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Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Virginia on
Q: Is it legal to transfer someone across state lines in reference to a civil case without any extradition hearing?

I have filed a Habeas petition in the 4th circuit on this issue. See Hommel v. Unknown, et al. I was civilly commited in virginia in 2007, but never was commited, as the order was stayed. Instead i was transfered to Federal custody in the northern district of ohio where i served approx. 10.9... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jul 1, 2020

I regret that I do not handle criminal law matter. Sorry.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Libel & Slander for Utah on
Q: Someone has committed criminal defamation against me, what do I do? Should i report it to the police?

In a report made to the police in another matter my neighbor told them I am schizophrenic and that is totally %100 flase, she has also spread this falsehood around the neighborhood to other people.

I can file criminal charges right?

76-9-404.  Criminal defamation. 

(1)A... Read more »

Mike Branum
Mike Branum answered on Jun 30, 2020

Defamation is a civil matter. The police are not going to take a report. What you are referring to is filing a false police report. Unless your mental capacity was relevant to the police matter, it is unlikely criminal charges would be sustained for falsely telling police you are schizophrenic. The... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Texas on
Q: My friend was arrested over 3 months ago and has not received his police report.

My friend was arrested over 3 months ago and has not received his police report. They keep telling him it's not ready. How long can they withhold his report?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 29, 2020

Pursuant to article 39.14 of the Texas Code of Criminal Procedure, copies must be provided to the defense attorney "as soon as practicable after receiving a timely request." Appeals courts have ruled that the clock doesn't really start until the formal charging document is filed by... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: So my 17 year old sister got pregnant and she ran away to her boyfriends house.

She told my parents now that she is pregnant she is emancipated. They told her she needs to go to court first to get emancipated but she refused and left. Is that true we live in Florida. Do my parents need to file a runaway child case with the police. Will they get in trouble if she misses... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 27, 2020

No, she is not emancipated simply because she is pregnant. See

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0743/0743ContentsIndex.html&StatuteYear=2019&Title=%2D%3E2019%2D%3EChapter%20743

Your parents certainly may advise the...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: How can I get my constitutional rights and human rights restored after being removed by overzealous retaliatory actions

I am unable to get unmonitored cellular,cable or DSL service. My electronic communications and photos are censored and even my web hosting and DNS service is "reprovisioned" and redirected. I'm refused paramedic treatment and treatment at my regional trauma center. (I was called a... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 26, 2020

You need to contact a good civil rights attorney immediately. If this has been happening for such a long period of time, you will have to explain why you have not taken this step long ago. It just may be that the statute of limitations, which sets out the time within you must act on your own... Read more »

2 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Internet Law for California on
Q: Looking for any laws passed on September of 2002? Where do I search?
Louis George Fazzi
Louis George Fazzi answered on Jun 24, 2020

You can start your search on the State of California Legislative Information website here:

http://leginfo.legislature.ca.gov/faces/home.xhtml

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1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Can I file a discrimination lawsuit against a store for saying I can't come in unless I have a mask?

I went into the convenient store and they said I needed a mask. I pulled my shirt up over my face and they said no, it had to be a mask. Then he said I'll sell you a mask while I'm not wearing a mask, but that he wouldn't sell me cigarettes unless I had a mask

Tim Akpinar
Tim Akpinar answered on Jun 24, 2020

A Texas attorney could advise best, as state law issues could apply. But your post remains open for three weeks. It seems like it would be difficult to successfully bring such a case because of the compelling need to protect public health. But you could check with another attorney for their opinion... Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law, Constitutional Law and Landlord - Tenant for Tennessee on
Q: I feel like I'm being discriminated against by rental companies in my area due to drawing unemployment benefits.

I have tried to rent a home from 3 different rental MGMT companies and was refused because I draw unemployment right now. All of them said I had to have a job or be employeed and could be verified. Why will they rent to someone that draws disability that is verifiable, and they do not have a job,... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 21, 2020

I'm sorry for your frustrating ordeal. Your post remains open for three weeks, and at this point, you could try reaching out to Tennessee landlord-tenant attorneys. From a practical standpoint, L-T attorneys would probably have the best insight into your situation among all the practice areas... Read more »

1 Answer | Asked in Constitutional Law for Florida on
Q: Is Propaganda protected speech?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 21, 2020

It depends. Propaganda is defined as a " concerted set of messages aimed at influencing the opinions or behavior of large numbers of people". If you repeatedly shout "Fire!" in a crowded theater with the intent to cause a panic, as an example from a famous court case goes, you... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: What can you be charged with if you do not wear mask per the June 18/20 CDPH Guidance on "must wear face coverings"?

The California Department of Public Health issued a GUIDANCE on June 18/20 stating that "People in California must wear face coverings..."

- Is a GUIDANCE the same and an Order or a Law?

- Can police enforce this guidance?

- What can you be charged with if you do not choose to wear a mask?

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

The new orders issued yesterday and today from the Office of the Governor now create a state-wide mandate for the use of masks in public places. This means if you are over 2 years old (because if you are under 2 you cannot read the Order) you have to wear a face mask, waiting in line to enter a... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: If a person decides at first to represent him or herself, can they later change their mind and hire a lawyer?

If a person decides at first to represent him or herself, can they later change their mind and hire a lawyer? How will the court view this type of shift?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 19, 2020

In most circumstances, the only way the judge will have a problem with this scenario is if the defendant hires a new attorney on the eve of trial and then the new attorney asks that the trial be delayed so she can have more time to prepare and even in that case the judge might still be relieved to... Read more »

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1 Answer | Asked in Constitutional Law and Landlord - Tenant for California on
Q: Is it legal for a senior low income apartment complex to have cameras installed above our community bathing facilities

Also in the hallways and stairways and now a camera is being installed in our elevator and common areas and entrances and exits when I signed my lease I didn’t agree to be monitored 24 7. Is this legal or our privacy being invaded?

Maurice Mandel II
Maurice Mandel II answered on Jun 17, 2020

The answer that you don't want is that the law does impose duties on LLs to provide security in the common areas of this kind of complex. From your description, I would think that this complex is in the center of the bullseye for a number of nefarious types who are looking to harm seniors... Read more »

2 Answers | Asked in Immigration Law, Tax Law, Constitutional Law and Gov & Administrative Law on
Q: How should one need to do file tax for sponsoring spouse?

My wife is US citizen and i was in F-1 visa when we got married in 2015.

I worked in 2017-2019 in uber without work permit. But, I was never out of my status.

I filed tax file in 2017 single(my wife filed with her parents in 2015-2017) and in 2018 I filed tax with my wife and son... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 17, 2020

Good Morning! In addition to showing your wifes income for the affidavit of support, filing joint taxes is additional supporting documents to show a bonafide marriage.

Though Im not a tax professional and this is not legal advise, I’ll say it will be beneficial to file jointly showing...
Read more »

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1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can a person be denied their police report?

My friend was arrested recently. I took her to the police department to retrieve a copy of her police report and they informed her that the report was not public record and she couldn't have it. Doesn't this go against the constitutionality of being able to view evidence against you, or... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 15, 2020

There are two documents that are sometimes called a "police report." One of them is always a public document that should be on file at the clerk's office for the court where the case is pending. It is not technically public until formal charges are filed but some jurisdictions will... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: If a person is pulled over because of a dim light over the license plate, can they be searched without consent?

If a person is pulled over because of a dim light over the license plate, and then it is discovered that the person has no driver's license, does this automatically give law enforcement grounds to search the car? The owner of the car was only a few blocks away, was called, and it was agreed... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 15, 2020

The vehicle can be searched if the driver gave consent. However, if officers arrested the driver then consent to search is not required. A person can be arrested for driving without a license.

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3 Answers | Asked in DUI / DWI and Constitutional Law for California on
Q: Can a officer open my car while I’m sleep to ask me a question when I’m parked in a parking spot

After I was told to park and go to sleep

Dale S. Gribow
Dale S. Gribow answered on Jun 14, 2020

more info needed.

who told you it was ok to park there?

was it the owner?

was it b/c you were under the influence?

cops can investigate but more info needed

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1 Answer | Asked in Criminal Law, Federal Crimes and Constitutional Law for California on
Q: How can and has the federal government been allowed to strip individuals of their 2nd amendment rights?

If those are Natural rights and not privileges, and the Constitution doesn't give the federal government the power to strip rights away, how have they been able to justify doing so, even with a felony conviction?

Dale S. Gribow
Dale S. Gribow answered on Jun 14, 2020

more info needed.

the state and federal government have created new laws either by legislature or case law.

what they have done is to limit possession in public and for felons... often at all times.

2 Answers | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Immigration Law for Kentucky on
Q: I was denied entry in a bar and I believe I got racially profiled and discriminated for being an immigrant.

They allowed a white male underage to come in, she asked to check my id and I showed her my american visa and she said no. I asked why she had a problem and she said I need a ky id but I can’t I’m a immigrant. She then proceed to threaten to call the cops. I’m feeling so humiliated, I... Read more »

Timothy Denison
Timothy Denison answered on Jun 12, 2020

What other evidence do you have of racial profiling?

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2 Answers | Asked in Estate Planning, Constitutional Law, Land Use & Zoning and Landlord - Tenant for California on
Q: recently sited for a few things on a property my problem because opandemic I wasn't Able to take care of it what can I
Maurice Mandel II
Maurice Mandel II answered on Jun 11, 2020

If you have a citation that requires a court appearance, you need to contact the court about your situation either in person or in writing, include a copy of the citation. Failing to respond could subject you to additional penalties and be considered an FTA- failure to appear. If the citation is... Read more »

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3 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: If a person is alleged stealing from a store but the store camera wasn't working, is video from a customer admissible?

If a person is alleged stealing from a store but the store camera doesn't have it or wasn't working and another customer videotapes it, can that video be admissible in court?

Chad Zubi
Chad Zubi answered on Jun 11, 2020

It really depends on whether or not the video can be authenticated. Generally speaking it is possible that the video could be used.

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