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California Constitutional Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Is there a statue of limitations for suing for violation of civil.rights?

Maliciously prosecuted by the catholic church and a priest and his lying church member.

Prosecuted with no evidence.

Found not guilty. cruel. they lied. I have proof.

Louis George Fazzi
Louis George Fazzi
answered on Jan 23, 2023

Yes, the statute of limitations for your action is 2 years from the date of your injury.

You should immediately consult a good civil rights lawyer to make sure you don't miss the deadline to file your lawsuit. In your case, the date the statute of limitations began running is complicated.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: I was stopped for tresspassing on undeveloped land by 2 individuals using firearm search vehicle and instigate search

y a officer who said there were guns on my seat im felon i have been denied any motions due to them being frivilous according to my attorney i was denied a margesden motion by judge im missing stuff that should be in my discovery i had seen some deer cams and as far as i knew no one was supposed to... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 16, 2023

THE LAWYER YOU RETAINED OR THAT WAS APPOINTED BY THE COURT IS THE BEST PERSON TO ADDRESS THIS TYPE OF QUESTION.

DID YOUR LAWYER EXPLAIN TO THE COURT THAT YOUR FAILURE TO APPEAR WAS DUE TO HIS/HER NEGLIGENCE?

IF NOT, I THINK YOU MIGHT HAVE TO ASK THE JUDGE TO SPEAK AT THE NEXT HEARING.

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: Hi, My name is Breck & I am facing felony drug possession with intent to sell for 3oz of meth, in San Luis Obispo, Ca.

I was having dinner at friend's house, cops barged in, following her boyfriend, (who didn't live there,) for felony probation, searched my back packs, without permission & found it, arrested me & jailed me for a week. 1st time of my 60yr life. What to do, Please ?

Dale S. Gribow
Dale S. Gribow
answered on Dec 30, 2022

MORE INFO NEEDED...............

EITHER YOU RETAIN PRIVATE COUNSEL, OR THE COURT WILL APPOINT A PUBLIC DEFENDER.

YOUR LAWYER WILL THEN HAVE ALL THE EVIDENCE TO PROPERLY EVALUATE WHETHER THERE WAS AN ILLEGAL SEARCH AND SEIZURE.

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Domestic Violence for California on
Q: What type of attorney that can help me against an filing clerk at the courthouse for negligent falsifying documentation

She removed very important documents from my DV RESTRAINING order & my request to modify existing custody and visitation order in place. I believe this is a federal crime done against me. I'm seriously tired of being bullied & picked on & not treated equally fair. I've been... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 29, 2022

more info is needed...

a criminal lawyer if it is a criminal restraining order, rather than a divorce R.O. and then Family Law Atty.

if you are going to try to sue someone, you need a civil litigator, and they would normally only take the case on an hourly.............not a...
Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: If I have a guest in my house that's on informal probation in California and a probation officer knocks do I answer?

If I don't answer are they allowed to just open my door I am not on probation and if they conduct a search and find illegal substances of mine can they charge me?

Dale S. Gribow
Dale S. Gribow
answered on Dec 12, 2022

INFORMAL PROB DOES NOT HAVE PROBATION OFFICERS

WITHOUT A WARRANT, THEY CAN'T ENTER...LEGALLY

IF THEY DO FIND A WAY TO ENTER ANYTHING IN PLAIN SIGHT IS FAIR GAME...GUNS, DRUGS, DEAD BODY ETC

2 Answers | Asked in Personal Injury, Civil Rights and Constitutional Law for California on
Q: I need help I was pulled over by 2 cops one opened my driver's door and pulled me out of my vehicle swinging tossing me

Threw me to the ground and punches me in face severe damage

Dale S. Gribow
Dale S. Gribow
answered on Nov 27, 2022

You need to get a copy of the police report at the 1st court appearance, called an Arraignment. Ask the court to appoint a public defender who will assist in your getting the report.

If you are looking to sue the police for damages, then the report will show what the police say the facts...
Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: I was injail and given narcotic for alcohol withdrawal by the jail medical staff and taken into court. Is that leagal

I was arrested on a warrant for falier to appear on a midomenor. I was told that I ran out of the court room. I was charged with a felony escape. I have served my terminal and am being told I have to be on parole. I tried to jump through the hoops of being on paper twice before and was not capable... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

Not entirely sure what's happened. Speak with a local attorney to assist you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Civil Litigation and Constitutional Law for California on
Q: can police impound a drivers vehicle if the driver is detained, but not arrested?

Who is responsible for paying storage fees?

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

What is the basis for the impound. Speak with a local attorney to assist you and fight this case. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, DUI / DWI and Federal Crimes for California on
Q: I had a police officer cover up a felony hit&run didn't write a report or file 1.. did not arrest or dui test person

Responsible for causing 2 people injuries & 15000 property damage. Dmv was never notified no charges on person responsible.. I requested a report to be filed twice and police denied me.. now I can't take person to ourt to fix my totaled truck... if the tables were turned I'd be in... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 14, 2022

you should contact a local PI lawyer to guide you.

your lawyer should press the police and DA to file if there is evidence.

obviously, if you had insurance you would put it through that carrier.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: sentenced to 3 years in prison concluding my sentence case was reversed,vacated,case dissmised can I get compensated?

If so who could I contact for a civil lawsuit. Thanks

Louis George Fazzi
Louis George Fazzi
answered on Oct 27, 2022

You need a good civil rights lawyer or law firm to help you.

The best such firms are in Los Angeles and San Francisco. Do your research in those two markets and you will find some very good attorneys to assist you get the compensation to which you may be entitled.

Look up the...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can the police come into a house where I do not live in and am not a resident with a search warrant in my name

This was my mother's home where I have not lived or spent so much as one night in 22 years my mother and my two sons live there I was visiting police came with a warrant in my name for the search of that premises is this legal my name was the only name on the search warrant

Louis George Fazzi
Louis George Fazzi
answered on Oct 15, 2022

Although I am not expert in criminal law, I do believe that a warrant may be served by the police where the warrant describes the place to be searched and the things to be searched. It makes no difference that you don't reside at the location. But you should talk to a criminal defense lawyer... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Employment Law for California on
Q: Is a contract for employment with a jury trial waiver valid?

I have been offered an employment contract with an arbitration agreement clause that includes a jury trial waiver, is this valid under the CA constitution and/or US constitution, and what are the laws governing jury trial waiver in employment law?

Neil Pedersen
Neil Pedersen
answered on Oct 14, 2022

It is constitutional. However in California there is a statute that states that no employer can make signing an arbitration clause a condition of employment, which means you can lawfully refuse to sign that part of the agreement. Further the clause will be considered unenforceable if you sign it... Read more »

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Constitutional Law for California on
Q: whether fetus' have a right to be free from abuse, allowing for normal brain development? if so after birth whether the

fetus' protections from domestic violence even causing stress on the mother, in turn cause a fetus brain not to develop normal/healthy. The brain starts to form while in the womb. When under stress or physical abuse forming transmitters, do not form connections as they would normally. Normally... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 9, 2022

As you may know, fetal rights depend on state law and context. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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Q: Are inspection warrants rqd. to contain the same elements as criminal warrants , ie., Seal, clrk stamp, 2b legal?

An inspection warrant was served upon my property. The probable cause was was due to noise complaints, per fire marshal. No evidence of existing health or safety violations, or noise citations. Accused of selling alcohol, w/out evidence. Warrant looked incomplete, no Seal, no clerk stamp, and... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Oct 7, 2022

You will need a lawyer with experience in dealing with code enforcement issues with local governments.

Inspection warrants need to be issued by a judge on a showing of some probable cause to issue the warrant. You should have been given a copy of the warrant, which you can give to whatever...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Criminal Law for California on
Q: My husband is at o.c. irc jail and has pulmonary hypertension and they do not have 1 of the 3 meds he needs. What now?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

A jail has a due process requirement to provide medications that are necessary. To failure to do so is also a violation of the cruel and unusual punishment prohibition in the United States Constitution. I would petition for review.

1 Answer | Asked in Criminal Law, Child Support, Civil Rights and Constitutional Law for California on
Q: What can I do to stop them from losing my paperwork,changing the worker and I consolidate the case to modify this order?

When I my husband left his kids mom he had his kids.Dcss garnished his wages for welfare she collected while they were still together. While going to court the mother applied for welfare in another county where she was in a drug rehab . That county sent him a notice for paternity.He called them... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

Sorry but this is confusing. Sit down with a local attorney to discuss your options. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Constitutional Law for California on
Q: What happens if the information on a police report wrong and the wrong birth date on the warrant?
James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

An incorrect birth date on papers will generally make no difference, unless this is a case of misidentification. Speak with a local attorney regarding representation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Traffic Tickets and Constitutional Law for California on
Q: Is it enough probable cause for someone to "look under the age of 18" in California? (On a bike without a helmet).

I was on my electric bike without a helmet and I was pulled over by a police officer, he asked me if I was over the age of 18, could I have just said, "I do not answer questions"?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

It's generally best not to give statements. Regardless, it's water under the bridge at this point, so speak with a local attorney to defend you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »

2 Answers | Asked in Animal / Dog Law and Constitutional Law for California on
Q: my brother got our dog by a blue toy and there it in the air the dog flew and no one cares but me what should i do?

* dog holding on tightly

*Brother swang around blue toy before droping it

* i told parents but no one cares

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

A little difficult to answer based on the fact pattern. Assuming that no one was injured or hurt, this is likely just a personal matter and something to bring up with your family for discussion.

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: I have a civil case at hand, how do I get it to be all over the news?

I would like to publish my case all over the news as I see many court case trials published on the news, how do I do that?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Be careful, media attention is not always a good thing. Speak with a local attorney regarding your case and how best to proceed. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for... Read more »

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