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Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Small Claims for Ohio on
Q: Im renting in ohio. An i allowed to deny a house showing if the realtor doesn't give me a 24 hr notice?

I'm technically in Lorain County. My landlord is cool but the realtor is now getting angry with my bf and I cause we were out of town for a showing that he failed to give a 24hr notice for. He's done it multiple times now and we have pets. What drew the line for him is when we refuse to... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 18, 2020

The realtor has no legal rights and cannot require you to do anything. You don't even have to talk to him if you don't want to. You certainly don't have to leave the key in the box. Ohio law requires a landlord to give reasonable (24 hour) notice of having someone come in for an... Read more »

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Kentucky on
Q: Can my girlfriend move out and live with me at age 18 with 3 months of school left but will finish up at a different one

Her parents want to force her to stay till shes graduated collage but shes going into the reserves as soon as she graduates were in ky and her parents are trying to force her to keep living with them i need to know if she can move out at 18 and not have the cops called on us by them and her drag... Read more »

Timothy Denison
Timothy Denison answered on Sep 17, 2020

She can leave on her 18th birthday.

1 Answer | Asked in Traffic Tickets, Criminal Law and Civil Rights for California on
Q: i was issued a ticket for driving on a suspended license expired registration i missed the courtdate do i have a warran

.

Douglas Hugh Ridley
Douglas Hugh Ridley answered on Sep 17, 2020

If you were issued an infraction or misdemeanor for driving on a suspended license and do not show up for the court date, the court will issue a warrant. It will probably be immediate, but there could be a slight processing delay (especially with Covid). The best solution is to go to that... Read more »

1 Answer | Asked in Civil Rights for California on
Q: What does it mean when the sheriff attempted to contact me regarding a civil matter? I am under 18 years old.
Maurice Mandel II
Maurice Mandel II answered on Sep 17, 2020

It means that you should call the Sheriff and find out what he wants? Could be process serving, could be a subpoena, could be a number of things. Insufficient information to determine what the Sheriff wants from your post, and my crystal ball is out for repair.

Justia disclaimers below,...
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1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: I got a writ of possession about my vehicle but I never signed a warrant or was never notified of a court date.

There was a court date earlier this year but it got cancelled due to covid 19. I was told they had court 2 weeks ago but I was never notified about it. Is this illegal?

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

Apparently you knew of the suit against you. It was your responsibility to check with the Clerk to find out when Court was. You could file a motion to set aside the Default Judgment, but I do not recommend it.

1 Answer | Asked in Immigration Law, Appeals / Appellate Law, Civil Rights and International Law for Washington on
Q: What would I do if I believe this page is endangering my father's life

I believe this article to be neglegant endangerment. Who can I reach out to.

Tim Akpinar
Tim Akpinar answered on Sep 16, 2020

A Washington attorney could answer best, but your question remains open for three weeks. You could reach out to the publisher and ask them to take the page down while expressing your concerns. If that doesn't work, you could reach out to an attorney for a consult to explore options. You could... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Securities Law for Ohio on
Q: Apartment manager decided to do a “wellness check” without telling us.. there is a lot more.

Manager entered our apartment with any form on contact before doing so while my wife was asleep naked and daughter was sleeping. Got to the bedroom door before announcing himself and my wife freaked out and tried to cover up as quickly as possible, he proceeded to stand there and stare at her while... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 16, 2020

You can file a police report, but they are unlikely to do anything. You could sue the apartment owner for trespass. Talk to the owner about the manager's unauthorized entry. Put an interior lock on the door.

1 Answer | Asked in Civil Rights for Tennessee on
Q: Will I get failure to appear and go to jail if I don’t go to court if I received a summons in my civil lawsuit
Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2020

Civil suits usually do not involve incarceration, unless there is a post-judgment asset discovery problem. I recommend you go to Court, if for no other reason than to make sure the judgment reflects a correct amount and all payments. That judgment will be against you for a long time, so deal... Read more »

1 Answer | Asked in Civil Rights for California on
Q: Civil rights attorney, I want to sue Dept of children services for removal of grandkids, only to dismiss case 10months

I was denied due process, and kids religion was violated.

Louis George Fazzi
Louis George Fazzi answered on Sep 14, 2020

It would be helpful if you provided sufficient information to be of service. As grandparents, what legal right did you have to custody of your grandchildren? That would be step one in understanding what your rights might be. Grandparents don't necessarily step into the shoes of parents when it... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Is it a crime for a person I'm on a phone conversation with, to record the conversation without my consent & knowledge?
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 14, 2020

No. Texas only requires recording consent from one party to the conversation.

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1 Answer | Asked in Civil Rights for Tennessee on
Q: I reside in TN with a handgun permit. Is a mp40p able to be carried loaded on me since it is a pistol and not a rifle?

*note a mp40p is larger than most handguns/pistols. It has no stock to which I can shoulder it and it shoots 9mm. The classification of it when search says it's a pistol but was told it's a pistol carbine.

Just wanna be sure that be legal to carry on my person loaded if I choose... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

It is classified as a handgun as it has a short stock and is held by one hand. But it is very large and will generate attention. HCP is for handguns only, not long guns. Just because Federal Law defines it as a handgun does not mean some LEO will not try to arrest you anyway.

1 Answer | Asked in Civil Rights for Ohio on
Q: Legal or not, a minor child is killed mom not permited 2 identify her.
Warner Mendenhall
Warner Mendenhall answered on Sep 14, 2020

More detail on this is needed to answer. Where was the minor child living? Did the mother have custody? Were the mother's parental rights taken in a dependency, abuse, neglect case? etc...

1 Answer | Asked in Criminal Law and Civil Rights for Louisiana on
Q: Can a police officer place evidence in a different location other than where it was found?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 14, 2020

They can, but shouldn't. This may be part of your defense. Tell your criminal defense attorney.

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for North Carolina on
Q: Can CPS cases be revealed in cases regarding other children?

I am in a custidy battle. I have 2 children, each have a different father. With my youngest son, I tested positive for drugs when I gave birth and a CPS case was automatically opened. Everything was fine with the baby at birth and at home, the home visits went well, I wasn't found to be... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 14, 2020

The case can be raised, but I'm not sure how significant it would be if it was closed as you indicate.

1 Answer | Asked in Family Law and Civil Rights for Florida on
Q: My daughter born in PR, but she lives with me in Florida. If she still a minor if she left the house without my consent

living with a Mexican without documents or citizen, she is 19 yrs

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 13, 2020

It doesn't matter where she was born, and the nationality of the person with whom she is living doesn't matter either. If she is under the age of 18 she is considered a minor in Florida.

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: When is the best time to voice your rights if being arrested? Do you have the right to an immediate arraignment & when?

No knock warrant took 4 people to jail cps took child for a year. They confiscated .1g yes 1/10 of a gram in an old baggie behind the shelf under a lamp. Poss of controlled sub <1g X4 15months ago

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 12, 2020

It is usually best to exercise your right to remain silent until you have a lawyer.

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1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Can school districts forcing parents to homeschool (do the teachers job) be considered as forced servitude?

I understand we are in a pandemic, my son has a fairly severe mental handicap, I feel it should be illegal to force me to attempt to homeschool him against my will and without compensation especially when I have absolutely no skill/ability in doing so.

Brent T. Geers
Brent T. Geers answered on Sep 12, 2020

Interesting take. While understandably a hardship, I don't think "forced servitude" covers taking care of your own children. Interestingly, there is no constitutional right to public schools as we know them; if they ceased to exist, all parents would be "forced" into servitude.

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Small Claims for Indiana on
Q: signed up for dance lessons in Jan through May. I paid in advance.they refuse to give me partial refund

Signed up in january- for classes once a week until end of may.

They switched to online classes but since i have hardwood floors and not a lot of space and i was doing tap dance i asked for a refund, they said this was not to be inplace of a dance class. that it was just to keep your body... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 11, 2020

An Indiana attorney could answer best, as consumer issues could involve state law. But as a general matter of contract law, it could depend on how the agreement was written, in terms of how it addressed certain unforeseeable or foreseeable intervening events. These types of situations have... Read more »

2 Answers | Asked in Civil Rights and Constitutional Law for California on
Q: What do I do? I have police lying on reports, the district attorney lying in court. And much more. I have proof of it.

I had a officer refuse to file charges against a person that pressed a gun against my face and he also told me it was legal because I did not show fear. The police will not arrest him even though on the statement he gave to police he stated that he pulled a gun on me and punched my friend in the... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 11, 2020

You need the advice of a good civil rights lawyer. One option you may have is to file suit against the perpetrator for assault and battery. There are some good civil rights lawyers in Fresno. Most good lawyers who handle these kinds of cases give free consultations. If the local DA's office... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: I have reasons to believe that my boyfriend's mom stole a necklace of mine that has my deceased dad's ashes on it and

My dad's gold wedding band and I want to get a search warrant for the house that she is living at, I live in Athens Georgia so how would I get a search warrant for that?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 11, 2020

If you desire to file criminal charges against her, you need to file a police report, and they will investigate. If you want to pursue a civil suit, you would file a complaint in the Superior Court of the county where she resides.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

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