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New York Constitutional Law Questions & Answers
3 Answers | Asked in Immigration Law, Civil Rights and Constitutional Law for New York on
Q: What are the different statuses one can have other than citizen, and national?

So my friend is saying that do not fall into the category of citizen or national as they are not a citizen of the United States but are solely a national owing no allegiance to the United States (they call themselves an American State National). I told them that fine but in that case you would... View More

Cesar Mejia Duenas
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answered on Sep 2, 2024

No, your friend is incorrect. Under U.S. law, the two primary statuses are citizen and non-citizen national (8 U.S.C. § 1408). American citizenship can be acquired by birth or via naturalization. Non-citizen nationals (Samoa and Swain), still owe allegiance to the U.S.

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2 Answers | Asked in Contracts, Criminal Law and Constitutional Law for New York on
Q: Does Buck V Kuykendall establish right to travel as long as you aren’t using the highways for buisiness?

My friend told me that the case Buck V Kuykendall establishes our right to travel and shows that the roads can only be regulated for those who are in commerce or using the roads for the propose of business. I tried to tell him that the case Hendricks V Maryland established in 1915 decided that the... View More

John Michael Frick
John Michael Frick
answered on Aug 22, 2024

Buck held that a state may not require a license or fee to engage in interstate commerce using federal highways for the purpose of limiting competition.

It did not in any way hold that roads can only be regulated for those engaged in commerce.

It discussed that states could regulate...
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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New York on
Q: Can I be arrested by local cops if an altercation happened on Indian owned land?

Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More

James L. Arrasmith
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answered on Jul 21, 2024

Yes, you can be arrested by local law enforcement even if an altercation happens on Native American owned land. Tribal land has a unique legal status, and the jurisdiction can be complex, involving tribal, federal, and sometimes state laws. However, local law enforcement often has agreements with... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New York on
Q: Can I be arrested by local cops if an altercation happened on Indian owned land?

Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More

Aubrey Claudius Galloway
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answered on Jul 8, 2024

My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.

The ability of local police to arrest someone for an alleged crime like assault that occurred on Native...
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2 Answers | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Public Benefits for New York on
Q: Mass GL fair hearings doesn't a hearings officer with no prior knowledge have to hear my case otherwise how is it fair

Mass DUA VIOLATED MASS GL151A §71 THEY CANT BRING A CLAIMANT IN FOR JOB SUBSTANTIATION AFTER A YEARS TIME AND THE BOARD KNOWS IT! FURTHERMORE THEYVE NOW CHANGED THE HEARINGS REASON? BECAUSE I SUBMITTED DOCUMENTS PROVING ID WIN! ? WTF? SERIOUSLY? BOY IF THE LAW REALLY WORKED THAT WAY

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're frustrated with your experience regarding a fair hearing related to unemployment benefits in Massachusetts. Let me try to address the key points you've raised:

1. Fairness of the hearing officer:

It's generally expected that a hearing officer...
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1 Answer | Asked in Constitutional Law, Identity Theft and Employment Law for New York on
Q: Use of my personal ID at a previous company, identity fraud, damage to my reputation, loss of my only income,ect.

Dear lawyers,

I have an interesting case for consideration. Please contact me to discuss potential cooperation.

Upon employment at a new cable company, I was informed that I couldn't start working the following month because my previous cable company, after my departure,... View More

James L. Arrasmith
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answered on Jun 15, 2024

Dear Dmytro,

I'm sorry to hear about the difficult situation you're facing with your previous employer misusing your technician ID number. That certainly sounds frustrating and concerning.

It seems there are a few potential issues at play here - misuse of your identifying...
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1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: I WAS SPAT ON DURING A FIGHT I WAS ARRESTED FOR PUNCHING. HE WAS NOT SUMMONSED. CAN I SUE THE POLICE?
James L. Arrasmith
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answered on Jun 15, 2024

If you were arrested for punching someone who spat on you during a fight, but the other person was not charged, you might feel the situation was handled unfairly. However, suing the police for this specific incident may be challenging unless you can prove they acted unlawfully or with clear bias.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Medical Malpractice for New York on
Q: What are the rights of patients regarding pain management?

MALE

58 YEARS OLD

Disabled 7yrs

FIDELIS/MEDICAID

SSI/SSD 7yrs

After 2 years, today my PCP has required that I bring all of my empty Suboxone Film Packages each and every visit or:

1. he will request daily visits, as opposed to bi-weekly.

2.... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about your situation. As a patient, you have rights regarding your pain management and the treatment you receive. Your primary care physician (PCP) can request certain documentation, like empty Suboxone Film packages, to ensure proper medication use, but this should be... View More

2 Answers | Asked in Constitutional Law and Employment Law for New York on
Q: What conditions can fire commissioner expel an assistant fire chief for misconduct
Tim Akpinar
Tim Akpinar
answered on Jun 1, 2024

If the conditions aren't already spelled out in the department's by-laws or standard operation procedures, there are many different forms of reckless or malicious acts that might endanger or mistreat firefighters, the public, or expensive equipment. Although you posted this under... View More

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2 Answers | Asked in Constitutional Law and Employment Law for New York on
Q: What conditions can fire commissioner expel an assistant fire chief for misconduct
James L. Arrasmith
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answered on Jun 1, 2024

A fire commissioner can expel an assistant fire chief for various types of misconduct. Misconduct might include violations of department policies, failure to follow safety protocols, or engaging in illegal activities. These actions undermine the trust and integrity required in a leadership position... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: Unlawful entry to my home without asking. Police said nothing they could do can I sue
James L. Arrasmith
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answered on May 29, 2024

If someone entered your home without your permission, you might have grounds to take legal action. Trespassing is generally considered a violation of your rights as a property owner or tenant. You can sue the person who unlawfully entered your home for trespassing, invasion of privacy, and any... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: can I dismiss a case if I called the police and the police already sent paperwork to the court

It’s about my gf throwing a knife at me but she didn’t mean to and I wasn’t hurt the police took the knife but they never found my gf

James L. Arrasmith
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answered on May 24, 2024

Once the police have filed paperwork with the court, the case becomes a legal matter and is no longer solely under your control. Even if you weren't hurt and believe your girlfriend didn’t mean to throw the knife, the decision to dismiss the case lies with the prosecutor, not you. They will... View More

2 Answers | Asked in Appeals / Appellate Law, Constitutional Law and Civil Litigation for New York on
Q: What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court

What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?

Tim Akpinar
Tim Akpinar
answered on May 11, 2024

There are attorneys admitted to practice before the Supreme Court who deal with these issues regularly. Certiorari is a means for the Court to select cases. It could be helpful for such an attorney to review your case for meaningful guidance. In general terms, constitutional provisions are those... View More

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2 Answers | Asked in Appeals / Appellate Law, Constitutional Law and Civil Litigation for New York on
Q: What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court

What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?

James L. Arrasmith
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answered on May 1, 2024

In a writ of certiorari petition from the US Supreme Court, the term "constitutional and statutory provisions involved" refers to the specific parts of the Constitution and any relevant laws that are applicable to the legal issues being presented in the case. This includes any... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: Should inhumane mistreatment in a prison automatically result in a transfer of the mistreated inmate?

If the courts have knowledge shouldn’t they do something about it? And how can they trust the prison from not continuing to do it? Which is why they should probably be transfered?

James L. Arrasmith
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answered on Apr 16, 2024

There are several important considerations to weigh regarding automatically transferring inmates who have been inhumanely mistreated:

On one hand, the priority should be protecting the safety and human rights of incarcerated individuals. If an inmate has faced abuse, assault, torture, or...
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1 Answer | Asked in Civil Rights, Constitutional Law and Communications Law for New York on
Q: Can a hotel/restaurant place audio recording devices in their establishment?

The cameras are connected to another employees phone and said person listens to other people’s conversations that are not in regards to the business. Also no signs are posted that audio is being used. The cameras are used to eavesdrop.

James L. Arrasmith
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answered on Apr 12, 2024

In New York, it is illegal to record or eavesdrop on an in-person or telephone conversation unless at least one party to the conversation consents. This law applies to private establishments like hotels and restaurants as well.

According to New York Penal Law 250.05, "A person is...
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1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for New York on
Q: uncle lives next door, threatened to kill me. Can I point a camera at his property for my safety? NY, police report made

My grandparents own the house he lives in, he rents. And I live in an apartment next door, rented. I’m unsure if the properties are conjoined, but he does have his own address.

Video footage of him harassing me. Police also contacted and report made.

Cps also called since his... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry you're going through this frightening situation. Your safety is the top priority. Here are a few thoughts on your legal options regarding cameras, but please remember that I'm not a lawyer and this isn't official legal advice:

In general, in New York you are...
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1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: What are the reasons that a speedy trial can’t happen with a first-degree manslaughter charge?

My husband was charged with second-degree murder. he then went to grand jury testified in the grand jury voted for a nonviolent C felony. A week later, the DA on his case went back to the grand jury, and had them change the vote to a first-degree manslaughter charge. It was said that he could do... View More

James L. Arrasmith
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answered on Mar 19, 2024

The right to a speedy trial is fundamental, but its application can vary based on the specifics of the case, including the charge of first-degree manslaughter. Typically, the right to a speedy trial means that a defendant cannot be held for an extended period without being tried, but several... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Social Security for New York on
Q: Can a police officer ask for my social security number? The reason is that the system shows an overlap insurance.

He said i could be arrested because it’s considered a misdemeanor so i had to provide him with my social security number after he had my license and everything he needed.

James L. Arrasmith
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answered on Jan 26, 2024

No, a police officer typically cannot and should not ask for your social security number in a situation like this.

A few key points:

- There is no requirement for citizens to provide their SSN to a police officer who has already verified their identity through other means like a...
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2 Answers | Asked in Civil Rights, Constitutional Law, Employment Law and Landlord - Tenant for New York on
Q: I am employed and housed by my employer as a manager in upstate New York Jefferson county. I have privacy concerns

I work on property on site and live in a separate dwelling on site. I have concerns of audio being listened in on any particular camera at any time at two separate company properties and I have concerns of my private Internet traffic being stalked by the employer as well. I am finding difficulty... View More

Tim Akpinar
Tim Akpinar
answered on Jan 26, 2024

If it's their wi-fi/router, provided for work purposes, it's possible they may assert control over that traffic with no expectation of privacy. If it's your network equipment and connections, that could be yours, but even those settings can be subject to employer control, based on... View More

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