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Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: What should I do?? the police have charged me and I been victim both times and I called the police. Can I sue

I've went to police for help they sent me a ticket in mail I'll explain. First time I pulled in gas station got gas went in. On way out gas station buddy was acting a fool so I said screw him and sat in my car and all a sudden my door got ripped open and dude started punching me and in... Read more »

William Bailey
William Bailey answered on Nov 27, 2020

Your priority should be contesting the criminal charges. Then you can think about a lawsuit, but you should be aware it is often very difficult to successfully sue a government entity.

1 Answer | Asked in Contracts, Admiralty / Maritime, Constitutional Law and Military Law on
Q: Are you a BAR Member?

Do you answer to the British monarch

Tim Akpinar
Tim Akpinar answered on Nov 25, 2020

The maritime firms here practice in the U.S. mainly. There are online resources for finding UK maritime firms outside of this site. Additionally, some of the larger maritime firms based in the U.S. have international practices with offices overseas. Good luck

Tim Akpinar

Q: Isn’t setting a statewide curfew against this section of the constitution? The people should have the freedom to choose

Choosing between staying home away from the virus if they’re high risk or going out with a friend if both of you recently tested negative. The freedom to go and hang out with a friend should be up to their own Individual person. I would say this falls under the sentence “...enjoy and defend... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 23, 2020

We are experiencing one of the rare occasions when, for health reasons to protect all of us, the government is given the responsibility to make orders such as the present curfew, and we must comply with them. Our individual freedoms mean nothing if this pandemic can kill so many of us without... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What are the reasons that a prosecutor can withdraw a plea ?

The prosecutor prior to sentencing realize you made a mistake and now she wants to send it back to Grand Jury the defendant did nothing wrong and changed nothing

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 22, 2020

In general If you talking in regards to a plea bargain, they don't need a reason to withdraw a plea unless the plea deal was already accepted by the defendant in court.

1 Answer | Asked in DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: Once bookd at the pd for arrest if the cops let me read the miranda right aloud not them to me is that possible dismis

Was arrested for refusing breathalyzer, after passing field test. While being booked at the station, the officer started to read the miranda rights and I forget why I said, do u want me to read it? I think it's because he was flopping over words and with masks I cant hear him well anyways. He... Read more »

Leonard D. Harden
Leonard D. Harden answered on Nov 22, 2020

This is a commonly asked question. I have answered it in a FAQ on the internet. http://nhcriminallaw.com/frequently-asked-questions/

Here is the law a about Miranda:

What if the police don’t read me my rights?

This is one of the most commonly asked questions....
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Contracts on
Q: Do modern courts consider as actionable in courts intentional wrongs even when there is a preexisting contract?

Do modern courts consider as actionable in courts not only acts or omissions attended by fault or negligence but also intentional wrongs even when there is a preexisting contractual relation between the parties?

Tim Akpinar
Tim Akpinar answered on Nov 21, 2020

The short answer is that they could. But this is a broad question it is difficult to offer a universal and unequivocal "yes" or "no" answer - the answer would depend on the context and specific set of facts. In some settings, intentional wrongs that go beyond a person's... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for California on
Q: What lawyer can help me fight the police? They stole my car.

I purchased my car on sept and went to go register it but i couldnt because i needed smog. On 9/22 They had given me a 1 day moving permit to allow me to move my car. On 11/19 i had left my house and i get a call from my sis in law telling me the police are looking at my car and my lil brother went... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 21, 2020

more info needed.

why did the police go to your home?

what did they say was the issue?

the tow truck driver has no choice if the police tell him/her to tow it.

don't let the car sit as the daily storage fees will kill you.

1 Answer | Asked in Constitutional Law, Elder Law and Government Contracts for Florida on
Q: Can public housing move me to a handicap apartment and I'm not handicap?
Charles M.  Baron
Charles M. Baron answered on Nov 19, 2020

You have not specified why that would be harmful to you. I would imagine that an apartment for the handicapped would have more benefits than a regular apartment, not less (for example, a larger bathroom and being on the ground floor), but I have no familiarity with it. You also have not specified... Read more »

1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Native American Law for North Dakota on
Q: Do I have rights to view business policies and privacy policies from say a tribal newspaper operations?

And is there a state law protecting the name of minors?

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

There is no such right bestowed upon you. Your second question is too vague.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: Can a warrant be issued for your arrest for FTA while incarcerated in different county & were not transferred to court?

Will the warrant be dropped when going before a judge

Steve D. Hardin
Steve D. Hardin answered on Nov 19, 2020

Yes. In fact it what normally happens so a hold is created so that the accused is not released from the holding facility upon resolution of that case.

1 Answer | Asked in Constitutional Law for New York on
Q: How do I invade a house in Puerto Rico?

My father passed away and I became one of the inheritors of the house but the other inheritors and I haven't totally abandoned I try my best to work with my brothers and sisters the other inheritors and his wife no one wants to budge so now I'm thinking about invading putting the property... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 18, 2020

I'm sorry for the loss of your father. In terms of seeking out attorneys who could assist you, this isn't really a constitutional law matter. You need to reach out to attorneys in the Probate and Estate Planning sections, or you could repost under those sections. Speak with an attorney... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: I was convicted of misdemeanor possession of offensive weapon in NYS in 1992. Will this prevent me from purchasing a

Firearm in my now residential state of Arizona. The p.o.w. charge was for a knife with knuckle holes laying in the back of my truck. Said knife is not illegal in Arizona so would that fall under state misdemeanor?

Mike Branum
Mike Branum answered on Nov 18, 2020

It sounds like you are referencing a fourth degree weapons charge. That is a class A misdemeanor in New York, punishable by up to 364 days in jail. Since the crime you were convicted of does not carry the potential for incarceration over one year, you should be able to pass a background check. If... Read more »

1 Answer | Asked in Traffic Tickets and Constitutional Law for Louisiana on
Q: What louisiana statute covers 2 vehicles passing on the left at the same time on a 2 lane highway

I was followed through the pass by an officer who happened to be travelling behind me. He passed the same vehicle that I did at the same time that I did and proceeded to write me a speeding ticket.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 18, 2020

Hire a traffic court lawyer.

1 Answer | Asked in Tax Law, Constitutional Law and Election Law for Texas on
Q: I'm 17 and I have a job. How come my paycheck gets taxed if I can't vote? Is that taxation without representation?
Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

The income tax code is not tied into voting. Think of childhood stars who had very large income (Michael Jackson, Stevie Wonder, Shirley Temple, etc.) They all paid tax on their income even if they could not vote.

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Is it legal for a police officer to ask if I have any weapons on me when I'm carrying a concealed carry permit?

and if I'm doing nothing wrong? Am I allowed not to answer?

Brian S Szmak
Brian S Szmak answered on Nov 17, 2020

It is absolutely legal for an Officer to ask you if you have any weapons on you.

If you have a CHP in Virginia, there is no affirmative obligation to inform an Officer that you are carrying a concealed weapon. You are obligated to provide your CHP & Photo ID if asked, though....
Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Can my apartment complex. Make me take my american flag out of my window and fine me $50 for it hanging.

What about the 2005 display act .

Bennett James Wills
Bennett James Wills answered on Nov 16, 2020

If you are renting, the the terms of your lease would determine what you can and can't put in a window. The Display Act of which you cite is applicable to homeowners - not renters.

1 Answer | Asked in Constitutional Law, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Since i wont date my landlord he has put my house for sale I pay my rent on time, what can I do?

I have been living there for five years,each of those years I've had to deal with him popping up and bringing me gifts,showing up walking around the windows,and just walking in saying he had to drop something off.I have always laughed him off, told him I did not feel comfortable but he... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 15, 2020

There are two issues raised in your question.

The first is the Landlord coming into your apartment uninvited and harassing you generally. Wheteher you have a written or oral lease you are entitled to quiet enjoyment. The landlord is breaching this provision of the lease.As such, you may...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for California on
Q: I was a victim of Police misconduct, assaulted (battered?)by 6 officers, then wrongfully arrested. Charge were dismissed

I called 911 for mental health reasons after waking up from a coma with severe burns. When the police arrived, they dismissed the ambulance & EMTs and I was assaulted and battered by 6 policemen and wrongfully arrested. They dismissed the charges and county counsel sent me a letter urging me... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 14, 2020

There are many great civil rights lawyers in the San Francisco and Oakland areas. Call the local ACLU office and tell them you need help. They will help you find a good lawyer to help you. Their website is https://www.aclunc.org/about/chapters/san-francisco-chapter, so copy this link and paste it... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Civil Rights and Constitutional Law for South Carolina on
Q: Called hotel asked if room stayed in before was vacant after told yes discussed prices and then was told he would not re

Rent me room in front but can rent same room in back. After I called cust Ser. She said guy then said I was banned from property bc of 1st stay. Stayed 1 night and he accused me of having high traffic to and from my room which wasn't true and that me and my girlfriend was sitting outside. I... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 13, 2020

A South Carolina attorney could advise best, but your question remains open for three weeks. As a GENERAL matter, hotels are given leeway in terms of declining patrons. The most practical option might be to look into other hotels. You could consult with a South Carolina to ask if they see things... Read more »

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