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Constitutional Law Questions & Answers
Q: Does what the attorney general said recently count as a general threat to public safety and if so can anything be done?

Bar said something along the lines of that people who don’t “support and respect” the cops “might find themselves without the police protection they need.” This was all framed in a context of political decent.

For our attorney general to say that feels like a threat especially... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 6, 2019

What the Attorney General said was both inappropriate and highly improper, in my opinion. What you can do is make your voice heard in the ballot box next November at the next presidential election by choosing a candidate who will not keep this particular attorney general in his position. The only... Read more »

1 Answer | Asked in Constitutional Law, Intellectual Property and Small Claims for Washington on
Q: So if someone who I live with who I have no relationship to, violates my 4 amendment right, can I create a case?
Tim Akpinar
Tim Akpinar answered on Dec 4, 2019

The Fourth Amendment applies to unlawful searches or seizures on the part of the government. Your situation sounds like a civil matter between two individuals. Keep in mind that whatever legal remedies might be applicable here that a Washington attorney could advise about, it could be... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Hi, I was recently involved in a civil trust litigation case. My oppositions attorney worked for the judge sitting the

The opposition's attorney previously was employed by the judge sitting the case law firm. The judge owns and worked at his firm before he became a judge. Is this a conflict of interest??

Louis George Fazzi
Louis George Fazzi answered on Dec 3, 2019

You may want to request the judge recuse himself from hearing the case, due to the appearance of a conflict of interest. You should discuss this with your own attorney, who must decide within 15 days of notice of the assignment of the case to that judge whether to strike the judge pursuant to Code... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Wrongful Death for Kentucky on
Q: Emt drivers failed to shut my gate to my house after leaving allowing my daughter to get out and get in my car and pass

They allowed my daughter out of my house and gate I use to keep her from leaving and out of danger since they left it open my daughter was able to get in my car and pass away from hyperthermia

Timothy Denison
Timothy Denison answered on Dec 2, 2019

Substantially more facts are needed to make a determination regarding liability.

1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: A few months ago, while walking at night I was stopped and questioned for failure to have reflective gear.

I did find out that there is no city ordinance or county ordinance or law that states it is mandatory or necessary. I

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 2, 2019

More information is necessary. There is a difference between being stopped and being cited/ticketed. Please provide a clarified question, and I or one of my colleagues will be glad to provide you with an answer.

We are glad to assist you. I wish you well.

-The Upshaw Law Firm, (770)...
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1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Q: How can I get review of newly discovered evidence that shows I was sentenced based on false
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 27, 2019

A criminal attorney can file for post conviction relief.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Constitutional Law for Kentucky on
Q: Hello, I was wanting to know the minimum and most amount of time it could take in Ky for a inmate to get pretrial .?

Criminal Defense case

Timothy Denison
Timothy Denison answered on Nov 25, 2019

On the average, about 60 days.

2 Answers | Asked in Bankruptcy, Business Law, Civil Rights and Constitutional Law for California on
Q: Shay from Pro_Hydro Ihave a civil matter current with bribes over my head and want to run leins on commercial props.

Its State & Federal and its quadzillions well more but yah and from start of filing tell now with being served it's still going on so I thought leins to start asap Motel , Parking garage and cars and 2 check cashing stores

Timothy Denison
Timothy Denison answered on Nov 23, 2019

What is your question?

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1 Answer | Asked in Constitutional Law on
Q: I have a long question about constitutional law. Its more a theory i want to run by someone. How can i ask this?

My question is in regards to interpretation of the 2nd amendment.

Tim Akpinar
Tim Akpinar answered on Nov 23, 2019

A long question like that could lend itself more to a discussion than a brief short answer like the format on this Q & A board. You could try contacting law professors who teach Constitutional Law, or maybe legislators. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: If a cooperating defendent makes a controlled phone call and the police listen

Police listen and record call without a judges ok can they use it for probable cause to stop , pull me out of my truck,take my keys,bring me 2 cars away, search locked bank bag and safe, then seized my money?

Stephen Shaiken
Stephen Shaiken answered on Nov 23, 2019

The general rule is that a warrant is required to listen on phone calls, but there are exceptions. One would be if the police utilized an informant to place the call. As for the vehicle stop and search, it's impossible to say whether the police had probable cause, as we don't know what they alleged... Read more »

1 Answer | Asked in Immigration Law and Constitutional Law for Texas on
Q: I have a fact pattern. But I’m confused on where to research first. Here’s the question.

Edit: The Question: Does § 1301 violate separation of powers and federalism concepts?

Under § 1301. Each high school principal shall certify to the Secretary of Homeland Security, for each Islamic and/or Latina immigrant student graduating from the school, that the student has... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 22, 2019

What is the question?

1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Intellectual Property for California on
Q: Can I sue California for discrimination and unconstitutional gun laws?

The state gun laws do nothing for the law abiding citizen and make it easier on criminals to attack citizens. I feel discriminated against as a law abiding citizen. The people responsible for making every gun law don't have enough knowledge and experience with firearms. I've recently just found out... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You can challenge a law as being unconstitutional if you have been concretely and particularly injured by the law. The interpretation of the Second Amendment is in question right now, and there is a great deal of litigation involving the interpretation and extent of the Amendment.

For a...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Louisiana on
Q: If you have a PO on someone. Can they stand outside your window and video record you .
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 15, 2019

No. Call the police and show them your protective order.

2 Answers | Asked in Constitutional Law, Criminal Law and Traffic Tickets for Georgia on
Q: Is a speeding ticket civil, criminal, or quasi criminal in Georgia?
E. Morris Margulis
E. Morris Margulis answered on Nov 14, 2019

A speeding ticket in Georgia is misdemeanor crime, although the penalties for a first, life-time speeding ticket in Georgia are capped below the standard maximum penalties for misdemeanors. See O.C.G.A. § 40-6-1.

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1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Someone has a federal Case open and is visiting someone else’s house can the Police pop up and search that certain house

The person got caught and has been charged for federal trafficking

Gary Kollin
Gary Kollin answered on Nov 12, 2019

It seems they did

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Securities Law for Florida on
Q: Which legal platform needs to be used : Small Claims, Civil or FINRA for this? Claim can range from $5000 to $50000

I have an account with a brokerage firm and they have wrongfully escheated and sent my money to Department of Financial Services (Escheatment) in Florida. On enquiring, I have learnt that they have failed to follow the Due-diligence as per Florida Statues 732 and 717 and have also violated 17 CFR... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2019

You cannot sue the State of Florida--or the Florida Department of Financial Services--for punitive damages under any theory of law. Sign the settlement agreement and accept the $100 Florida apparently owes you.

1 Answer | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: How does a citizen get help when a officer enters property with no reason

A officer pulled into a private drive way and questioned the 2 men in the truck and physically pulled them out of window put in police car and took to jail, NO CRIME WAS COMMITED No one called ask for police to pull in to property, pleaced the passenger on a outrageous charge of Cocain not a drop... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2019

It may well have been a legal stop, but a motion to suppress should be plead anyway. The LEO will claim he had knowledge of a contraband transaction, and apparently he was correct. The Defendant needs a competent attorney.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: Can someone refuse a lie detector test if so can they refuse with police involment.

What happens if refuse with police involment

Gary Kollin
Gary Kollin answered on Nov 11, 2019

I do not understand what "with police involvement" means

Anyone can refuse a polygraph

I suggest contacting an attorney before you talk or take any action

1 Answer | Asked in Constitutional Law for Maryland on
Q: Under the 5th Amendment an individual who is placed under arrest has the right to an attorney...

During questioning. What attorney would be appointed during questioning? In the state of Maryland (where I reside), a public defender (attorney assigned to the poor to represent them at trial) cannot be contacted/assigned until the accused has received charging documents. So in this case... In... Read more »

Mark Oakley
Mark Oakley answered on Nov 10, 2019

It is not a right to immediate appointment at any time you are prepared to answer questions. It is a right NOT to answer questions without legal representation present. Therefore, you exercise this right by remaining silent. The police may not question you against your will at any time. Once you... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: I opened a case in Grayson county Ky for a defacto custody and it was put off while an illegal adoption took place.

The adoption got overturned but to this day I have not had mt day in court. I have a right to call m witnesses and present my case and was denied that right. I would like to sue for violation of my constitutional rights.

Timothy Denison
Timothy Denison answered on Nov 9, 2019

You need to hire an attorney to prosecut it for you. Pro sexlitigants rarely win anything.

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