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During a DWI stop in Texas, I was informed of my rights and did not refuse any tests, even offering to take a breathalyzer. However, the officer insisted on a blood test without showing a warrant or explaining why a blood test was necessary. He stated that he didn't need to show me a warrant.... View More 
answered on Mar 27, 2025
NO!
The only way that officer is correct is if you had a car wreck and someone was hurt.
Even then, he needs a warrant.
If they took your blood and are prosecuting you for DUI, you must object and have your attorney know what you have asked here.
If it was my case,... View More
I was arrested in 2012 and received a civil ordinance ticket for drug paraphernalia as a green card holder in Illinois. I want to apply for naturalization but am concerned about whether this civil ordinance violation will affect my application. I never faced a court date, jail time, or entered a... View More
answered on Mar 27, 2025
A 2012 civil ordinance violation for drug paraphernalia, while seemingly minor, could potentially impact your naturalization process. USCIS considers your moral character over the statutory period, typically the five years preceding your application. While a single, isolated incident without a... View More
My son is being accused of a crime committed when he was a teenager. Recently, at age 19, he was brought in by police for questioning. He informed the detective that he would not speak without his lawyer present, and his lawyer was already in contact with the office. Regardless, the officer claimed... View More
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answered on Mar 25, 2025
It very well could be. If the questioning and the demanding of the cell phone password occurred after your son invoked his right to counsel, then it's potentially a violation of his 5th and 6th Amendment rights. However, an experienced attorney would need to review the evidence before drawing... View More
In Texas, the Tort Claims Act states that a government entity does not need to disclose details or the extent of its insurance coverage. I believe this violates my constitutional right to due process according to both the U.S. Constitution and the Texas Constitution. The University of Texas Medical... View More
answered on Mar 24, 2025
There is no constitutional right that requires a government entity or other party to disclose the extent of its insurance coverage. In cases like your, the existence or non-existence of insurance coverage will almost always be inadmissible as evidence. This is particularly true if, as the... View More
I am a felon whose citizenship rights have been restored pursuant to T.C.A. § 40-29-101 and T.C.A. § 40-29-107, including the right to vote, serve on a jury, and eligibility to possess a firearm under T.C.A. § 39-17-1307(b)(1), effective as of March 7, 2025. My charges included 2 counts of... View More
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answered on Mar 23, 2025
It is possible that your firearm disability in TN is removed. But since the conviction is not expunged, anytime you are accosted by LEOs, with a firearm, you will be at least detained if not arrested. There are also age requirements involved, and possibly some other incident in your life may... View More
I own a free-speech, privacy-first platform where users can upload various files, including images. The website uses Artificial Intelligence to detect and flag potentially illegal content, such as CSAM, to prevent uploads or flag for manual review. The flagged content is stored for 24 hours for the... View More
answered on Mar 21, 2025
Great question! Flagging the content for 24 hours for review is not going to trigger liability for you, because at that point the legal status of the content is still pending verification, and you haven't obtained actual notice of anything illegal. But once you do verify it and find that it is... View More
While camping on a river, a game warden approached me and suspected us of trespassing. During our conversation, I was getting a cigarette from my pack when he demanded to see it and subsequently found an illegal substance. He searched without a warrant and based on his suspicion that we were... View More
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answered on Mar 22, 2025
You have a lawyer, so explain the circumstances of the encounter to your lawyer. They'll be able to review the officer's account of the interaction and compare it with your own recollection. If they determine that there was a possible 4th Amendment violation they can file a motion to suppress.
I am looking for recent rulings in the Marcus Mays case by the Florida Supreme Court concerning the unconstitutionality of the PRR, which might make his sentence illegal. This is important to me because I am facing a similar situation.
answered on Mar 19, 2025
I looked at the Marcus Maye decision in the district court and listened to the recent oral argument before the Fla S Ct. The DCA opinion reviewed the denial of relief filed by a person whose case is from 2003. The DCA said PRR sentence was good. Fla S Ct oral arguments dealt with issues such as... View More
I am Rhonda K Davis, representing myself pro se in a case against the City of McLendon Chisholm and multiple defendants, filed under case number 3:2023cv01994 in the U.S. District Court for the Northern District of Texas. My complaint involves issues under the Fair Housing Act, including fake... View More
answered on Mar 19, 2025
It is highly unlikely you will receive pro se assistance on an FHA case against a City or any government employees. The City itself, and any employees of the City sued in their official capacity or for actions taken in their official capacity, are most likely immune from a suit under the FHA.... View More
I live in Oklahoma, and my son's father recently married another woman, seemingly committing immigration fraud. We have been living together for several years, sharing a home and finances, and Oklahoma recognizes common-law marriage. I have evidence of our cohabitation, like shared bank... View More
answered on Mar 17, 2025
Oklahoma is & is not a common law state -- There are still requirements to be met for the 'non-ceremonial' marriage (which is the closest thing to common-law) - Based on the limited facts you stated, it would be hard to meet the burden of proof to actually depict such. Having a child... View More
The Fairview Police Department was called for a disturbance within city limits, the sheriff’s office was never dispatched or notified for assistance, yet they interjected themselves anyways. They refused to identify themselves while body cams were being used and only once a third party recorded,... View More
answered on Mar 13, 2025
I assume you are speaking of Major County sheriff deputies as you mentioned Fairview. A common misconception is the only law enforcement agency that has jurisdiction within city limits is the city themselves. However, this is incorrect. The City of Fairview is located inside Major County;... View More
I believe my Fourth Amendment rights were violated on October 4, 2024, when public safety officers beat me, refused to give me water, and scarred my face. I'm currently involved in a criminal case related to dumpster diving, which is being handled by a public defender. I haven't taken any... View More
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answered on Mar 12, 2025
I'm sorry to hear about the mistreatment you experienced, and I can understand how distressing it must be to feel that your rights were violated in such a serious way. In New York, the legal timeframe for filing a civil rights lawsuit related to a Fourth Amendment violation, such as excessive... View More
I have a non-violent felony conviction from over ten years ago and have not pursued any legal proceedings since. I'm inquiring about the impact of the United States v. Duarte ruling by the 9th Circuit on my ability to own a gun. Can I now legally own a firearm?
answered on Mar 11, 2025
It is uncertain how a 9th circuit case would impact someone living in the 7th circuit or any other circuit, until the S. Ct. hands down a ruling. Regardless, you may want to consider expunging your felony conviction and then going through the process of restoring your rights under IN law. This... View More
I am facing a situation in Tennessee where my driver's license has been suspended due to unpaid child support. Despite my financial hardship and lack of legal representation, the child support organization refuses to reinstate my driving privileges. I believe this action infringes on my rights... View More
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answered on Mar 10, 2025
TNDL suspension is a statutory sanction for non payment of CS. Driving is not a right but a privilege. If you have a job and owe alot of CS, you might talk to a CH 13 Bankruptcy attorney. I have seen this cure the problem in 5 years while the the DL is conditionally reinstated.
For example, if the police asked small talk questions to me and I answer them and then they ask a crime related question like “Were you with [X person] tonight?”, can the fact I invoked after that specific question be used against me? Does this depend on wether I’m in a voluntary discussion... View More
answered on Mar 7, 2025
Generally, the mere fact that you invoked Miranda rights after a specific question cannot be used against you in court as evidence of guilt.
The analysis definitely depends heavily on whether you were in custody when questioned. Miranda only applies during custodial interrogation, and... View More
I plan to protest at a Target store tomorrow morning on public property. I've attempted to notify local authorities but haven't received a response yet. I am aware of private property laws and expect to be the only participant. What are my rights and limits in this situation?
answered on Mar 5, 2025
If you are going alone, I would bring a video camera.
Your only concern is trespassing. If you protest in the form of "picketing" you can do so all you want. The key is to keep moving. As long as you keep moving, you can protest, carry signs, yell-out your grievances, and ask for... View More
I plan to protest at a Target store tomorrow morning on public property. I've attempted to notify local authorities but haven't received a response yet. I am aware of private property laws and expect to be the only participant. What are my rights and limits in this situation?
answered on Mar 6, 2025
Many cities require special permits to protest. "Attempting to notify local authorities" is not usually sufficient. Usually, you must complete a form and submit it in advance of the planned protest and receive the permit. With the appropriate permit, you can protest on a public... View More
I believe the City of Shamrock is using unlawful tactics to obtain my two properties through city liens. Initially, they trespassed on my properties to inspect building conditions. After confronting them about this illegal trespassing, they returned with an Administrative Search Warrant for one... View More
answered on Mar 4, 2025
You need to get a lawyer in between your property and the city.
In any event, you can always ask for an extension of time in all of the proceedings that involve your property.
Using a search warrant for two locations sounds illegal. If you have a copy, I would like to see it.... View More
I am concerned about my 14th Amendment rights after my daughter was taken by DEFACS in December 2023 while I was in the hospital and my separated husband was arrested for drug possession. Although I have no criminal record, I haven't had an adversary hearing. I have been compliant with... View More
answered on Mar 3, 2025
I would get another attorney before it's too late. Prior to your parental rights being terminated you should seek alternative counsel and ask for a continuance if necessary, so your new attorney can familiarize themselves with what is probably a lengthy case. If you do not have faith in your... View More
I would like to know if it's possible to sue the six Supreme Court justices who, in my view, have created a new law granting the president immunity. My concern is that nowhere in the Constitution is such immunity mentioned, and I believe that only Congress has the power to enact such a law,... View More
answered on Feb 27, 2025
Good question. I've been practicing law for 39 years and, like you, I'm very angry about the recent Supreme Court decision on Presidential immunity. However, the answer to your question is no. The Justices' decisions (by majority vote) on how to interpret the US Constitution and... View More
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