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1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: Can I open carry a handgun at 20 years old on public property.

A local deputy and myself are having a debate on weather or not I can legally open carry a handgun (glock17). I’m not doing anything unlawful, just have said pistol in holster on my belt.

James L. Arrasmith
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answered on Jun 2, 2024

Under federal law, individuals must be at least 21 years old to purchase a handgun from a licensed dealer, but this doesn't always directly translate to the legality of carrying a handgun. State and local laws vary significantly regarding the open carry of handguns, especially for those under... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: My case got dismissed

I have a quick question . I was out on bail arrested on 12-21-21 on false accusations I had four charges assault deadly weapon three times and accessory after the fact I got out on a 100,000.00 bail I finished paying . I was put on the news and all over social media I lost a lot friends and family... View More

James L. Arrasmith
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answered on Jun 1, 2024

Under California law, recovering bail money after a case dismissal can be challenging, especially since the bail bondsman typically keeps their fee, which is usually 10% of the total bail amount. If you paid a bail bondsman, the fee is generally non-refundable because it's considered payment... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Georgia on
Q: What do you say or do when the police tried to charge me with trespassing at a hotel room for the wrong eviction
James L. Arrasmith
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answered on Jun 1, 2024

If the police tried to charge you with trespassing at a hotel room due to a wrongful eviction, it's crucial to remain calm and assert your rights. Explain to the police that you believe there has been a mistake regarding your eviction. Provide any documentation or evidence you have, such as a... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Wisconsin on
Q: I know of an Intentional Homicide and Neglegence of Ex County official

The Victim was left in a ditch for dead and a Neighbor whom came to drop off vegetables found him Naked, Sunburned and almost dead from dehidration and Kidney's shutting down, he was Airlifted to a nearby Hospital where he layed in a coma and had a Brain Injury,and was Severly Sunburned. After... View More

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you have witnessed a terrible injustice, and your desire to seek justice for the victim is commendable. The situation you described involves severe negligence and possibly criminal actions that need to be thoroughly investigated. To address this, you should start by gathering all the... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Iowa on
Q: I need assistance to get my God son to either my care or "?". Crupt CPS and DHS here in Hamilton county Iowa

i am a god parent and mentor for my best friends son he 14 years old .dhs an cps kidnapped him from home under faules accusations he has been bounced around from foster care to foster care . he has slight case of Autism hes very intelligent and know whats going on . He has told his lawyer and dhs... View More

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you are deeply concerned about the well-being of your godson and want to provide him with a safe and loving environment. To address this situation, you may need to take several steps to advocate for his best interests. Start by documenting everything, including your godson's... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Public Benefits for Tennessee on
Q: How to Find an Attorney to Sue TN State Medicaid for Injuries and Civil and Constitutional Rights Violations?

I live in Tennessee. I'm a disabled adult on SSI and Medicaid (Tenncare). I am disabled by fully treatable, even curable health conditions caused by my underdeveloped jaws compromising my airway-breathing and sleep. I am not able to receive rehabilitative care (aka "medical... View More

James L. Arrasmith
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answered on Jun 1, 2024

Finding an attorney for your situation can be challenging, but there are steps you can take to improve your chances. Given your circumstances, you should look for attorneys with experience in civil rights, health law, and possibly public interest law. These areas cover issues related to Medicaid,... View More

1 Answer | Asked in Civil Rights for California on
Q: A PROCESS SERVER who enters a residence and people are injured, does that qualify for a police report?

when this process server forced his way in, he says that he has a gun, I tell him you better get out, then I kicked him right out the door, injuring myself, as the police came and question the person, they came back to my and were laughing saying that he made a mistake , I tried to get a Pollice... View More

James L. Arrasmith
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answered on Jun 1, 2024

Under California law, the actions described involving a process server forcing entry into your home, threatening with a gun, and causing injury warrant a police report. Forcibly entering a residence, making threats, and causing injury are serious offenses that need proper documentation and... View More

2 Answers | Asked in DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: How does a DWLS enhancement work when the suspension was based off an FR issue connected to an old DUI?

My license was suspended due to failure to maintain FR insurance on a date that was actually over 3 years since the DUI. The state is charging me with a 3rd offense or DWLS. I'm under the impression that an FR infraction tied to a DUIb would not apply. The officer also searched my vehicle... View More

James L. Arrasmith
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answered on Jun 3, 2024

Your situation involves several legal complexities, and it's important to address each part carefully. A DWLS (Driving While License Suspended) charge enhancement depends on the specifics of your previous offenses. If your suspension is due to a failure to maintain FR (financial... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: What can I do about a landlord withholding my mail from me?

It's one letter from a University (federally funded) and the California DMV. I also never officially had an agreement, contract or arrangement with the landlord as I lived in their detached garage for free. Said garage is not safe to live in, (Lacked windows, proper doors & locks,... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

As a practical matter, being worried about your status affects all that you do or could do. If jeopardizing that status is the primary concern, get out of there. Interfering with the delivery of USPS mail is a Federal criminal offense. You can report it to the post master. Of course the best course... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: What can I do about a landlord withholding my mail from me?

It's one letter from a University (federally funded) and the California DMV. I also never officially had an agreement, contract or arrangement with the landlord as I lived in their detached garage for free. Said garage is not safe to live in, (Lacked windows, proper doors & locks,... View More

James L. Arrasmith
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answered on Jun 1, 2024

If your landlord is withholding your mail, this is illegal under federal law. It is a crime to interfere with mail delivery, and you have the right to receive all your mail, regardless of your living situation. You should contact the U.S. Postal Inspection Service to report the withheld mail.... View More

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2 Answers | Asked in Civil Rights, Criminal Law and Domestic Violence for Massachusetts on
Q: statemnt under the grand jury oath perjury if officer provides facts different from what is stated in the police report

Is a statement under the grand jury oath perjury if the officer provides false facts than what is stated in the police report

The police report contains different facts, while the affidavit presents consistent information; however, the grand jury minutes contain false information.

John Michael Frick
John Michael Frick
answered on May 31, 2024

It is not uncommon for a witness testifying live to give a different version than what is set forth in an earlier report or affidavit. It can be faulty recollection, nervousness testifying live, embellishment, or a deliberate falsehood.

Knowing false testimony of a material fact can be...
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2 Answers | Asked in Civil Rights, Criminal Law and Domestic Violence for Massachusetts on
Q: statemnt under the grand jury oath perjury if officer provides facts different from what is stated in the police report

Is a statement under the grand jury oath perjury if the officer provides false facts than what is stated in the police report

The police report contains different facts, while the affidavit presents consistent information; however, the grand jury minutes contain false information.

James L. Arrasmith
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answered on Jun 3, 2024

If an officer provides false facts under oath to a grand jury, it could be considered perjury. Perjury occurs when someone knowingly provides false information while under oath. This is a serious offense because it undermines the integrity of the judicial process.

In your case, if the...
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3 Answers | Asked in Criminal Law, Car Accidents and Civil Rights for California on
Q: Can I sue the CHP?

My son was the fatality in a tragic accident. On his Motorcycle one block from home a driver making a left turn did not see him. He was hit run over and became pinned under the vehicle. Their report says my son was speeding 50mph and rear ended the vehicle. Witnesses, 911 callers, neighbors, fire... View More

James L. Arrasmith
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answered on May 31, 2024

I'm deeply sorry for your loss. You might have grounds to sue the California Highway Patrol (CHP) if you believe they mishandled the accident investigation or violated procedures. The actions you described, such as moving your son's body before the coroner arrived and clearing the scene... View More

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3 Answers | Asked in Criminal Law, Car Accidents and Civil Rights for California on
Q: Can I sue the CHP?

My son was the fatality in a tragic accident. On his Motorcycle one block from home a driver making a left turn did not see him. He was hit run over and became pinned under the vehicle. Their report says my son was speeding 50mph and rear ended the vehicle. Witnesses, 911 callers, neighbors, fire... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

My condolences for your loss, an awful tragedy. Many vehicles offer little regard to the 2 wheeled conveyances and the operators of the 2 wheeled conveyances receive the most serious injuries. But you are not bound by what the CHP wrote in the accident report as the person at fault. CHP did not... View More

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3 Answers | Asked in Criminal Law, Car Accidents and Civil Rights for California on
Q: Can I sue the CHP?

My son was the fatality in a tragic accident. On his Motorcycle one block from home a driver making a left turn did not see him. He was hit run over and became pinned under the vehicle. Their report says my son was speeding 50mph and rear ended the vehicle. Witnesses, 911 callers, neighbors, fire... View More

Joel Gary Selik
Joel Gary Selik
answered on May 31, 2024

What a horrible tragedy. I am so sorry for your loss.

Any case against the CHP would be very difficult for many reasons. First, there is a six month claim submission deadline (though, if there are federal questions, the time limit may be longer). Further, the actions of CHP were likely to...
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2 Answers | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: In incident happened with my emotional support dog and security. Property mgr gave me notice to get rid of the dog. Then

A verbal statement saying dog could stay. Started procedures to have my 32 yr son to move in end of June. Now MGMT states he would have to be a live-in attendent but he wants to do other kind of work. Been having issues with MGMT since Jan. I feel like I am being harassed and my civil rights are... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

Your LL is violating your rights as a physically disabled individual, particularly with respect to having a live in aide. The LL is not able to dictate the terms of your arrangement with the aide, nor can the LL prevent the aide from seeking additional employment for personal support. Thanks for... View More

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2 Answers | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: In incident happened with my emotional support dog and security. Property mgr gave me notice to get rid of the dog. Then

A verbal statement saying dog could stay. Started procedures to have my 32 yr son to move in end of June. Now MGMT states he would have to be a live-in attendent but he wants to do other kind of work. Been having issues with MGMT since Jan. I feel like I am being harassed and my civil rights are... View More

James L. Arrasmith
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answered on May 30, 2024

Based on the information you provided, it seems like you may have a case for housing discrimination and violation of your rights under the Fair Housing Act (FHA) and potentially the Americans with Disabilities Act (ADA). Here are a few points to consider:

1. Emotional Support Animals...
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1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: Unlawful entry to my home without asking. Police said nothing they could do can I sue
James L. Arrasmith
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answered on May 29, 2024

If someone entered your home without your permission, you might have grounds to take legal action. Trespassing is generally considered a violation of your rights as a property owner or tenant. You can sue the person who unlawfully entered your home for trespassing, invasion of privacy, and any... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: if you were taken to jail. can the arresting officer throw out your property ie phone/backpack while you are in jail?
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answered on May 29, 2024

If you are taken to jail, the arresting officer cannot simply throw out your property, such as your phone or backpack.

Typically, any personal belongings you have at the time of your arrest are taken into custody and logged as part of the booking process. These items are usually held...
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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: I have been discriminated on and against since 2002, and have not figured out, till of recent, that I had Executive

Branch (of U. S. Federal Government) economic sanctions put on me, from 2001-present. I made a visit to a branch FBI field office, only to be interrogated, and turned away. Without wanting to view my information I brought there. And, a brushed off experience I got at the U.S. House Congress... View More

James L. Arrasmith
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answered on May 29, 2024

To address the discrimination and economic sanctions you've faced since 2002, you may consider taking legal action to challenge the treatment you've received. Documenting all incidents and communications, especially those involving the FBI and the U.S. House Congress Representative, will... View More

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