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Constitutional Law Questions & Answers

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on

Q: Where would I call to file a criminal charge for official misconduct on tn city employee, no response from demand letter

We sent a demand letter to the city a few weeks ago and recieved no response. Whom do we contact to file a criminal complaint on a city employee for official misconduct.

Anthony M. Avery answered on Jun 26, 2019

Your demand letter in conjunction with a criminal complaint could possibly be construed as extortion. If you still wish to pursue, then call the Sheriff, then Police, then District Attorney General. Finally you have a statutory right to file an affidavit in support of being heard before the next... Read more »

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1 Answer | Asked in Constitutional Law and Municipal Law for California on

Q: can person name another to act on their behalf in lawsuit due to age & health reasons?

Timur Akpinar answered on Jun 25, 2019

You really should discuss this with an attorney who practices in California. As a general matter, a power of attorney could enable a person to appoint another to act on their behalf in some settings, but a lawsuit is something that can personally involve a party, in terms of giving testimony,... Read more »

1 Answer | Asked in Business Formation, Business Law, Civil Rights and Constitutional Law for California on

Q: I'm trying to find out the laws for the manufacture and sale of nunchucks in San Diego, California

I would probably be selling them at street fairs or farmers markets if possible

Louis George Fazzi answered on Jun 24, 2019

I believe the right to manufacture and/or sell such items is strictly prohibited by state law in California. You will need to contact counsel in San Diego County to fully research the legality of the manufacturing or sale of such products before you undertake such an enterprise. Any law firm which... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on

Q: I filed a police report over being assaulted, and they never even investigated it

He had been convicted of a similar offence. He was never even questioned. No action was taken

Gary Kollin answered on Jun 23, 2019

And your question is.

The police have full discretion

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for California on

Q: I live in CA. While I was at work animal control came to my house and took my dogs out of my backyard.

They left a tag on my door and on the tag it said I hadn’t given my dogs food or water in days. That was a lie. I feed them and gave them water before I went to work.

Gary Kollin answered on Jun 23, 2019

Thanks for venting as there is o question

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma on

Q: My son was charged with a contraband charge for something that he was not present to see officer find during the search,

They said $800 surety bond. They had already done several searches of clothing and everything checking pockets and all. Then all a sudden a officer comes in after he been locked in a cell and says he found contraband in a pockets that we know had been searched many times. He did have my son... Read more »

Keegan Kelley Harroz answered on Jun 22, 2019

You need to hire an experienced defense attorney to fight these charges for your son.

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on

Q: How do you go about a civil rights issues with the police department.

I was jailed twice against my liberty on false charges and the police knew this.

Gary Kollin answered on Jun 22, 2019

Contact a lawyer

2 Answers | Asked in Criminal Law and Constitutional Law for Illinois on

Q: I told cops I didn't know if my ex boyfriend was in my home., but they cldnt search with out a search warrant.

I was charged with felony aiding and abetting and felony harboring a fugitive. He was hiding from me also.

Juan Ooink answered on Jun 20, 2019

You need an attorney right away. If you are convicted, you will be a convicted felon for the rest of your life. The sooner you hire an attorney the better.

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1 Answer | Asked in Constitutional Law for Pennsylvania on

Q: Can the Senate majority leader block an impeachment trial?

Peter N. Munsing answered on Jun 19, 2019

If they have the votes they may.

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on

Q: What are some examples of prosecutorial misconduct?

Gary Kollin answered on Jun 19, 2019

Google it.

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1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Oklahoma on

Q: When a federal law appears to contradict a SCOTUS majority opinion, but is not directly addressed; which preempts?

Melissa Oxford answered on Jun 17, 2019

It depends on when the federal law was enacted, before or after the opinion, and whether or not the opinion addresses the statute and declares it unconstitutional or otherwise invalidates it.

1 Answer | Asked in Contracts and Constitutional Law on

Q: Is this negligent misrepresentation, innocent misrepresentation or something else?

C Ltd noticed that S. Ltd.’s bid was very low (£20, 000) (the bids from the other

subcontractors were £29,500 and £31,000) but, without checking with S. Ltd, he

used S. Ltd’s bid in making up its own tender price. S. Ltd.'s bid was a mistake

Timur Akpinar answered on Jun 16, 2019

Based on the limited details, it's difficult to say. It could be attributed to any number of things. Knowing state of mind could help characterize the conduct. Since it involves foreign currency, it appears to be somewhere outside U.S. With additional details, and knowledge of that country's laws,... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for California on

Q: Can you file a lawsuit if you can prove that police put you with the wrong inmates and you were jumped

Louis George Fazzi answered on Jun 15, 2019

There are a whole slew of unanswered questions, and a lot of information missing, which would allow me to offer any kind of advice to you in this situation.

You should immediately contact a lawyer with experience in criminal defense work and civil rights to help you get the answers you seek.

1 Answer | Asked in Civil Rights and Constitutional Law for California on

Q: I filed a discrimination complaint with HUD May 24th 2018. HUD contacted me 11 months later.

I responded and told HUD that I had a phone interview with DFEH April 16th, 2019. I filed the same complaint with DFEH November 05th 2018. DFEH closed my case because DFEH stated they lack jurisdiction to proceed forward on my complaint because the last date of harm is out of statute at which DFEH... Read more »

Louis George Fazzi answered on Jun 14, 2019

In California you have one year from the date of the last act of discrimination to file your complaint with the DFEH. By your own admission, that complaint was filed November 5, 2018, which is it within The one-year timeframe for filing your complaint of discrimination. But you need to look at... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on

Q: If someone call the police on me and left, can I be detained until they show up to give their statement?

Zachary Divelbiss answered on Jun 13, 2019

This is a tricky question to answer because there are many specific things that can happen that need to be evaluated. However, the quick and simple answer is that as long as the police are conducting an investigation they are allowed to detain you. Now, there are other legal things to bring into... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Landlord - Tenant for Tennessee on

Q: Hotel Occupancy T.C.A. 67-4-4(7). Does the police not have to enforce the law whether civil or criminal?

My husband and I checked in on 8/30/2018. We have been here continuously, since. I have receipts to prove this. With that TCA, does the police not have to enforce the law as stated, even though it is civil? This hotel also turned our power off, and I know this is illegal as well, so I flagged a... Read more »

Anthony M. Avery answered on Jun 13, 2019

You are incorrect. The Police enforce criminal law violations. It is up to the citizen or the civil authorities to enforce common law, statutes and equitable principles in the Courts of our State. You may have a cause of action to sue for damages or to enjoin what you believe are illegal... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on

Q: Is it possible to sue for violation of 42 U.S.C. 9501?

Mitchell G. Lattof Jr answered on Jun 13, 2019

Probably not. If you read this provision (also known as the Bill of Rights for Mental Health Patients), it does not appear to contain any mandatory language. It is merely a RECOMMENDATION from Congress to the states of what the states "SHOULD" do to provide for rights and treatment of mental health... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Florida on

Q: Can *private* universities in Florida set their own policy regarding firearms possession, storage, concealed carry, etc?

In accordance with Fla. Stat. § 790.06(12), concealed carriers are prohibited from carrying lethal weapons on any college or university facility. The statute does not specify whether private universities/colleges are included and whether they can set their own policy regarding firearms. Can... Read more »

Malcolm Anthony answered on Jun 12, 2019

Generally, private property owners can regulate activity on the premises of their property. Because vehicles are the most common mode of transportation for individuals and the right to carry a firearm in a vehicle while "securely encased," the exception to this general provision (private property... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Securities Law for Oklahoma on

Q: What are the laws and status in Oklahoma concerning surety bonds and ethics

Bruce Alexander Minnick answered on Jun 12, 2019

You have asked two complicated legal questions the answers to which would fill at least six shelves in any law library. Wanna try again?

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on

Q: In an invasion of privacy where the Plaintiff gave the Defendant permission to do whatever with video, how do you defend

Brent T. Geers answered on Jun 10, 2019

Too many factors at play to give a good answer, but let me provide a framework for analysis:

If you're thinking along the lines of invasion of privacy, then it would seem that this video was taken in some place or of something where an expectation of privacy existed for the person in the...
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