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1 Answer | Asked in Traffic Tickets, Car Accidents and Constitutional Law for Kentucky on
Q: Got pulled over for 100 in a 55 coming home from work got me wreck less driving and 26 or greater over clean record

Had expired insurance from where I moved I had not received updated ones yet and I have to change address on my license witch is all taken care of.

Timothy Denison
Timothy Denison answered on May 1, 2021

What is your question?

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Fiancé was arrested wrong warrant number Bond is showing wrong year

fiancé was arrested year ago charge wth 2 feloniesOne hydraco pill was his prescrption A morphine patch that was in his moms vehicle the patch belonged to her dyeing sister in which she passed away a month later. His mother had taken her to get the script the day before and had dropped one in the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

No, the prosecutor is not required to dismiss the case. He or she can seek a conviction if they believe it is in the interest of justice. The answers to your other questions should come from his criminal defense attorney because that is the only person who has the facts. If your fiancé is on... Read more »

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2 Answers | Asked in Contracts, Business Law, Constitutional Law and Government Contracts for New York on
Q: DOES AN APPLICATION HAVE LEGAL STANDING IF THERE ARE HIDDEN OR NO TERMS AND AGREEMENTS?

IF AN APPLICATION ON ITS FACE DOES NOT PROVIDE TERMS AND AGREEMENTS FOR THE APPLICANT, CAN THE ISSUER OF THE APPLICATION IMPOSE ANY LEGAL SUITS REGARDING THE APPLICATION?

V. Jonas Urba
V. Jonas Urba answered on Apr 27, 2021

Employment applications are invitations to be considered for employment. They are not contracts nor do they guarantee that someone will be considered for a job. Many require certifications that accurate, complete, and truthful information is being provided under penalties of perjury.

Job...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Who determines what are permissible affirmative defenses in the US? Do the courts decide or does the legislature do so?

More specifically, would it be unconstitutional for a law to be passed by a state government that creates a new affirmative defense for certain actions taken by a defendant that is subject to a civil lawsuit?

Dale S. Gribow
Dale S. Gribow answered on Apr 26, 2021

LAWS ARE MADE BY COURT DECISIONS AND BY LEGISLATION.

IF A COURT BUYS YOUR LEGAL ARGUMENT AND IT IS NOT APPEALED OR REVERSED, THEN IT WOULD BE A PRECEDENT TO ARGUE IN THE FUTURE.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Is it illegal for a detective to interview a person with a mental disability without a third parfy witness

I was arrested but interview by a detective. Without a third party witness or lawyer i also have a mental disability. Plus im the victim of the crime. How is that possible

Anthony M. Avery
Anthony M. Avery answered on Apr 20, 2021

It is not an illegal interview and happens alot. You were not required to say anything. Sometimes the absence of, or waiver of, Miranda Warnings will suppress any testimonial evidence acquired by the LEO's.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Virginia on
Q: My daughter was arrested at court today she had ask to fight her case they are trying to force her into signing a plee

Is that legal to knowingly give a false statement and sign when it's a lie

F. Paul Maloof
F. Paul Maloof answered on Apr 19, 2021

I regret that I do not handle criminal law matters. Sorry.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: Brother charged 115 years in 2014 for string of robberies. No one hurt or killed or anything how can we get time reduced

Did have a weapon robbed 7 fastfood restaurant in june 2014 been in jail since. Deundrae Miller

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 19, 2021

Consult an attorney who FOCUSES on parole work and ask about the possibility of both parole and of your brother receiving a commutation of the sentence. Don't just look for a criminal defense attorney that also does a few parole cases on the side... you are looking for a person whose law... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: How can I sue a nightclub that has been causing loud noise from bass every night? Police have done nothing, no peace.

Police have been called for the past year along with code enforcement. They have been fined, have attracted 2 documented gunfire incidents. Loud noise from their bass, public fights after club closes. Police have done nothing to shut them down. I no longer have peace, I have lost my job because I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 16, 2021

You might be able to sue them civilly to abate the public nuisance.

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can local police execute a warrant at my property for someone else on federal land

The person in question was arrested in different city he’s on paper being in two places at once, on paper they said he was detained at my residence but he was not

Louis George Fazzi
Louis George Fazzi answered on Apr 16, 2021

The local police can search your property for someone else if they have a reasonable suspicion to believe the person might be present there, if they have a warrant to do the search, and in some cases even without a warrant. It depends on all the circumstances.

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can I have multiple attorneys present in interview with LAPD? Can police only allow one attorney to be present?

For example have 6 attorneys in the interview room.

Louis George Fazzi
Louis George Fazzi answered on Apr 13, 2021

You can take a whole army with you, but don't be surprised that they limit the attendance. Two might work, or even three, but when you get more than that the size of the interview room becomes an issue. Be prepared when they ask you why you need so many lawyers to advise you.

1 Answer | Asked in Criminal Law, Constitutional Law, Election Law and Federal Crimes for Oklahoma on
Q: When the United States Supreme court says there no standing to take up a case what are they saying.
Jessica Brown
Jessica Brown answered on Apr 13, 2021

Legal standing basically means that the person/entity who is suing another has a reason to sue them - that they've been personally affected. For example (a silly example), if you and your spouse are having a hard time, a random passerby cannot sue your spouse for divorce on your behalf.... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Where can I find an attorney that will take a prisoners rights case that contains deliberate indifference?

The incident involves State prison and correctional health executives transferring over 100 prisoners from a Covid19 Hotspot to another facility that had no Covid19 cases. I was among those at the receiving facility who then became ill as a result of that transfer. The executives acted with... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 10, 2021

You can find many good law firms in and around Oakland and San Francisco who are experts in civil rights cases of the kind you describe. It seems you already have developed a good bit of evidence to support your case. I suggest you prepare a chronology of the events, if you haven't already... Read more »

2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Constitutional Law for Texas on
Q: If you have a prior felony conviction, does it impact your eligibility for a last name change?

If you have a prior felony conviction, does it impact your eligibility for a last name change? If the case is 10 years old but the person wants to change his/her last name to match their family surname, will a prior conviction hurt these chances?

Sharita Blacknall
Sharita Blacknall answered on Apr 13, 2021

Here are some of the requirements for name change in Texas:

-You are at least 18 years old.

-You file a petition asking for a name change in the Texas county where you live.

-You provide the court with complete information about all felonies and Class A or B misdemeanors...
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2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Constitutional Law for Texas on
Q: If you have a prior felony conviction, does it impact your eligibility for a last name change?

If you have a prior felony conviction, does it impact your eligibility for a last name change? If the case is 10 years old but the person wants to change his/her last name to match their family surname, will a prior conviction hurt these chances?

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

Yes, there are more conditions and the judge has more latitude to decide not to grant the petition. If a person files the proper documents, and the change benefits the person and the public, then the court "shall" grant a name change. However, if the person is a convicted felon, the... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for Florida on
Q: I have a car that my friend had used her driver license in North Carolina to get me a car I just put the money up front.

She’s being nasty and wants the car back. I moved too Florida with family and I don’t have a way to get back down here if I go up there and the car is titled and registered too her and she just won’t come and get her car so if I hypothetically got towed for parking could it or she come after... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

Sounds like you trusted the wrong person. The car is legally hers. If it was purchased in North Carolina, and you then drove it to Fla., you are at risk of her reporting it stolen, and you getting arrested for theft. You should immediately confirm with her, IN WRITING, the "deal" you... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can a case that was dismissed be expunged if you have prior, separate convictions?

Can a case that was dismissed be expunged if you have prior convictions? For instance, if you have a case dismissed in 2019 but you have a conviction for a separate case in 2015, can the dismissal be expunged or sealed?

Rick  Davis
Rick Davis answered on Apr 5, 2021

It depends on when the statute of limitations will run on the case that was dismissed on in 2019. There is a good possibility that you can get the dismissed case expunged.

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1 Answer | Asked in Personal Injury, Consumer Law, Civil Litigation and Constitutional Law for California on
Q: can i sue and/or press charges on anytimemailbox.com for my mail being brought home and opened without authorization?

the operator of one of anytimemailbox’s site’s is also currently refusing to give me my mail which is currently at the operatior’s HOME and not the anytimemailbox address.

Dale S. Gribow
Dale S. Gribow answered on Apr 2, 2021

MORE INFO NEEDED

YOU CAN ALWAYS SUE........THE ISSUE IS WILL YOU WIN AND THEN ARE THERE PROVABLE DAMAGES.

I WOULD ASSUME IF HE IS RECEIVING MAIL VIA POST OFFICE, THAT HE WOULD HAVE TO COMPLY WITH THE SAME RULES AS IMPOSED ON THEM.......I HAVE NEVER HEARD OF THIS AND WOULD REPORT TO...
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1 Answer | Asked in Constitutional Law and Criminal Law for California on
Q: A person commits accidental manslaughter and flee their house before the police arrive. What would their sentence be?

The sentence for their escape I mean. Would it be thee same as just escaping a policeman chasing you? The situation hasn't happened to me personally, so I cannot say I know all the details.

Dale S. Gribow
Dale S. Gribow answered on Mar 30, 2021

more info needed.

i suggest you contact a LOCAL criminal lawyer to share all the facts. This is not a safe place to do so as anyone can read it.

sentencing depends on many factors, in addition to the charge itself.

what is your record? what court and what DA are you dealing...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: My husband was arrested and is now at Rikers Island In New York State. He was never read his Miranda Rights.

What steps can be taken and what motions can be filed to help him?

Peter Wade Kolp
Peter Wade Kolp answered on Mar 29, 2021

If that is the case, and it can be proven or argued , it would go to surpressing any statements (keeping those statements out of evidence and not used against him) he made and be argued in legal docs called motions.

Depending on the case, one can still be convicted without their own...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Q: Is this an unlawful arrest? There was a search warrant for an address and description of the property no people named

The cops pulled over a vehicle that had no ties to us or the address on search warrant, detained us, then brought us to the address and had us cuffed in back of police cruisers while they ran into search the house of the address then charged us with possession and trafficking from substances found... Read more »

Matthew Williams
Matthew Williams answered on Mar 29, 2021

You leaving out some key information. Like, for example, who the house belongs to? Was there any reason to stop the vehicle in question? At the end of the day, you need to get an attorney to look at the situation. It sounds fishy, but there's information missing.

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