Lawyers, Answer Questions  & Get Points Log In
District of Columbia Constitutional Law Questions & Answers
Q: Attorney General for Maryland submitted Application for Expungement of Wrongful Conviction Records without my knowledge

Administrative Judge issued Order for Expungement, Certificate of Compliance from Public Safety attested Order Complied with but same Wrongful Conviction Records is showing on background Check for over 30 years. Attorney General Who filed for Expungement Represents Maryland’s Public Safety Agency... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

In your situation, if there is a court order for expungement that hasn't been complied with, you may indeed have a legal claim against the responsible parties for non-compliance. This can be particularly relevant if the wrongful conviction records are still affecting your life, such as... View More

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: Is it that irrational to ban Trump from the ballot due to January 6th? The 14th amendment is ambiguous!

The 14th amendment is ambiguous with regards to “ shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.“ Since Trump isn’t in office the courts can... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2024

The question of whether it's rational to ban a former president from the ballot due to involvement in an event like January 6th hinges on the interpretation of the 14th Amendment, specifically the clause related to insurrection or rebellion. The ambiguity you've noted in the... View More

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: Can the federal government withold money to colleges who allow pro palestinian protests.

Nikki Haley spoke about not giving money to colleges who refused to “crackdown” on protests deemed anti semetic.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2023

The federal government's ability to withhold funding from colleges based on the content of protests or speech activities raises significant First Amendment concerns. The First Amendment of the U.S. Constitution protects freedom of speech, which includes the right to engage in peaceful protests... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for District of Columbia on
Q: What rights are covered by the Constitution when you have a carry and concealed weapon permit in Washington DC.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

In Washington, D.C., as in many other jurisdictions in the United States, the right to carry and conceal a weapon is governed by a combination of federal and local laws and regulations. When an individual obtains a carry and concealed weapon permit in Washington, D.C., they typically have the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for District of Columbia on
Q: Are there proper or certain procedures required by the police department dealing with concealed carry permits?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

The procedures for dealing with concealed carry permits can vary significantly from state to state and even within different jurisdictions within a state. Generally, the issuance and regulation of concealed carry permits fall under state law, and the specific procedures are outlined in those laws.... View More

1 Answer | Asked in Appeals / Appellate Law and Constitutional Law for District of Columbia on
Q: Where can I find a constitutional lawyer that will do contingency in Virginia or Washington dc

Need help asap need appeals federal court case

Tim Akpinar
Tim Akpinar
answered on May 29, 2023

An attorney in those jurisdictions could advise best, but your question remains open for two weeks. If you don't have someone recommended professionally, you could run searches by going online, using the tab above (Find a Lawyer), or through attorney referral services of local bar... View More

Q: I work disability one thru NW Works at USDA . IVE WALKED OUT DUE DO ALL THE STRESS OF HARASSMENT , depressions started

Employee of USDA has been verbally harassing me , constantly messing with my cleaning items , his boss also harassing me . My depression has got to the point where I walked out of work. No support from NW Works.

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on May 18, 2023

If you have not already filed an informal complaint with your agency, you should do so immediately. Under the Federal Sector regulations, which cover federal employees, you have 45 days to file an informal complaint of discrimination from the date that discrimination or the date of last retaliation... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for District of Columbia on
Q: Can my pastors come in my home because it’s on church property without my permission?

I live on the property of the church I attend, and I also work here. I haven’t started paying rent yet, but I will be soon. Someone told the pastors that they smelled marijuana coming out of my apartment and the pastors showed up unannounced and demanded they come into my home without giving me a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

As a resident on church property, you have the right to privacy and the right to deny entry to others, including pastors, without your consent or without a legal warrant. Just because your home is located on church property does not mean that your pastors have the right to enter your home without... View More

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: If Greg Abbott ignores the supreme courts law about the razor wire is this a sign of a coup or uprising?

I know its a slippery slope but what happens if other people do what he does and simply just ignore what the supreme court says? Is their any legitimacy to the law of the land?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Selective defiance of courts in limited instances, while very troubling, does not automatically equate to a coup or uprising attempt. It would depend on systematic efforts to concentrate power, the reaction of other governmental bodies, and how widespread anti-democratic activities became. At this... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Libel & Slander for District of Columbia on
Q: I need help in my case for January 6, 2021. If anyone can help me, please let me know.

I need help regarding my charges for being inside the Capitol on January 6

Laurence L. Socci
Laurence L. Socci
answered on May 27, 2022

I'm a DC criminal defense attorney. I offer low-bono services, which means I offer significant discounts for certain cases. This would be one of those cases. If you would like to discuss your case with me, you can call me at 202-262-5843 or email me at laurence.socci@soccilawfirm.com.... View More

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: How long can house withhold action from senate after voting for it before it is illegal?

The process for the house is complete and only needs deliver to senate to begin their process. Is it illegal for them to withhold this action, especially for political gain.

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 20, 2019

This isn't a question for this forum. I'm sure it relates to current events and you can find the answer there.

1 Answer | Asked in Criminal Law and Constitutional Law for District of Columbia on
Q: Can u get arrested for not wearing a seatbelt?
Mark Oakley
Mark Oakley
answered on Jun 10, 2019

No. It’s not even a moving violation and carries no points. Normal fine is $25.

Q: Is it legal for our government to give billions of American taxpayers dollars to an illegally nuclear armed country.

Israel has hundreds of nuclear weapons and refuses to allow inspections of their facilities and has not signed The Treaty on the Non-Proliferation of Nuclear Weapons. Not to mention, this is a hostile nation that has attacked the US military killing hundreds of American service men with no... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Aug 30, 2018

The U.S. Government has been giving Isreal Billions of dollars in foreign aid for many years and getting little in return...so apparently it is legal.

Q: Is this a matter for US Supreme Court?

I have a situation where I formed a contract by payment of ongoing fees with a US government department and for that contract I was lead to believe I would have legal rights protecting my property under US law given by U.S. Congress which has not happened, if things happened a certain way.... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 3, 2018

I have worked with patents for a long time. I cannot think of any government agency that accepts money from an individual for protecting intellectual property beyond the normal processes of filing for a patent, trademark, or copyright.

You need to talk with an attorney that can review all...
View More

Q: Can US citizens file a civil suit against a former senior member of the U.S. Government for negligence?

If so, is their case law?

Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2018

Anyone can sue for anything but a case that 1) is for a generalized harm 2) for a non-specific injury (e.g. he acted to limit our 2nd amendment rights) 3)is tolled by the statute of limitations 4) where the Federal Tort Claims Act was not complied with 5)or that concerns discretionary duties will... View More

2 Answers | Asked in Constitutional Law for District of Columbia on
Q: Could the Senate invoke the Nuclear Option today, then eliminate it for future usage.
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 10, 2017

The Senate can change the rules by voting to do so, now and in the future. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for District of Columbia on
Q: How to counter a criminal summons with a civil claim before a court date?

State of Virginia Trooper in collusion with a Sherrif's deputy and towing companies. Anti-fraud statute should apply under Sherman Act, presumably?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 20, 2017

You should contact a VA lawyer about this, rather than posting on the DC forum. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions,... View More

Q: Is it illegal for news corporations like NBC to distribute fake news? Is it illegal for the White House to distribute?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

It depends on the facts. See: https://www.fcc.gov/consumers/guides/broadcasting-false-information. Also the President cannot commit crimes, obviously. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for District of Columbia on
Q: Who won the District of Columbia v. Heller case?

It is a case that focuses on the 2nd amendment. (I just need to know who won that case)

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

See: https://www.law.cornell.edu/supct/html/07-290.ZS.html

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,...
View More

1 Answer | Asked in Constitutional Law and Criminal Law for District of Columbia on
Q: Is it illegal to desecrate the American flag? I saw on the Cornell university law school website that it was?

People say that this doesn't mean anything but is it the current law or not? I'm finding alot of opposing ideas on it. Is it illegal or not? (1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 7, 2016

There are indeed legal precedents which hold that the right to free speech permits political acts such as flag burning. However be prepared to defend the fact that such an act was indeed political speech and not otherwise endangering the public's safety. It can get tricky, especially depending... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.