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Constitutional Law Questions & Answers
Q: i was pulled over for a traffic stop and the police obtained a search warrent to search my vehicle with no prob. cause
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Criminal Law
for
California
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
Wais Azami's answer
Do you know what probable cause is and its standard? It's best to consult with an attorney.
Do you know what probable cause is and its standard? It's best to consult with an attorney.
Q: How is my pitchess motion supposed to be fair, when the same court that denied it the first time is doing it again?
2 Answers
| Asked
in
Civil Rights, Constitutional Law, Criminal Law and Personal Injury
for
California
on
Answered on Dec 14, 2018
Answered on Dec 14, 2018
Dale S. Gribow's answer
much more info would be needed and you need to ask this of a criminal lawyer in Ventura.
i am in palm springs and swore i would never go back to Ventura over 30 years ago.
you might ask the court to appoint another defense lawyer if you feel you are not getting competent representation.........but i can't comment if that is a prudent idea.
much more info would be needed and you need to ask this of a criminal lawyer in Ventura.
i am in palm springs and swore i would never go back to Ventura over 30 years ago.
you might ask the court to appoint another defense lawyer if you feel you are not getting competent representation.........but i can't comment if that is a prudent idea.
Q: Yes the judge was sent a letter n saidthey found n error on my papper work,that the sentencing didnt match with the crim
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law
for
California
on
Answered on Dec 10, 2018
Answered on Dec 10, 2018
Dale S. Gribow's answer
MORE INFO NEEDED.
YOU WOULD BE BEST ADVISED TO ASK THIS QUESTION OF THE LAWYER WHO REPRESENTS/REPRESENTED YOU. S/HE WOULD HAVE ALL THE CORRECT INFO ON THE CASE AND BE ABLE TO PROVIDE ACCURATE INFO.
MORE INFO NEEDED.
YOU WOULD BE BEST ADVISED TO ASK THIS QUESTION OF THE LAWYER WHO REPRESENTS/REPRESENTED YOU. S/HE WOULD HAVE ALL THE CORRECT INFO ON THE CASE AND BE ABLE TO PROVIDE ACCURATE INFO.
Q: Can I stand on a median or freeway exit a with sign?
1 Answer
| Asked
in
Traffic Tickets, Civil Rights and Constitutional Law
for
North Carolina
on
Answered on Dec 6, 2018
Answered on Dec 6, 2018
Amanda Bowden Houser's answer
This is the first amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. There is nothing in there that gives you the right to beg for money (panhandling). Wanna hold a sign somewhere, go hold a sign somewhere - wanna beg for money especially aggressively and you...
This is the first amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. There is nothing in there that gives you the right to beg for money (panhandling). Wanna hold a sign somewhere, go hold a sign somewhere - wanna beg for money especially aggressively and you...
Q: If a cop lies on a police report to cover his excessive force up, can that lie ultimately get the charges dismissed?
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Criminal Law
for
Illinois
on
Answered on Dec 6, 2018
Answered on Dec 6, 2018
Juan Ooink's answer
This is something for you to discuss with your attorney. Your attorney will have all of the needed information in order to answer this question. If you have not hired an attorney yet, you should do so right away. The sooner you hire an attorney the sooner that attorney can start working on the case. That attorney will move to preserve any video available, but that needs to happen right away, so do not hesitate, hire an attorney now.
This is something for you to discuss with your attorney. Your attorney will have all of the needed information in order to answer this question. If you have not hired an attorney yet, you should do so right away. The sooner you hire an attorney the sooner that attorney can start working on the case. That attorney will move to preserve any video available, but that needs to happen right away, so do not hesitate, hire an attorney now.
Q: 10 yr. ago i saw my neighbor buring a rug in his backyard. we havenot seen his wife since then. am obliged 2 go 2 police
1 Answer
| Asked
in
Constitutional Law, Criminal Law and Federal Crimes
for
New Jersey
on
Answered on Dec 3, 2018
Answered on Dec 3, 2018
H. Scott Aalsberg Esq.'s answer
Obligations come both morally and legally, I guess it would depend on how you feel.
Obligations come both morally and legally, I guess it would depend on how you feel.
Q: Was posted a "24-hour notice of eviction" prior to eviction action. Couldn't pay to play. Cause for separate action?
1 Answer
| Asked
in
Constitutional Law, Contracts, Personal Injury and Civil Litigation
for
Florida
on
Answered on Nov 28, 2018
Answered on Nov 28, 2018
Charles M. Baron's answer
The only time you can defend an eviction action WITHOUT posting the rent amount to the court registry is when you are arguing (in writing) that the rent has already been paid in full (and you can prove it). That's in Fla. Statutes Section 83.60(2). Your description does not indicate whether that was your defense or not, so it's hard to tell from your description whether the Court took proper action. Regarding the default that was entered, you might be able to cure the situation by paying to...
The only time you can defend an eviction action WITHOUT posting the rent amount to the court registry is when you are arguing (in writing) that the rent has already been paid in full (and you can prove it). That's in Fla. Statutes Section 83.60(2). Your description does not indicate whether that was your defense or not, so it's hard to tell from your description whether the Court took proper action. Regarding the default that was entered, you might be able to cure the situation by paying to...
Q: How do one obtain the bond of and officials officer such as judge, county clerk, police officer, prosecutor
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Contracts and Criminal Law
for
Georgia
on
Answered on Nov 25, 2018
Answered on Nov 25, 2018
David Edward Boyle's answer
To obtain a copy you can file an open records request with the governmental entity required to hold the bond.
To obtain a copy you can file an open records request with the governmental entity required to hold the bond.
Q: My son was convicted of PC 261 and was alleged to have committed the crime during a first degree burglary PC 667.61
Dale S. Gribow's answer
Penal Code 261 defines the crime of "rape" as nonconsensual sexual intercourse accomplished by means of: threats, force, or fraud, or. with a victim who is unconscious or incapable of consenting.
More info needed.
my best advice is to set up a consultation with a lawyer in your city that handles these types of cases. Most criminal lawyers will not charge for a consult.
write out a detailed summary ahead of time.
Penal Code 261 defines the crime of "rape" as nonconsensual sexual intercourse accomplished by means of: threats, force, or fraud, or. with a victim who is unconscious or incapable of consenting.
More info needed.
my best advice is to set up a consultation with a lawyer in your city that handles these types of cases. Most criminal lawyers will not charge for a consult.
write out a detailed summary ahead of time.
Q: 2016 clerical error on my brothers paper work online that he never seen n he is still in prison n he never waived his ri
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law
for
California
on
Answered on Nov 22, 2018
Answered on Nov 22, 2018
Dale S. Gribow's answer
MORE INFO NEEDED
SINCE PUBLIC DEFENDER REPRESENTED HIM IT IS THE OFFICE THAT HAD HIM AS A CLIENT.
THEY SHOULD ASSIGN ANOTHER PD TO CLEAN UP ANY PROBLEM.
EVERY COURT IS DIFFERENT......IN INDIO COURT HE WOULD HAVE HAD TO SIGN PLEA FORMS THAT ADVISED AND WAIVES CERTAIN RIGHTS. IN ADDITION THE JUDGE WOULD READ THEM BEFORE IMPOSING SENTENCE.
HE MAY HAVE BEEN NERVOUS AND NOT BEEN AWARE.
MORE INFO NEEDED
SINCE PUBLIC DEFENDER REPRESENTED HIM IT IS THE OFFICE THAT HAD HIM AS A CLIENT.
THEY SHOULD ASSIGN ANOTHER PD TO CLEAN UP ANY PROBLEM.
EVERY COURT IS DIFFERENT......IN INDIO COURT HE WOULD HAVE HAD TO SIGN PLEA FORMS THAT ADVISED AND WAIVES CERTAIN RIGHTS. IN ADDITION THE JUDGE WOULD READ THEM BEFORE IMPOSING SENTENCE.
HE MAY HAVE BEEN NERVOUS AND NOT BEEN AWARE.
Q: Is there any law for allowing an accused child molestor to continue working as a medical provider?
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice
for
California
on
Answered on Nov 22, 2018
Answered on Nov 22, 2018
Louis George Fazzi's answer
Anyone can make an accusation; making an accusation doesn't mean the thing is true, however.
Even someone convicted of child molestation may continue to ply their trade or work in their profession if the person has paid the penalty for their conviction, so long as the public is not in any danger.
Your question raises a whole host of constitutional issues for both the alleged perpetrator and any victims. Unfortunately, for me, it is not the kind of question that yields a simple...
Anyone can make an accusation; making an accusation doesn't mean the thing is true, however.
Even someone convicted of child molestation may continue to ply their trade or work in their profession if the person has paid the penalty for their conviction, so long as the public is not in any danger.
Your question raises a whole host of constitutional issues for both the alleged perpetrator and any victims. Unfortunately, for me, it is not the kind of question that yields a simple...
Q: On my indictment for possession of meth does the actual weight have to be in said indictment
Arthur Calderon's answer
Unfortunately, no, they do not have to put the exact weight of drugs into the indictment; however, that may be something that a criminal defense attorney can attack once they receive discovery from the State.
Unfortunately, no, they do not have to put the exact weight of drugs into the indictment; however, that may be something that a criminal defense attorney can attack once they receive discovery from the State.
Q: what can I do about my neighbors throwing rocks at house and making banging noises outside sometimes?
1 Answer
| Asked
in
Real Estate Law, Civil Rights, Constitutional Law and Land Use & Zoning
for
California
on
Answered on Nov 18, 2018
Answered on Nov 18, 2018
Q: I can't buy a weapon because of 2 domestic violence charges and no felony offenses is that legal they were misdaminors
1 Answer
| Asked
in
Criminal Law, Civil Rights, Constitutional Law and Domestic Violence
for
Texas
on
Answered on Nov 17, 2018
Answered on Nov 17, 2018
Kiele Linroth Pace's answer
If you have been convicted in any court of a misdemeanor crime of domestic violence then it is a violation of federal law for you to possess firearms or ammunition. US Code Title 18 Section 922(g)(9)
It is also a federal crime for a person to sell you a firearm (or even gift it to you) if they have reason to believe you have been convicted of a misdemeanor crime of domestic violence. US Code Title 18 Section 922(d)(9)
This law was passed in 1996 and its Constitutionality has...
If you have been convicted in any court of a misdemeanor crime of domestic violence then it is a violation of federal law for you to possess firearms or ammunition. US Code Title 18 Section 922(g)(9)
It is also a federal crime for a person to sell you a firearm (or even gift it to you) if they have reason to believe you have been convicted of a misdemeanor crime of domestic violence. US Code Title 18 Section 922(d)(9)
This law was passed in 1996 and its Constitutionality has...
Q: How is jurisdiction established when it's questioned? Can I be forced into a contract of another's making?
1 Answer
| Asked
in
Contracts, Traffic Tickets and Constitutional Law
for
New Jersey
on
Answered on Nov 16, 2018
Answered on Nov 16, 2018
Leon Matchin's answer
it's in the beginning of the new jersey court rules. you can easily look them up online.
it's in the beginning of the new jersey court rules. you can easily look them up online.
Q: My husbnd died , he has his friends name on the house that we bought for more ten years ago.How do I take friends nameof
1 Answer
| Asked
in
Constitutional Law and Real Estate Law
for
Massachusetts
on
Answered on Nov 15, 2018
Answered on Nov 15, 2018
Zachary Alan Waksman's answer
It depends on how your husband's friend's name is "on the house". I am assuming that there is both a deed and a mortgage on the house. There is no "one size fits all" for documents related to ownership and loans related to real property such as a house. Deeds and mortgages have different procedures for changing the identities of the responsible parties.
An attorney will be able to help you accomplish your goals.
Good luck.
It depends on how your husband's friend's name is "on the house". I am assuming that there is both a deed and a mortgage on the house. There is no "one size fits all" for documents related to ownership and loans related to real property such as a house. Deeds and mortgages have different procedures for changing the identities of the responsible parties.
An attorney will be able to help you accomplish your goals.
Good luck.
Q: Constitution says the only legal tender is gold and silver to pay off debt but Banking Act of 33 took gold, so what now?
Ronald J. Eisenberg's answer
Here's something to ponder. In Missouri, if you owe someone 15 bucks, the person doesn't need to accept payment via a bag of nickels.
408.010. The silver coins of the United States are hereby declared a legal tender, at their par value, fixed by the laws of the United States, and shall be receivable in payment of all debts, public or private, hereafter contracted in the state of Missouri; provided, however, that no person shall have the right to pay, upon any one debt, dimes and half...
Here's something to ponder. In Missouri, if you owe someone 15 bucks, the person doesn't need to accept payment via a bag of nickels.
408.010. The silver coins of the United States are hereby declared a legal tender, at their par value, fixed by the laws of the United States, and shall be receivable in payment of all debts, public or private, hereafter contracted in the state of Missouri; provided, however, that no person shall have the right to pay, upon any one debt, dimes and half...
Q: How to find a pro bono, full contingency lawyer?
1 Answer
| Asked
in
Personal Injury, Civil Rights, Constitutional Law and Legal Malpractice
for
California
on
Answered on Nov 12, 2018
Answered on Nov 12, 2018
Dale S. Gribow's answer
Much more info needed.
Why don't you write out a summary of the facts that you can present to attorneys to see if any are interested?
If they have the value you suggest you won't have a difficult time.
But establishing value is not easy.
google lawyer for the area of law you are searching for an attorney.
Much more info needed.
Why don't you write out a summary of the facts that you can present to attorneys to see if any are interested?
If they have the value you suggest you won't have a difficult time.
But establishing value is not easy.
google lawyer for the area of law you are searching for an attorney.
Q: Can we get my son out he was charged with sexual but no evidence was given
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law, Constitutional Law and Legal Malpractice
for
Louisiana
on
Answered on Nov 11, 2018
Answered on Nov 11, 2018
Ellen Cronin Badeaux's answer
Your son needs a criminal attorney who has a lot more details of the case.
Your son needs a criminal attorney who has a lot more details of the case.
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