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Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for Kansas on
Q: what does it mean to “affirm with like effect”?
Tim Akpinar
Tim Akpinar answered on Sep 25, 2020

A Kansas attorney could advise best, but your question remains open for five weeks. As a GENERAL matter, the passage could arise in the context of having conscientious scruples against taking an oath, but a Kansas attorney should advise on exactly what it could mean in your particular situation.... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: is it illegal to burn a American flag
Ben Corcoran
Ben Corcoran answered on Sep 24, 2020

When done as a form of protest it is considered free speech and to be a political activity, so it is protected by the constitution.

It is also the preferred method for disposing of a flag that has is no longer serviceable, the difference being that it is supposed to be done reverently.

1 Answer | Asked in Constitutional Law and International Law on
Q: In what situation can the Commission President ask one of his commissioners to resign?

Can it happen in a situation when the given Irish commissioner attended a social event against corona rules in Ireland and after that got a call from the Irish Prime Minister asking him to resign?

Tim Akpinar
Tim Akpinar answered on Sep 23, 2020

It might be difficult to get an answer to this question here - this forum deals mainly with U.S. law. Someone familiar with Irish law and government practices would need to answer this. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Privacy online school

Dear Lawyers,

I would like to respect my privacy and not let my school teachers look into my household // room. I'm extremely uncomfortable with the fact that people can look into my house whenever they want. I would like to know if there is a law in California protecting my rights.

Louis George Fazzi
Louis George Fazzi answered on Sep 22, 2020

If you are using Zoom to log in for school, go to the settings in the Zoom application and choose a virtual background so the camera only shows you on screen and your immediate surroundings. Also make sure you are as close to the camera on your computer or tablet as you can be, so you fill the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Tennessee on
Q: Tennessee wants an original police report of a charge I sent a final disposition for from NY 10yrs+ ago for ccw permit

They want to verify that my misdemeanor charge isn't domestic assault or battery but it clearly States on the disposition that it isn't are they allowed because I feel like my rights for fire arms are being suppressed or neglected It's been more than the 60 days they say it takes I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2020

If necessary you will need to file an Action in General Sessions against the State. It is basically a Declaratory Judgment Action pursuant to Statute, and I believe you will need a competent attorney. This will need to be filed very soon.

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Idaho on
Q: Can I be pulled over driving in the bus lane on a sunday night when there are no buses out.
Tim Akpinar
Tim Akpinar answered on Sep 22, 2020

An Idaho attorney would know this best, but your post remains open for two weeks. As a general matter, you could check the signage. As a GENERAL matter, bus lanes sometimes have times during which the restrictions to regular vehicles apply. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for California on
Q: Is it a racial discrimination case to kick me out of a hotel for smoking and covering up a smoke detector with no proof

After they told my girlfriend a hour before that everything was fine then when I arrive at front desk a hour later to ask why my room wasn’t cleaned they say we have to check out and we already paid for the weekend up until Monday this incident happens Friday! So they kick us out with ZERO proof... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2020

It would be racial discrimination if smokers of your race were the only smokers being kicked out of the hotel. You should request a refund of your payment as to the days you did not occupy the room. They may have a policy about extra cleaning of the room if you smoked in it. I understand the... Read more »

1 Answer | Asked in Constitutional Law on
Q: Articles of Confederation weakness and ralated cases??
Tim Akpinar
Tim Akpinar answered on Sep 21, 2020

There's too much material on this to cover in the brief format of this board. Some legal critics felt that the Articles gave too much power to the states. That was one of the fundamental weaknesses cited by many legal critics. Good luck

Tim Akpinar

1 Answer | Asked in Constitutional Law for California on
Q: Can the CA Civil Code 51.7 be used to allow someone to NOT be forced to wear a mask?

I have COPD and have a hard time breathing. My local stores will not allow you in unless you have a mask on.

Maurice Mandel II
Maurice Mandel II answered on Sep 20, 2020

Probably not, because 51.7 incorporates 51, which states: "(c) This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin,... Read more »

1 Answer | Asked in Constitutional Law on
Q: Which constitutional amendment is most meaningful to you and why?

Curious criminal justice student.

Tim Akpinar
Tim Akpinar answered on Sep 20, 2020

If you ask five different attorneys, you could get five different answers. It could depend on what area of law they work in. For attorneys who work with free speech issues, the First Amendment is very important. Criminal defense attorneys refer to the Fourth Amendment for search and seizure issues.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Small Claims for Ohio on
Q: Im renting in ohio. An i allowed to deny a house showing if the realtor doesn't give me a 24 hr notice?

I'm technically in Lorain County. My landlord is cool but the realtor is now getting angry with my bf and I cause we were out of town for a showing that he failed to give a 24hr notice for. He's done it multiple times now and we have pets. What drew the line for him is when we refuse to... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 18, 2020

The realtor has no legal rights and cannot require you to do anything. You don't even have to talk to him if you don't want to. You certainly don't have to leave the key in the box. Ohio law requires a landlord to give reasonable (24 hour) notice of having someone come in for an... Read more »

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New York on
Q: Is it against federal or state law for a police department to ask a civilian to do investigations without compensation
Victor M. Feraru
Victor M. Feraru answered on Sep 14, 2020

I'm not sure what you mean. I'm guess you mean to have someone be a confidential informant and not pay? I'd need more details before I could answer this question.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Virginia on
Q: Hi, I am searching a Pro Bono or an affordable lawyer for an Habeas Corpus!

No one ever comes back to me. It would be a Habeas Corpus for Ineffective Assistance of Counselling. I am searching for a lawyer who can do some Pro Bono work and some paid work, I am fine with this either. You need to be eager to fight and must have the willing to win. I want a release date, this... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

You can file your own Habeas Corpus motion without counsel if you need to. Depending on where you received your sentence, I would look for a lawyer who works in that area in order to assist you with what you may need to have done to potentially help you with the habeas petition and anything else... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Can school districts forcing parents to homeschool (do the teachers job) be considered as forced servitude?

I understand we are in a pandemic, my son has a fairly severe mental handicap, I feel it should be illegal to force me to attempt to homeschool him against my will and without compensation especially when I have absolutely no skill/ability in doing so.

Brent T. Geers
Brent T. Geers answered on Sep 12, 2020

Interesting take. While understandably a hardship, I don't think "forced servitude" covers taking care of your own children. Interestingly, there is no constitutional right to public schools as we know them; if they ceased to exist, all parents would be "forced" into servitude.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Federal Crimes for Louisiana on
Q: Is there any and where do I look for case law to get a better idea of my chances of avoiding the felony/sentence

I was a passenger in a car I was helping transport back to Texas that I was legally borrowing to do repairs to. The driver (I just met) was hired by vehicle owner to help me make the trip, and unbeknownst to me in possession of meth and a R/X pill/s (of which we were both charged because it was... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 11, 2020

You need to hire a criminal attorney to develop a defense. Do NOT give anyone a statement.

2 Answers | Asked in Civil Rights and Constitutional Law for California on
Q: What do I do? I have police lying on reports, the district attorney lying in court. And much more. I have proof of it.

I had a officer refuse to file charges against a person that pressed a gun against my face and he also told me it was legal because I did not show fear. The police will not arrest him even though on the statement he gave to police he stated that he pulled a gun on me and punched my friend in the... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 11, 2020

You need the advice of a good civil rights lawyer. One option you may have is to file suit against the perpetrator for assault and battery. There are some good civil rights lawyers in Fresno. Most good lawyers who handle these kinds of cases give free consultations. If the local DA's office... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Texas on
Q: My husband is on parole he ended up getting a misdemeanor charge in July it was no trespassing hab/shltr/suprfund/Infstr

He has motion to revoke parole & misdemeanor its non violent crime. Is there any motion or legal document I can help my husband with? What can I do to get the parole hold off him?? During this covid virus could that help him in his case 8th amendment??

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 11, 2020

Hire an attorney who focuses on parole work AND a criminal defense attorney for the trespassing case. Parole work is very different because it follows different rules so having one attorney who does both is not ideal. As they say, the jack of all trades is the master of none.

1 Answer | Asked in Constitutional Law and Education Law for California on
Q: Can a first grade teacher show a video highlighting one particular religion? Don't all materials shown need approval?

Do children that "dress differently" have the right to use that as a reason to talk about their religion or sexuality to other classmates?

Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

Interesting question. Answer: It depends on how the teacher presents the discussion about the religion, and there is no limit on what students can talk about among themselves. If the teacher's presentation is for the purpose of discussing a different type of religion, or sensitizing students... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Contracts and Small Claims for New York on
Q: It is possible to sue University for emotional distress, for discrimination and for false information in the UK ?

I have applied to University during Covid and got a Conditional Offer right away. In order to get CAS(letter of acceptance ) I had to meet all the conditions. During four months University kept asking me for more and more information and I provided them all. I got an answer that I almost got in the... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 9, 2020

I'm sorry for your ordeal. Unfortunately, I don't believe you would have a cause of action for emotional distress, which is generally based more on intentional or reckless conduct that is outrageous on the part of the wrongdoer. But you could present the facts to other attorneys for their... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: My gun was taken by police because they claimed to see it in my bf hand although he never had it what to do now

There was a police call made by someone where we were and It was a false report because of underlying family issues so when the police came they grabbed my boy friend and beat on him they also took my weapon because I say it on the ground just for my safety when they arrived my weapon is in my name... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 9, 2020

First make a written demand to the Chief of Police or the Sheriff to return your weapon. Then you need to file suit for Conversion against the City/County and the Officer that took the firearm with a SOL of 3 years. All this costs money and time, and many firearms are not worth the trouble. There... Read more »

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