on Jun 21, 2025
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answered on Jun 21, 2025
I’m sorry to hear about what you experienced. If the facts you describe are accurate and supported by evidence, you may have a basis to pursue a civil rights lawsuit under 42 U.S.C. § 1983 for violations of your constitutional rights. Section 1983 allows individuals to sue state actors,... View More
Q: Facing third degree assault charges for using pepper spray in self-defense, arrested in NYC. Legal help needed.
I live in NYC and while I was walking my dog, a man began to harass and then attacked me. I defended myself with pepper spray, which I believed to be legal in New York State. However, the police arrested me, claiming pepper spray is illegal, and I received a desk appearance ticket for third degree... View More
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Stephen Bilkis
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answered on Jun 21, 2025
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answered on Jun 21, 2025
It is understandable to feel overwhelmed and frustrated after being arrested while trying to defend yourself. Being charged with assault, especially when you believe your actions were lawful, raises serious concerns that need careful legal attention.
In New York, the use of pepper spray is... View More
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