Is that a crime
answered on May 31, 2022
Short answer: No.
The 4th Amendment protects you from unwarranted searches and seizures (subject to a truckload of exceptions that make it more holes than wall).
The remedy for a violation of the 4th Amendment is the exclusion of any evidence found or seized.
However, if you... Read more »
She lied to the judge and told him that I wasn't coming to appointments.Which is a lie. I have video to prove it. The judge then told me what a good attorney she was i
her skills were so great so when I went to say something he shut me down and told me that I need to make myself... Read more »
answered on May 31, 2022
You have to remember that this is a Public Defender. You are entitled to court-appointed counsel if you qualify, but you are not entitled to pick the attorney who gets appointed. As long as the appointed attorney provides "effective assistance" as that term is defined by the Supreme Court... Read more »
answered on May 24, 2022
This is NOT a legal question but a technical one. You need to identify the mechanism of transmission before any legal remedy is possible.
Ok let me add to this then so I can get a little more clarification. An illegal search and Seizure being detailed into a psi is not a violation of my 4th amendment right? Also bc I had marijuana on me in CA and it's legal and being in Indiana it is illegal this evidence enhanced my sentencing... Read more »
answered on May 22, 2022
During the sentencing phase of a case, the legal standard for the admission of evidence no longer follows the Rules of Evidence. Rather, the evidence only needs to have "sufficient indicia of reliability" which is a pretty low bar.
Hearsay, and even double-hearsay, is allowed.... Read more »
what all areas are they allowed to search with and without a search warrant while i am on house arrest
answered on May 16, 2022
The documentation you signed when you started house arrest will outline the parameters of your monitoring situation and what the monitoring authority and law enforcement is authorized to do. It's not clear if you're a pre-trial detainee on house arrest or a defendant on house arrest doing... Read more »
Protective order vacated and the case is fully dismissed as of 12-18-2021
answered on Mar 14, 2022
If the case is dismissed, you're likely good to go. However, you won't know until you try.
As well as the witness feels like she can't go through with it , and is also the victim of the case ?
answered on Mar 1, 2022
If subpoenaed to court, then the spouse needs to appear so as not to be in violation of a court order that could result in her arrest. That being said, depending on the circumstances of what she would testify to, the spousal privilege may limit or prevent her testimony. She should contact a... Read more »
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.
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
I Was driving down a highway when I got pulled over for swerving Despite the fact That I had a dashcam that said otherwise
answered on Jan 18, 2022
In Indiana, if you are pulled over for a traffic violation, alleged or actual, you must show identification.
He is the one they are investigating. Were my rights violated? Were my sons? We were not given a copy of the subpoena and only know because I work here. And everyone knows!
answered on Jan 10, 2022
How can your rights be violated by a Subpoena? The Subpoena was NOT issued to you, but rather to your bank so your bank received the subpoena and apparently responded to it as they must.
11/10/19 at fault no insurance
answered on Sep 23, 2021
There is nothing that you can do. You had no insurance so the other driver processed a claim under their uninsured motorist coverage (UM). Now their insurance is seeking a judgment against you which they will get. Your only choice is to enter into some voluntary repayment, have the court garnish... Read more »
Cause the person who did this violated the no contact order and the bail revocation hearing is before the trial
answered on Apr 25, 2021
I don't know what you mean by "brandishing", but it would take far more than that to justify use of deadly force against that person. Keep in mind that there IS a right to bear arms, both for you and the other person. You can't just shoot people because they are armed.
We began dating 7 months ago I was 15 he was 19, he's now 20. My parents knew about our relationship the entire time, but they decided to put a restraining order when they found details of our relationship. I'm just wanting to know if it is a restraining order that will expire, one I can... Read more »
answered on Apr 5, 2021
The protective order is likely for 2 years so it will expire before you turn 18, however, your parents may be able to get an extension. Additionally, if you and your boyfriend are sexually active and there is more than 4 years in age difference, he is committing Sexual Misconduct with a Minor... Read more »
Are there attorneys who will listen to you for a free consultation for more than 15 minutes
What I need to say would take more than 15 minutes but I really need one person who would listen to it
answered on Jan 25, 2021
You need to locate a civil rights attorney for that. You can use Justia to find attorneys who specialize in that area.
Many offer free consultations.
answered on Dec 28, 2020
That sounds like an inappropriate sentence. You should contact the clerk to get a copy of the sentencing order and then talk to a local criminal defense attorney.
On a tip from a C. S. The police served a NO KNOCK warrant. For pot? First SWAT then ICE. Never identified themselves. At gun point. Wouldn’t show us the warrant. Left it after the search. Had no affidavit. They had no badges , we couldn’t EVER see they’re faces. The affidavit is excluded... Read more »
answered on Dec 22, 2020
You need to contact an experience criminal defense attorney in your area to discuss the case in more detail.
Illegal search and seizure no warrant private property, did they violate my 4th amendment?
answered on Nov 30, 2020
The 4th Amendment search warrant requirement is very complicated and there are several exceptions to the rule unfortunately. The answer to your question is yes, the police cannot come into your home and search it without a warrant or good-faith belief that a valid exception to the warrant... Read more »
I gave consent to search my vehicle but they just took my purse from me as I was stepping outta my car & without asking or anything, proceeded to search it, which led to a drug charge. But I feel as if they violated my rights.
answered on Nov 30, 2020
If they did not have probable cause to search the vehicle or your purse, but you gave consent to search the car, there may be an issue with consent to search your purse. Contact a local defense attorney to discuss the case in more detail.
My partner may also have to get on it but we want to get married. Neither of us are currently on it . We live in Indiana but may move to Michigan or Wisconsin
answered on Nov 15, 2020
Marriage does not affect SSDI. To be able to get SSDI, you would have to have worked long enough and recently enough to be fully insured. In most cases, you must have earned at least 20 credits during the last 10 years. You earn work credits and become insured for Social Security retirement, SSDI... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
