Constitutional Law Questions & Answers

Q: Not a class action and I was Pro Per. My attorney, soon to be former, is my employment attorney for my whistlerblowers

1 Answer | Asked in Constitutional Law, Employment Law, Libel & Slander and Personal Injury for California on
Answered on Mar 27, 2017

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions,...
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Q: Can you legally force someone to send back provocative pictures from prison that I took of myself?

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Answered on Mar 27, 2017

No, but be clear that you do not consent to the Ex sharing it with anyone else. There is a criminal offense named "Unlawful Disclosure or Promotion of Intimate Visual Material" that the Ex could be prosecuted under if it is distributed to others against your consent.
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Q: My girlfriend lied An took out an ex-parte on me they took my guns on one a one sided story

1 Answer | Asked in Family Law and Constitutional Law for North Carolina on
Answered on Mar 26, 2017
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Q: I have the Nj idrc asking me to complete the 16 week outpatient program however I live in Puerto Rico viques .. what wi?

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Constitutional Law for New Jersey on
Answered on Mar 23, 2017

You can ask IRDC for a transfer to another state. Most states have an IRDC program. However I do not know whether IRDC is in Puerto Rico, so you may have to come back to NJ to complete the IRDC
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Q: In Illinois how do I sue a school for intimidation, harassment & discrimination?

1 Answer | Asked in Civil Rights, Constitutional Law, Education Law and Small Claims for Illinois on
Answered on Mar 23, 2017

It is certainly a challenge, particularly if it is a school funded by any state or local government. I would recommend consulting with an attorney individually for a consultation if you truly believe the school is liable to you for damages.
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Q: The state of New York decides its previous 30-year acknowledgement of a class of economic partnership was a mistake.

1 Answer | Asked in Business Law, Contracts, Divorce and Constitutional Law for New York on
Answered on Mar 22, 2017

Your facts are vague. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice;...
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Q: Can they send someone to prison in calif. Who needs to have surgery on a ruptured hernia

1 Answer | Asked in Criminal Law, Medical Malpractice, Civil Rights and Constitutional Law for California on
Answered on Mar 20, 2017

Yes. If you have been convicted of a crime and sentenced to prison to serve the term, having a hernia which needs surgical repair will not keep you out of prison. If surgery is or has been suggested, or the condition severe enough to warrant immediate surgery, you can apply to the sentencing judge to defer commencement of the imprisonment until after the surgery has been done. Under the 8th Amendment to the U.S. Constitution, you have the right to have your medical condition treated while in...
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Q: can a local citizen be denied/banned to access of the courthouse without a due process hearing?

1 Answer | Asked in Constitutional Law and Criminal Law for Oklahoma on
Answered on Mar 20, 2017

It would certainly appear that the bailiff is out of line. I would suggest that you try to schedule an appointment with the Judge handling the case you are interested in to help resolve the issue. Failing that, you may want to contact the ACLU in OKC and see if they can help you.
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Q: in Texas if you quash indictment for errors can they if there were fatal errors in the enhancement clause

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Texas on
Answered on Mar 20, 2017

Quashing an indictment is a complicated issue. Without seeing the indictment it's impossible to tell you if it can be quashed. You need to take the indictment to a lawyer so that person can review it and offer some real legal advice.
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Q: TX quashing felony indictment. Errors. Of facts in the enhancement clause of indictment ,reindictment/or matter quashed

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Answered on Mar 20, 2017

You need to hire a lawyer. Don't try to file your own writ or Motion to Quash. If you care about the outcome have an experienced professional help.
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Q: is a prosecuter get 13 continuances, based on he's waiting on the evidence we the defendant? they didn't produce any

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Criminal Law for California on
Answered on Mar 12, 2017

You might have a case for an appeal based on ineffective assistance of counsel, but it really depends on the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: a police department used my info and mugshot on facebook without my permission. I want to take legal action. Advice?

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Answered on Mar 7, 2017

Did you have a warrant for your arrest? Were you arrested? Were you charged with a crime? If so, then you may be out of luck. However, if they simply used your image and humiliated you for no good reason, then you may have a case.
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Q: How to set aside dismissal w/prej issued before hearing on a probate pet'n for tee fraud (no due process)?

2 Answers | Asked in Constitutional Law, Legal Malpractice and Probate for California on
Answered on Mar 7, 2017

Where you would file your motion to relieve yourself from a judgement or whether an appeal is required would depend on what court entered the order or judgement. That is a Hawaii court (as a general rule) cannot relieve someone from a state court judgement. A Federal court cannot (again, generally) relieve someone from a state court judgement, absent violation of a Federal statute or the U.S. Constitution.

For example, you cite Federal Rule of Civil Procedure 60, which would apply only...
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Q: Can a police officer use violent force to detain you even after you have asked for a attorney to be present?

3 Answers | Asked in Civil Rights and Constitutional Law for California on
Answered on Mar 7, 2017

The answer is likely yes. You have the right to a lawyer and you have the right not to speak. In fact, if the government uses any statements after you asked for a lawyer against you, or derived evidence from it, you should ask your lawyer for a motion to suppress the evidence. But, if there was probable cause you committed a crime, the officer had the right to arrest you by force.
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Q: To get a preliminary injunction (relief) in Federal District Court pro se what are 5 things I absolutely must get right?

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Massachusetts on
Answered on Mar 6, 2017

See: http://www.americanbar.org/publications/insights_on_law_andsociety/14/winter-2014/understanding-injunctions.html

See: https://www.law.cornell.edu/rules/frcp/rule_65

See: http://www.flmb.uscourts.gov/judges/tampa/mcewen/Corcoran_Article_on_Preliminary_Injunction.pdf

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,...
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Q: Is it legal to search a house if the information such as address and description are incorrect?

1 Answer | Asked in Constitutional Law and Criminal Law for California on
Answered on Mar 6, 2017

If you have the correct complex name and unit number, I don't see a problem with the immaterial "technical defects" in the warrant. See: http://law.justia.com/cases/california/supreme-court/3d/14/466.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I...
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Q: NYS: I heard that red light cameras tickets are against the state constitution because tickets must be witnessed

1 Answer | Asked in Constitutional Law and Traffic Tickets for New York on
Answered on Mar 6, 2017

Last I checked they were being enforced, the "witness" issue you raise is a red herring since a police officer / camera technician can be called as a witness. If you're planning on blowing by red lights I urge you not to ;)
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Q: Can I be sued from someone outside the US?

1 Answer | Asked in Criminal Law, Constitutional Law, International Law and Libel & Slander for Ohio on
Answered on Mar 6, 2017

Free speech protections do not apply to defamation, and opinions are not defamation. Defamation is a false statement of fact (not opinion) that damages a person's reputation. If I say John the surgeon is the worst, I am not uttering defamation because that's my opinion of John. If say John the surgeon left a scalpel in my body, and it is not true, that is defamation.

In all likelihood, a person living in Spain would sue you in Spanish courts because the damage done to their reputation...
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Q: I'm 17 can someone that is 23 get in trouble if he got me pregnant?

1 Answer | Asked in Criminal Law and Constitutional Law for Minnesota on
Answered on Mar 6, 2017
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