Constitutional Law Questions & Answers by State
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Constitutional Law Questions & Answers
Q: How long can I stay on a public sidewalk
2 Answers
| Asked
in
Civil Litigation, Civil Rights and Constitutional Law
for
Florida
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Andy Wayne Williamson's answer
Obviously, there is way more behind this question. Ask again and give a lot more details.
Obviously, there is way more behind this question. Ask again and give a lot more details.
Q: Is it legal for the landlord to place cameras inside my rental apartment? Isn't it invasion of privacy?
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Landlord - Tenant
for
New Jersey
on
Answered on Sep 12, 2017
Answered on Sep 12, 2017
Marcel Wurms' answer
Unless it was in your lease, the landlord can't do that. And even if it is in the lease, that clause might be against public policy.
However, if you're talking about putting the camera in a common area such as a hallway, it might not be prohibited.
Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An...
Unless it was in your lease, the landlord can't do that. And even if it is in the lease, that clause might be against public policy.
However, if you're talking about putting the camera in a common area such as a hallway, it might not be prohibited.
Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An...
Q: Hello, will a knowledgeable person please respond to the following questions.
1 Answer
| Asked
in
Foreclosure, Appeals / Appellate Law and Constitutional Law
for
New York
on
Answered on Sep 8, 2017
Answered on Sep 8, 2017
Q: my friend was shot by accident at a friends house. he survived. the investigators took his car.
Terrence H Thorgaard's answer
I believe that they will need a search warrant to analyze the phone. I expect that they are in the process of getting one.
I believe that they will need a search warrant to analyze the phone. I expect that they are in the process of getting one.
Q: if your lawyer tells you that someone used your case to cover their case, would that be a dismissal for your case?
1 Answer
| Asked
in
Criminal Law, Civil Rights, Constitutional Law and Identity Theft
for
California
on
Answered on Sep 1, 2017
Answered on Sep 1, 2017
Q: Who has jurisdiction to take a complaint against a judge and investigate a violation of due process rights by a judge?
1 Answer
| Asked
in
Criminal Law, Constitutional Law and Medical Malpractice
for
Florida
on
Answered on Sep 1, 2017
Answered on Sep 1, 2017
Peter Munsing's answer
Your recourse would be an appeal or reopening of the case. Judges are for the most part immune from liability, certainly under your facts. Consult with the Florida Civil Liberties Union or ask for the names of some of their "cooperating attorneys" with regard to sentencing issues.
Your recourse would be an appeal or reopening of the case. Judges are for the most part immune from liability, certainly under your facts. Consult with the Florida Civil Liberties Union or ask for the names of some of their "cooperating attorneys" with regard to sentencing issues.
Q: can my police chief fire me for turning him in for theft?
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Employment Law
for
Louisiana
on
Answered on Sep 1, 2017
Answered on Sep 1, 2017
William Head's answer
You have rights, relating to wrongful discharge. Contact me, for a referral, if it occurs. He will be gone soon, and may retaliate.
William Head
404-567-5515
You have rights, relating to wrongful discharge. Contact me, for a referral, if it occurs. He will be gone soon, and may retaliate.
William Head
404-567-5515
Q: In criminal law, how do we define the term "Probable Cause" ?
2 Answers
| Asked
in
Civil Litigation, Criminal Law and Constitutional Law
for
Florida
on
Answered on Aug 26, 2017
Answered on Aug 26, 2017
Terrence H Thorgaard's answer
The "Justia Ask a Lawyer" is not a sounding board for issues of this nature. You might want to consider writing a law review article instead.
The "Justia Ask a Lawyer" is not a sounding board for issues of this nature. You might want to consider writing a law review article instead.
Q: when did this requirement stop being applied, to the electoral college??
Louis George Fazzi's answer
The answer is staring you in the face. The part of the constitution you quoted includes the qualifier "under the United States". Persons holding state offices are not in such positions under the United States, because those offices are created by state law, not the U.S. Constitution.
The answer is staring you in the face. The part of the constitution you quoted includes the qualifier "under the United States". Persons holding state offices are not in such positions under the United States, because those offices are created by state law, not the U.S. Constitution.
Q: can someone be sentenced to more than the max punishable time for a crime because they have a strike or prior
Louis George Fazzi's answer
Your question is confusing and lacking information. Ordinarily, no one can be given a harsher sentence than that which the crime calls for. However, a defendant may be charged with different "enhancements" (depending on the facts of each case), which could result in additional penalties on top of the usual punishment for the base crime charged. If the enhancements are proved, the sentence given will be "enhanced" so the end result could wind up being far more severe than just the basic crime...
Your question is confusing and lacking information. Ordinarily, no one can be given a harsher sentence than that which the crime calls for. However, a defendant may be charged with different "enhancements" (depending on the facts of each case), which could result in additional penalties on top of the usual punishment for the base crime charged. If the enhancements are proved, the sentence given will be "enhanced" so the end result could wind up being far more severe than just the basic crime...
Q: How can both parents protect themselves against grandparents visitation ?
1 Answer
| Asked
in
Family Law, Civil Rights and Constitutional Law
for
New Jersey
on
Answered on Aug 18, 2017
Answered on Aug 18, 2017
Leonard R. Boyer's answer
Grandparents in NJ have almost no rights. You protect the children by not letting the Grandparents have any contact with them.
Grandparents in NJ have almost no rights. You protect the children by not letting the Grandparents have any contact with them.
Q: evidence(expert witness testimony)was withheld during a civil trial by lawyer and again by district clerk
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Family Law and Civil Litigation
for
Texas
on
Answered on Aug 16, 2017
Answered on Aug 16, 2017
William Head's answer
Too little data and facts to assess this. If the effort is worth it, contact a Texas appellate lawyer, ASAP, before time runs out to appeal, and see if a viable claim exists.
Too little data and facts to assess this. If the effort is worth it, contact a Texas appellate lawyer, ASAP, before time runs out to appeal, and see if a viable claim exists.
Q: Can a county set up an "employee family member ONLY" disaster shelter and deny access to the public
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Gov & Administrative Law
for
Florida
on
Answered on Aug 15, 2017
Answered on Aug 15, 2017
Andy Wayne Williamson's answer
If you are a county. You likely have a county attorney on staff. Start by speaking with your hired attorney.
If you are a county. You likely have a county attorney on staff. Start by speaking with your hired attorney.
Q: If a state law applies unfairly to one class of citizens versus another, could a person file a lawsuit agains the state?
1 Answer
| Asked
in
Criminal Law, Civil Rights and Constitutional Law
for
Georgia
on
Answered on Aug 13, 2017
Answered on Aug 13, 2017
William Head's answer
Likely, but insufficient information here, to know. No details given.
Contact a civil attorney attorney to give details, and get targeted advice. Call Michael Roth at 404-842-9380. Tell him that Mr. William Head sent you to him.
Likely, but insufficient information here, to know. No details given.
Contact a civil attorney attorney to give details, and get targeted advice. Call Michael Roth at 404-842-9380. Tell him that Mr. William Head sent you to him.
Q: How do I fight a Corrupt South Ga County who is Determined to Bring me down?
1 Answer
| Asked
in
Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice
for
Georgia
on
Answered on Aug 11, 2017
Answered on Aug 11, 2017
William Head's answer
Your message gave no dates or critical details. I suggest that you contact an attorney whose firm knows all the rules and necessary FACTORS for a claim like yours to be able to survive summary judgment motions (basically, a dismissal of the civil charges, by the judge, for failure to state a viable claim, upon which relief can be granted).
You need an outsider from Thomas County, so call Ashleigh Merchant, at (404) 828-0969. Tell her that Mr. William C. Head sent you to her....
Your message gave no dates or critical details. I suggest that you contact an attorney whose firm knows all the rules and necessary FACTORS for a claim like yours to be able to survive summary judgment motions (basically, a dismissal of the civil charges, by the judge, for failure to state a viable claim, upon which relief can be granted).
You need an outsider from Thomas County, so call Ashleigh Merchant, at (404) 828-0969. Tell her that Mr. William C. Head sent you to her....
Q: i have an academic question about intl law and treaties which might not have a certain answer:
1 Answer
| Asked
in
Business Law, Constitutional Law, Environmental and International Law
for
New York
on
Answered on Aug 9, 2017
Answered on Aug 9, 2017
Barry Eran Janay's answer
This is a legal Q&A board, not a forum for expressing philosophical views on world politics and international relations.
This is a legal Q&A board, not a forum for expressing philosophical views on world politics and international relations.
Q: Can an attorney represent her lover in court ? In maryland?
1 Answer
| Asked
in
Criminal Law, Divorce, Family Law and Constitutional Law
for
Maryland
on
Answered on Aug 4, 2017
Answered on Aug 4, 2017
Thomas Joseph Maronick Jr's answer
From what you have described it absolutely seems like a conflict. You can file a motion petitioning the court to order her withdrawal from the case. You can also contact the lawyer directly and insist she withdraw due to the conflict, if you are representing yourself or obtain a lawyer who would doubtlessly pursue the same path. You would need to contact Bar Counsel to report ethics violations of the Lawyers Rules of Professional Conduct.
From what you have described it absolutely seems like a conflict. You can file a motion petitioning the court to order her withdrawal from the case. You can also contact the lawyer directly and insist she withdraw due to the conflict, if you are representing yourself or obtain a lawyer who would doubtlessly pursue the same path. You would need to contact Bar Counsel to report ethics violations of the Lawyers Rules of Professional Conduct.
Q: Would "laying drags" constitute an arrest being made if this was the only offense?
1 Answer
| Asked
in
Appeals / Appellate Law, Civil Rights, Constitutional Law and Traffic Tickets
for
Georgia
on
Answered on Aug 4, 2017
Answered on Aug 4, 2017
William Head's answer
Under a US Supreme Court case, Atwater v. City of Lago Vista, an officer CAN make an arrest for a misdemeanor traffic offense, but (for this one) that is not common.
It sounds like this officer did not like you. Don't know why, but he/she did not, but likely the arrest video will help explain this.
Under a US Supreme Court case, Atwater v. City of Lago Vista, an officer CAN make an arrest for a misdemeanor traffic offense, but (for this one) that is not common.
It sounds like this officer did not like you. Don't know why, but he/she did not, but likely the arrest video will help explain this.
Q: Can someone be be picked up on a warrant based on a police report if the investigator did not follow up with the victim?
1 Answer
| Asked
in
Constitutional Law, Criminal Law and Federal Crimes
for
Georgia
on
Answered on Aug 1, 2017
Answered on Aug 1, 2017
William Head's answer
Yes, it can happen. Apparently, the amount of evidence you provided was enough to convince a judge, who would hear the facts you gave to that investigator, of "probable cause" to arrest your ex.
There is a BIG difference between complaining about this loser to your friends or family. When you get police involved, and they see a REPORTED CRIME, what did you expect them to do?
Yes, it can happen. Apparently, the amount of evidence you provided was enough to convince a judge, who would hear the facts you gave to that investigator, of "probable cause" to arrest your ex.
There is a BIG difference between complaining about this loser to your friends or family. When you get police involved, and they see a REPORTED CRIME, what did you expect them to do?
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