Civil Rights Questions & Answers

Q: are california residents obligated to show police officers id?

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Answered on Feb 24, 2017

Yes. 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any...
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Q: My friend is being forced to work overtime by her tyrant of a boss. She can't afford a lawyer what should she do to sue?

1 Answer | Asked in Employment Law and Civil Rights for California on
Answered on Feb 24, 2017

See: http://www.dir.ca.gov/dlse/faq_overtime.htm

Forced labor is slavery: is that really what's happening?

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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Please i need your advice my ex let her boyfriend claim my son for taxes last year and i have not been aware of it.

1 Answer | Asked in Family Law and Civil Rights for California on
Answered on Feb 24, 2017

Is he paying for the child? Who has legal custody of the child? 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: I was incarcerated in juvenile hall in 2003 in Sacramento i am 28 now can i still sue do to unlawful strip searches

1 Answer | Asked in Juvenile Law and Civil Rights for California on
Answered on Feb 23, 2017

Are you under probationary terms that allow such searches? Are you in jail? 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. 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: Can teacher in California make racist jokes and call his students stupid, even though he is joking?

1 Answer | Asked in Civil Rights, Constitutional Law, Education Law and Juvenile Law for California on
Answered on Feb 22, 2017

That creates a hostile classroom environment and is a violation of the teacher's duties and the students' rights. You can report this to the administration for investigation and resolution. 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. I practice law in CA, NY, MA,...
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Q: Am i allowed to film on school campus if im a student there

2 Answers | Asked in Civil Rights for California on
Answered on Feb 20, 2017

More specifics are needed such as is the school private or public and what were you filming and where on campus. Is this a high school or college? Or younger than that?

In general, most (but not all) lower federal courts have generally said that the First Amendment protects a right to record and photograph in public view. This usually comes up when filming law enforcement. The taking of your phone is a different issue since that is property. You can reach out to a lawyer and discuss...
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Q: How to counter a criminal summons with a civil claim before a court date?

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for District of Columbia on
Answered on Feb 20, 2017

You should contact a VA lawyer about this, rather than posting on the DC forum. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: What are the reasons as to why a courtroom can revoke an individuals right to "propria persona"?

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Answered on Feb 20, 2017

You might be considered incompetent, i.e., lacking mental capacity to represent yourself. Or you might be trying to represent somebody other than yourself or a corporation. 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. I practice law in CA, NY, MA, and DC in the...
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Q: I tried to purchase a firearm and was denied. Nothing on my record should prevent me. I have no felonies.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Answered on Feb 19, 2017

Even though your case was dismissed post conviction, there are some misdemeanor violations that carry firearm possession prohibitions. You need to consult with an experienced criminal defense attorney and examine the section of the Penal Code that you violated.
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Q: If my birth name is not in the courts and I applied at a job with my full name and the police gets called.What happens

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Ohio on
Answered on Feb 19, 2017

Your inquiry is very confusing. You should try to order your thoughts and tell us more about what allegedly occurred, if you want meaningful answers to your questions.

If you were fingerprinted, it will not matter why name you gave vs. the name on your birth certificate. They'll figure out it's you. If you were not fingerprinted, perhaps they will not figure it out.

If you gave an incorrect name to the police or the court, you may be charged with several offenses for that act...
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Q: When the president signs a bill into law, is the bill summary text legally enforceable along with full bill text?

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Answered on Feb 18, 2017

The bill's text, not the summary for the public, is the text of the law. See: https://lucas.house.gov/legislative-work/how-bill-becomes-law

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. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: Hello , I am asking about the Virginia HB 2163, is it legal to take away someones right for a medication?

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Medical Malpractice for West Virginia on
Answered on Feb 18, 2017

You need to speak with the group that is lobbying against it. Who those are I wouldn't know. Look at newpaper articles on it--it will usually say "......however, Billie Joe McAlister, spokesperson for Not So Fast, a group of opiod treatment professionals said that......." With the internet shouldn' t be hard for someone to fijnd.
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Q: Evicting roommate not on lease

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

There are various approaches, but this is the safest. Give her written notice that she must leave by no later than the end of the end March. If she stays into April, contact the landlord about changing the locks.
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Q: I rent from my mother. She moved in my scitsophritic violent older brother. He's disturbing the peace. Do I have rites?

1 Answer | Asked in Family Law, Civil Rights, Landlord - Tenant and Criminal Law for California on
Answered on Feb 17, 2017

You can call the police to report any illegal activity. Your landlord must provide you the ability to quietly enjoy your rental unit. You can remind the landlord of that duty. That failing, you can sue. See: http://www.dre.ca.gov/files/pdf/refbook/ref09.pdf

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...
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Q: My friend joined a kik chat she believed was for recovering people from eatingdisorders and a body venting space.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Internet Law for California on
Answered on Feb 17, 2017

I see no basis for legal concerns in this question. As for privacy of users on that site, check its Terms of Use and any contact or self-identifying information the user provided to the public on the site. 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. I practice...
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Q: does the U.S Code overrule the CA Vehicle Code?

1 Answer | Asked in Traffic Tickets and Civil Rights for California on
Answered on Feb 17, 2017

The CA Vehicle Code applies to cars driven in CA. The federal law applies to cars driven on federal lands. 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: Do I have a right to see a child abuse incident report now it's been dismissed in court?

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Legal Malpractice for North Carolina on
Answered on Feb 17, 2017

Possibly through your state's police regulations. Generally, should have been released through the criminal discovery process. Speak with the NC Civil Liberties Union.
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Q: Is the due process clause absolute?

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Health Care Law for Michigan on
Answered on Feb 17, 2017

Due process requires at a minimum notice and an opportunity to be heard before the government deprives a person of life, liberty or property, but otherwise can vary with the circumstances.
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Q: Does a Patrol Officer's "Duty to protect the public" allow him to withdraw funds from one's account to pay his bills?

1 Answer | Asked in Civil Rights and Criminal Law for New York on
Answered on Feb 17, 2017

NO, IT DOES NOT. You should immediately contact your local District Attorney's office, arrange a meeting with an assistant DA and file a complaint against the officer.

This is about as corrupt as it gets.
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Q: What damages must I prove on a claim of per se slander?

1 Answer | Asked in Libel & Slander and Civil Rights for New York on
Answered on Feb 17, 2017

None, so long as the defamation fits into one of the four (4) categories I have articulated below"

There are four general categories of untrue statements presumed to be harmful to one's reputation and therefore defamatory per se. Typically, if the statements do not fall into one of these categories the plaintiff is required to prove his damages. If it does fall into one of these categories, damages are PRESUMED (meaning the burden is on the defendant to DIS-PROVE THEM) The four general...
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