Lawyers, Answer Questions  & Get Points Log In
Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Arkansas on
Q: Can we be denied the autopsy report if my loved one died in custody of the state?
James E Hensley Jr
James E Hensley Jr answered on Jan 27, 2020

The information below is a general statement regarding autopsy reports. There are forms on the Arkansas State Crime Lab Website that may assist you in obtaining the report. Typically, once the autopsy report is released to Law Enforcement Officials the information is public and you can use the... Read more »

1 Answer | Asked in Constitutional Law for New Mexico on
Q: My mom passed at home in Albuquerque do police automatically have the right to search my home
Tim Akpinar
Tim Akpinar answered on Jan 26, 2020

I'm sorry for the loss of your mother, and that your question remains open for four weeks. Maybe you could repost under Criminal Law, or directly contact a criminal law attorney you find on this site or through your independent search. You're correct in that this is a constitutional law issue, but... Read more »

1 Answer | Asked in Employment Law, Insurance Defense, Personal Injury and Constitutional Law for Georgia on
Q: How do I get my employer to complete part on a form, send to the Long term disability insurance comp? trying for 3 mths

The ins. can't process my claim without it. Been out of work since April 2019 for a disability.

Tim Akpinar
Tim Akpinar answered on Jan 25, 2020

Your post remains open for two weeks. At this point, you could contact Georgia employment law attorneys you find on this site, or through your own independent searches, and discuss the matter in confidence with them. Based on these brief facts, it's anyone's guess why the form has been delayed for... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Criminal Law for Florida on
Q: Why would a police officer show up at my door at 830pm?

I wasnt home at the moment. I was at work but my husband and 2 children were and when answering a knock on the door at this hour by a police officer asking to speak with me, and if I was in the house at the moment? When my husband informed the officer that I was not home and working until late... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 25, 2020

Your husband already solved the problem; all you need to do is hire a criminal defense lawyer before the police come back-early one morning.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Libel & Slander for Minnesota on
Q: Why does this need to be read without consultation concerning the underlying issues that have not yet been addressed?

I was suffering from a period of Incapacity due to third degree burns, burn surgery, and an eighteen month recovery from those burns and the surgery. I could not adequately represent myself. I had my Constitutional rights trampled all over. They did not provide what was subpoenaed for that trial.... Read more »

William Bailey
William Bailey answered on Jan 24, 2020

It sounds like you have a complex civil appellate matter. You should consult privately with an attorney who handles civil rights appeals. You can use the search function on this site and give a few a call.

3 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Texas on
Q: Can I refuse a search of my backpack if someone calls the police on me because they thought I was suspicious?

I was walking with a friend late at night and someone saw me and him and called the cops and they stopped me and questioned me about my bag and wanted to search it and it was 1 am and I told them no and they said usually people let us look if they aren’t hiding something but I wasn’t but I just... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 24, 2020

You have the right to refuse a request to search anytime, anywhere. After any such refusal, law enforcement would have to make the determination if circumstances justified a warrant less search, or if enough evidence existed to obtain a warrant for said search.

View More Answers

2 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: Florida statute 790.053. Is daytime camping (hiking) covered under the open carry exception

I have been combing through the definitions (790.001) and have not found anything that defines camping as hiking with an overnight stay. I have tried looking into the other state laws for definitions and hints for the better part of a week now (like TITLE XVIII PUBLIC LANDS AND PROPERTY) and have... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 23, 2020

When a term is not defined in a statute, courts and administrative agencies use the ordinary dictionary definition. No, hiking is hiking and camping is camping. Also, read in context, the likely legislative intent of the camping exception is to allow camping hunters to have their long guns out... Read more »

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: I bought a home in Florida Volusia county both sides of the house was overgrown with dead trees and vines .

My girlfriend and I spoke with the neighbor at least on four different occasions discussing removal of dead growth on property line neighbor said go ahead I'm too old and have not been able to maintain it so we went ahead and cleaned the line out of the dead brush and trees . This took us at least... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 23, 2020

What is it you want to know? If they sue you for damages, it will be a matter of your word against theirs. And, of course, they will have to prove that the property was damaged in that amount (normally decreased value of their real property). If it was merely dead trees and vines, it is... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: Is the police chief legally able to do this ?

Chief's Message, Wednesday, January 22nd, 2

311.02 SPECIAL EVENTS; PARADES AND ASSEMBLAGES.

(a) Any person, persons, corporation or association desiring to use a public park, street or other public property of the City of Port Clinton to hold an activity or event shall first obtain... Read more »

Matthew Williams
Matthew Williams answered on Jan 23, 2020

Yes, permitting for public events is common throughout the country. As long as it’s done for safety and scheduling’s sake and not used to discriminate, the courts allow it.

2 Answers | Asked in Admiralty / Maritime and Constitutional Law for Nevada on
Q: How are you able to confirm a court is operating under Maritime Law(dry dock) and not Constitutional?

I understand the fringe on the flag, how to confirm it w presiding "judge" while present in court is my goal.

Tim Akpinar
Tim Akpinar answered on Jan 22, 2020

A court does not operate under maritime law, as opposed to other types of law. It operates under state rules of civil procedure, or the Federal Rules of Civil Procedure that ordinarily govern maritime cases filed in federal court. Maritime law can be the basis of the SUBSTANTIVE law issues in a... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Michigan on
Q: How do I get an attorney to represent me in my Habeus case # 19-12248 in district federal, a serious case of corruption?

Too many details in my case, however it started in Montana, and then MI colluded against me. You can bet that big favors were involved.

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

You don't have a right to an attorney at this stage so if you want representation, you'll need to hire an attorney.

1 Answer | Asked in Family Law, Adoption, Civil Rights and Constitutional Law for Florida on
Q: I want to keep my unborn baby out of the system. I have three kids i just had a tpr on... Can i sign baby over to dad?

Im in florida. The father has no criminal history and makes great money and dorsnt do drugs. Cant i just sign the baby over before ots born to avoid it going into the system?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 22, 2020

Since you are not married the best thing to do before the baby is born is to make sure the father agrees to claim the baby is his and have the hospital or doctor put his name on the birth certificate. Then you can start proceedings to turn the child over to their legal father.

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Can an 16 yr old carry and own an projectile taser in georgia
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 19, 2020

The answer is No. You must have a permit to own a projectile taser and permits are only given to individuals age 21 and older.

I wish you well.

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

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: ·pc4502 "Prisoner Poss. Weapon" (Dagger) Can officers charge 1 if 2 housed in cell?

Days b4 "John's" controlling charge was dismissed due 2 PD violating his 4th Amendment Right "Illegal Search & Seizure"... C.O.'s searched ONLY ONE cell occupied by 2 inmates "John & Doe", But Only "John" was charged (pc4502)... Report says weapon referred 2 as a "Dagger" (but really a County... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 18, 2020

MORE INFO NEEDED.............THE ANSWER WILL BE FACT DEPENDANT...A LAWYER WOULD HAVE TO REVIEW THE REPORT.

THEY USUALLY CHARGE WITH POSSESSION NOT OWNERSHIP.

WERE BOTH INMATES IN THE CELL CHARGED?

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maine on
Q: How long does 1st appearance in Maine take? Can you go to bathroom in the middle? At what point are you considered done?
William T. Bly Esq
William T. Bly Esq answered on Jan 17, 2020

There is a difference between an initial appearance and an arraignment. An initial appearance is reserved for felony charges. At that hearing, the judge will discuss the charges with you, ensure you understand the maximum penalties allowed by law (if convicted), set bail (if not already set) and... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Wrongful Death for Georgia on
Q: How do you get a coroner to do a inquest when you can’t get them to respond to your phone calls, emails etc?

They have no physical address for a office and has went out of his way to ignore the family for over 3 years now even though they are aware the family does not agree with the findings, has the evidence to prove the cause and manner of death to be different then listed on the death certificate, has... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jan 16, 2020

Georgia Bureau of Investigations

3121 Panthersville Road

DECATUR, GA 30034

Primary: (404) 244-2600

1 Answer | Asked in Criminal Law and Constitutional Law for Washington on
Q: Is a k9 sniff probable cause to seize a vehicle, from Wal-Mart parking lot?

While customers are shopping inside Poulsbo Wal-Mart, an office is outside looking in the windows of parked cars. If he feels necessary he brings his K9 out to sniff. If his K9 "hits" he has the vehicle taken to police station, then applies for warrant.

Patrick Owen Earl
Patrick Owen Earl answered on Jan 14, 2020

Officers can look into cars and if they see something in plain sight that is suspicious they have the ability to investigate. So I haven't researched this issue but it is one looks on its surface that it is fine but I would be interested in what the case law says about it. However, you will need... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: My son was the last person to see someone. Now his a suspect and are insinuating he did something when he didn't. Theve

Lied a lot to us . soddy daisy police department specially on Facebook

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2020

Son needs a competent TN attorney now. Maybe he will never be indicted, but if he does, he will be ready.

Q: Without my notice, my grandfather’s Culpeper VA home was sold by forced partition sale. Do I have any recourse?

Recently I received an email from a paralegal asking if I’d recieved a check. A PDF was attached with a partition sale documents showing my final proceeds to be about 1.5% of my perceived value of the land that had been in my family for decades; after expenses. About 2 years ago my 2 sisters has... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 13, 2020

It is unlikely that you can reverse the process at this late stage, and it will be useful to understand why you ignored the issue so long. But, in many circumstances, Virginia law in partition rulings is not final for two years after the final order. That might help, but you need to start... Read more »

Q: Ok..this idea was originally stole from me by inventionland or davison. We live in a habitat for humanity home....

Now I was told christmas and my birthday the patent along with the buisness is mine I'm ne ceo.... now theres patents for humanity my land lords surely cant steal my riches and my buisness... there're non proffit.... for one thing. And for 2 none of this was or is possible with out me its caused me... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 13, 2020

I am so sorry that you had a bad experience with this firm. I am not familiar with them, but that industry of helping inventors has many bad apples.

There are a number of invention promotion firms that take money from inventors and provide little or no value back. I do not know all these...
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.