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Constitutional Law Questions & Answers

1 Answer | Asked in Constitutional Law for Tennessee on

Q: What action can I take to know my rights and responsibilities as a juror on jury duty?

I have been drawn to be qualified as a juror on August the 30th, which is something I've never done (I'm 35 years old)

and I don't know my rights and responsibilities as a juror; what I can, what I can't do.

Bennett James Wills answered on Aug 23, 2019

The court should have provided you with instructions on where to be and when. Usually there's a dress code. Otherwise, show up as instructed and follow the court's directions when you are there.

1 Answer | Asked in Criminal Law and Constitutional Law on

Q: Hello, I'm going to Federal court In St. Louis MO, For an drugs conspiracy case. When should I get the name's of witness

I also feel that I am not getting all of the discovery I'm obligated to. The prosecutor keep saying if I don't corporate or plead guilty she's adding more charges. My PD don't seem too concerned. What should I do in a situation like this?? Thanks in advance.

Gary Kollin answered on Aug 22, 2019

You HAVE an attorney. This is something you should be discussing with your attorney

1 Answer | Asked in Constitutional Law, Criminal Law and Election Law for California on

Q: What would the corrective be to all the actions resulting from a presidency gained through fraudulent means?

If Trump is found to have gained the presidency as a result of welcoming the help of Russian active measures, the release of stolen DNC documents, breaking campaign finance law, in essence defrauding voters, making him an illegitimate president -- wouldn’t that also make the VP, the First Lady,... Read more »

Gary Kollin answered on Aug 22, 2019

Those are political questions, not legal questions

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

Q: How can I get the property the police listed as in "safekeeping" while I am still going to court on the charges.

The warrant was for drugs. The place of the search was a house, all outbuildings at the address, and vehicles under the control of my co-defendant. My name was not listed on the warrant and I was staying in a camper behind the house. When the police came I exited the camper and said they could not... Read more »

Julie Fowler answered on Aug 21, 2019

Evidence can generally be kept by law enforcement until the time of sentencing even if the property belongs to other than the defendant.

If a motion to suppress has already been heard and denied, then a subsequent motion to suppress regarding the same issue/evidence is more often a motion...
Read more »

2 Answers | Asked in Constitutional Law and Estate Planning for Florida on

Q: denied homestead b/c trust words don't meet FL statutes. They know I have lived here 40 yrs! FED. Constitutional rights?

Seril L Grossfeld answered on Aug 21, 2019

Amend the trust. If you put your homestead into a trust, a separate entity you need to comply with the law to get the homestead exemption.

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

Q: Please help, I have a urgent question.

If you are in someone's apartment whom that individual is on probation and the police come to harass and search his place. And they bring a lab technician with them. Can the legally force me to submit to a blood test being that I'm not on probation or parole?

Mark Broughton answered on Aug 21, 2019

No, unless there is independent probable cause to believe that you are involved in criminal activity. Even then, you would have to be under arrest and/or give consent, or the officers obtain a warrant based upon probable cause to draw your blood.

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

Q: Through documented police and prosecutors (State and Federal) misconduct I spend 10.5 years in a Pretrial incarceration

Do I file a civil complaint against the police officer, the Deputy District Attorney, the DA's office the Federal prosecutor, the US Justice department or all the above? Violations of my civil rights were confirmed by a US District judge in the criminal phase of my case. At the end all (State and... Read more »

Louis George Fazzi answered on Aug 21, 2019

You need to find a really good civil rights lawyer right away. If the case is a righteous one, most good civil rights firms should be interested. I'm not familiar with good civil rights lawyers in the Fresno area, so I suggest that you contact the Fresno County Bar Association and ask for their... Read more »

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

Q: Do i have a right to switch judge or da if feel like being wrongly prosecuted

Keegan Kelley Harroz answered on Aug 20, 2019

Generally, no. The DA and judge are just luck of the draw.

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

Q: Im needing help with a few civil issues.

Tim Akpinar answered on Aug 19, 2019

More details would be needed here for an attorney to respond - at least some basic information about the type of matter involved. Or if it is something you don't wish to post on a public forum, you could contact attorneys in your area directly. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Illinois on

Q: IF I BELIEVE THAT SOME CPD OFFICERS ARE ACTING DISCRIMINATORY . WHAT SHOULD I DO

IVE FILED COMPLAINT AND HAVE FOUND A HISTORY. PLUS I HAVE A COMMUNITY OF WITNESSES

Gary Kollin answered on Aug 14, 2019

Typing in all capital letters is considered shouting and offensive

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

Q: Landlord walked in on me changing, I didn't pay rent because of it, they want to evict me. What action can I take?

My landlord/owner of the house I'm renting the basement opened my locked door while I was changing, walked right in. I did not pay rent for July ($200, verbal agreement to pay by the last day of each month) and was given a notice to pay within 2 weeks or vacate the premises. However, they made it... Read more »

Elaine Shay answered on Aug 9, 2019

From the description of your living arrangements, I suspect that the unit is not "legal". As a result you may have defenses to claims for unpaid rent. However, unless you have a lease or are rent-regulated, provided the proper court process is commenced, the landlord will ultimately be entitled... Read more »

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

Q: does an inmate in prison have the right to remain silent and refuse to answer questions when interrogated?

Not really, it is just a scenario for research.

William Jaksa answered on Aug 9, 2019

Every person has the right to remain silent when accused of a crime. There are some very limited exceptions that I can think of that involve military personnel and those in a sensitive national security position; but generally speaking, a person always has the right to remain silent, even while in... Read more »

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

Q: Is incest within 2 consentual adults illegal in the state of Connecticut?

Max Lavit Rosenberg answered on Aug 8, 2019

Incest is defined in Connecticut code § 53a-19. It is a Class D Felony that can subject someone to imprisonment between 1 and 5 years and can be accompanied by a fine of up to $5,000.

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Ohio on

Q: If I was charged with D.U.I for a positive drug screen and plead guilty and was already sentenced wouldn't it be double

Jeopardy to later be charged with F-5 internal possession as a whole new case filed against me for that same urine screen which was used as evidence to charge me with D.U.I? I feel that is being tried for the same case twice.

Matthew Williams answered on Aug 6, 2019

This would be an interesting one to argue. The standard for double jeopardy is whether each offense requires proof of an element which the other does not. For the DUI that’s easy. DUI requires proof that you operated a motor vehicle. Drug possession certainly does not. Similarly, normal drug... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Medical Malpractice for Florida on

Q: Can Congress be sued for not holding CDC accountable, writing guidelines, not in their wheelhouse, harming millions?

FDA is in charge of drugs and regulations. Congress stated that CDC had no authority to issue guidelines for pain mgmt, especially how it did so, cherry picked bias members none whom never treated pain patients, had financial conflicts! Congress stated CDC be held accountable, consequences never... Read more »

Gary Kollin answered on Aug 5, 2019

No

Q: Is there a lawyer that can help with age discrimination in the workplace?

Neil Pedersen answered on Aug 4, 2019

I am sure there is. Unfortunately this Q&A site is not the place to ask for an attorney to work for you. Rather you need to identify one or more attorneys who practice employment litigation and discuss your matter with them to see if they are willing to work on your case. I would suggest you... Read more »

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3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on

Q: Can I sue county for time spent in jail?

I did six months in jail for a charge. Went to trail the case was dropped and re filed. I was O.R. And fighting case on the outside. If they drop case again or are unable to convict, can I sue for time spent in jail?

Gary Kollin answered on Aug 3, 2019

Was there probable cause for your arrest? If so, then no

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4 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Florida on

Q: Can a person that's found guilty of a crime get the actual perpetrator to testify and free him completely

My son was convicted of a crime his girlfriend did, he was at the scene of the crime. he didn't know it took place and she never told him.a servelience camera shows them at the scene and he got charged with possession of his personal ring which his lawyer was informed was his not from the crime, he... Read more »

Gary Kollin answered on Aug 3, 2019

It is impossible to tell based on the limited facts.

Retain a lawyer

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2 Answers | Asked in Child Support, Constitutional Law and Family Law for Georgia on

Q: Maximum Jail Term for "Civil Contempt -- Back Child Support"

What is the maximum length of time that a person can be held in jail for "Civil Contempt -- Back Child Support"? There are no criminal charges. Amount of child support arrears is $3,500. The person in jail has zero financial resources and zero ability to come up with the money to pay the... Read more »

Regina Irene Edwards answered on Aug 1, 2019

The court will only order jail time if the court finds that she has not exhausted all resources in order to try to pay. $3500 is not a lot of money to come up with. She needs to have applied for loans, title pawns, sold jewelry, gotten a 2nd job, maxed out credit card, asked for money from... Read more »

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1 Answer | Asked in Traffic Tickets and Constitutional Law for Washington on

Q: So I am correct a driver's license is not required for driving my vessel?

Stan Glisson answered on Aug 1, 2019

Not a driver's license, but a boater's license is required (for most people, depending on your age).

https://boat.wa.gov/BoatersCard.asp

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