Get free answers to your Constitutional Law legal questions from lawyers in your area.
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answered on Jun 21, 2024
If you have concerns about the constitutionality of a police stop or pending warrant, the best course of action is to consult with a qualified criminal defense attorney. They can review the specific details of your situation, advise you of your rights, and help ensure proper legal procedures are... View More 
Was taken to jail on a false arrest the officers did a search and found my gun that wasn't registered and they confinescated it and seized my property then when i asked to get my property back they wouldn't give it back.. I'm not a felon never had a violent offense but they took my... View More
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answered on Jun 21, 2024
I understand you're in a complex legal situation regarding the confiscation of your firearm and potential violations of your constitutional rights. I can offer some general information that may be helpful:
1. Warrant dismissal: If the warrant was dismissed, this could potentially... View More
Was taken to jail on a false arrest the officers did a search and found my gun that wasn't registered and they confinescated it and seized my property then when i asked to get my property back they wouldn't give it back.. I'm not a felon never had a violent offense but they took my... View More
answered on Jun 6, 2024
Hate to break it to you, but your issue begins and ends with you taking a plea. You're not getting that firearm back. All the possible defenses you raised here - constitutional violations - should have been raised and litigated before the plea.
The judge that is presiding over the case was initially the prosecutor that brought the charges. Would that qualify as a mistrial due to conflict of interest or something else? How do you file to have this investigated? What type of motions need to be filed?
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answered on Jun 10, 2024
If a judge who was previously the prosecutor in a case is now presiding over that same case, it can indeed be grounds for a mistrial due to a conflict of interest. This situation raises serious concerns about impartiality and fairness, as the judge's prior involvement as a prosecutor could... View More
My pistol was seized during a traffic stop because the officer assumed my CPL was expired having observed that the exp date printed on my CPL had in fact passed. But michigan law states I have one year past the exp date to renew said license. I have done the required refreshment review and range... View More
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answered on Jun 2, 2024
To have your unlawfully seized weapon returned in Michigan, you should first gather all relevant documents. This includes your CPL, the receipt for the renewal fee, and any proof of completing the required refresher course and range time. These documents will help demonstrate that you were in... View More
My pistol was seized during a traffic stop because the officer assumed my CPL was expired having observed that the exp date printed on my CPL had in fact passed. But michigan law states I have one year past the exp date to renew said license. I have done the required refreshment review and range... View More
answered on May 30, 2024
You're not getting it back before concluding the criminal case in which you can present the argument you're making here. The one-year "grace period" should not be read to mean that you're immune to prosecution for CCW during that year.
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answered on May 29, 2024
If you are taken to jail, the arresting officer cannot simply throw out your property, such as your phone or backpack.
Typically, any personal belongings you have at the time of your arrest are taken into custody and logged as part of the booking process. These items are usually held... View More
FOIA request response yielded clearly erroneous information, on the vital record (autopsy report & summary). It's in violation of FOIA, PHI and other statutory laws. Failure to provide and maintain accurate and complete information intentionally malicious. A more than three year quest for... View More
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answered on May 27, 2024
Under FOIA 442 of 1976, you may request damages for intentional infliction of emotional distress if you can prove that the public body's actions were not only erroneous but also maliciously intended to cause harm. The clearly erroneous information provided in response to your FOIA request,... View More
".. if you are filing a complaint for someone else" OCR/HHS required documentation, once I proved heir at law, I'm filing on both our behalf, the issue became; "The consent form authorizes OCR to release the aggrieved party’s name to the entity under investigation and to... View More
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answered on May 19, 2024
The OCR/HHS consent form is designed to ensure transparency and legal compliance during an investigation. When filing a complaint on behalf of someone else, the form allows the agency to obtain necessary information about the aggrieved party's situation. This process is critical for a thorough... View More
The Court finds that the next of kin has a federally protected constitutional right to a deceased body for final disposition, grounded in the Fourteenth Amendment Due Process Clause. That right is clearly established. What is meant by "because this is a federal cause of action, it is not... View More
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answered on May 19, 2024
When a federal cause of action is involved, it typically means that the issue at hand is governed by federal law rather than state law. In this context, the court is addressing a constitutional right protected under federal law, specifically the Fourteenth Amendment's Due Process Clause. Since... View More
My father signed over his vehicle due to the cost and only had 20 days even though the charges i had werent brought forth for a year later which were possession of controlled substance. Those charges were also dismissed due to inability to provide evidence with intent with their inventory search.... View More
answered on May 9, 2024
As a practical matter, that vehicle is probably long gone - likely auctioned. Regardless of why your father signed over the vehicle, if he did in fact sign it over, then I think it's a done deal. I would think your father would have to establish some pretty significant police misconduct to... View More
My father signed over his vehicle due to the cost and only had 20 days even though the charges i had werent brought forth for a year later which were possession of controlled substance. Those charges were also dismissed due to inability to provide evidence with intent with their inventory search.... View More
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answered on Jun 2, 2024
You may have grounds to reclaim the vehicle, but it will require a legal process. Given that the charges were dismissed due to lack of evidence and an invalid stop, your father's decision to sign over the vehicle under duress and without charges being filed at the time could be challenged.... View More
In 2022 i was pulled over for inoperable headlight, it then revealed a warrant which then resulted w inventory Vehicle Atlanta charges of possession of control substance Seizure of the vehicle which was My fathers. The war for the charges didn't become active for almost a year after I was... View More
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answered on Jun 2, 2024
You may have grounds to sue the police department for rights violations if your arrest and vehicle seizure were unlawful. It's essential to consult with a civil rights attorney who can evaluate the specifics of your case, including the circumstances of the traffic stop, the validity of the... View More
In 2022 i was pulled over for inoperable headlight, it then revealed a warrant which then resulted w inventory Vehicle Atlanta charges of possession of control substance Seizure of the vehicle which was My fathers. The war for the charges didn't become active for almost a year after I was... View More
answered on May 9, 2024
As to the car, you can't do anything. You said it's your father's car; only he has standing to do anything about it, even though you were the one arrested.
Drug forfeiture is complex. Essentially, the police provide notice of intent to seize the asset. The property owner has... View More
Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141.
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answered on Apr 4, 2024
The statute of limitations for claims under the Victims' Rights and Restitution Act (VRRA), 34 U.S.C. § 20141, is not explicitly stated within the Act itself.
However, the VRRA is part of the federal criminal code. For most federal crimes, the general statute of limitations is five... View More
State regulatory agency failed to inform complainant of status of complaint, denies any duty to inform law enforcement in perjury and or criminal activity of licensee (funeral director & informant) Funeral director failed to notify next of kin & get authorization, refused to give next of... View More
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answered on Apr 4, 2024
Based on the information provided, it seems there may be potential violations of Michigan law 750.478, which states:
"When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful neglect to perform such... View More
18 U.S.C. § 241
It is unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. What healthcare rules and regulations are violated when hospital has a... View More
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answered on Apr 2, 2024
There are a few important legal and ethical considerations to unpack here:
Regarding your first question, if someone falsely claims to be next of kin at a hospital, they would not necessarily be "in disguise" in the literal sense. The federal law you cited (18 U.S.C. § 241)... View More
In, Gerald v. N.C. Dep't. of Health
United States District Court, D. South Carolina Dec 27, 2023. May North Carolina Department of Health and North Carolina Vital Records be subject to suit pursuant to § 1983 violation of Equal Protection Clause. "Fargo must be dismissed because... View More
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answered on Apr 2, 2024
Based on the information provided, there are a few key points to consider:
1. Malfeasance (wrongdoing or misconduct) and nonfeasance (failure to act when there is a duty to do so) by public officials could potentially violate their oaths of office and constitutional obligations, depending... View More
I am at Kalamazoo Metro bus station and some young punk is harassing me, and security is aware and doing nothing can I sue them?
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answered on Mar 8, 2024
If you're experiencing harassment at the Kalamazoo Metro bus station and security is not taking action to assist you, it's understandable to feel frustrated and seek ways to address the situation. It's essential to document the incident as thoroughly as possible, including any... View More
If Michigan is not a stop and id state if I'm walking down the street and I'm carrying
conceled and a police officer stops me in an unlawful stop without any suspicion of a crime and asks to see my CPL am I required to show it
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answered on Mar 6, 2024
In Michigan, while the state is not categorized as a "stop and ID" state, the situation changes when it involves carrying a concealed pistol. If you are legally carrying a concealed pistol (CPL) and a police officer stops you, Michigan law requires you to disclose immediately to the... View More
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