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Constitutional Law Questions & Answers
1 Answer | Asked in Consumer Law, Communications Law, Constitutional Law and Small Claims for California on
Q: I booked 14 days at an inn, I stayed 6 days only, receptionist gave no receipt saw receipt on email was charged fully

I originally booked 14 days at an inn. I checked in and I was charged the 2 weeks right away. I asked if ever I decided to check out early is there refund. Guy said yes. On the 6th day, I told the receptionist I'm checking out and gave the card keys. Receptionist said I'm good to go... Read more »

William John Light
William John Light answered on Feb 28, 2021

Small Claims is an option. However, if you booked through a third party, like Booking.com or similar, I don't think you can get your money back.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Do I need a person's i.d. to report that they stole my vehicle when I gave they're first last name and d.o.b. and addres

Well my vehicle that I had just purchased and at the time due to the coronavirus wasnt able to register it in my name yet but had bill of sale and paperwork was stolen and traded but at the time people who stole it said they had it towed away so I made a police report and when the investigator... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

if/when you report a theft it is not up to you to determine the dob or cdl of the victim.

that is what the police are supposed to do........

1 Answer | Asked in Consumer Law, Employment Law, Constitutional Law and Employment Discrimination for Illinois on
Q: Hello. I haven't received my rise due Dec 2020. Also construction going on was sent home without pay. Miriam

I was FT now PT due to coronavirus Manager cut my hours to 60. I tried unemployment. I was denied because Manager gave me 21 hours a week since pandemic should've have been 20 or less a week. Also I get no Holiday pay when I worked FT. I had to use my vacation time for Holidays to get paid.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

as to unemployment, some changes are being made so that federal benefits may be applied for.

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Someonr threatening as boss of the girl whom im contacted for escorts service. He told he will compliant to police.

But i didnt sent money anyone. I inquired couple of girls based on details provided in adultsearch. He told he already have my address and my family details. I already sent 1500$ to him.

Teri A. Walter
Teri A. Walter answered on Feb 26, 2021

This sounds like a scam. Stop sending money, and stop communicating with that person.

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for West Virginia on
Q: My son was arrested by the wv state police when they stop him they handcuffed him then beat him,

Who can I contact, I feel this is both civil, and criminal

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

Contact the West Virginia Civil Liberties Union. Ask for their "cooperating attorneys" for "police misconduct" cases.

https://www.acluwv.org/

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for California on
Q: Is there any legal standing for harassment protection from being forced to wear a face mask as condition of employment?

I am being forced to wear a mask at my desk. I already got covid and recovered in a couple of days.

Louis George Fazzi
Louis George Fazzi answered on Feb 23, 2021

The short answer is no. Even though you were fortunate to recover from Covid-19, you can still spread the virus to others. Your employer is most likely required by your county health department to continue requiring all employees to wearing a mask if you are otherwise in an indoor, office setting... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for California on
Q: Is it a good idea for defense to introduce court documents as evidence when defendant is moving to suppress evidence?

During cross examination at a special hearing for a search and seizure motion (CASPC 1538.5) to challenge the validity of a search warrant obtained from an unreasonable search and seizure.

Dale S. Gribow
Dale S. Gribow answered on Feb 21, 2021

more info needed.

was he moving to exclude the SAME evidence he was introducing.......?

your lawyer is the best person to ask...........

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1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Michigan on
Q: I'm being Subpoenaed to the grand jury cause my girlfriend and me were In a heated argument and she pulled a knife out

And I spun around and the knife stabbed me but when police arrived at the house I stated that I fell down the steps and now they are pretty much making me testify against her which I don't wish to do cause it could land me in jail also I need an attorney to represent me in this matter so I can... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 16, 2021

You must appear as ordered by the subpoena. "Pleading the fifth" is a lot more complex than most people realize, and it's absolutely not the case where you can just go into a courtroom, say you're pleading the fifth, and just walk out while everyone shrugs their shoulders. If it... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: Can the police search your house without you there
William Bailey
William Bailey answered on Feb 15, 2021

Yes. If the police have a warrant, they do not need to wait until you are home to conduct their search.

1 Answer | Asked in Constitutional Law for North Carolina on
Q: Why did the Supreme Court not get the question as to whether or not a former official may be impeached?
Ben Corcoran
Ben Corcoran answered on Feb 15, 2021

They do not automatically review any legal question. It first must be properly brought before them. Had Trump been convicted, they would have likely heard this challenge, but they will not step in to answer it since he was not.

1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Traffic Tickets for California on
Q: How do I begin a lawsuit 18 usc 1983 against housing authority workers and towing company, police gave tickets wrongly?

California Housing Authority workers towed away car with moving permit from my parking space at apartment complex after about 4 hours, (I was with my caregiver.) Workers did not ask me if car was mine. It was waiting for disabled license plates. VA primary Doctor refused to sign DMV Veteran 100%... Read more »

Louis George Fazzi
Louis George Fazzi answered on Feb 12, 2021

First you find a civil rights lawyer to review your case and advise you if there is potential merit in your claims. Most good civil rights lawyers will know what to do and will advise you based on the facts of your case. You can help yourself by writing a chronology of the events, starting at the... Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: If co defendant is severed and is not testifying, is a text message from their case hearsay?

Co defendant was already prosecuted and sentenced. An Incriminating text message is being used in case against my friend. Without being able to directly question this person, would this evidence be not admissible and hearsay?

David Michael Lehr
David Michael Lehr answered on Feb 12, 2021

It depends:

1) If there a conspiracy charged? Then probably yes.

2) Was your friend in the text (sender or receiver)? Then probably yes.

3) During the preliminary hearing, yes.

4) Otherwise, no.

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1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: Can a judge make u get a lawyer when I waited right and informed I was coming Pro se for a D felony

Resulted from an illegal search and seizure...he conducted search after he told us we were free 2 go

Caroline Bundy
Caroline Bundy answered on Feb 11, 2021

The judge can advise you that proceeding without an attorney may not be the best when faced with a felony charge. In order for you to proceed pro se, the judge has to make sure that you fully understand certain things prior to actually representing yourself and that you have the capacity to proceed... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for California on
Q: Once criminally convicted, does a civil commitment petition need to be dropped?

If someone is incarcerated on a civil petition (6600 SVP) and then gets criminally convicted of a drug crime sometime later, must the court drop the civil commitment once criminally convicted?

David Michael Lehr
David Michael Lehr answered on Feb 10, 2021

6600 starts when a person is leaving prison. If he goes back to prison, the 6600 evaluation will again when he is going to be released.

Remember that the SVP is designed to keep him locked up for life.

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Texas on
Q: Can a jury trial take place in an eviction when the rules of civil procedure and evidence don't apply and in a CC ?
Teri A. Walter
Teri A. Walter answered on Feb 8, 2021

Rules of evidence and procedure will apply in county court for the appeal of an eviction, but jury trials are problematic now. Check with the court to see how your court is handling them.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: If the name in my arrest warrant is not my name is that warrant invalid?
Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 8, 2021

It depends on whether you were actually the subject of the warrant or you have been mistaken for the person on the warrant. There should be some additional information such as DOB, height, weight, etc. The name issue can be cured by issuing a new warrant with the correct name.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Washington on
Q: Trying to have my over 15 year old records sealed and esponge so I can own a fire arm again to protect my family and my

How much is it going to cost and how do I file federal statutes of limitations is way ben up

Jennifer Melissa Azure
Jennifer Melissa Azure answered on Feb 6, 2021

Restoration of your firearm rights, vacating, sealing or expunging your record can all be done in Washington State, but definitely depends upon your history. You can complete the firearm restoration in either the county where the offense was committed, or the jurisdiction you are currently living.... Read more »

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Illinois on
Q: If the President and the Vice President and the Congress and the cabinet all die or are killed who is next in line for
Tim Akpinar
Tim Akpinar answered on Feb 6, 2021

The primary candidates for succession appear to be in Congress or the Cabinet. Here is a wiki resource on the line of succession -

https://en.wikipedia.org/wiki/United_States_presidential_line_of_succession

Good luck

Tim Akpinar

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Can a person who has been civilly convicted also be incarcerated on a separate unrelated criminal charge?

A friend of mine was civilly committed in CA under 6600 SVP over 10 years ago. Recently, he was charged with Sales/Transport and is now under a criminal charge while the civil commitment petition is still active. Does the civil petition need to be dropped in order to continue with the criminal... Read more »

David Michael Lehr
David Michael Lehr answered on Feb 5, 2021

No. They can proceed separately or together.

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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: So if my parents want me to go to a counselor, can they have the police come to our house and forcibly drive me there?

I dont want to go with them

Teri A. Walter
Teri A. Walter answered on Feb 5, 2021

If you are a minor (under 18 years old), then yes, they can do that. You might even find it worthwhile.

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