California Constitutional Law Questions & Answers
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 »
Those are political questions, not legal questions
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?
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.
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 »
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 »
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.
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 »
Q: Is there a lawyer that can help with age discrimination in the workplace?
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 »
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?
Was there probable cause for your arrest? If so, then no
Q: Where can I find a pro bono attorney? My intentions is to file case against Hayward Police Department, Alameda County
Justice system( court houses) and All day towing. Is there any way that you guys can help me find a pro bono attorney that is willing to fight for me. I went to Legal Aid in Hayward courthouse and they told me they cannot help me because I have a big case my good call back number is I-10 246-9279 I... Read more »
Contact the County Bar Association in your county and ask for their lawyer referral service to request they refer you to a lawyer who can assist you with your case. You may not find someone to help you pro bono, but if you have a good case you won't have too much trouble finding a good lawyer to... Read more »
Q: What rights does a man have and actions can a man make when a woman has just given birth to his baby?
My brother recently found out he is a father of a newborn baby, who’s mother will not answer his calls or texts and she’s has left town with the baby. He cannot reach her or the baby. In The last, she has stated that my brother will have nothing to do with this baby, but we got a paternity test... Read more »
Sir, you need to ask this question of lawyers in the District of Columbia. I am not licensed to practice there, and am unfamiliar with the law relating to father's rights there. You asked this question of lawyers in California.
Q: out on bond was searched by police and they found nothing.they charged me for possession for something 30ft away
Someone had said that a jacket was mine and the police found a gun inside. What can i do
hire a lawyer or request a court appt'd lawyer.
somehow they have to tie you to the jacket...........eyewit, fingerprints on the gun etc
Q: What are my constitutional rights not to appear for deposition after receiving "ORDER" in form of deposition subpoena
Hello,
I received deposition subpoenas with ORDER to appear.
For last 26 months, I am leasing apartment that before I moved in was empty for 4 months.
Previous tenant is suing my landlord.
Previous tenant's attorney is dragging me in to this mess. I do not know... Read more »
Irrespective of anything else, the right to life, liberty and pursuit of happiness is in the Declaration of Independence, a non binding document, and not in the Constitution
Q: Can a police officer take me to jail For calling them for to come help me?
My x spouse was out of state without my knowledge. My 15 wouldn’t answer my calls or texts, I went to my home to check on her, I found hard liquor empty bottles and passed out teens through out my home, she was locked in the master I opened to find her in underwear and a guy...she was cursing me... Read more »
More info needed.
i doubt if they will file against you and if they do your lawyer will probably get it dismissed.
either hire a lawyer now or ask for a public defender if you have to go to court.
maybe consider writing out a summary now while everything is fresh in your... Read more »
Q: can person name another to act on their behalf in lawsuit due to age & health reasons?
You really should discuss this with an attorney who practices in California. As a general matter, a power of attorney could enable a person to appoint another to act on their behalf in some settings, but a lawsuit is something that can personally involve a party, in terms of giving testimony,... Read more »
Q: I'm trying to find out the laws for the manufacture and sale of nunchucks in San Diego, California
I would probably be selling them at street fairs or farmers markets if possible
I believe the right to manufacture and/or sell such items is strictly prohibited by state law in California. You will need to contact counsel in San Diego County to fully research the legality of the manufacturing or sale of such products before you undertake such an enterprise. Any law firm which... Read more »
Q: I live in CA. While I was at work animal control came to my house and took my dogs out of my backyard.
They left a tag on my door and on the tag it said I hadn’t given my dogs food or water in days. That was a lie. I feed them and gave them water before I went to work.
Thanks for venting as there is o question
Q: Can you file a lawsuit if you can prove that police put you with the wrong inmates and you were jumped
There are a whole slew of unanswered questions, and a lot of information missing, which would allow me to offer any kind of advice to you in this situation.
You should immediately contact a lawyer with experience in criminal defense work and civil rights to help you get the answers you seek.
Q: I filed a discrimination complaint with HUD May 24th 2018. HUD contacted me 11 months later.
I responded and told HUD that I had a phone interview with DFEH April 16th, 2019. I filed the same complaint with DFEH November 05th 2018. DFEH closed my case because DFEH stated they lack jurisdiction to proceed forward on my complaint because the last date of harm is out of statute at which DFEH... Read more »
In California you have one year from the date of the last act of discrimination to file your complaint with the DFEH. By your own admission, that complaint was filed November 5, 2018, which is it within The one-year timeframe for filing your complaint of discrimination. But you need to look at... Read more »
Q: Why wouldn't I be able to sue the government for forcing jury duty on myself and others?
Suing for emotional distress, physical ailments caused by distress, duress and asking for my medical records after denying my appeal.
Because the courts already ruled that you can't
Q: I am new to this so I don’t know where to start.
Good morning, I have a family member fighting his case. I am new to this so I am not sure what to do first. He he has been incarcerated since 2003 for a case his brother and himself committed in Modesto Ca. He already served his time for that specific case which he received a strike as well. While... Read more »
While the time may have expired, he needs an attorney to see if any avenue if relief exists
Q: An ex employee, a maid, purloins the house key entrusted to her by her former employers.
She does not think they will mind if she enters their residence to borrow their lawnmower. She enters their property using the duplicate key while they are on vacation in order to borrow their lawnmower. She enters their home, removes the lawnmower, loads it into her truck, goes back into their... Read more »
more info needed.
not only can she be charged with burglary but assault with a deadly weapon if the facts warrant it.
was she working for them at the time and is NOW a former employee or was she a former employee BEFORE the incident.
her sentence will be influenced by a... Read more »
Q: Is it legal to negotiate a monetary settlement in exchange for not filing criminal misconduct of an attorney?
I believe negotiations of filing/not filing a complaint with the State Bar is not an option.....but is it legal to negotiate a settlement vs. reporting to law enforcement if that appears to be the only way to get financial compensation from being wronged?
And I am not just money hungry.... Read more »
I believe what you are suggesting is the essence of extortion, or blackmail, and you want to stay away from that. But all is not lost. For almost every crime there is a civil counterpart; just ask O.J. Simpson. As far as I know, there is no sanction for demanding compensation, or you will file... Read more »
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