Lawyers, Answer Questions  & Get Points Log In
Constitutional Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights, Constitutional Law and Consumer Law for California on
Q: Can you be arrested in airport for transport of marijuana without the police showing you any evidence of marijuana?

Police arrested me and stated that they got marijuana out of my checked back in Sacramento. I never gave a statement. They never show me they had marijuana from my bag. They didn't show me anything.

Louis George Fazzi
Louis George Fazzi answered on Jul 28, 2021

This is the legal forum for California residents. You need to post your question for lawyers in your state, or in the state where the events took place.

1 Answer | Asked in Employment Law, Constitutional Law and Employment Discrimination for Arizona on
Q: My husband was fired due to him having an 11yr old felony he reported when he was hired two weeks ago, is this legal?

Is this an unfair dismissal being that he was already working for two weeks? He was approached by his supervisor of two weeks who told him the company does not hire people with his type of charge. Which was a sexual offense. The company he was working at was a metal crafting company

Rhiannon Herbert
Rhiannon Herbert answered on Jul 27, 2021

Unfortunately, there is no law that prohibits employers from firing or refusing to hire individuals based on prior criminal convictions. However, if you believe your husband was targeted for termination for a different reason unrelated to his past convictions, then you should contact an Arizona... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Constitutional Law for Louisiana on
Q: What can someone2 do?

If someone1 sold their property to someone2 , and someone1 went to the judge and said that someone2 had stole property ??

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 26, 2021

Get a criminal attorney.

1 Answer | Asked in Personal Injury, Civil Rights and Constitutional Law for California on
Q: I'm being harassed nmy privacy is invaded by drones, can I sue the drone operators or the department their employed by?

Duration of harassment is almost 1 yr. Drones are tracking my movements inside my home n following me as I drive. I believe it's law enforcement related n I know the location of their llaunch site but they won't allow me to confront them without threatening behavior from personal

Dale S. Gribow
Dale S. Gribow answered on Jul 23, 2021

anyone can sue anyone for anything at any time.

the question is will you win.

i don't handle drone cases............however, if there is a case and you can't find a lawyer, you can always consider small claims court.

1 Answer | Asked in Constitutional Law for Mississippi on
Q: Can you be denied a continuance if your trying to hire another attorney to represent you in trial
Arthur Calderon
Arthur Calderon answered on Jul 21, 2021

Yes, depending on the circumstances. Oftentimes, judges will allow a continuance so that you can try to secure private counsel; however, they will also typically give you a deadline to hire a lawyer, otherwise you will have to move forward with a public defender or without representation.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Transfer to Civil court..??

Pro Se, 2 court dates already, did not plead, no contract signed, talk to DA, told me if I wanted to transfer to "Civil Court" (Jurisdiction..??).. Is discovery motion not allowed on a speeding ticket (radar) in TN...??

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2021

Not sure of your question, but it appears you do not know what you are doing. If a speeding ticket, then it is a criminal case.... Appeal De Novo is to Circuit Criminal Court, but a jury is not an option. Discovery is possible but the Court will not actively force the State to comply. A Bond... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Can a homicide detective at the prosecutor's table use different color pens to signal a testifying witness during trial?

This witness was also routinely taken to RJD to visit her husband. After each visit the detectives interviewed her and she had fresh first hand information. In fact, the DA was allowing her husband to testify through his wife. They knew where the information originated, but allowed her to testify... Read more »

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

Why don't you just share that with the criminal defense lawyer?

View More Answers

1 Answer | Asked in Criminal Law, Child Custody, Constitutional Law and Juvenile Law for Texas on
Q: Can I be charged if I gave a ride to a minor that i did not know was running away

Sons gf lives with uncle and grandma her mom lives in Mexico she had a argument they told her to leave her mom talks to me ask me to give her a place to stay three days later she went home again with uncle and grandma following day she asked me to pick her up and drop off at a store for someone... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 16, 2021

The answer is "yes", you can be charged if the police have reason to believe you are not telling the truth about how much you knew. Quit talking to the police and get a lawyer. If the police believed you, they wouldn't be threatening to try to convince the D.A. to prosecute you.... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Maryland on
Q: how do the police determined Adverse Possession

how do the police determined Adverse Possession

Mark Oakley
Mark Oakley answered on Jul 15, 2021

They don't. Not their decision or jurisdiction to make such determinations. The person claiming adverse possession must file a lawsuit in court against the titled owner for the purpose of divesting the titled owner of title to the land, based on the person in possession of the property... Read more »

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Car Accidents and Constitutional Law for Oregon on
Q: Who can I sue if I was involved in a two vehicle collision and was wrongfully given a citation? I've plead not guilty.

Without giving away too much information: I was positioned a parking lot positioned east headed south back towards my hometown. I was making a left turn as the collision happened. We got tboned by a car in the passing lane and the blame was unfairly put on me. I received a citation for careless... Read more »

Virgil Royer
Virgil Royer answered on Jul 13, 2021

I am so sorry to hear that you were involved in an automobile accident. You mentioned, "we", so I hope everyone is alright. It is even worse when you get blamed and cited for an accident. First, I can understand the frustration. You must set aside your feeling of being "wronged"... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: Can police take cell phones?..& is 18 months before even being offered a plea a violation of a right to a speedy trial?

Defendant was indicted on charge for poss.of g2 cs 1-4g’s. After a year & a 1/2 of rescheduling court dates, prosecutor offered a plea bargain that was reluctantly accepted by defendant after advise from court appointed counsel.

Defendant believes counsel was overwhelmed &... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 10, 2021

First, I am not a Texas lawyer. But I believe that the initial procedure you should explore is a motion before the trial court to nullify your plea. I would assume that in the questions you were asked before entering that plea, is that you have given up any right to appeal. So the first thing is to... Read more »

1 Answer | Asked in Consumer Law, Civil Rights, Constitutional Law and Municipal Law for Oregon on
Q: I'm having a hard time finding a list of contaminates that my City must test our ground water for and how often for each

I am trying to decipher our CCR, and I don't think that our City is testing for everything it needs, and it seems to be missing some information. I need to know if the Health Effects Language must be included or is just the likely source of contamination sufficent and what contaminates need... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 10, 2021

An Oregon attorney could advise best, but your post remains open for a week. A starting point could be environmental agencies and public health agencies in Oregon. On the federal level, the U.S. Environmental Protection Agency oversees environmental law, but nationwide, state departments of... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Texas on
Q: What motions and forms do I need to e-file on a 481.121(b)(1) charge in Montgomery county Texas...

I am not guilty, I had no knowledge of the marijuana being in my vehicle, and I denied the police permission to search my vehicle. I want to get my case dismissed.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2021

Getting a dismissal in a case like this isn't about filing motions and forms. The most likely path to dismissal will require a suppression hearing, the success of which is likely to depend on legal technicalities regarding the stop, the search, the arrest, and the transition from a traffic... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: A search warrant was served at my friend's home where I rent a room from them. Can they search my things in my room

I have a lock on the door I was asleep with the door shut. They came in I was naked they uncovered me twice knowing I had no weapons and no clothes on

Arthur Calderon
Arthur Calderon answered on Jul 5, 2021

Provided that the warrant was a valid warrant, then law enforcement would be able to search that room with very little exception. That being said, the warrant validity could be challenged, especially if they presented false or misleading information to secure the warrant.

3 Answers | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Did my landlord violate my privacy?

So, I know I'm in the wrong too, but I need to see the best way to go about this. I have outside cats and just move where the landlord doesn't want animals, but they are outside cats. For my own reasons, I didn't mention it and just need a week or so for them to get use to their new... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 2, 2021

Sorry, but you probably violated your lease (which we cannot review here online), requested service and now are upset the landlord found out you have cats in his house. It is logical to check each AC vent when there is a complaint the AC is not working properly. A landlord in Florida has the... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: If a psychiatrist makes a false report with lawyer in on it. Is it a crime because it falls under Texas Rules of Evidenc

Judge signs for psychiatrist to see me April 30 and resend is lawyer could not talk to me about case, said I was argumentative or did not meet him. Court records shows he said he tried to meet me on May 3. But doctor report is also dated May 3. How can I argumentative with a man that I never meet?... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 1, 2021

No, there are not any offenses defined in the Texas Rules of Evidence. That said, Tampering with a Governmental Record is an offense defined in the Texas Penal Code.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Can a Da.proscutore that was against you be your judge later down the road what are the stimulation of my rights for tha
Dale S. Gribow
Dale S. Gribow answered on Jun 30, 2021

ask that of your lawyer who has all the facts.

i suspect if it is mentioned to the judge s/he will recuse themselves.....otherwise your lawyer makes a motion

1 Answer | Asked in Constitutional Law, Criminal Law, Federal Crimes and Civil Rights for Michigan on
Q: Where does Congress get its constitutional authority to pass federal criminal and civil laws? Congress has the enumerate

authority to pass criminal laws when crimes happen on federal territory, on the high seas, relating to piracy, and in the military. Most say Congress can make criminal and civil laws using Clause 3 of Article I Section 8 of the Constitution (regulating interstate commerce), but isn't the... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 29, 2021

Good questions. Federal crimes are connected to interstate commerce. Commonly, federal criminal cases involve multiple defendants in multiple states. Guns used in crime came from somewhere, and usually not from the state where the crime occurred. For example, a gun may have been stolen from someone... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Michigan on
Q: Let's say a person from Michigan has beef with a person from Ohio. The person from Michigan gets in their car and drives

to Ohio and kills the person they have beef with. Is that considered federal felony murder because they crossed state lines to kill a person in another state? Will the murderer be charged with federal murder, Michigan state murder, and Ohio state murder? Also, are the US Codes all the laws... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 28, 2021

Not necessarily. Federal criminal law is concerned with interstate commerce. Under your fact scenario, the person would be charged with murder in the state the murder happened: Ohio. Note that Ohio has the death penalty, unlike Michigan.

1 Answer | Asked in Constitutional Law, Libel & Slander and Personal Injury for Kansas on
Q: How do I file a motion for abduction prevention act
Tim Akpinar
Tim Akpinar answered on Jun 27, 2021

A Kansas attorney could advise best, but your question remains open for two weeks. At this point, it could be worth considering reaching out to Kansas attorneys to discuss. The format here is basic, general questions. When it comes to filing motions and other more complex elements of actual... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.