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Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Arizona on
Q: how do I legally create a militia in AZ? What can I not do?

I created a group that consists of 23 people. We have soldiers, cooking staff, registered nurses, maintenance crew, and a supply/inventory crew that would come together in the event of a total collapse of the government and the United States. I was thinking about having some of us register as NRA... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Apr 1, 2020

As a criminal defense lawyer, I don't have the best answer for you. I recommend that you contact a lawyer who specifically deals with constitutional law as this is going to be up the alley of constitutional freedoms such as speech, assembly, etc.

On the criminal defense side of things, I...
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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Tennessee on
Q: I'm being wrongfully accused I am innocent there is witnesses an proof but the sheriff's won't accept any of it

They say 3 witnesses say I did it but I have 5 witnesses that can say I didn't and the video footage they have from my neighbor showing a vehicle leaving my driveway not being drove by me can show that I left 30 mins to an hour before it did what can I do when they seem determined to arrest me for... Read more »

Cayley Turrin
Cayley Turrin answered on Mar 31, 2020

You should hire an attorney immediately for your case.

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1 Answer | Asked in Banking, Civil Litigation and Constitutional Law for New Hampshire on
Q: What standing does the 14th amendment have over any type of bank debt ? My understanding is debt occured that is funded

By the European Cental Banks (Fed is funded by those banks) are unconstitutional under the 14th amendment ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 30, 2020

The fourteenth amendment does not apply to any sort of "bank debt" per se--European or otherwise. The fourteenth amendment--among many other things--protects all individuals subject to the Constitution--and certain entities--from a state government "taking" of property without "due process of law."... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: My neighbor has several CCTV pointed at my property and he took footage of me an has police thinking I committed crime

Is it legal for him to do that if he didn't actually see who did the crime but he told police I did it an showed them pics of someone driving a vehicle and said it was me they have a warrant for me now an I'm innocent if they watch his cameras they would see me leaving before these other vehicles... Read more »

Shanone Emmack
Shanone Emmack answered on Mar 29, 2020

It is not illegal if your neighbor thought you committed a crime involving his property. If there is a warrant then you are going to need to call the Sheriff's department and see if they want you to turn yourself in. Because of COVID-19 , people with warrants are being booked then released on a... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Small Claims for California on
Q: i have been staying at this hotel in cali for 2 months same room never checked due to coronavirus I cant pay

becuase i cant work on the 22 I was told I owe 250 in which the manager wouldn't give me my receipts because I would get lawyer then the police were called to remove me I told them what happened they said to be out by the next day and left thats when the hotel manager said she was wrong I owed... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 29, 2020

I can't even make out what your question is. You can't go anywhere due to the coronavirus restrictions, so just stay where you are. The hotel will get paid eventually by the government, so there's no reason to worry about anything.

Always be polite with the police. And try to be reasonable...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: What to do in a civil court case concerned a cat we considered a stray/neglected?
Tim Akpinar
Tim Akpinar answered on Mar 27, 2020

There's a section here for Animal/Dog Law. If you wanted to try reposting there (there's no guarantee that all posts receive responses), you might have better chances of your question being seen by someone knowledgeable in this area. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law and Constitutional Law for New York on
Q: Can a person be denied purchase of a home in New York City simply because their social media page shows them hunting?

Friend is trying to purchase an apartment in NYC but has been told that they couldnt do the sale since he had pictures of himself hunting in Texas on his social media.

Gregory Byrnes
Gregory Byrnes answered on Mar 26, 2020

Yes, it's likely they can refuse to sell because they are not a protected class under Federal, State, or Local Law. If they are already in contract this would be a different story depending on the contract. You can check the AG's website for more information.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can you film a member of the public if they are involved in a police incident?

This would be on public property.

Brent T. Geers
Brent T. Geers answered on Mar 26, 2020

Yes, quite likely. Generally, you may film or take pictures of anything or anyone you can see from where you are lawfully present. What you do with those images is a different matter. Although I would say that the law allows far more than what personal ethics and morals might.

1 Answer | Asked in Constitutional Law for Tennessee on
Q: What happens if I start a construction project that requires an NPDES permit but I do not even try to get a permit.
Tim Akpinar
Tim Akpinar answered on Mar 25, 2020

You need to pose this to a Tennessee attorney, but your post remains open for four weeks. Contact a Tennessee environmental attorney (there's a section here on that). You're talking about an environmental law matter more so than a constitutional law matter. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights and Constitutional Law for Maryland on
Q: So in the state of maryland I can film anything from public property? That would mean there's no expectation of privacy?
Mark Oakley
Mark Oakley answered on Mar 25, 2020

“Film anything from public property”—no, if by that you mean peering into the interior spaces of someone’s home through their windows or into areas where there would be a reasonable expectation of privacy. It does not matter that you happen to be standing on public property if you are using... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: In a plea deal it says if you don't except the plea you can face more time to sentence isn't that considered threat

In plea deals it states if you except the plea charges will be taken off and you plea for lesser time

But if not then you are getting the original charges if wanted plus some and looking at a longer sentence

Isnt that bribing,threatening,intimidation

And against our... Read more »

Stewart Salwin
Stewart Salwin answered on Mar 24, 2020

As a question of criminal justice philosophy, your point is well taken. Many legal scholars argue that the massive disparities between what a criminal defendant would be sentenced to if he pled guilty to an offense versus if he went to trial create a constitutional problem. My former criminal law... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law, Government Contracts and Juvenile Law for Illinois on
Q: I got pulled over after getting caught stealing from a gas station and that day was my last day of court supervision

I was just wondering is that going to go against it because by then I will have my court date in a few weeks away I would also like to add I’m a minor and was under the influence and they breathalyzer but they just let me go and said they send the tickets in the mail I’ve dealt with cops a lot... Read more »

Juan Ooink
Juan Ooink answered on Mar 23, 2020

Your Court Supervision should be fine, but you really need to have your parents hire a criminal defense attorney for you in order to assist you with these new charges. The sooner an attorney is hired, the better.

1 Answer | Asked in Constitutional Law and Federal Crimes for Kentucky on
Q: On Fed Supervision (Western District KY) Want to move/get married out of state, how does covid-19 affect this?

hello. I am currently on federal supervised release in the Western District of Kentucky and due to covid-19 my travel plans are being denied to visit my fiancé in Western District of Pennsylvania. We are planning to get married and I am wanting to move to PA be with her. She is a property owner in... Read more »

Timothy Denison
Timothy Denison answered on Mar 21, 2020

Until covid-19 is over, you’re stuck bc the courses are closed except for emergencies. The PO cannot prevent you from getting married but she can prevent you from moving until approval from the Court is obtained.

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Tennessee on
Q: can The state legally request more documents

I filled for a concealed carry permit through the state of TN. After my background check was conducted they found that I was convicted of criminal damages to property- misdemeanor when I was 17, this was 14 years ago. The state has now asked for certified court documents on the case. However the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

You will have to provide the State the requested documents. The Department of Safety issues the HCP, and if they do not want to, they don't. If denied, you can file a declaratory action in General Sessions Court very soon after the denial. Denial of a HCP does not mean you necessarily have a... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Maryland on
Q: Can a news station block me from exercising my freedom of speech on their Facebook news posts?

No threats were made, but I did use vulgar language to express my disgust of their coverage.

Mark Oakley
Mark Oakley answered on Mar 11, 2020

Yes. Media companies are private parties. The First Amendment only bars the government from infringing on your freedom of speech, not private parties. You can post on your own Facebook page, and bar others from posting on your page. You have no right to force others to let you post on theirs.

Q: How can I prove I am being harassed by the city

Code enforcement is harassing me. Now they are targetting my neighbor for helping me

Louis George Fazzi
Louis George Fazzi answered on Mar 10, 2020

You need a lawyer who knows how to protect your civil rights. Code enforcement harassment can result in liens against your property which then drive up your mortgage payments and can put you in danger of losing your home if you can't afford the new payments your mortgage company can force on you if... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Arkansas on
Q: The police arrested my friend for having a handgun in his pocket. Isn’t Arkansas a permitless carry state taff v state?
W. Whitfield Hyman
W. Whitfield Hyman answered on Mar 5, 2020

Yes and another case came down Thursday confirming that again. These police officers broke the law and your friend could probably sue them. I defend these cases and sue over constitutional violations, another attorney and I just won this case:

Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Juvenile Law for Florida on
Q: My soon to be husband has been incarcerated for 12 years He was sentenced to 30 yrs imprisonment followed by 30 yrs pro

He's been in since the age of 17 for robbery. What can I do to try and get a reduced sentence? We are inclined to believe that sentence is excessive therefore violating the 8th amendment

Henry George Ferro
Henry George Ferro answered on Mar 4, 2020

You are not providing any factual information necessary to make determinations as to whether the punishment herein violates the 8th Amendment. You should seek a lawyer immediately and have this file thoroughly reviewed.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Florida on
Q: Fl. PCR..I am incarcerated & file ineffective council does the state require they provide attorney to review for errors?

Defense allowed Motion in Limine for co conspirator. Public def stated in court "I have not researched this case I am not ready for trial" 3 days trial began. I was DENIED hiring private council due to court imposed time constraints. Perjury by witness/victim. Burglary with mask. Battery with mask... Read more »

Keith Upson
Keith Upson answered on Feb 25, 2020

What's the question? Whether you are entitled to the appointment of counsel in postconviction proceedings?

No. The Sixth Amendment right to counsel does not extend to postconviction proceedings. However, if a trial court sets your postconviction motion for hearing, the court will often...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for New York on
Q: I have a Divorce Action pending. Who is the best Civil Rights Atty. in Albany, NY, that protects "Freedom of Religion"?

Also: I am at the Appeals Level of my case. I need help now. Time is of the essence.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 24, 2020

Contact your local bar association for attorney specialties and recommendations.

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