Get free answers to your Constitutional Law legal questions from lawyers in your area.
Your current state is Ohio
OK so the detective accessed my cousins phone and found incriminating evidence. The forensic unit ''cracked'' the phone then the detective got a search warrant 4 months later(her words in the depo). But when the detective wrote the complaint affidavit for the new charges she... View More 
answered on Jan 16, 2025
What you've described could support post conviction relief (PCR). It could be important whether your cousin was tricked into "consenting" to a phone search. The State would argue that no search warrant is needed for a consensual search. It might be significant how long ago these... View More
The police officer got a call that somebody was at somebodys house v who has a mistameanor bench warrant
answered on Jan 7, 2025
Impossible to determine without a complete review of the facts. Did someone allow the cop to enter? Where was everyone standing or sitting when the police first arrived? What was said and by whom? There are situations where this would be permissible, and other situations where it would not.... View More
If someone had a fake Facebook account that can no way be linked to them selves and agreed to sell an item to an undercover cop is a agreement to meet enough probable cause to pull any person out of their car without knowing for sure they had the property you're looking for?? They didn't... View More
answered on Jan 9, 2025
NYS courts have ruled there are four stages of police encounter leading to probable cause to arrest, whch I am not going to get into since it's involved. However, a court during the prosecution of the case would review the matter pursuant to a motion challenging the basis for arrest and... View More
Privacy If Possible as an individual right is not mentioned in the other amendments. All aspects of privacy should be mentioned as a way to allow an individual person to choose who or what to associate with. The first amendment addresses consent to join a group or organization. I am wondering if... View More
answered on Dec 10, 2024
Are you asking just an academic question, or you have a real-life situation that you need assistance with? If it's the latter, you'd need to provide some factual context to obtain any meaningful information. As a purely academic matter, it is the First Amendment that provides freedom of... View More
The indictment is word as is are charged as party and party to the crime but does not say which is which is this flawed
answered on Dec 9, 2024
The specific language used in the indictment is very important. Flaws within the indictment can significantly impact the outcome of the case. For example, if challenged and the indictment fails to properly allege the crime, the entire case must be thrown out regardless of the evidence. Depending on... View More
How does one find out if the information about them in Law Enforcement Information Network (LEIN) is accurate?
answered on Dec 5, 2024
There is no way to publicly review it. LEIN gets its information from courts and other law enforcement agencies. IF there is an inaccurate entry, it must be corrected in the court reporting it.
Think of it like a credit report: Just like Equifax or whichever credit reporting agency... View More
My roommate was on probation. During a home check, a probation officer pushed his way into my private bedroom and later that the police came with a warrant for the first floor with the wrong name and proceeded to search the other 2 floors. I have the discovery packet and the probation lied several... View More
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answered on Nov 29, 2024
I'm sorry to hear about the difficult situation you're facing. Dealing with potential civil rights violations and serious criminal charges can be incredibly stressful. I hope the following information helps clarify your options.
Disclaimer: This response is for general... View More
The after care is a requirement for the juvenile to be at home
answered on Nov 28, 2024
Believe it or not, this happens all the time. Typically, the scenario is this. Someone abuses or threatens another person. Usually, it is a spouse or boyfriend or girlfriend. The person who did the abuse gets scared and calls the police and tells them that they were abused. This can be tough... View More
Is the act of opening the front door considered an invitation to come inside? Once inside, would they have to show a search warrant apon request? Furthermore, would they have to give they're names and badge numbers apon request. Would they be required to wear vest cams while executing a bench... View More
answered on Nov 14, 2024
In Ohio, opening your door to police officers does not automatically grant them permission to enter your home without a warrant. The Fourth Amendment protects against unreasonable searches and seizures, and entry into a residence typically requires a warrant or the resident's explicit consent.... View More
Because of a recording error. The balif said "this will help you in the long run" So the judge repeated the sentance again. Double jepordy?
answered on Nov 14, 2024
The situation you described does not appear to raise a double jeopardy issue. Double jeopardy, protected under the Fifth Amendment, prevents an individual from being prosecuted or punished twice for the same offense after a final judgment. However, your scenario likely involves a procedural error... View More
I bailed out was told by county clerk i had no case after going to court, fast forward 2-3 years no notice i get pulled over arrested and had to post bail again, $9000 and $7000, lose my job due to arrest, find 2 jobs after but cannot pass background check. Kost all my benefits, license because I... View More
answered on Nov 9, 2024
Yes you can. You have remedies available under state and federal law, and I urge you to take advantage of them. You'll need a competent lawyer with the education, training and experience necessary to properly represent your interests. S/he should be a lawyer for the people, who seek to protect... View More
I helped my friend check into a detox and mental health facility one afternoon. The next morning, when I called to check on him, they had no idea where he was. I later learned from a corrections officer friend of mine that my friend was in jail for petty theft… stealing water and a sandwich,... View More
answered on Oct 13, 2024
You are obviously a very good friend to that person - but your friend must be the one who seeks legal advice. You may assist your friend by looking for a lawyer for him to consult with, and your friend can include you in the communications with a lawyer if he wishes, but it would not be lawful for... View More
The morgue claims to have taken the body from the hospital, however their records state the body was at the morgue the following day.
answered on Oct 7, 2024
Do you have an exact timeline? It would not be uncommon for the transfer to have occurred in the overnight hours, or for the hospital to have kept the body until the next day. I'm unsure where else the body would have been transferred to between the hospital and morgue except maybe an off-site... View More
get funds, I put in to cover previous amounts I attempted to cover and the salary/commission
,
Leanplum is a remote sales team. They hire people to click buttons on your computer and push companies up the search engine line. It started ok, but seemed a little off. In one day they... View More
answered on Oct 4, 2024
BEWARE - This models many scams I have seem many times. I cannot tell you that this is a scam for sure, but it looks a lot like proven scams in the past. And note, if you are an employee, this is an unlawful employment practice. Good luck to you.
Hello, I was taking my fiance to work today and got pulled over by a sheriff for Suspended Registration. My License was found to be suspended also. They sent the court date to the wrong address. The sheriff took my info and went back to his car. Another cop pulled up with a k-9. The original... View More
answered on Oct 1, 2024
No, the prior incident does not provide probable cause to search your vehicle in this incident. The remedy for an illegal search is suppression of the evidence at trial if you were charged with a criminal offense based on what they found.
If they found nothing, and you are just upset... View More
A vop evidentiary hearing and rescheduled it twice now. How long can they hold him in jail without actually charging or convicted him of the violations. And they have charges on his score sheet that aren't his, my father hasn't been in trouble in 36 years besides a traffic ticket.... View More
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answered on Sep 28, 2024
It sounds like your issue is very fact-specific, and I would encourage you to engage with a criminal defense attorney to dig in and figure it out.
Generally, a conviction comes with a confinement sentence that is suspended (probation). Think, for a misdemeanor, one year in jail, suspended,... View More
I am having quite the hard time finding an attorney that is willing to take my case on Mid Stream
answered on Oct 6, 2024
Without knowing anything about your case or your attorney's performance on it, it's possible your words made your attorney apprehensive about further work on the case. Whatever the case might be, you could continue your efforts to find a replacement attorney, supplementing your searches... View More
Judge stop DA FROM DROPPING MY CASE SAID NO AND ASSIGNED ANOTHER DA CAUSE HE'S PREJUDICE
answered on Sep 25, 2024
No.
A presiding judge rules on the motions, evidence and merits, he does not “dismiss” a case. The judge may find a defendant not guilty (acquitted), but an outright case dismissal lies within the prosecution agency (either a district attorney’s office or state attorney’s office,... View More
Im just trying to understand how the court system works.
answered on Sep 15, 2024
Don't feel bad: a lot of attorneys and judges get confused about the court system, rules, and procedures.
Here is a 10,000-feet overview of the court system: you can break the court system down into two parts - civil and criminal. Criminal court is when you are alleged to have... View More
I plead guilty to a felony crime because the lawyer wouldn't help in any just kept telling me it would be best to plead guilty a blind plea then when he handed the judge the paper work he said I also put on here he could not withdraw his plea does a lawyer have that kind of say
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answered on Sep 5, 2024
In Georgia, if a Defendant enter a blind plea, that is a plea that is not based on a recommendation from the State, then the Defendant has no right to withdraw their plea if they are given a sentence that they are unhappy with. When you plea under a negotiated plea, one with a recommendation, if... View More
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