Get free answers to your Constitutional Law legal questions from lawyers in your area.
I'm involved in a civil rights lawsuit where my rights under the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, and 14th Amendments have been violated and deprived under the color of law. Additionally, there has been evidence tampering, specifically with the alteration of sheriff bodycam footage.... View More 
answered on May 3, 2025
The issue of the maximum amount you can claim by law and the predictable monetary value of a claim are two different questions.
For police/sheriff misconduct incidents, there are potential claims under both State (Fla.) law and Federal law. State law claims against State or local entities... View More
I was originally tried in Miami-Dade County, Florida, where a mistrial was declared following an improper Richardson hearing conducted by my attorney from the public defender's office. My attorney moved for a mistrial, citing a violation of double jeopardy rights evident on the record. I was... View More
answered on Apr 29, 2025
You can always raise issues in post conviction relief whether good or bad. The more focused part of your scenario deals with the motion for mistrial. Oftentimes, the motion for mistrial is a waiver of the double jeopardy claim. In your scenario you do not clearly state the reason for the mistrial,... View More
I am working on a recall election initiative under Florida Statute 100.361 against the city's mayor. We created bumper stickers with a slogan using our municipality's logo, which had a trademark that expired in 2013. The city still uses the logo and denied us permission to use it, citing... View More
answered on Apr 22, 2025
There are 3 types of trademark protection: federal, state, and common law.
Federal law protects your registered trademark in all 50 states.
State law protects your state-registered mark within the boundaries of that state.
Common law protects the geographic area within which... View More
I am looking for recent rulings in the Marcus Mays case by the Florida Supreme Court concerning the unconstitutionality of the PRR, which might make his sentence illegal. This is important to me because I am facing a similar situation.
answered on Mar 19, 2025
I looked at the Marcus Maye decision in the district court and listened to the recent oral argument before the Fla S Ct. The DCA opinion reviewed the denial of relief filed by a person whose case is from 2003. The DCA said PRR sentence was good. Fla S Ct oral arguments dealt with issues such as... View More
I would like to know if it's possible to sue the six Supreme Court justices who, in my view, have created a new law granting the president immunity. My concern is that nowhere in the Constitution is such immunity mentioned, and I believe that only Congress has the power to enact such a law,... View More
answered on Feb 27, 2025
Good question. I've been practicing law for 39 years and, like you, I'm very angry about the recent Supreme Court decision on Presidential immunity. However, the answer to your question is no. The Justices' decisions (by majority vote) on how to interpret the US Constitution and... View More
Officer and cannot “prosecute” an alleged violation as a juridical officer of the court as well. Is this not a violation of the constitutional separation of powers?
2. Why is the prosecutor statements and evidence being allowed as facts in the courts by their fellow bar member judges?... View More
answered on Feb 8, 2025
1) Actually, the clerk of court (an officer of the judicial branch) issues a summons at the request of a party to a case, or that party's attorney.
2) Attorneys request judges to admit evidence and thus consider it in making decisions. A judge and the attorneys practicing before such... View More
They searched the vehicle I a found with no weapons or warrants and 8 feel they illegally searched me after they found morning in the car but said the dog hit on narcotics but nothing in car and driver and I both out of car but they did a second search on me with out asking me
answered on Feb 4, 2025
Generally, a passenger of a vehicle in a traffic stop can be asked to get out of the vehicle for a reasonable amount of time that it would take to complete the stop. However, the passenger can not be searched unless the is probable cause of a crime or consent was given. Like any legal issue, there... View More
Can provide case information if you can help
answered on Jan 21, 2025
Your first attempt to see if you can receive pro bono legal assistance is to find and contact your local office providing legal services to indigents. It may be called either Legal Services or Legal Aid, depending on what's in your area. If no luck there, try the local bar association for... View More
OK so the detective accessed my cousins phone and found incriminating evidence. The forensic unit ''cracked'' the phone then the detective got a search warrant 4 months later(her words in the depo). But when the detective wrote the complaint affidavit for the new charges she... View More
answered on Jan 16, 2025
What you've described could support post conviction relief (PCR). It could be important whether your cousin was tricked into "consenting" to a phone search. The State would argue that no search warrant is needed for a consensual search. It might be significant how long ago these... View More
Privacy If Possible as an individual right is not mentioned in the other amendments. All aspects of privacy should be mentioned as a way to allow an individual person to choose who or what to associate with. The first amendment addresses consent to join a group or organization. I am wondering if... View More
answered on Dec 10, 2024
Are you asking just an academic question, or you have a real-life situation that you need assistance with? If it's the latter, you'd need to provide some factual context to obtain any meaningful information. As a purely academic matter, it is the First Amendment that provides freedom of... View More
I helped my friend check into a detox and mental health facility one afternoon. The next morning, when I called to check on him, they had no idea where he was. I later learned from a corrections officer friend of mine that my friend was in jail for petty theft… stealing water and a sandwich,... View More
answered on Oct 13, 2024
You are obviously a very good friend to that person - but your friend must be the one who seeks legal advice. You may assist your friend by looking for a lawyer for him to consult with, and your friend can include you in the communications with a lawyer if he wishes, but it would not be lawful for... View More
A vop evidentiary hearing and rescheduled it twice now. How long can they hold him in jail without actually charging or convicted him of the violations. And they have charges on his score sheet that aren't his, my father hasn't been in trouble in 36 years besides a traffic ticket.... View More
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answered on Sep 28, 2024
It sounds like your issue is very fact-specific, and I would encourage you to engage with a criminal defense attorney to dig in and figure it out.
Generally, a conviction comes with a confinement sentence that is suspended (probation). Think, for a misdemeanor, one year in jail, suspended,... View More
The police are investigating our complaint of negligence, assault & battery, and trespass. A lawsuit has not been filed yet. They have asked if video evidence exists. Do I need to provide now or wait for the lawsuit and provide as part of discovery?
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answered on Jul 20, 2024
You are not obligated to provide video evidence to the police immediately upon filing your complaint. You have the right to withhold evidence until a lawsuit is formally filed and the discovery process begins. This allows you to present your evidence in a controlled legal environment.... View More
The Senior Public Defender of Lehigh County PA made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC. My charges were supposed to be concurrent not consecutive. Was supposed to be out 08/27/18 not 01 09 19. I have a letter from my PD stating that she made... View More
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answered on Jul 20, 2024
You may have grounds for a legal malpractice claim against your Public Defender if their error resulted in you serving an additional six months in prison. The key aspect is proving that the mistake was due to negligence and directly caused the additional time served. Having a letter from your... View More
I would also like to get my rights back to bear arms… in Florida… how successful is it with a specialized attorney in actually getting your gun rights back… with no violence and no gun charges in my history…?
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answered on Jun 29, 2024
In Florida, felons are prohibited from possessing firearms, including black powder pistols, regardless of how old the convictions are. This includes firearms defined under federal law, and black powder pistols fall into this category. So, you cannot legally own a black powder pistol for home... View More
I am a service member under FS 250.01 (19), according to FDACS website I am also allowed “to carry a concealed weapon or concealed firearm if you are 18 years of age or older”. And under FL Statue 790.0655 (2)(d)(9) I am allowed to purchase a rifle or shotgun under 21. My question is am I... View More
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answered on Jun 26, 2024
This is a complex question that involves federal and state laws, as well as specific exemptions for military members. Let's break it down:
1. Federal law: Generally, federal law prohibits licensed firearms dealers (FFLs) from selling handguns to individuals under 21. This applies... View More
N/A
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answered on May 24, 2024
Yes, you can sue Airbnb for discrimination, reckless endangerment, and the unjustified removal of your account, but there are several steps you should take to build a strong case. First, gather all relevant evidence, including emails, messages, screenshots, and any documentation related to your... View More
The lady that watched the dog encouraged my girlfriend to go to rehab that she’d watch the dog and that she was doing the right thing by going to rehab and getting herself clean and then a week later decided that she could take care of the dog and gave it away now she’s saying she doesn’t... View More
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answered on May 19, 2024
You have a valid concern regarding your girlfriend's dog. When someone agrees to watch a pet and then gives it away without permission, it can be seen as a breach of trust and possibly a legal issue. The first step is to gather all the details, including any messages or agreements between your... View More
I have been hacked for more than a year now, I’ve done everything in my power from self troubleshooting to asking for help online, this problem is beyond me and I feel very devasted.
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answered on May 1, 2024
It's understandably frustrating and distressing to deal with a hacking situation, especially when it feels like you're not getting the support you need. If you're considering legal action because you feel that big tech companies or law enforcement haven't adequately responded to... View More
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answered on Apr 17, 2024
The requirement for police to notify a guardian when questioning a minor varies depending on the jurisdiction and specific circumstances. In the United States, the Supreme Court case Fare v. Michael C. (1979) held that juvenile suspects must be given Miranda warnings before questioning. However, it... View More
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