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California Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: My house got raided because my boyfriend had a warrant They cited us out but kept him because his probation had a hold

the warrent was for miscommunication with p.o about checking in.This happened on wendsday. It's now Saturday they have not given him a bail(which from my understanding due to covid they r suppose to)?and he hasnt seen a judge for the hold. Isnt he suppose to be released if not in court within... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 25, 2020

more info needed.

it appears he was not picked up on a new charge/arrest where they would bring him to court within 72 hours.

was he in custody or given a sentence for which he did not comply?...like reporting to the PO.

if so, I suspect that technically the underlying...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Sexual Harassment for California on
Q: Is it illegal to set some one up

Isn’t illegal to watch someone on camera without consennt they said an diego police gave them permission to set me up isn’t that illegal

Louis George Fazzi
Louis George Fazzi answered on Oct 23, 2020

Eavesdropping is an invasion of privacy and may be a crime in California unless consent is obtained prior to the act itself. You may want to talk to a lawyer if you need more information concerning your particular circumstances.

1 Answer | Asked in Criminal Law, Animal / Dog Law, Constitutional Law and Federal Crimes for California on
Q: Is it illegal for my neighbor to rapidly fire c02 bbgun(rifle) point blank at my cat walking threw his yard WHILE"LOL"

Ca discharge in city limits with intent to harm or destroy poperty? Always shows off to his visiting family that he shoots the cats and the all think it's so funny as he runs at them into the street while still carelessly rapidly discharging bbgun(man is 50+ yrs old)

***RECENTLY**found... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 21, 2020

Suggest you report this to police for potential criminal charges re: BB gun and animal abuse.

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1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Personal Injury for California on
Q: I called 911 for psychiatric help & police wrongfully assaulted & arrested me. Charges dismissed after 14 months. Help

I called 911 for psychiatric reasons after loosing my home and suffering 3 degree burns. The operator asked me to specify whether I needed hospital or police. I specified hospital, Stanford, and that I did not need the police. But the police proceeded to arrive and dismiss the ambulance and fire... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 15, 2020

Try contacting the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area (LCCRSF). They focus on civil rights cases like yours, and will connect you with a lawyer who can help you. Their website is: https://lccrsf.org/ and I suggest you copy and paste the link into your browser. They... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: I have a question about Roe v Wade.

As I understand it, Roe v Wade found that the Texas law was unconstitutional because it was an invasion of Roe/McCorvey’s right to privacy. Given the current state of affairs, I wonder if it couldn’t be argued on two additional constitutional rights: 1) life, liberty and the pursuit of... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 13, 2020

ANY ARGUMENT CAN BE MADE AT ANY TIME FOR ANYTHING.

THE WEIGHT AND PROPRIETY OF THE ARGUMENT ARE UP TO THE JUDGE TO DECIDE.

OFTEN IT FALLS TO THE LAWYER ARGUING THE MATTER.

OFT TIMES ONE LAWYER IS MORE PERSUASIVE THAN THE OTHER...AND THAT CONVINCES THE TRIER OF FACT.

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Legal Malpractice for California on
Q: I have been assaulted by police,I have a letter from the county saying I need to file a extension

I called 911 on myself for psychiatric help after loosing my home and being severely burned in a fire. the police showed up & dismissed the ambulance & EMTs & proceeded to arrest & assault me unjustly. They put handcuffs on my (3rd& 4th degree) burned wrists and 6 officers... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 13, 2020

i assume this is the case we just discussed over the phone re Boat Accident.

if you need more assistance please call and I will try to help you find a Maritime Lawyer in Northern California.

1 Answer | Asked in Constitutional Law, Construction Law, Consumer Law and Small Claims for California on
Q: I am a homeowner in Ca I hired a contractor to do painting around the house. I am I in my rights to fire the contractor.

I hired the contactor to do painting around the house. The job is not being done correctly or at all.

Maurice Mandel II
Maurice Mandel II answered on Oct 5, 2020

You have the right to terminate any contract at any time for any reason BUT you cannot terminate all contracts without penalty. Meaning, if you terminate the contract without "good cause" you may have to pay the other party some damages. Now you say that they are not doing it... Read more »

Q: Hard authorities search: Deprivation due to payment processing location being closed. Tried to pay, not possible

Preventing deprivation not possible. Need authority to cite if it exists. Trying various search terms for many days. Car booted while awaiting payment of fines, tow ordered 72 hours later, but payment processing center not open and no other means available. Tried to make payment while boot attached... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 5, 2020

IS THIS FOR CALIFORNIA?

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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: In California, can residents get Gavin Newsome to stop enacting laws that negatively affect the state?

Newsome has intentionally taken the voting rights away from residents by signing executive orders on issues that negatively affect residents in BIG WAYS. The rights of residents to vote, basically removing the only way residents can have that voice heard. He needs to be stopped and the residents... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 2, 2020

Is this a serious question or are you just ranting about your disagreement with actions by the Legislature and the Governor? First, he was not "self appointed" he was elected by a majority of the California Voters that actually voted in the last election. Next, he can only sign into law... Read more »

1 Answer | Asked in Traffic Tickets and Constitutional Law for California on
Q: I have to appear in traffic court soon .I have a few questions about my defence argument I was pulled over for speeding

Speeding and unlicensed driver . my car was impounded and I recieved traffic tickets.

I would like to pitch my defence arguments to you for advice and feedback. before I walk in to court room and make it even worse

Maurice Mandel II
Maurice Mandel II answered on Oct 1, 2020

IMO the only defense that MIGHT get you off a speeding ticket is if you were in fear of death for yourself or your passenger. Such as you had a pregnant woman giving birth and you were racing to the hospital; or you were being chased by a youth gang who were shooting at the car and you showed the... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Privacy online school

Dear Lawyers,

I would like to respect my privacy and not let my school teachers look into my household // room. I'm extremely uncomfortable with the fact that people can look into my house whenever they want. I would like to know if there is a law in California protecting my rights.

Louis George Fazzi
Louis George Fazzi answered on Sep 22, 2020

If you are using Zoom to log in for school, go to the settings in the Zoom application and choose a virtual background so the camera only shows you on screen and your immediate surroundings. Also make sure you are as close to the camera on your computer or tablet as you can be, so you fill the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for California on
Q: Is it a racial discrimination case to kick me out of a hotel for smoking and covering up a smoke detector with no proof

After they told my girlfriend a hour before that everything was fine then when I arrive at front desk a hour later to ask why my room wasn’t cleaned they say we have to check out and we already paid for the weekend up until Monday this incident happens Friday! So they kick us out with ZERO proof... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2020

It would be racial discrimination if smokers of your race were the only smokers being kicked out of the hotel. You should request a refund of your payment as to the days you did not occupy the room. They may have a policy about extra cleaning of the room if you smoked in it. I understand the... Read more »

1 Answer | Asked in Constitutional Law for California on
Q: Can the CA Civil Code 51.7 be used to allow someone to NOT be forced to wear a mask?

I have COPD and have a hard time breathing. My local stores will not allow you in unless you have a mask on.

Maurice Mandel II
Maurice Mandel II answered on Sep 20, 2020

Probably not, because 51.7 incorporates 51, which states: "(c) This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin,... Read more »

2 Answers | Asked in Civil Rights and Constitutional Law for California on
Q: What do I do? I have police lying on reports, the district attorney lying in court. And much more. I have proof of it.

I had a officer refuse to file charges against a person that pressed a gun against my face and he also told me it was legal because I did not show fear. The police will not arrest him even though on the statement he gave to police he stated that he pulled a gun on me and punched my friend in the... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 11, 2020

You need the advice of a good civil rights lawyer. One option you may have is to file suit against the perpetrator for assault and battery. There are some good civil rights lawyers in Fresno. Most good lawyers who handle these kinds of cases give free consultations. If the local DA's office... Read more »

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1 Answer | Asked in Constitutional Law and Education Law for California on
Q: Can a first grade teacher show a video highlighting one particular religion? Don't all materials shown need approval?

Do children that "dress differently" have the right to use that as a reason to talk about their religion or sexuality to other classmates?

Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

Interesting question. Answer: It depends on how the teacher presents the discussion about the religion, and there is no limit on what students can talk about among themselves. If the teacher's presentation is for the purpose of discussing a different type of religion, or sensitizing students... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for California on
Q: Although I have a felony what can I legally carry to protect and defend myself?

Regardless of Probation and Parole it's got to be something we can do to protect ourselves other than just died and accept it.

Dale S. Gribow
Dale S. Gribow answered on Sep 6, 2020

more info needed.

you must look at court terms of probation or parole.

have you considered martial arts?

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: If somebody is a convicted felon what can they carry legally for self defense and protection
Dale S. Gribow
Dale S. Gribow answered on Sep 6, 2020

more info needed........

it depends.....what were they convicted of? how long ago? on parole or probation? do terms of probation or parole address that issue?

the best person to ask is the person who represented them on the underlying case.

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can I sue for harassment? Invasion of privacy? What can I do to stop threats I get 3 or 4 yearly?

I live in a senior mobile home park, mobiles are owned by tennent, spaces rented monthly. Management inspects property often but never gives notice. They take potographs of patio, porch, yard and space under mobile, then posts letter with threats of eviction actions for things like: any item under... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 4, 2020

Sorry that you are having to deal with this at a time when you should be resting on your laurels. In my experience the operators of MHP are often little dictators with the park as their empire. The believe they are the law. You should sell and move to a better place, if possible, because what... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for California on
Q: What to do when sheriffs swat team fail to provide bodycam video and audio from all officers from day of home raided

I did a motion to compel discovery and officers and district attorney faild to provide body cam footage which I believe would prove my innocence of felony charges due to the investigator failing to remember the firearms were in a locked safe with a pad lock on it which no one had a key to so... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 31, 2020

much more info needed.

hopefully, you have a lawyer.

i would have included in the motion picture of the box showing not wood and that lock broken by police.

if that judge didn't rule for you have you considered appealing that ruling?

1 Answer | Asked in Civil Rights, Communications Law, Constitutional Law and Consumer Law for California on
Q: Does a home buyer have to disclose to the seller that they will be turning their house into a community care facility

Before purchasing a home does a buyer have to disclose to the seller that they don't have any intention on living in the home as they plan on using the home as a community care facility? If so what kind of legal action can be taken against the buyer for not doing so?

Maurice Mandel II
Maurice Mandel II answered on Aug 30, 2020

Fraud would be the failure to disclose material facts regarding the sale of the property. Once you transfer the title the new Owner can make whatever legal use of the property they choose, you do not have any say in what they do. Therefore, the failure of the BUYER to disclose his future... Read more »

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