Constitutional Law Questions & Answers

Q: A litigant convinces a NY Supreme Court Justice that a NY statute is unconstitutional- can he refuse to apply the law?

2 Answers | Asked in Contracts, Divorce and Constitutional Law for New York on
Answered on May 26, 2017

What kind of divorce case are you dealing with that would be relevant to Const. Law? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: The state of New York decides its previous 30-year acknowledgement of a class of economic partnership was a mistake.

3 Answers | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New York on
Answered on May 26, 2017

An NY Supreme Court (plenary, county court) justice can determine a law to be unconstitutional and not apply the law, he or she would have to have grounds for doing so based on principles constitutional jurisprudence, scrutiny, and review.
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Q: What is the appropriate Court for a constitutional challenge to a NY statute?

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Answered on May 26, 2017

A Federal District Court located in NY, preferably closest to where the harm / injury / or violation occurred.
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Q: Can a county become a defendant in a public nuisance action?

2 Answers | Asked in Civil Litigation, Constitutional Law, Personal Injury and Car Accidents for California on
Answered on May 25, 2017

There may be another remedy, such as taxpayer action, but there is no private right of action for a public nuisance (with a very limited exception). The State may be able to bring such an action against a county, but not a private citizen.
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Q: Can a ping from a stolen iPhone that supposedly shows my address be probable cause for a search warrant?

1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Answered on May 22, 2017

Yes, this is probable cause for a search warrant.
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Q: If your in a place that is being raided for a search&sezure can the officers actually cavitysearch you in the house

1 Answer | Asked in Civil Rights and Constitutional Law for Connecticut on
Answered on May 20, 2017

A cavity search is highly intrusive, and would generally need to be justified by a warrant.
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Q: Can you be pulled over in your driveway if you never saw the police officer, they never had on their lights or sirens.

1 Answer | Asked in Constitutional Law and Traffic Tickets for Indiana on
Answered on May 20, 2017

Legal? Yes. The cop apparently had a valid pretext for initiating the encounter. You had every right to refuse to answer his questions.
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Q: Who has the sole authority to conduct and oath or affirmation, and/or swear someone in?

2 Answers | Asked in Constitutional Law and Gov & Administrative Law for California on
Answered on May 17, 2017

It depends on the circumstances. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...
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Q: The 2nd of this month I was unexpectedly hospitalized and had a dog at home. I called my mother to explain the scenario.

1 Answer | Asked in Animal / Dog Law and Constitutional Law for Massachusetts on
Answered on May 17, 2017

Definitely contact a criminal defense attorney such as myself asap to discuss your risks and potential civil rights and privacy rights.

See: http://www.aeesq.com/criminal-defense-lawyer/dui-drugs-cannabis/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...
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Q: In N.J. can a Prosecutor draft the indictment 7 days after the hearing unsigned by a foreperson to quash a preliminary h

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Constitutional Law and International Law for New Jersey on
Answered on May 15, 2017

You are asking Warrant vs. Indictment. Indictment is fine as recited above, not a 4th Amendment Violation
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Q: What happens if we are suing the city and police department and after we file and they are served they don't answer

2 Answers | Asked in Civil Rights and Constitutional Law for California on
Answered on May 14, 2017

If they do not answer, hire an attorney to help you with your case. Best of luck
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Q: Is it okay for multiple police officers to hold 4 minors at gunpoint because of a mistake on their side?

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Answered on May 12, 2017

It all depends on the details. Did they reasonably/ objectively fear the minors posed a serious risk or were armed? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: Is is OK for a female police officer to strip search a male inmate

1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Answered on May 12, 2017

I think the jail commission standards require same sex strip search. I don't know how to answer if it is "OK"> Do you mean illegal - possibly, depending on how it is charged. www.JudgeCase.com
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Q: I'm 16 and my boyfriend is 20 if he gets me pregnant can he be charged with anything or go to jail.?

1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Answered on May 11, 2017

The age of consent is 16. Just getting you pregnant would not be a crime.
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Q: Is there any document or court decision that officially superseded the original Articles of Confederation?

1 Answer | Asked in Admiralty / Maritime, Civil Rights and Constitutional Law for Delaware on
Answered on May 11, 2017

The very terms of the Constitution, ratified by 11 of the original 13 colonies, replaced the terms of the Articles. For example, Article 5 of the Articles of Confederation sets out the make-up of Congress, while Article 1 of the Constitution sets out a new, different way to make up Congress. The Preamble to the Constitution itself says that it is now the Constitution. We don't "pretend" the Articles no longer apply. They no longer apply because the People decided to adopt a Constitution in...
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Q: If a woman is 9 weeks pregnant and she wants to leave house, can spouse press charges for stealing unborn baby?

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for Texas on
Answered on May 9, 2017

No. What kind of question is that? You are just kidding, right? Or maybe the spouse isn't from this country?

Women are people, not property. It is 2017, not 1817.
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Q: CPS TOOK MY KIDS WITHOUT A COURT ORDER AND CONTINUES TO HOLD MY KIDS IN FOSTER CARE WITHOUT ORDERS IS THAT KIDNAPPING

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Answered on May 9, 2017

Your first step should be to hire a qualified attorney who can represent you and protect you parental rights. In the meantime, you need to comply with the CPS investigation. In addition, do not engage in criminal behavior, use illegal drugs (including legal drugs which are not prescribed to you), or abuse alcohol or prescription medication prescribed to you. Do not associate with any persons who are doing these things.

A CPS investigation is a very serious matter, and you need an...
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Q: I'm 23 my girlfriend/fiancé is 17 and turning 18 in 5 months. She is going through things at home with her dad

1 Answer | Asked in Civil Rights, Constitutional Law, Juvenile Law and Criminal Law for Ohio on
Answered on May 8, 2017

The father could take legal action against you and involve the police if she leaves home and you assist before she turns 18.
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Q: I was not allowed to testify on the stand for a Family Court visitation trial...

2 Answers | Asked in Child Custody, Family Law and Constitutional Law for New York on
Answered on May 8, 2017

You absolutely had a constitutional, statutory as a right to speak up in your own defense; you said you "could not?" That's in important question so I will appreciate if u hit me back up.

Also... Just out of curiosity did the trail take place in Yonkers? Hal Greenwald?

Finally, a concept that has unfortunately been dropped, THE US CONSTITUTION, us something I just won't let happen.

If you want we can talk in further depth. If we got to that point I would like to see...
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Q: CAN AN OPPOSING PARTY AVOID A VALID SOL TO GAIN AJUDIFICTION ON AN EXPIRED CAUSE OF ACTION to halt the case?

1 Answer | Asked in Constitutional Law, Products Liability and Civil Litigation for California on
Answered on May 5, 2017

It sounds like your complaint was untimely filed after the SOL deadline, yes? If so, what would be your basis for appeal, as I don't hear one in these facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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