Constitutional Law Questions & Answers

Q: If Hobb's Act Robbery is no longer a crime of violence does ones indictment with the charge still stand?

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Florida on
Answered on Nov 18, 2017

The Hobbs Act is a federal statute dealing with robbery or extortion affecting interstate commerce. It is codified as 18 U.S.C. § 1951. Normally, an amendment to a criminal statute doesn't affect pending prosecutions under that statute. Here is a link to the text of the Hobbs Act: https://www.law.cornell.edu/uscode/text/18/1951

It appears that the act hasn't been amended since 1994. He can ask his attorney, but it doesn't look to me that he has a viable argument that the...
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Q: Explain the right to not be deprived of life liberty or property without due process

1 Answer | Asked in Civil Litigation and Constitutional Law for Texas on
Answered on Nov 17, 2017

This is a fairly vague question; however, the phrase means that a person cannot be deprived of life, liberty, or property without due process. "Due process" means a variety of things depending on the situation.
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Q: In NJ does a motorist (or passenger?) have the right to record interactions with police?

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for New Jersey on
Answered on Nov 13, 2017

In general you can record any conversation so long as it would not interfere with a police investigation, arrest etc, so that would be the main question.
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Q: How do I get my camera/personal property back from the police?

1 Answer | Asked in Constitutional Law and Criminal Law for Connecticut on
Answered on Nov 12, 2017

Generally, items confiscated at time of personal search are listed in the police report. He has to check from police record entries of his belongings plus your camera and recover through the help of Atty. If police still insist that they did not confiscate then an application to that effect be moved through your Atty for recoveries from police and accuse them of pilferage.
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Q: If the wrong township but right address is listed in a search warrant for your house does that make search warrant invai

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Answered on Nov 11, 2017

Please, for your own sake, do not post any more information about this case online. It only takes one search for the police to determine who you are and link anything you say online to your case. Valid or not, you will need an attorney to review the facts and defend you.
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Q: Hi, I want to go to usa as a tourist but i have a sibling with a illegal immigrant status. Will it affect my case?

1 Answer | Asked in Immigration Law and Constitutional Law for California on
Answered on Nov 9, 2017

There should be no connection between your eligibility for a visa and the fact that you have an undocumented brother. The most likely reason for a visa application to be denied is for lack of evidence showing ties to the country of origin.
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Q: Can you use the same evidence obtained during a civil case in a separate tort commission case?

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for North Carolina on
Answered on Nov 6, 2017

Usually if it's admissable in civil court it's admissable in other courts, certainly in administrative proceedings. Presumably he has an attorney and should ask them.
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Q: How to file a grievance against an attorney

1 Answer | Asked in Family Law, Constitutional Law and Legal Malpractice for Texas on
Answered on Nov 6, 2017

Under each Bar Associations there are Disciplinary Committee that entertain and address grievances against any Attorney supported with solid proof and evidence thereof.
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Q: Do I have enough for a civil suit?

1 Answer | Asked in Constitutional Law and Education Law for Arkansas on
Answered on Nov 6, 2017

They have to intend to permanently deprive you of the hot sauce in order to violate your property rights.

I have no idea if they can suspend over hot sauce or not, but it sounds ridiculous.
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Q: what is the process on a motion to alter and amend fed rule 59e

1 Answer | Asked in Civil Rights, Civil Litigation and Constitutional Law for California on
Answered on Nov 6, 2017

Your question is unintelligible to me. Perhaps you can explain the circumstances surrounding your question.
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Q: I am 18 if I decided to not go home when school is over can my parents call the cops or can they make me go back to the

1 Answer | Asked in Civil Rights, Constitutional Law and Juvenile Law for California on
Answered on Nov 6, 2017

Once you turn 18 you are no longer a minor but are classified as an adult, and can move about freely and live anywhere you would like, go where you would like, and do as you like. Unless your parents have a guardianship over you or a conservatorship over you, they cannot compel you to be anywhere you do not want to be.
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Q: Would it be unconstitutional for a president to issue an executive order interfering with a marriage as a sacrament?

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Answered on Nov 4, 2017

Hard to say with the limited information you have given us.

I have no idea what the Hughes–Ryan Amendment (which concerns funding of covert operations by military, intelligence, and national security agents) has to do with it.
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Q: Is computer code a language protected by the first amendment?

1 Answer | Asked in Business Law and Constitutional Law for New York on
Answered on Oct 30, 2017

I'm unaware of any case that says it's not afforded the protections...
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Q: Can I transport a shotgun in my truck if I have it on a back glass gun rack with the chamber open and ammo in the stock.

1 Answer | Asked in Constitutional Law and Criminal Law for Ohio on
Answered on Oct 27, 2017

It really depends where the rack is, whether it is accessible from inside the vehicle, and whether the firearms is of specific length, can have the action open, etc. What describe is likely legally. Read this...http://codes.ohio.gov/orc/2923.16
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Q: Actions of a Pennsylvania state agency directly effected my ability to begin a job and earn income. Are they liable?

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Gov & Administrative Law for Pennsylvania on
Answered on Oct 25, 2017

Not under the circumstances as you describe them.Were you able to get the ID?
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Q: Hi, my fiancé went illegal to u.s and was arrested next day. can a lower release him in 20 days with American document?

1 Answer | Asked in Constitutional Law and Immigration Law on
Answered on Oct 23, 2017

The following link might help you locate where he is.

https://locator.ice.gov/odls/#/index

Depending on his circumstances, a lawyer might be able to help get him released on bond.
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Q: What options do I have when I have had my case dismissed based on judgment one the pleadings?

1 Answer | Asked in Car Accidents, Civil Litigation, Constitutional Law and Legal Malpractice for California on
Answered on Oct 23, 2017

You can appeal, but the issues you have identified don't sound good for you. Of course, I don't know any of the facts, which are important.
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Q: Incomplete and biased investigation done by High School Board of Education pertaining to discrimination

1 Answer | Asked in Civil Rights, Constitutional Law, Education Law and Employment Discrimination for New York on
Answered on Oct 22, 2017

With your limited details, I need to know few more for specific advice.

As you have raised three issues: (i) complained w/r to your son who allegedly was subjected to discrimination; (ii) whether BoE reacted appropriately by designating school atty for fact-finding or hush-up the issue; (iii) whether school atty did prepare ToR for such an investigation; Whether investigation was conducted transparently keeping you in the loop. Investigations having no basic ingredients would...
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Q: Can chase keep my money when they close a act open for 4 days just to tell me i owed 200.00 for an old act chrg off

1 Answer | Asked in Constitutional Law, Consumer Law, Personal Injury and Small Claims for California on
Answered on Oct 22, 2017

WITHOUT ALL THE FACTS IT IS HARD TO SAY...........HOWEVER THE REALITY OF LIFE IS THAT EVEN IF IT IS NOT LEGAL THEY DID IT AND IT WOULD COST YOU MORE TIME AND TROUBLE THAN IT IS WORTH.

LOGICALLY IF THEY SEE YOU OWE MONEY AND YOU HAVE DEPOSITED MONEY THEY WILL TAKE IT
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Q: What are the Proselytizing laws for the state of California?

1 Answer | Asked in Real Estate Law, Civil Rights and Constitutional Law for California on
Answered on Oct 21, 2017

You have the freedom of speech. The first amendment of the United States Constitution guarantees that you can go anywhere the public can travel and you’re free to speak about your chosen subject. Your freedom of religion allows you to practice your faith how you choose in any place open to the public or private if you are invited. No one can block you or prevent you from exercising either of your freedoms of religion or your freedom of speech guaranteed by the First Amendment.
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