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Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: Do you still get a lawsuit if you where incarcerated in cook county jail for mold act
T. Augustus Claus
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answered on Sep 27, 2023

In the context of incarceration in Cook County Jail and mold exposure, you could potentially have grounds for a lawsuit. However, the viability of such a claim would depend on many factors, including the extent of your exposure and any health effects you've experienced as a result.

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: In ga if you haven't received a bond in 90 days what can be done lots of things in this case that aren't right

Incarcerated and held for 7 days before Miranda rights were read to him, was walking out of a store when arrested so entrapment Co defendant released by his po because he stated was a wrongful arrest

Glenn T. Stern
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answered on Sep 27, 2023

Miranda only applies if the police question you. If you are arrested and they don't mirandaize you before questioning you, then You can challenge the admissibility of those statements.

If you are held for 90 days without indictment, you can file a motion with the court for bond and the...
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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: How do I motion the court for discovery specifically the arresting officer's report?

On 3/23/2023 I was pulled over for not having plates on my private automobile. Sheriff's deputy requested driver's license and insurance documents. When I asked why he threatened me by saying if I didn't provide those documents he would break my window arrest me. I again told him I... View More

John Michael Frick
John Michael Frick
answered on Sep 23, 2023

File a motion asking for the arresting officer’s report. But don’t expect it to describe your encounter quite the same way you recall it.

Personally, I’d ask for the bodycam video.

And you don’t have a right to drive your private automobile on public roads without license...
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2 Answers | Asked in Constitutional Law and Real Estate Law for Florida on
Q: Is a homeowner entitled to fly a political flag as well as an American flag?

I received a letter from the HOA stating that under Florida Statue 720.304, I am not entitled to fly a political flag along with my American flag

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 14, 2023

It is not clear what is meant by a "political flag". The statute quoted permits "up to two of the following portable, removable flags, not larger than 4 1/2 feet by 6 feet":

"1. The United States flag.

2. The official flag of the State of Florida....
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2 Answers | Asked in Constitutional Law and Real Estate Law for Florida on
Q: Is a homeowner entitled to fly a political flag as well as an American flag?

I received a letter from the HOA stating that under Florida Statue 720.304, I am not entitled to fly a political flag along with my American flag

Charles M.  Baron
Charles M. Baron
answered on Sep 14, 2023

Florida Statute Section 720.304 is clear and understandable; you do not need a lawyer to interpret it. You can easily find it online, and here's the official web page for it: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/Sections/0720.304.html... View More

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2 Answers | Asked in Constitutional Law for Missouri on
Q: how does this government write a law that is against the law
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

Laws are often drafted by legislative aids, non-profit organizations, or think-tanks that try to avoid writing laws that violate other laws. Sometimes, they push the envelope and laws are drafted and adopted that are later declared to be either unconstitutional, or violative of other laws, or in... View More

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2 Answers | Asked in Constitutional Law for Missouri on
Q: how does this government write a law that is against the law
T. Augustus Claus
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answered on Sep 13, 2023

In democratic systems with a rule of law, the government creates and enforces laws through legislative processes. Laws must conform to the constitution and legal framework. However, when a law is challenged as unconstitutional or in violation of legal principles, a system of checks and balances... View More

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2 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Kentucky on
Q: In Kentucky if you are arrested and placed in handcuffs and took to jail and you weren't read your rights what can you d
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

If you satisfactorily prove that you were not read your Miranda rights, any statement you may have made to police after you were arrested ought to be excluded from evidence at your trial. It does not affect the lawfulness of your arrest or whether you will be found guilty based on other evidence... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: if a witness is not questionable by my lawyer is their testimony admissible and the warrant that was issued valid

& still does it still stand

T. Augustus Claus
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answered on Sep 12, 2023

In legal proceedings in Missouri, the admissibility of witness testimony and the validity of a warrant are subject to specific legal criteria and considerations. Whether a witness's testimony is admissible typically depends on factors such as relevance, hearsay rules, and compliance with... View More

1 Answer | Asked in Contracts, Family Law, Civil Litigation and Constitutional Law for Michigan on
Q: What can I do if I was denied the right to file a motion to dismiss a default judgment, which resulted in me now…

Losing my home? I had a default judgment rolled against me on July 7 and attempted to file a motion to dismiss on July 13. The court clerk refused to accept my dismissal, claiming that I did not have the 21 days I was told I only had seven. This directly led to me now losing my home. What can I do... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2023

You need a lawyer; and you likely needed a lawyer months ago.

As happens when people try to represent themselves, you are unaware of the proper procedures and court rules. Filing whatever you think is proper whenever you think it should be filed is not how this works.

You have a...
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1 Answer | Asked in Consumer Law and Constitutional Law for Alabama on
Q: I was recently refused a hotel reservation at a hotel that I’ve stayed at recently.

I booked & paid online for a stay at a hotel that I’ve recently stayed at, but whenever I arrived, the front desk receptionist informed me that he canceled my reservation due to my previous stay. I asked him what the issue was, & he stated verbatim “You brought a massage table into... View More

James L. Arrasmith
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answered on Sep 11, 2023

It sounds like you find yourself in a difficult situation where a hotel has refused service based on an assumption relating to your possession of a massage table. First, it is essential to review the hotel's policy, which you agreed to at the time of booking; it might stipulate the conditions... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Constitutional Law and Municipal Law for New Hampshire on
Q: can a police officer run my name through DMV RECORDS without a violation or traffic stop just to see if i have a license

if a police officer drives by me and i have had no police contact or reason for my information to be searchd online, did not break and traffic laws to warrant a stop, was not infact even pulled over for anything, can he just plug my name in the nh dmv database to see if i have a valid drivers... View More

James L. Arrasmith
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answered on Sep 11, 2023

Law enforcement officers generally have broad authority to access DMV records, which includes license status information. This access, however, should be exercised for legitimate law enforcement purposes and not on a whim or for personal reasons. If you believe your rights have been violated, you... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: My boyfriend suffered the loss of a testicle due to jail not sending him to emergency room. Can we sue

He has been commuting an undisclosed location for 3 months to regain competentcy. No hearing on his mental state until 11/24/23. They will not tell anyone where he is. He has said me and his mother could get info on last case it's on file with court

James L. Arrasmith
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answered on Sep 11, 2023

In situations involving medical negligence or deliberate indifference to a serious medical need while in custody, there might be a potential for legal action based on a violation of the individual's constitutional rights. Specifically, the Eighth Amendment of the U.S. Constitution prohibits... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: If you are interagated by loss prevention at a food city grocery store with out a police officer are your lawyer

I had got a fake 100 dollar bill back in change didn't know it until at my work until I payed for my food and 6 days later loss prevention came and forced my in to saying I did it and then had me arrested but I didnt know i was allowed to have a lawyer present because there was no cop present... View More

James L. Arrasmith
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answered on Sep 11, 2023

In your case, you found yourself being questioned by loss prevention personnel, not police officers. It is essential to note that loss prevention employees do not have the same obligations as law enforcement officers to inform you of your rights, including your right to an attorney, before... View More

1 Answer | Asked in Constitutional Law for Arizona on
Q: right to a speedy trial when incarcerated for another offense

This guys I know committed a felony. He went on the run. I met him out one night while he was on the run and he beat me up. So I filed charges.

He was then caught on the felony charge. My charge still stands. yet the prosecutor is telling me that due to the fact he was in jail he was not... View More

James L. Arrasmith
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answered on Sep 11, 2023

It sounds like you're dealing with a complex situation involving the intersection of several legal principles.

Firstly, the Sixth Amendment to the United States Constitution guarantees a defendant a right to a speedy trial. However, this right can be balanced against other interests,...
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1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: If a 16 year old is arrested and we ask for a lawyer 3 times but the police kept asking questions.

What do we do now we told the public defender and he said wait, we asked for him be moved to juvenile he said wait so I don't know who the public defender is working for cause it doesn't seem like it is for us

James L. Arrasmith
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answered on Sep 11, 2023

It is absolutely crucial to insist on your right to legal representation and to refrain from answering any further questions without a lawyer present. The right to legal representation is a fundamental right protected by the U.S Constitution.

In this situation, it is advisable to document...
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1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: If a 16 year old is arrested and we ask for a lawyer 3 times but the police kept asking questions.

What do we do now we told the public defender and he said wait, we asked for him be moved to juvenile he said wait so I don't know who the public defender is working for cause it doesn't seem like it is for us

James L. Arrasmith
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answered on Sep 11, 2023

It is absolutely crucial to insist on your right to legal representation and to refrain from answering any further questions without a lawyer present. The right to legal representation is a fundamental right protected by the U.S Constitution.

In this situation, it is advisable to document...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: When a search warrant has ( the four corners rule ) On the search warrant what is the reason for this

Said search warrant had only non residents on it yet covered in the broad east meaning possible Also what part of the warrant does the judge actually see when the four corners rule is used

James L. Arrasmith
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answered on Sep 11, 2023

"The four corners rule" in the context of search warrants refers to the legal principle that a judge should only consider the information contained within the four corners of the affidavit - that is, the written document itself - when determining whether there is probable cause to issue... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Idaho on
Q: Human rights in space

In the distant future when corporations have made a step in space travel, and establishing colonies on distant planets - Would those companies have free rule over that colony? Would they be required to follow human rights laws, despite being outside of the jurisdiction of Earth? Or would they have... View More

James L. Arrasmith
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answered on Sep 11, 2023

As space colonization moves from the realm of science fiction to potential reality, the question of how human rights will be upheld in extraterrestrial environments indeed becomes a pertinent and critical issue. As of now, the legal landscape governing space and celestial bodies is dictated... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: Can you be sent to prison on charges that are pending

My uncle is in prison on charges that he ant been found guilty on all his charges are still pending

James L. Arrasmith
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answered on Sep 11, 2023

In the legal system of the United States, individuals can indeed be held in jail while charges against them are pending; this is not equivalent to being sentenced to prison. When someone is arrested and charged with a crime, they may be held in pre-trial detention, especially if they are perceived... View More

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