Constitutional Law Questions & Answers

Q: Can I keep someones car if they owe me money? If they report car stolen could I get in trouble for having a stolen car?

1 Answer | Asked in Civil Rights, Collections and Constitutional Law for California on
Answered on Feb 17, 2019
Vernon Charles Tucker's answer
Depends on what the car is worth and how much is owed to you. Also I would need to know what the loan was for? Did you do work to the car and then you did not get paid?

Q: Are there any lawyers with experience in the mental health laws is Virginia?

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Health Care Law for Virginia on
Answered on Feb 16, 2019
Timur Akpinar's answer
One option is to check with the Virginia State Bar's Lawyer Referral Service.

Tim Akpinar

Q: Is our court actually considered a tribunal as in Admiralty law. The judge, DA and the prosecutor?

1 Answer | Asked in Admiralty / Maritime, Constitutional Law, Gov & Administrative Law and Military Law for North Carolina on
Answered on Feb 16, 2019
Timur Akpinar's answer
People use the terms loosely, but U.S. Constitution grants U.S. Courts authority to hear admiralty cases in Section 2 of Article III. In terms of maritime prosecutions, it is common for them to sometimes be handled jointly between the U.S. Department of Justice and U.S. Coast Guard, depending on the nature of the crime.

Tim Akpinar

Q: What is the law regaurding witness testimony when the witness admitts to being on and using drugs?

3 Answers | Asked in Criminal Law, Constitutional Law and Construction Law for Texas on
Answered on Feb 12, 2019
Gary Kollin's answer
It will be one of the factors the jury will considered when evaluating the credibility of the witness’ testimony

Q: I was detained while in line paying for gas. I was accused of give a fake 20$ to the clerk. I asked to see the money was

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Answered on Feb 12, 2019
Daniel John Christensen's answer
I am sorry to hear about your experience. I would suggest you contact a Board-Certified Criminal lawyer as soon as you can. We are Board Certified lawyers, however, we handle personal injury matters. If we can ever help you, please feel free to give us a call. 512-888-9999. Good luck.

Q: Are all ex post facto claims, constitutional claims?

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law on
Answered on Feb 10, 2019
Gary Kollin's answer
I believe will be a violation of the honor code for you to ask other people to do the work for you. Good luck

Q: Someone suggested to prevent shoplifting at retail establishments that merchants should have all customers stand on

2 Answers | Asked in Constitutional Law for Delaware on
Answered on Feb 9, 2019
Timur Akpinar's answer
It's an interesting question. Criminal law attorneys are the ones who know the Fourth Amendment best. The Fourth Amendment essentially provides protection to people against unreasonable searches. Constitutional law scholars might argue either side of the issue. It doesn't seem like something on which there would be abundant case law, but if there is, that might help answer your question. From a practical standpoint, the precision of measurement instruments needed to detect low weight/high cost...

Q: I was convicted of a crime and feel I've been abused by the system what should I do?

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice for California on
Answered on Feb 8, 2019
Louis George Fazzi's answer
Reach out to the ACLU [https://www.aclu.org/],

or contact the Innocence Project [https://californiainnocenceproject.org/?gclid=CjwKCAiA7vTiBRAqEiwA4NTO619-Cl7XEVBnG1ildi__nhZVMsPTWVi4E3yqcx9_XbJZE06PEobbxoC4JgQAvD_BwE]

You can copy and paste either link in your browser.

Focus on lawyers with criminal defense experience, and if you have family members who can help, ask them to assist you in finding a good lawyer to help you. Some of the biggest law firms in Los Angeles...

Q: I'm being charged with 594(2) (a) PC mis in Amador county California now court ordered me to book and release ?why?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Answered on Feb 8, 2019
Dale S. Gribow's answer
much more info needed.

if you are asking to get an arrest off your record, i am not aware of how to do so.

you can get a conviction off your record .......on a felony filing 17B tor educe to mids and then 1203 to dismiss

Q: how to file prosecutorial misconduct, my mom was yanked out her front door , and not asked if they can search her home.

1 Answer | Asked in Constitutional Law and Criminal Law for California on
Answered on Feb 7, 2019
Dale S. Gribow's answer
To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.

I would strongly suggest you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry....

Q: So in the Meyer v Nebraska case why was it ruled unconstitutional and what evidence did they have to prove that

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Texas on
Answered on Feb 7, 2019
Gary Kollin's answer
Cool Simon. They deal with assignment is for you to do the work not to ask someone else to do it for you.

This is a public forum. I hope for your sake that your teacher does not also utilize this forum and discover your question.

This sounds like a violation of the honor code to me

Q: Can the same court hold a new pitchess motion when they have already proven to be bias?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Feb 6, 2019
Dale S. Gribow's answer
i have always had problems in Ventura County too.

they treat lawyers as poorly as some litigants.

why not google legal aid and see what criminal lawyers come up that will handle pro bono or at a reduced fee

Q: What constitutes innocence vs guilt?

1 Answer | Asked in Constitutional Law and Criminal Law for Texas on
Answered on Feb 5, 2019
Kiele Linroth Pace's answer
Assuming both videos are shown to the jury, they will decide how to weigh the credibility of each recording. Expect each side to argue for the relative importance of their preferred video... or sometimes you'll see one side focus on the similarities between the two recordings and the other side focus on the differences. They may bring an expert witness to highlight flaws in the interview technique... or attack the credentials of the interviewer.

Lots of things COULD happen. Have a...

Q: Can city police departments be sued for using dogs inside a criminals home ,and the dog was in the leash the whole time?

1 Answer | Asked in Animal / Dog Law, Constitutional Law, Criminal Law and Personal Injury for Florida on
Answered on Feb 4, 2019
Peter Munsing's answer
I don't see it. They are required to secure fugitives. When you didn't come out you put yourself in that classification. If the dog was never unleashed they likely used the least intrusive alternative. Contact the Fla. civil liberties union to see if they have a different take.

Q: Is the law habitual beggar of Salisbury Maryland 21801 unconstitutional or constitutional ?

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Maryland on
Answered on Jan 31, 2019
Mark Oakley's answer
The test of constitutionality of anti-begging laws can be quite complex and very fact-based. Whether the particular law in question violates the First Amendment or other constitutional prohibition would require a detailed analysis which your post does not provide a sufficient basis to do. Many anti-begging laws have been upheld under Supreme Court precedent, while other have been struck down. If Maryland's appellate courts have not reviewed the particular law (or one just like it) in...

Q: Lady walking her dog at night, was returning home and police blocked her driveway and proceeded to question her

1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Answered on Jan 28, 2019
David Edward Boyle's answer
Maybe, it is a very fact specific inquiry and the lady needs to talk to a lawyer.

Q: What is the amount of time a tenant has to move when a house changes ownership and their rent is up to date?

2 Answers | Asked in Constitutional Law, Consumer Law and Real Estate Law for Missouri on
Answered on Jan 24, 2019
Ronald J. Eisenberg's answer
The change of ownership is not generally significant so long as the lease is still in play.

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