Get free answers to your Civil Rights legal questions from lawyers in your area.
Your current state is Ohio
Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More 
answered on Jul 8, 2024
My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.
The ability of local police to arrest someone for an alleged crime like assault that occurred on Native... View More
Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024
Yes, you can be arrested by local law enforcement even if an altercation happens on Native American owned land. Tribal land has a unique legal status, and the jurisdiction can be complex, involving tribal, federal, and sometimes state laws. However, local law enforcement often has agreements with... View More
I've lived with my bf for over a year. Whenever we argue he kicks me out..sometimes for days. I have to sleep in my car with my two dogs. I dont work so I have no money. Sometimes I'm stuck for days without food or anyway to communicate with anyone (he takes my phone) . He also throws... View More
answered on Jul 5, 2024
While you can get a protective order from physical violence and the destruction of your property, that will require you and your boyfriend to live apart.
Legally, it sounds like the best thing for you to do is to secure a job, find another place to live, get your license reinstated, and... View More
and common areas. In front of their door has a hallway and is recording them without their consent Tenants in the apartment complex feel violated about this aggressive action of this tenant. They are running a business out of their apartment and the Property management is turning a blind eye. The... View More
answered on Jul 4, 2024
Thank you for your question!
CA Penal Code 632 section(c) has excluded communications that a person reasonably does not expect confidentiality. This statute does not seem to apply to your case because no one expects full privacy in the common area of the apartment complex.
If... View More
My brother is in jail on a drug charge the DA isn't accepting any pleas due to him being part of an ongoing investigation, how long can they prevent him from finishing up the charges he is being held in jail for? They keep resetting him rather than offering him anything and letting him sign... View More
answered on Jul 3, 2024
At any time, even without a plea bargain in place, your brother can enter a plea of guilty and ask to be sentenced by the court. This is called an "open plea." The judge will then determine his punishment within the range of punishment for the offense and he will receive credit for the... View More
My son was in an altercation at school with a student that was calling my son racial slurs. My son lost his temper and him and the boy got into a fight. The boy family is taking the school and me and family to court claiming my son attacked the boy. The boy continued to call my son racial slurs... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024
Based on the situation you've described, here are some steps you might consider taking:
1. Seek legal representation: It's crucial to find an attorney who specializes in both family law and civil litigation, preferably with experience in cases involving minors and school-related... View More
I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?
answered on Jul 1, 2024
To prohibit you from talking "about [absolutely any] issues concerning fire protection" seems incredibly broad and unrealistic. As with any organization, some matters may need to remain confidential. For example, city council members may be briefed concerning lawsuits against the city.
I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024
Under California law, as a member of a local Fire District Board, you do have First Amendment rights, but they can be subject to certain restrictions. Public officials, especially in their official capacity, may face limitations on their speech to ensure that they represent the board and the... View More
I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?
answered on Jul 4, 2024
It's possible it could violate First Amendment rights, but it would be difficult for attorneys here to make that determination without knowing more about the basis for their approval measures (public safety, firefighter safety, security, or possibly no valid basis). A meaningful analysis would... View More
“ You are not a tenant at the apartment. It’s not my apartment I do not live there and you stayin there is not allowed. I am not a tenant and you are not one either there was no rental agreement between us and you are in MY apartment against my wishes. This is an unlawful occupation of my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2024
Based on the information provided, there are several important points to consider:
1. Tenancy status:
Despite not having a written lease agreement, you may still be considered a tenant under California law. If you've been living in the apartment for over 6 months and paying... View More
My daughter ran away, but upon returning home the following day my son's ex manipulates her by saying she was not allowed to come back home. She tells my child if someone sees her cps and police will be called to take her away. The ex girlfriend then relocates her to another location,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2024
1. Document everything: Compile all evidence, including witness statements, timelines, and any communication with the ex-girlfriend. This documentation will be crucial for any future legal action.
2. Escalate within the police department: Request to speak with a supervisor or the chief of... View More
It's turned people against me. She won't stop. Caused severe depression. Physically sick from her accusations
answered on Jul 1, 2024
Yes if police believe him and take action that causes you compensable damages (like placing you under arrest), you can sue her for those damages. Because there is a privilege to report to police a crime you think happened, you will need to prove that she knows you didn't kill him and is... View More
I would also like to get my rights back to bear arms… in Florida… how successful is it with a specialized attorney in actually getting your gun rights back… with no violence and no gun charges in my history…?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024
In Florida, felons are prohibited from possessing firearms, including black powder pistols, regardless of how old the convictions are. This includes firearms defined under federal law, and black powder pistols fall into this category. So, you cannot legally own a black powder pistol for home... View More
I had a moped scooter parked on a public roadway legally for no less than an hour only for me to return and my vehicle was on a dump trailer as trash under the direction of the police department. They refused to even check the vin number and return my property
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024
If your moped was parked legally and had proper registration, the police should not have disposed of it as trash. It's essential to understand your rights in this situation.
First, gather all relevant information, including photos, any parking signs, and the exact location where you... View More
I was reported to the police department that I had pointed at gun at a citizen that was not true. I was approached by several officers with their guns drawn. It was discovered that I had never had a gun and that those that reported that I did reported it because of my race. The officers then... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024
I understand this is a serious and sensitive situation. To file a civil suit against a police department and those who made a false report, you should consider the following steps:
1. Document everything: Gather all evidence, including the body cam footage, arrest records, dismissal... View More
The judge required that the defendant Cease and Desist mentioning me in any manner on social media posts, including YT. The defendant filed a motion to dismiss, stating that she has freedom of speech and can say whatever she wants. I need to file a response, but I have no idea how to respond. I am... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024
Your situation sounds challenging and concerning. Here's some information that may help you formulate a response:
1. Freedom of speech is not absolute: While the First Amendment protects free speech, there are limitations, especially when it comes to harassment, stalking, and... View More
Its was 2 against 1 i had no chance of defending myself, which means it was planned no officer of the law or emt attended to my injuries instead I was told to leave the lantern house shelter for 3 years before i was able to come back its there purposely keeping me from getting the xrays and mri... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024
I understand you're describing a serious incident that occurred on September 11, 2019 at the Lantern House shelter, where you were assaulted by two individuals. This sounds like a very distressing and traumatic experience. I'm sorry to hear you went through that.
Based on what... View More
I have waited 113 days for an evaluation to take place and finally a doctor called me to do a video conference to complete the evaluation. I have found that she is a licensed psychiatrist but is not licensed in this state only in two other states does this seem like a legitimate situation? I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024
This is a complex situation that raises several important legal and procedural concerns. Here's an analysis of the key points:
1. Competency evaluation timing: The 113-day wait for your evaluation is significant. Many jurisdictions have specific timeframes for competency evaluations,... View More
If opposing counsel is pro se with a durable power of attorney instrument (which grants specific powers to the agent to explicitly handle, discuss, manage, and correspond on behalf of the principal) is the opposing attorney required to correspond with the POA the same as he would the principal?... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024
This is a complex legal question that touches on several areas of law and professional ethics. Let me break down the key points:
1. Generally, attorneys are not required to communicate with third parties who are not attorneys or their clients. However, there are exceptions.
2. When... View More
When I was 17 I was charged with a few different crimes in adult court in Nebraska. Some news articles were posted about me and 3 others with my name stated in the news articles. My case was then moved to juvenile court because I was a minor. However, these articles still contain my full name and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024
This is a complex legal situation that involves the intersection of juvenile justice, media law, and privacy rights. Here's a general overview, but please note that for definitive advice, you should consult with a lawyer who specializes in this area of law in Nebraska:
1. Juvenile... View 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.
