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Constitutional Law Questions & Answers
Q: Do the court have the right to dismiss your case and charge you again after they violated your right to due process
2 Answers
| Asked
in
Criminal Law, Civil Rights and Constitutional Law
for
California
on
Answered on Apr 17, 2018
Answered on Apr 17, 2018
Timothy Denison's answer
If the case was dismissed with prejudice, no. If the case was dismissed without prejudice, then yes.
If the case was dismissed with prejudice, no. If the case was dismissed without prejudice, then yes.
Q: i was on probation and taken to a police department, and was asked to take a voice detection test(like a polygraph)
Timothy Denison's answer
If you were read your rights and you declined a lawyer prior to taking the voice detection test, then it will most likely stand up. If you were not Mirandized prior to taking the test, then it should have been raised and challenged in the prosecution of your case
If you were read your rights and you declined a lawyer prior to taking the voice detection test, then it will most likely stand up. If you were not Mirandized prior to taking the test, then it should have been raised and challenged in the prosecution of your case
Q: Girlfriend in county jail, being denied suboxone while pregnant even though its prescribed by her physician. What to do?
1 Answer
| Asked
in
Civil Litigation, Civil Rights and Constitutional Law
for
New York
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Timothy Denison's answer
Have her lawyer redocket the case and get an order from the judge directing the jail to deliver and administer the medication in accordance with the physician s instructions.
Have her lawyer redocket the case and get an order from the judge directing the jail to deliver and administer the medication in accordance with the physician s instructions.
Q: So, the police in my city took my firearm as evidence back in december and the prosecutor sent them the release in Jan.
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Criminal Law
for
Alaska
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Timothy Denison's answer
Send the detective a certified letter requesting release of the property or the reasons why the property is not being released. If there is no response, you should contact a lawyer and have him send a letter prior to filing suit.
Send the detective a certified letter requesting release of the property or the reasons why the property is not being released. If there is no response, you should contact a lawyer and have him send a letter prior to filing suit.
Q: Suing my CDD for racial discrimination? 3 Hispanic women are banned from participating in clubhouse games/activities.
Timothy Denison's answer
Possible suit. Unles they have some somelegalbasis or authority permitting the exclusion, it certainly smells like discrimination if no one else is being excluded.
Possible suit. Unles they have some somelegalbasis or authority permitting the exclusion, it certainly smells like discrimination if no one else is being excluded.
Q: Hi, This is Faisal, the police stopped me and gave tickets and curt, the tickets are
1 Answer
| Asked
in
Constitutional Law, Criminal Law, Federal Crimes and Traffic Tickets
for
Kentucky
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Timothy Denison's answer
As long as you go to court on your court dates, you should not go to jail again for any reason
As long as you go to court on your court dates, you should not go to jail again for any reason
Q: What is highest case law saying that citizens cannot be arrested for obstruction for null-action in assisting police?
1 Answer
| Asked
in
Criminal Law, Civil Rights and Constitutional Law
for
Ohio
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Matthew Williams' answer
Legal research is too time consuming for us to do for you for free. But, I will say this: every obstruction statute I am familiar with plainly requires an action.
Legal research is too time consuming for us to do for you for free. But, I will say this: every obstruction statute I am familiar with plainly requires an action.
Q: Can the police enter my house to arrest me after telling me they had a misdemeanor warrant? I didn't invite them in.
Timothy Denison's answer
If they have a warrant for your arrest and you answered the door or they saw you inside, they can come in for the limited purpose of arresting you. That does not entitle them to search, seize or investigate any further than taking you into custody, though.
If they have a warrant for your arrest and you answered the door or they saw you inside, they can come in for the limited purpose of arresting you. That does not entitle them to search, seize or investigate any further than taking you into custody, though.
Q: Is it a violation of an individuals right if they filed for a speedy trial and the court went over a year between trials
Forrest Clinton Barbour's answer
This question is impossible to answer without knowing more information.
This question is impossible to answer without knowing more information.
Q: What can u do when a hospital officer assaults u breaks your tooth and they got u locked up for retaliation false charge
2 Answers
| Asked
in
Criminal Law, Civil Rights, Constitutional Law and Municipal Law
for
Texas
on
Answered on Apr 15, 2018
Answered on Apr 15, 2018
Grant St Julian III's answer
Retain a criminal defense attorney to defend you in the criminal case, and retain a personal injury attorney to file a civil claim against the hospital. Talk with a local attorney as soon as you can in order to preserve any surveillance footage that may be available. Good luck.
Retain a criminal defense attorney to defend you in the criminal case, and retain a personal injury attorney to file a civil claim against the hospital. Talk with a local attorney as soon as you can in order to preserve any surveillance footage that may be available. Good luck.
Q: how is the workers compensation commission legally defined;a branch of government or a private enterprise?
2 Answers
| Asked
in
Workers' Compensation, Constitutional Law and Federal Crimes
for
Iowa
on
Answered on Apr 14, 2018
Answered on Apr 14, 2018
Stephen Douglas Lombardi's answer
A governmental agency. Administered by State laws (the Iowa Code), State agency rules (The Iowa Administrative Code) and legal precedent (meaning case law).
A governmental agency. Administered by State laws (the Iowa Code), State agency rules (The Iowa Administrative Code) and legal precedent (meaning case law).
Q: In the state of Arkansas what is the law underneath the constitutional rights of driving with a driver's license suspens
1 Answer
| Asked
in
Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law
for
Arkansas
on
Answered on Apr 14, 2018
Answered on Apr 14, 2018
James E Hensley Jr's answer
There is no constitutional right to drive. Driving is a privilege. That means you have to do what it takes to have the license and follow the rules. If you driver's license is suspended, you may be able to get a permit to drive to work, school, medical, lawyer, etc. You will have to visit any Revenue Department in Arkansas.
There is no constitutional right to drive. Driving is a privilege. That means you have to do what it takes to have the license and follow the rules. If you driver's license is suspended, you may be able to get a permit to drive to work, school, medical, lawyer, etc. You will have to visit any Revenue Department in Arkansas.
Q: Change of jurisdiction to Federal Court for Divorce invl Swiss native?
1 Answer
| Asked
in
Divorce, Civil Litigation, Civil Rights and Constitutional Law
for
Pennsylvania
on
Answered on Apr 13, 2018
Answered on Apr 13, 2018
Kathryn Hilbush's answer
This matter is far too complicated for anyone on this site to offer you suggestions as to how to proceed. If you do not already have an attorney representing you, then please consult with an experienced family law attorney in your area. Someone needs to sit down with you and review everything that's already occurred before offering advice and options. If you do have representation, then I would expect that you will discuss your concerns with him or her because your counsel has far more...
This matter is far too complicated for anyone on this site to offer you suggestions as to how to proceed. If you do not already have an attorney representing you, then please consult with an experienced family law attorney in your area. Someone needs to sit down with you and review everything that's already occurred before offering advice and options. If you do have representation, then I would expect that you will discuss your concerns with him or her because your counsel has far more...
Q: What if the guardians/adopted parents are sociopathic and pry into the adopted child's life?
1 Answer
| Asked
in
Family Law, Adoption, Civil Rights and Constitutional Law
for
Ohio
on
Answered on Apr 11, 2018
Answered on Apr 11, 2018
Joseph Jaap's answer
If the person is no longer a minor, but is still under a guardianship, then the person should go to probate court to seek to have the guardians removed. Once removed or replaced, the person could then also remove their names from all financial accounts and set a credit lock with the credit bureaus so they can no longer gain access to money.
If the person is no longer a minor, but is still under a guardianship, then the person should go to probate court to seek to have the guardians removed. Once removed or replaced, the person could then also remove their names from all financial accounts and set a credit lock with the credit bureaus so they can no longer gain access to money.
Q: Mother's cremains
1 Answer
| Asked
in
Contracts, Estate Planning, Constitutional Law and Probate
for
California
on
Answered on Apr 10, 2018
Answered on Apr 10, 2018
Richard Samuel Price's answer
I'm sorry to hear that you're in this situation. You should contact an attorney in your area for a full consultation.
I'm sorry to hear that you're in this situation. You should contact an attorney in your area for a full consultation.
Q: After being coerced into a plea deal i find out the DA hid testimony that proved i was innocent. How do i proceed?
Forrest Clinton Barbour's answer
Hire an attorney. You have a very limited amount of time to file a motion to withdraw your guilty plea.
Hire an attorney. You have a very limited amount of time to file a motion to withdraw your guilty plea.
Q: In the state of Ga.is it true that one has the right to travel on the road in their own personal automobiles unlicensed
1 Answer
| Asked
in
Criminal Law, Traffic Tickets and Constitutional Law
for
Georgia
on
Answered on Apr 10, 2018
Answered on Apr 10, 2018
Forrest Clinton Barbour's answer
No, that isn't true. Driving on the roads of Georgia is a privilege, and to exercise that privilege, you must be licensed. What you are reading is nonsense perpetuated by a group of individuals who claim to be sovereign citizens. These people claim the laws do not apply to them. They are 100% wrong.
No, that isn't true. Driving on the roads of Georgia is a privilege, and to exercise that privilege, you must be licensed. What you are reading is nonsense perpetuated by a group of individuals who claim to be sovereign citizens. These people claim the laws do not apply to them. They are 100% wrong.
Q: Hello, Can someone answer my question? Was renting for a house for 1 year lease and after that month to month.
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Contracts
for
Florida
on
Answered on Apr 9, 2018
Answered on Apr 9, 2018
Andy Wayne Williamson's answer
Without seeing the paper you signed I cannot say what effect it has on the situation.
As a month to month tenant the landlord would only need to give you 15 days notice. (ie: 1/2 thr rental payment period assuming you paid rent monthly).
Thus if you got 30 days notice the landlord gave you more notice than required not less.
Without seeing the paper you signed I cannot say what effect it has on the situation.
As a month to month tenant the landlord would only need to give you 15 days notice. (ie: 1/2 thr rental payment period assuming you paid rent monthly).
Thus if you got 30 days notice the landlord gave you more notice than required not less.
Q: can a judge order a restraining order for me not to go to my own house if the restraining order from my neighbor
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Criminal Law
for
Florida
on
Answered on Apr 7, 2018
Answered on Apr 7, 2018
Q: Could my 4th Amendment rights have been violated?
William F Sulton Esq.'s answer
More information is needed to provide meaningful advice. You cannot be arrested for (or charged with) possession of prescription medication without having a valid prescription absent probable cause. So unless you had a large number of pills or confessed, it would ordinarily be difficult to get to probable cause.
It sounds like you were stopped for the purpose of investigating cocaine possession. Without knowing what the tip precisely said, it is difficult to evaluate whether the police...
More information is needed to provide meaningful advice. You cannot be arrested for (or charged with) possession of prescription medication without having a valid prescription absent probable cause. So unless you had a large number of pills or confessed, it would ordinarily be difficult to get to probable cause.
It sounds like you were stopped for the purpose of investigating cocaine possession. Without knowing what the tip precisely said, it is difficult to evaluate whether the police...
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