Constitutional Law Questions & Answers

Q: I received a handgun as a gift, I'm 19 years old and live in Florida. Can I have it in my car?

1 Answer | Asked in Criminal Law, Agricultural Law, Constitutional Law and Securities Law for Florida on
Answered on Jan 19, 2018

Yes, you can possess it and, as I advised you yesterday, you can have it in your car if it is "securely encased or is otherwise not readily accessible for immediate use". If it's in an unlocked glove box, it is arguably readily accessible for immediate use.

Also, as a former firearms safety instructor, I would suggest that it's safer to not have a round in the chamber of a semi-automatic handgun until you are ready to use it.
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Q: Can police charge you with false reports because they can find evidence on the situation

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Answered on Jan 14, 2018

Police officers do not have the power to charge you with anything. Police can only complete an investigation and then turn the evidence over to the local prosecutor who will decide whether to charge you or not, and what specifically you will be charged with.
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Q: Is it legal for a single mother to be forced to have a DNA test done on her child especially when there's an open invest

1 Answer | Asked in Consumer Law, Copyright, Child Support and Constitutional Law for Alabama on
Answered on Jan 12, 2018

Yes. It is perfectly appropriate for the Court to order a DNA test to establish the paternity of a child.
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Q: hello how far can city police officer follow you till the officer is profiling in a vehicle

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Personal Injury for Wisconsin on
Answered on Jan 11, 2018

I believe that the city police officer can follow you within the jurisdiction he works and also call others if and when you are about or he suspects you will elude him or her into another jurisdiction. An officer can follow you for as long as s/he believes a crime is being committed has been committed and or is about to be committed. The facts you furnished are not enough for me to sufficiently answer the question you asked.

Please remember that it is all about your ability or rather,...
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Q: Which process would be best? Form I-130 or Form I-485?

2 Answers | Asked in Criminal Law, Immigration Law, Constitutional Law and International Law for Utah on
Answered on Jan 11, 2018

You need to ask an immigration attorney. My practice is limited to criminal defense.
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Q: I have found out that a coworker has been secretly recording private conversations at work. Can I take legal action?

1 Answer | Asked in Constitutional Law and Employment Law for Alabama on
Answered on Jan 10, 2018

In a private/personal capacity none is allowed to do so. If your coworker has been assigned to record conversations, matter should be brought to the attention of HR or up and seek their clarity. Moreover, you must make a complaint thereof and formally ask your employer to stop coworker from recording of personal conversations. This will help you in the future that such a recording cannot be used against you. If they do not take any action, complain the local police to seek their...
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Q: 2 years ago in 2015 I did make a police report, but I didn’t press charges. Did the DA most likely reject the case?

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Answered on Jan 8, 2018

without knowing all the facts it is hard to properly answer.

if you made report and told police you did not want to press charges there is a good chance nothing was filed.

however DA often does not care if you want to press charges or not.

The crime is against the people of the state of california.....
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Q: How do I complain if I was treated cruelly and unusually in jail?

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Virginia on
Answered on Jan 7, 2018

You need to consult with an attorney that specializes in what are called "1983" actions. You should act soon, there are certain strict time limits that may apply.
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Q: can an hoa dictate what i do in my garage

1 Answer | Asked in Real Estate Law and Constitutional Law for Florida on
Answered on Jan 7, 2018

When you moved in you agreed to abide by the CC&Rs (governing docs) of the HOA. Whatever they say you can or cannot do govern here. If they say you cannot do what you are doing then you have no choice but to stop/ There is no constitutional issue, you agreed to the rules via purchasing a property subject to the HOA governing docs; this is purely contractual.
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Q: My friend is being sued for personal and emotional injury, can the plaintiff pin his actions on my friend?

2 Answers | Asked in Constitutional Law, Libel & Slander and Personal Injury for California on
Answered on Jan 3, 2018

anyone can sue anyone else at any time for anything............proving it is another matter.

i suspect he is doing this pro per without a lawyer as few lawyers would take it.

your friend needs a lawyer to answer or demurer to the complaint...............

maybe legal aid can be of help.

a lawyer would have to hear all the facts but a judge might dismiss up the filing of a motion............however most would let the case proceed...i think

a lawyer really...
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Q: Can US citizens file a civil suit against a former senior member of the U.S. Government for negligence?

1 Answer | Asked in Constitutional Law, Gov & Administrative Law, Civil Rights and Personal Injury for District of Columbia on
Answered on Jan 3, 2018

Anyone can sue for anything but a case that 1) is for a generalized harm 2) for a non-specific injury (e.g. he acted to limit our 2nd amendment rights) 3)is tolled by the statute of limitations 4) where the Federal Tort Claims Act was not complied with 5)or that concerns discretionary duties will be likely to be thrown out. For example if you sue because within the past 3 years that person ran into you with their vehicle that would be OK. If your claim is that 5 years ago the person improperly...
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Q: In Maryland, Can you defend yourself by using any object against another individual?

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Constitutional Law for Maryland on
Answered on Jan 3, 2018

You need to consult a criminal defense attorney if you have done this, and discuss no facts on any social media.

Any person may use REASONABLE force to defend themselves but what is reasonable depends on the circumstances.
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Q: If a person was caught Eluding an officer why would the inmate website for that county state the charge as being Escape

2 Answers | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Oklahoma on
Answered on Jan 3, 2018

Are you sure you were not charged with escape? If you weren't, contact the court clerk about the error.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.
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Q: Need lawyer to assist me and my.85 year old mother with a conversion claim. Having difficult time locating a lawyer

1 Answer | Asked in Foreclosure, Constitutional Law, Elder Law and Probate for Florida on
Answered on Jan 2, 2018

You may want to call the police and adult protective services.

Copy and paste the following link to report elder abuse: http://elderaffairs.state.fl.us/doea/report_abuse.php

If its a case against a financial adviser or stock broker, reach out to me.
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Q: East side of Indianapolis,IN. Police refuse to charge or arrest. Can i demand the police to perform a citizens arrest?

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Indiana on
Answered on Dec 27, 2017

Your options are to ask to speak to the supervisors of the officers or the chief of police. Another option would be to contact the prosecutors office and schedule an appointment to speak with a prosecutor. Have you also contacted the local media?
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Q: Are Judges liable under 42 USC 1983 if they rely on a legal statute that guarantees an outcome upon conclusion testimony

1 Answer | Asked in Personal Injury and Constitutional Law for New York on
Answered on Dec 27, 2017

Judges for the most part have immunity. If they rely on a statute--that is what they are to do, so I'm not seeing the problem.
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Q: can I sue the police department for releasing a police report unlawfully

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for New Jersey on
Answered on Dec 21, 2017

Police reports are generally public records. You can always sue the question is can you win and for that you will need to speak to a lawyer, but most lawyers will charge you.
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Q: If me and my ex are buying a house together is she aloud changing the locks to the house without my consent

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Real Estate Law for Ohio on
Answered on Dec 21, 2017

If the police aren't helping you get inside to get your things, then you'll have to get a lawyer and the court involved. Use the Find a Lawyer tab to retain a local attorney to assist you.
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Q: How far in advance does a house need to be signed over in TN before the state can take it for nursing home payment?

1 Answer | Asked in Constitutional Law and Elder Law for Tennessee on
Answered on Dec 21, 2017

The "look back" period for estate recovery to recoup medicaid nursing home payments is 5 years. You should consult an experienced elder law attorney to see what steps might be able to be taken to preserve as much of his estate as possible and plan for his care. Best of luck!
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Q: Can a city police officer seize a foreign drivers license from me?

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Florida on
Answered on Dec 21, 2017

Go to the police station and demand that the documents be returned to you.
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