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Does Article 1, Section 13 of Missouri's Constitution prohibit the state from enhancing a DWI sentence due to prior offenses? I am 61 years old and currently receiving disability benefits due to 4th-degree burns covering 40% of my body, which also cause general immobility. My previous offenses... View More
answered on Nov 3, 2025
The short answer to the first part of your question is no. I'm assuming that you're referring to the ex post facto law reference in Article 1 § 13. Remember that while DUI sentencing enhancement may not have existed when you got your prior DUI/s it did exist prior to the most recent DUI... View More
Is it possible for the state of Missouri to enhance my DWI charge to a B felony due to previous offenses despite Article 1 Section 13 of the Missouri Constitution? My most recent DWI occurred in 2015, and although I have prior offenses, none have involved crashes or injuries. Additionally,... View More
answered on Nov 3, 2025
The short answer to the first part of your question is no. I'm assuming that you're referring to the ex post facto law reference in Article 1 § 13. Remember that while DUI sentencing enhancement may not have existed when you got your prior DUI/s it did exist prior to the most recent DUI... View More
In 2022, I discovered that my tax filings were rejected because my ex-husband filed them without my knowledge, forging my signature. The IRS advised me to file for identity theft, not for innocent spouse relief. Can the false component of this filing be sufficient to vacate a Marital Settlement... View More
answered on Oct 30, 2025
1st question is when did you discover that your ex filed the joint tax returns
2. what financial harm occurred to you as a result of the joint tax filing
3. what did the settlement agreement say about the joint vs separate tax filing for that year - were you to file separately or... View More
I am helping my brother who believes he is a victim of targeted illegal activities in Texas. He claims he is experiencing shadow banning, smear campaigning, weaponization, and gang stalking. This allegedly began in Houston in 2019 when he believes a chip was implanted during surgery for illegal... View More
answered on Oct 30, 2025
In addition to what Mr. Arrasmith says, your brother should immediately get scanned by a doctor of his own choosing to determine the exact location of any implanted chip, should hire a surgeon to remove the chip (which will be THE critical piece of evidence in asserting any claim), and hire an... View More
I live in California and I'm dealing with a bad faith insurance issue. During my phone calls with the insurance company, I usually manage to record when their automated system states "this call will be recorded for quality and training purposes." However, in one instance, I... View More
answered on Oct 28, 2025
Defense counsel would face an uphill battle trying to exclude this as admissible evidence under California Penal Code Section 632—the argument itself would be borderline frivolous.
In California, generally, recording merely needs to be announced, and if the other party stays on the call,... View More
Is a bail amount of $100,000 considered excessive for an individual facing multiple pending theft charges, given their lengthy criminal history of theft and drug charges, and having previously served 15 years in the state prison system? Additionally, this individual has an annual income of... View More
answered on Oct 27, 2025
Bail decisions are driven by community safety considerations and failure to appear history. A person's criminal history, failure to appear for court history (how many warrants issued), and other factors - such as community ties, passports for other countries, etc., can be things that... View More
I am developing a search engine that generates AI-created summaries of publicly available webpages, mainly news articles, blog posts, and informational sites. The summarization is optional and occurs only when a user clicks a "Summarize" button next to a search result. Each summary is... View More
answered on Oct 24, 2025
AI summarization should not be covered by copyright law at all. Copyright is intended to protect specific embodiment of creative content. Copyright regulates specific words, rather than the ideas embodied therein. Summarization, while covering concepts, would not be a copy of the creative work as... View More
I am developing a search engine that generates AI-created summaries of publicly available webpages, mainly news articles, blog posts, and informational sites. The summarization is optional and occurs only when a user clicks a "Summarize" button next to a search result. Each summary is... View More
answered on Oct 24, 2025
In some AI cases, the closer the AI output replicates its input, the more likely it will be considered copyright infringement, in cases where the original source is not credited, and the output is not being used for a different purpose or context.
In your facts you state that you have... View More
I was subjected to a search of my home on September 19 due to a warrant citing suspicion of drug use, but it didn't have my legal name. I was arrested without consenting to any searches or questioning and wasn't given a copy of the warrant or an explanation for the lack of a preliminary... View More
answered on Oct 22, 2025
I understand how upsetting it must feel to be arrested and have your home searched under circumstances that seem unclear or possibly unlawful. It is reasonable to be concerned about your rights, especially when the warrant did not include your full legal name and you were not provided with a copy... View More
I ordered several guns online through Gunbroker, having them transferred to a Glock store. However, the store refused to release the firearms, claiming that I was an arms seller. They have also banned me from the store, informed other stores not to do business with me, and refused to conduct... View More
answered on Oct 17, 2025
You are going to have to hire an attorney to sue the firearm dealer who has your guns. If they are already paid for, including the local dealer/defendant's fees, then you might file an Action To Recover Personal Property in General Sessions. But most likely you will have to sue in... View More
I'm dealing with a legal issue stemming from a traffic stop for a cracked windshield. During the preliminary hearing, the officer testified that there was only a single hairline crack. My attorney mentioned the reasonable articulable suspicion was that the officer thought I would commit a... View More
answered on Oct 16, 2025
Providing such specific legal advice on a forum like this is problematic. If you have fired the attorney who represented you at the preliminary hearing, then you should contact and hire a new attorney. Upon doing so, the questions you have can be answered by your new attorney - after the attorney... View More
I was convicted of a level 6 felony for resisting law enforcement with a vehicle in Indiana nine years ago and have had no new cases since then. I have not had my civil rights restored, and there have been no modifications or changes to my record, such as expungement or a pardon. Given these... View More
answered on Oct 10, 2025
You are prohibited from carrying a firearm by State and Federal law due to the felony conviction. If the charges were reduced to a misdemeanor then your State rights would be restored by the fact of the change in conviction. However, you may still have to go through a federal restoration to be... View More
I was arrested by state police in Illinois after I parked my car in front of my house. They claimed it was for speeding. The police handcuffed me and searched my car without my consent, stating they were afraid I might have a gun. They found an open bottle from the night before in the car, though I... View More
answered on Oct 8, 2025
You can always fight anything. What you are really asking is what your chances are of having the matter dismissed. You can answer that question by reflecting on two things: 1.) Were you speeding, and if so, how far were you from your home when you were speeding? AND 2.) Is your home address the... View More
I want to know if law enforcement can search my home solely based on my criminal history, given that a crime was committed at another home that I occasionally visit. There are no legal actions or investigations involving me, but the police asked me to come and talk with them where they inquired... View More
answered on Oct 6, 2025
No, the police can't search your home based "solely" on your criminal history. The fact that police asked for you to go talk with them suggests that there was an investigation "involving" you. Why else would they want to talk to you or to search your phone? There was, of... View More
I want to know if law enforcement can search my home solely based on my criminal history, given that a crime was committed at another home that I occasionally visit. There are no legal actions or investigations involving me, but the police asked me to come and talk with them where they inquired... View More
answered on Oct 6, 2025
You cannot be forced to talk with the police if you do not want to. This is your privledge guaranteed by the fifth amendment to the U.S. Constitution. As far as the police searching your private effects for evidence, unless you consent to a search they need a warrant. The only exception is if they... View More
I was stopped by police who conducted two roadside breathalyzer tests, both showing a result of 0.00. After these tests, I was asked to submit to a blood test. Is there a specific Georgia code that pertains to the number of roadside chemical tests the police are allowed to request, and is it legal... View More
answered on Oct 3, 2025
Yes-the roadside test you're referring to is not actually a breathalyzer; a breathalyzer is a larger, more scientific instrument that you would take a test on back at the jail or at the police station. The hand-held one on the side of the road is called a portable-breath test; it's... View More
I've been in a lawsuit for thirteen years, and the lawyers involved have been controlling my life, limiting my rights, and dictating my choices, including financial transactions and travel plans. Despite seeking assistance from various sources, I have been unable to regain my autonomy and... View More
answered on Oct 2, 2025
Thirteen years is a really long time to be tied up in one case, and I can understand why you feel like it’s controlling your life. The best next step depends on what kind of case this is (family, probate, civil, guardianship, etc.), because the court’s authority comes from that. If there are... View More
I am seeking advice regarding a homestead exemption issue. My former second home, used as a vacation property, was held in an LLC. When my divorce was finalized at the beginning of the year, the property transitioned to being my primary residence. I intended to homestead the property and have been... View More
answered on Oct 2, 2025
You are not going to have a chance at success without a lawyer. Based on the facts in your post, you don't have a winning argument in my opinion. Your intent to transfer means nothing. Either the property is transferred out of the LLC or it is not at the time that you applied for the... View More
I am facing a legal issue involving the unlawful removal of my child by DSS without a valid court order at the time of removal. There was a denial of my due process rights, as I received no notice, petition, or service before custody was taken. Additionally, wrongful no-contact orders have been... View More
answered on Oct 2, 2025
If DSS removed your child without a signed order in place and didn’t give you notice or paperwork, that’s a serious due process concern. In North Carolina, DSS must either have an emergency order or get one signed right away, and parents are entitled to notice and a hearing. Your next step is... View More
I have pending federal court cases, including an appeal for a wrongful conviction and an asylum claim. I am representing myself but need a free attorney to assist with my legal issues, as I cannot afford to hire one. What options are available for getting free legal assistance in this situation?
answered on Oct 3, 2025
In addition to traditional resources for legal aid and pro bono legal services which you've probably explored, an additional resource that could be worth exploring might be student-faculty organizations at local law schools. The New York metro area has a high density of law schools, and some... View More
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