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Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Louisiana on
Q: searching for an attorney to file a writ of mandamus
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 28, 2022

Justia is not a lawyer referral service.

1 Answer | Asked in Real Estate Law and Civil Rights for Arizona on
Q: A friend of my dad's has been living in his house for more than 30 days. He passed recently and she won't move. Options?

My dad had agreed to let a friend of his stay with him short term. This turned into long term at around a year. She has been living rent free under my dads roof. About a month ago she became ill and was transported to a nursing facility where she remains presently. Around the same time my father... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 28, 2022

The first step is to contact a probate lawyer. The lawyer will determine if a probate is needed to administer your dad's estate. If so, he will assist you in obtaining the appointment of a personal representative. The personal representative will have the legal authority needed to evict... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Civil Rights for Florida on
Q: My boyfriend in prison he has covid do I need a lawyer

My boyfriend was rushed to a hospital with covid it’s no medical release on file nobody telling his family anything we in the blind on how we doing the are refusing phone calls and not allowing us to know anything about him do I need to get a lawyer to get information on him or what it’s been... Read more »

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 27, 2022

Contact a local attorney to learn how you can get compassionate release or temporary medical release for your boyfriend.

1 Answer | Asked in Civil Rights for Tennessee on
Q: Hi my husband is being hazed. Today he was smoked for 3 hours over something that happened 3 months ago. What do i do?

He has asthma and was trying to make a doctors appointment to see if he needed to be back on profile. And one of his seargent said no one is getting back on profile. Basically saying he can't make a doctors appointment. One of them while smoking him said I hope you have an asthma attack.

Anthony M. Avery
Anthony M. Avery answered on Jan 27, 2022

If he is in the Military, then he volunteered to take orders and train, including fighting if necessary. The Army is not that tough these days so I am sure it is not that bad. UCMJ applies, not TN/Federal law.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Is COVID a viable exemption to the right to a speedy trial?

My fiance is in jail in Michigan for a crime committed there. He's in the COVID quarantine pod and has missed his probable cause hearing twice, another man in the pod missed his 5 times, although he's no longer positive for COVID. Is this a violation of his right to a speedy trial?

Brent T. Geers
Brent T. Geers answered on Jan 27, 2022

No, but there may be other actionable problems here. Generally, there is a right to have the actual preliminary examine within 21 days of arraignment unless waived, or upon "good cause" by the court.

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If police raid my house for drugs and detain me do they have to show me the warrant before they search if I demand tol
Thomas C Gallagher
Thomas C Gallagher answered on Jan 26, 2022

If police break into a house with a Search Warrant, they are required to either leave a copy or give a copy to a person present. I am not aware of a requirement that they do so, *before* they come in and search. That could create security risks, and that is likely the reason. Normally they will,... Read more »

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1 Answer | Asked in Bankruptcy, Business Formation, Business Law and Civil Rights for Illinois on
Q: I started a nail salon with someone. She didn’t have money to start it so I let her borrow from me but we didn’t make a

We didn’t make a contract. We worked for a month and a half now but we fell into a disagreement and she left and won’t respond to my calls. I’ve been working alone without even paying myself. How do I proceed from here when she won’t respond to any of my messages and calls.

Timothy Denison
Timothy Denison answered on Jan 26, 2022

If there’s no agreement, just move forward as if the salon is yours. She has no interest since she provided no investment.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Louisiana on
Q: My son was forced to plead guilty to a charge that he wasn’t even arrested for . How can I seek justice
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 26, 2022

You should have hired a criminal attorney for him before he plead. Now a criminal attorney would have to withdraw his plea.

1 Answer | Asked in Civil Rights for California on
Q: What do I do if I never was paid from a lawsuit?

I went to a settlement conference and was supposed to be paid 1300 dollars from the state of California but I never received anything?

Louis George Fazzi
Louis George Fazzi answered on Jan 25, 2022

Insufficient details to be able to answer your question.

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: out of jail on o.r fighting a case for over a year then my house was raided with no warrant is this illegal

One was later obtained hours after they went in my house without my consent

Dan Moseley
Dan Moseley answered on Jan 24, 2022

There are exceptions to the warrant requirement. Without one, evidence obtained as a result of a warrantless search of a residence is inadmissible in court. Whether an exception, or a valid warrant, made the search lawful cannot be determined without reviewing the facts of the incident, including... Read more »

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1 Answer | Asked in Civil Rights for Louisiana on
Q: Kenner police officer works on July 4th but the city of Kenner observed the holiday on the 5th so that city workers can

Have off on the Monday which is the 5th because the 4th is a Sunday. So, the officers that work on Sunday July4th don’t get holiday pay but the officers that work on Monday July 5th do get holiday pay. Is this legal? If so can you show me where? I just do not see how officers that work on the... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 24, 2022

You should contact an employment lawyer in the Jefferson Parish area and sit down and discuss the specifics of this matter. Additionally, does the Kenner police have a labor contract in effect and if so, what does the contract say as to when one receives holiday pay? It is possible (and I do not... Read more »

1 Answer | Asked in Consumer Law, Civil Rights, Collections and Small Claims for Louisiana on
Q: My husband was arrested for 29 counts of worthless checks from 1996 isn’t there a statue of limitations In Louisiana

I was told the limitations is ten yrs and he should not have been arrested he was arrested 2 wks ago in Evangeline parish for a warrenton worthless checks

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 24, 2022

First thing you need to do is hire a criminal defense attorney in your area as an attorney would be in the best position to assist you in this matter and to help you get the best result possible. In this instance you indicate that you were arrested on a warrant----was that a warrant from a... Read more »

1 Answer | Asked in Consumer Law, Civil Rights, Identity Theft and Internet Law for Michigan on
Q: Can I sue tiktok to get a fake account taken down that someone opened up in my name and took one of my videos and put on

Fake account and I know who did it. I also feel this guy is scouting minors for trafficking I have emailed them over a dozen times n reported his account with no luck since 12/31/21. Not sure what else to do??

Brent T. Geers
Brent T. Geers answered on Jan 22, 2022

I'm not sure how TikTok would be liable to you. Most social media companies, in that finely printed terms and conditions no one reads when they sign up for an account, say basically "we're just a platform and not responsible for the content users upload".

If you know...
Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can somebody please hold me my civil rights violated I was wrong for incarcerated

The arresting officer know not the bench Warrents that she was arrested for we’re not mine the fill any charged but she added afterwards was bogus she’s done this before to a different person that I know as a result I lost my kids my financials are gone All of this brought me into depression... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jan 21, 2022

You need a private attorney to help you. You can find a good civil rights lawyer in Los Angeles County by doing a simple Google search. You can also go to the Los Angeles County Bar Association's website (lacba.org) and use their lawyer referral service for help finding a good civil rights lawyer.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for Kansas on
Q: We'll have a pretty serious case that I have taken through small claims and now needs to go up to the Court of Appeal

Very serious tenant/landlord case in which has overwhelming evidence of illegal evection , harassment,descrimanation and slander of character ect I have all documents necessary it's put a huge emotional toll on my family I need help.

Tim Akpinar
Tim Akpinar answered on Jan 21, 2022

Only a Kansas attorney could advise you here, but your question remains open for two weeks. Please keep in mind that appeals of any type in any jurisdiction are generally governed by narrow windows of time to take action. If you are contemplating an appeal, you could consider reaching out to Kansas... Read more »

1 Answer | Asked in Banking, Civil Rights, Elder Law and Identity Theft for Rhode Island on
Q: Foreclosure,check fraud,SNAP fraud,credit cards open.Family member took advantage of grandmother. She's out 25,000+HELP

Family member was caregiver for grandmother was supposed to pay mortgage,bills.. Never paid mortgage. grandmother will lose house foreclosure, she's out $20,000. Family member left grandmother bank account $0. Grandmother's social security check went into bank account&stimulus checks... Read more »

Neville Bedford
Neville Bedford answered on Jan 20, 2022

https://riag.ri.gov/elder-abuse is a good place for you to start to seek help for your elderly relative. Good luck to both of you.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and White Collar Crime for Indiana on
Q: Can someone be charged for the same case and crime in 2 different Indiana counties?

The judge and attorney had pointed out that they acknowledge this, a motion for dismissal was entered in October however it hasn't been addressed and the 2 counties are passing him back and forth even trying to revoke the bond paid already in one county.

Joseph Abrams
Joseph Abrams answered on Jan 20, 2022

No. Because the two counties are considered part of the same sovereign, that is, the state of Indiana, it would violate the Constitution's prohibition against double jeopardy.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Legal Malpractice for Arizona on
Q: State of AZ failed to use UCCJEA, for temp emergency custody minor kids, CA case. Had jurisdiction, what case law help?

We are victims of abuse, DV. I left CA 2018 moved to AZ to seek asylum and safety from abusive sociopath (NPD) ex husband and bio dad of our 2 minor children. Asked for move away orders in CA family court, citing DV and asked for temp emergency orders there, allow me to bring kids to AZ. Denied.... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 20, 2022

My heart goes out to you. It sounds like you're in a very difficult position.

The law for temporary emergency jurisdiction is ARS 25-1034. The best case on your side is probably Arturo D. v. Dep't of Child Safety, 249 Ariz. 20 (App. 2020) where Arizona did exercise emergency...
Read more »

1 Answer | Asked in Civil Rights, Consumer Law, Municipal Law and Small Claims for California on
Q: Is it legal for a police department in California to release someone’s car to the wrong person then lie about DA Reject

The car was at tow yard. The tow yard had a lien sale the car was sold to a lady the lady never registered it in her name. She sold the car to her nephew a couple days after she bought it from the tow yard.he never registered it in his name either.. I bought it from the nephew a couple days later.... Read more »

Leon Bayer
Leon Bayer answered on Jan 19, 2022

It is never OK for the police to lie. But you are not clear about what the lie is? If the police told you that this is a civil matter and the DA won't file on it, I agree with them.

Your beef is with the nephew. You can sue him in small claims court.

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Do cops need a separate search warrant to enter a 10x8 tool shed that is behind lock and key and is 75 foot from house

The shed was not specifically detailed on the warrant but at the end of the warrant it goes on to say (and any other structure or building on the premises).doesn't it have to be specific on where to search.also to get in the building they trashed my house found my girlfriends car keys that... Read more »

John Cucci Jr.
John Cucci Jr. answered on Jan 19, 2022

Your question has many legal issues. You nailed the first question: Do Police need a separate warrant for a locked shed? Maybe yes, maybe no. The answer depends on who's shed it is, and who, if anyone has dominion and control of the shed. The best case for you would be if you had a lease to... Read more »

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