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Your current state is Virginia
I am working on a recall election initiative under Florida Statute 100.361 against the city's mayor. We created bumper stickers with a slogan using our municipality's logo, which had a trademark that expired in 2013. The city still uses the logo and denied us permission to use it, citing... View More 
answered on Apr 22, 2025
There are 3 types of trademark protection: federal, state, and common law.
Federal law protects your registered trademark in all 50 states.
State law protects your state-registered mark within the boundaries of that state.
Common law protects the geographic area within which... View More
I was convicted of assault with a device resembling a weapon in Rhode Island in 2014. I have completed all terms of my sentence and have had no legal issues or convictions since then. How can I get my gun rights restored?
answered on Apr 15, 2025
The answer to your question is complicated and uncertain.
In Rhode Island, whether a resident with an expunged felony conviction can legally possess a firearm depends on both state and federal law, as well as the specifics of the expungement.
Rhode Island State Law
•... View More
I am involved in a legal case where electronic surveillance search warrants for cellphone location data were granted on August 13, 2024, and August 20, 2024, by the same judge. The warrants are supposed to cover GPS phone location data from April 13, 2024, to the present date. The officer who... View More
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answered on Apr 15, 2025
What kind of legal case are you in? Criminal would involve an indictment and you might file a motion to suppress evidence elicited through the SW. But going after both SWs as illegal will probably fail as they sound based on probably cause. Your lawyer needs to start representing you. You... View More
I have been charged with possession of CDS, distribution, wandering, and possession on school grounds. However, nothing was found on me. During the process, the city police confiscated my girlfriend's car and executed a warrant to search my mother's home, but nothing was found at either... View More
answered on Apr 12, 2025
You need to do the only thing you can do when you are charged with a crime: hire a lawyer. The State feels its so important that you have a lawyer they will even pay for one for you, called the public defender if you make 125% or less of the poverty level. If you can afford a lawyer set up one... View More
I was falsely accused of trespassing and discriminated against by a staff member at a homeless shelter. The staff called the police on me, and I was threatened with jail time by both the staff and police, even though I didn't sign any documents or have my side of the story heard. There were... View More
answered on Apr 9, 2025
You don't mention why you believe you had authority to be there. A shelter is certainly not a facility where just anyone can walk in. Any establishment can prohibit any one from entering its property. Feel free to contact some discrimination attorneys. I am not a discrimination attorney.
I was pulled over in Mount Park, Oklahoma, for having people ride in the back of my truck inside the truck bed. I believe the officer violated my Fourth Amendment rights as, from my research, it's not illegal in Oklahoma to have people ride in a truck bed. Additionally, I was issued a ticket,... View More
answered on Apr 7, 2025
4th amendment protects from unwarranted searches and seizures. From initial observations, Mountain Park has a municipal ordinance prohibiting this, that is why you did not see it in the Oklahoma Statutes. Furthermore, if the passengers were minors who were not "secured" properly, they... View More
During a DWI stop in Texas, I was informed of my rights and did not refuse any tests, even offering to take a breathalyzer. However, the officer insisted on a blood test without showing a warrant or explaining why a blood test was necessary. He stated that he didn't need to show me a warrant.... View More
answered on Mar 27, 2025
NO!
The only way that officer is correct is if you had a car wreck and someone was hurt.
Even then, he needs a warrant.
If they took your blood and are prosecuting you for DUI, you must object and have your attorney know what you have asked here.
If it was my case,... View More
During a DWI stop in Texas, I was informed of my rights and did not refuse any tests, even offering to take a breathalyzer. However, the officer insisted on a blood test without showing a warrant or explaining why a blood test was necessary. He stated that he didn't need to show me a warrant.... View More
answered on Mar 28, 2025
The officer cannot legally require a blood test under the circumstances without a warrant.
He can ask you for a blood sample. The State can suspend your drivers' license under our implied consent law if you refuse. But the officer cannot legally take a blood sample from you without... View More
I was arrested in 2012 and received a civil ordinance ticket for drug paraphernalia as a green card holder in Illinois. I want to apply for naturalization but am concerned about whether this civil ordinance violation will affect my application. I never faced a court date, jail time, or entered a... View More
answered on Mar 27, 2025
A 2012 civil ordinance violation for drug paraphernalia, while seemingly minor, could potentially impact your naturalization process. USCIS considers your moral character over the statutory period, typically the five years preceding your application. While a single, isolated incident without a... View More
My son is being accused of a crime committed when he was a teenager. Recently, at age 19, he was brought in by police for questioning. He informed the detective that he would not speak without his lawyer present, and his lawyer was already in contact with the office. Regardless, the officer claimed... View More
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answered on Mar 25, 2025
It very well could be. If the questioning and the demanding of the cell phone password occurred after your son invoked his right to counsel, then it's potentially a violation of his 5th and 6th Amendment rights. However, an experienced attorney would need to review the evidence before drawing... View More
In Texas, the Tort Claims Act states that a government entity does not need to disclose details or the extent of its insurance coverage. I believe this violates my constitutional right to due process according to both the U.S. Constitution and the Texas Constitution. The University of Texas Medical... View More
answered on Mar 24, 2025
There is no constitutional right that requires a government entity or other party to disclose the extent of its insurance coverage. In cases like your, the existence or non-existence of insurance coverage will almost always be inadmissible as evidence. This is particularly true if, as the... View More
I am a felon whose citizenship rights have been restored pursuant to T.C.A. § 40-29-101 and T.C.A. § 40-29-107, including the right to vote, serve on a jury, and eligibility to possess a firearm under T.C.A. § 39-17-1307(b)(1), effective as of March 7, 2025. My charges included 2 counts of... View More
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answered on Mar 23, 2025
It is possible that your firearm disability in TN is removed. But since the conviction is not expunged, anytime you are accosted by LEOs, with a firearm, you will be at least detained if not arrested. There are also age requirements involved, and possibly some other incident in your life may... View More
I own a free-speech, privacy-first platform where users can upload various files, including images. The website uses Artificial Intelligence to detect and flag potentially illegal content, such as CSAM, to prevent uploads or flag for manual review. The flagged content is stored for 24 hours for the... View More
answered on Mar 21, 2025
Great question! Flagging the content for 24 hours for review is not going to trigger liability for you, because at that point the legal status of the content is still pending verification, and you haven't obtained actual notice of anything illegal. But once you do verify it and find that it is... View More
While camping on a river, a game warden approached me and suspected us of trespassing. During our conversation, I was getting a cigarette from my pack when he demanded to see it and subsequently found an illegal substance. He searched without a warrant and based on his suspicion that we were... View More
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answered on Mar 22, 2025
You have a lawyer, so explain the circumstances of the encounter to your lawyer. They'll be able to review the officer's account of the interaction and compare it with your own recollection. If they determine that there was a possible 4th Amendment violation they can file a motion to suppress.
I am looking for recent rulings in the Marcus Mays case by the Florida Supreme Court concerning the unconstitutionality of the PRR, which might make his sentence illegal. This is important to me because I am facing a similar situation.
answered on Mar 19, 2025
I looked at the Marcus Maye decision in the district court and listened to the recent oral argument before the Fla S Ct. The DCA opinion reviewed the denial of relief filed by a person whose case is from 2003. The DCA said PRR sentence was good. Fla S Ct oral arguments dealt with issues such as... View More
I am Rhonda K Davis, representing myself pro se in a case against the City of McLendon Chisholm and multiple defendants, filed under case number 3:2023cv01994 in the U.S. District Court for the Northern District of Texas. My complaint involves issues under the Fair Housing Act, including fake... View More
answered on Mar 19, 2025
It is highly unlikely you will receive pro se assistance on an FHA case against a City or any government employees. The City itself, and any employees of the City sued in their official capacity or for actions taken in their official capacity, are most likely immune from a suit under the FHA.... View More
I live in Oklahoma, and my son's father recently married another woman, seemingly committing immigration fraud. We have been living together for several years, sharing a home and finances, and Oklahoma recognizes common-law marriage. I have evidence of our cohabitation, like shared bank... View More
answered on Mar 17, 2025
Oklahoma is & is not a common law state -- There are still requirements to be met for the 'non-ceremonial' marriage (which is the closest thing to common-law) - Based on the limited facts you stated, it would be hard to meet the burden of proof to actually depict such. Having a child... View More
The Fairview Police Department was called for a disturbance within city limits, the sheriff’s office was never dispatched or notified for assistance, yet they interjected themselves anyways. They refused to identify themselves while body cams were being used and only once a third party recorded,... View More
answered on Mar 13, 2025
I assume you are speaking of Major County sheriff deputies as you mentioned Fairview. A common misconception is the only law enforcement agency that has jurisdiction within city limits is the city themselves. However, this is incorrect. The City of Fairview is located inside Major County;... View More
I believe my Fourth Amendment rights were violated on October 4, 2024, when public safety officers beat me, refused to give me water, and scarred my face. I'm currently involved in a criminal case related to dumpster diving, which is being handled by a public defender. I haven't taken any... View More
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answered on Mar 12, 2025
I'm sorry to hear about the mistreatment you experienced, and I can understand how distressing it must be to feel that your rights were violated in such a serious way. In New York, the legal timeframe for filing a civil rights lawsuit related to a Fourth Amendment violation, such as excessive... View More
I have a non-violent felony conviction from over ten years ago and have not pursued any legal proceedings since. I'm inquiring about the impact of the United States v. Duarte ruling by the 9th Circuit on my ability to own a gun. Can I now legally own a firearm?
answered on Mar 11, 2025
It is uncertain how a 9th circuit case would impact someone living in the 7th circuit or any other circuit, until the S. Ct. hands down a ruling. Regardless, you may want to consider expunging your felony conviction and then going through the process of restoring your rights under IN law. This... View More
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