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2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Since morgue employees won't inform me where the body was taken initially, how do I find out?

The morgue claims to have taken the body from the hospital, however their records state the body was at the morgue the following day.

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2024

Do you have an exact timeline? It would not be uncommon for the transfer to have occurred in the overnight hours, or for the hospital to have kept the body until the next day. I'm unsure where else the body would have been transferred to between the hospital and morgue except maybe an off-site... View More

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2 Answers | Asked in Employment Law and Constitutional Law for California on
Q: Is this legal? they are coercing me to cover negative amounts in order to

get funds, I put in to cover previous amounts I attempted to cover and the salary/commission

,

Leanplum is a remote sales team. They hire people to click buttons on your computer and push companies up the search engine line. It started ok, but seemed a little off. In one day they... View More

Neil Pedersen
Neil Pedersen
answered on Oct 4, 2024

BEWARE - This models many scams I have seem many times. I cannot tell you that this is a scam for sure, but it looks a lot like proven scams in the past. And note, if you are an employee, this is an unlawful employment practice. Good luck to you.

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2 Answers | Asked in Constitutional Law for Maryland on
Q: Is it probable cause to search car due to previous search of car, Marijuana found about a month before it became legal.

Hello, I was taking my fiance to work today and got pulled over by a sheriff for Suspended Registration. My License was found to be suspended also. They sent the court date to the wrong address. The sheriff took my info and went back to his car. Another cop pulled up with a k-9. The original... View More

Mark Oakley
Mark Oakley
answered on Oct 1, 2024

No, the prior incident does not provide probable cause to search your vehicle in this incident. The remedy for an illegal search is suppression of the evidence at trial if you were charged with a criminal offense based on what they found.

If they found nothing, and you are just upset...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: My dad is in jail for a probation/cc violation he's been in there since the end of July, he denied the vop and they set

A vop evidentiary hearing and rescheduled it twice now. How long can they hold him in jail without actually charging or convicted him of the violations. And they have charges on his score sheet that aren't his, my father hasn't been in trouble in 36 years besides a traffic ticket.... View More

Rod Caruco
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answered on Sep 28, 2024

It sounds like your issue is very fact-specific, and I would encourage you to engage with a criminal defense attorney to dig in and figure it out.

Generally, a conviction comes with a confinement sentence that is suspended (probation). Think, for a misdemeanor, one year in jail, suspended,...
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2 Answers | Asked in Civil Rights and Constitutional Law for Indiana on
Q: Is telling your attorney that they have acted incompetent a reason for them to quit? He hasn't filed with the Court

I am having quite the hard time finding an attorney that is willing to take my case on Mid Stream

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2024

Without knowing anything about your case or your attorney's performance on it, it's possible your words made your attorney apprehensive about further work on the case. Whatever the case might be, you could continue your efforts to find a replacement attorney, supplementing your searches... View More

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3 Answers | Asked in DUI / DWI and Constitutional Law for Illinois on
Q: Can a judge stop DA FROM Dropping MY CASE ON MARCH 5 STATE SAID THEY DONT HAVE NO CASE Said they GOING DISMISS MY CASE

Judge stop DA FROM DROPPING MY CASE SAID NO AND ASSIGNED ANOTHER DA CAUSE HE'S PREJUDICE

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 25, 2024

No.

A presiding judge rules on the motions, evidence and merits, he does not “dismiss” a case. The judge may find a defendant not guilty (acquitted), but an outright case dismissal lies within the prosecution agency (either a district attorney’s office or state attorney’s office,...
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2 Answers | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Michigan on
Q: Traffic court is civil court? How is the police officer the injured party?

Im just trying to understand how the court system works.

Brent T. Geers
Brent T. Geers
answered on Sep 15, 2024

Don't feel bad: a lot of attorneys and judges get confused about the court system, rules, and procedures.

Here is a 10,000-feet overview of the court system: you can break the court system down into two parts - civil and criminal. Criminal court is when you are alleged to have...
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2 Answers | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Georgia on
Q: In a crimenal case if I pea guilty does my lawyer have the rite to say I cannot withdraw my plea

I plead guilty to a felony crime because the lawyer wouldn't help in any just kept telling me it would be best to plead guilty a blind plea then when he handed the judge the paper work he said I also put on here he could not withdraw his plea does a lawyer have that kind of say

R. Blake Morton
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answered on Sep 5, 2024

In Georgia, if a Defendant enter a blind plea, that is a plea that is not based on a recommendation from the State, then the Defendant has no right to withdraw their plea if they are given a sentence that they are unhappy with. When you plea under a negotiated plea, one with a recommendation, if... View More

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3 Answers | Asked in Immigration Law, Civil Rights and Constitutional Law for New York on
Q: What are the different statuses one can have other than citizen, and national?

So my friend is saying that do not fall into the category of citizen or national as they are not a citizen of the United States but are solely a national owing no allegiance to the United States (they call themselves an American State National). I told them that fine but in that case you would... View More

Cesar Mejia Duenas
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answered on Sep 2, 2024

No, your friend is incorrect. Under U.S. law, the two primary statuses are citizen and non-citizen national (8 U.S.C. § 1408). American citizenship can be acquired by birth or via naturalization. Non-citizen nationals (Samoa and Swain), still owe allegiance to the U.S.

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Q: If a cop pulls you over can they take your car if they think the car bought with money from drugs?

I know that if you have money or a possession, a cop can take it if they think it came from drugs, even if there's no proof you've ever come in contact with them. They can take your possessions without due process. just wondering

Charles Candiano
Charles Candiano
answered on Sep 20, 2024

The police can "seize" property if there is probable cause that the property was acquired with money from the sale of drugs or if the property was used in the sale of drugs but the police cannot "take" the property. You still own it. If the prosecuting attorney determines... View More

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2 Answers | Asked in Contracts, Criminal Law and Constitutional Law for New York on
Q: Does Buck V Kuykendall establish right to travel as long as you aren’t using the highways for buisiness?

My friend told me that the case Buck V Kuykendall establishes our right to travel and shows that the roads can only be regulated for those who are in commerce or using the roads for the propose of business. I tried to tell him that the case Hendricks V Maryland established in 1915 decided that the... View More

John Michael Frick
John Michael Frick
answered on Aug 22, 2024

Buck held that a state may not require a license or fee to engage in interstate commerce using federal highways for the purpose of limiting competition.

It did not in any way hold that roads can only be regulated for those engaged in commerce.

It discussed that states could regulate...
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2 Answers | Asked in Civil Rights and Constitutional Law for Texas on
Q: I filed a case under 42 U.S.C. 1983 suing a judge for violation of 14th Amendment in Texas. Civil case.

I need to talk to a lawyer that has filed one before regarding Rule 12 motion to dismiss.

John Michael Frick
John Michael Frick
answered on Aug 19, 2024

You likely will have a tough time. Successful Section 1983 cases against judges are extremely rare. Because of their extreme scarcity, there are likely only a handful of attorneys alive who have filed such a case against a judge.

Now many such cases are filed by pro se litigants who do...
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2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Is there a difference if I were charged with 16-5-70(a) but indicated on 16-5-70(b)
John Kim
John Kim
answered on Aug 15, 2024

Yes, legally there is a difference, since (a) and (b) under the statute have different elements for cruelty to children in the first degree. Once you are arrested, the prosecutor evaluates the evidence to determine how and what charges you are indicted for. Afterwards, the indictment is the formal... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: How can you find someone to help get a bond reduced especially when the bond is way excessive

The bond is set at $1 million dollars for a first time ever getting into any trouble. Has no prior record and has not seen a judge at all. Also like how much does it cost

Madolyn García Falone
Madolyn García Falone
answered on Aug 14, 2024

There is no guarantee that bond will be reduced as the result of hiring a lawyer because the bond isn't set by the lawyer, so the lawyer doesn't have the ultimate power to reduce it. That being said, a lawyer can consult with you and give you a better picture of what they believe they can... View More

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2 Answers | Asked in DUI / DWI, Car Accidents and Constitutional Law for Virginia on
Q: Can what I said to a on body camera while I was intoxicated/ threatened to be arrested be used in court against husband?

My husband was helping move out a bed from a neighbor a few townehomes down. He backed into a neighbors car while it was parked. The lady came out as it was on her ring camera and called the cops. My husband got out of his truck and apologized as he felt so bad to do that to our neighbor of almost... View More

David G. Parker
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answered on Aug 14, 2024

Statements you provided to the officer are inadmissible hearsay unless they are subject to a hearsay exception (unlikely, based on what you described in your question). Additionally, you have marital privilege and cannot be compelled to testify against him. So it is most likely inadmissible and... View More

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2 Answers | Asked in Criminal Law, Real Estate Law, Constitutional Law and Government Contracts for Hawaii on
Q: Are Lawyer liable for improper fraud claims?
Tim Akpinar
Tim Akpinar
answered on Aug 13, 2024

A Hawaii attorney could advise best, but your question remains open for a week. Do you mean a claim based on factually fraudulent evidence, that the attorney knows to be false? Yes

Or do you mean a claim against a defendant that the attorney is basing on a theory of fraud (as in a...
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3 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: A jury summons questionnaire asked questions like "are you a US citizen?". Isn't that a 4th amendment violation?

The 4th amendment protects us from the government asking us personal questions such as this. This exact question, "are you a US citizen?," was blocked from the most recent census. We are required by law to complete the jury questionnaire, however, I have not committed a crime so my... View More

Brent T. Geers
Brent T. Geers
answered on Jul 30, 2024

I think the 5th Amendment is more on point with the concern addressed by your question. That said, sometimes you need to think of Constitutional rights as a balancing act between us individuals and the government. And more often, the Constitutional language itself provides clues as to how we... View More

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1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: We were stopped by lost prevention falsely accused of taking a $119 battery

Left the store and 11/2 months later were arrested now charges were dismissed and need a lawyer? What kind and what should we do for compensation? Of losses

James L. Arrasmith
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answered on Jul 26, 2024

You should seek a personal injury lawyer who has experience with false arrest or false imprisonment cases. These attorneys can help you understand your rights and guide you through the process of filing a lawsuit. Look for someone with a good track record in civil rights or personal injury law.... View More

1 Answer | Asked in Libel & Slander, Civil Rights, Communications Law and Constitutional Law for California on
Q: I want to sue a cps worker for harassment and abue of power
James L. Arrasmith
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answered on Jul 24, 2024

Suing a CPS worker for harassment and abuse of power can be a challenging process, but it is possible under certain circumstances. First, gather all evidence of the alleged harassment and abuse of power. This includes any documents, emails, recorded conversations, or witness statements that support... View More

Q: The USMC owes me 100 federal days of jail time 49 were solitary with no sunlight . 2 human rights violations as well

I was illegally handcuffed in front of battalion by a 1st Sergent not a MP

( Illegal citizen arrest . He was demoted after court )

They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did

James L. Arrasmith
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answered on Jul 22, 2024

It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More

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