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New York Constitutional Law Questions & Answers
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

James L. Arrasmith
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answered on Jan 21, 2024

It's understandable that you have privacy concerns given your unique situation of living and working on your employer's property in Jefferson County, New York. In the United States, employees do have certain rights when it comes to privacy in the workplace.

Firstly, you should be...
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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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1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for New York on
Q: When stopped for a traffic violation can police detain me for failing to provide any ID? Any case law re: same?

After being stopped for a traffic violation (stop sign) a officer requested identification which was refused to be given. Officer stated that the driver can be held in custody until he was properly identified so that a traffic ticket could be issued. Eventually ID was given and the driver was... View More

James L. Arrasmith
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answered on Jan 11, 2024

In New York, when a police officer stops a driver for a traffic violation, the officer has the authority to request identification. This is to ensure that the driver can be properly identified for the purpose of issuing a traffic ticket. Refusing to provide identification can lead to further legal... View More

Q: I was in a dv situation where I had to relocate and leave my home. Rochester housing authority didn’t recognize my dv

Section 8 refused to allow me to move and I had to return to Rochester and pay my landlord to let me move and keep my section 8. My landlord even attempted to sue me for late fees while I was staying with family hiding from my abuser. Also the fire investigation department and the RPD did nothing... View More

James L. Arrasmith
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answered on Dec 7, 2023

In situations involving domestic violence (DV) and housing, there are legal protections in place, but navigating them can be complex. Under federal law, the Violence Against Women Act (VAWA) offers certain protections for victims of DV living in federally assisted housing, which includes Section 8... View More

1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Gov & Administrative Law for New York on
Q: Once a settlement is reached in a NYSDHR case, how much time will the paying party have to make the payment?

Can the case be reopened and taken to trial if the paying party fails to make a payment or send over and documents regarding the settlement? It has been 6 months since company settled during NYSDHR pre trial settlement. Still have yet to receive any stipulations, statements, notifications on... View More

James L. Arrasmith
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answered on Nov 23, 2023

When a settlement is reached in a New York State Division of Human Rights (NYSDHR) case, the timeline for the payment by the paying party is usually outlined in the settlement agreement itself. This timeline can vary depending on the specifics of the agreement. If there's no specific timeline... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: How many retrials can a D.A. do in New York State?

My son’s 1st trial had 1 juror substituted during prosecution’s case. A 2nd juror needed to be substituted during deliberations,giving my son His 1st mistrial. Second mistrial happened when a juror had an “out of state family emergency” during deliberations and after the only alternate... View More

James L. Arrasmith
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answered on Nov 4, 2023

In New York State, there is no statutory limit to the number of retrials the District Attorney can initiate after mistrials if the court has not barred retrial due to a finding of prosecutorial misconduct or a violation of the defendant’s rights. Each mistrial resets the process, and the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for New York on
Q: is there a way to sue Lelita James for breaking the first amendment?

New York Attorney General Letitia James rescinded her letter to Rumble demanding social media platforms censor content related to the Israel-Hamas war that “may incite violence.”

The AG’s letter violated the First Amendment and a federal court order blocking enforcement of New... View More

James L. Arrasmith
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answered on Oct 26, 2023

The First Amendment protects the right to free speech against government interference. If a government official, such as an Attorney General, takes actions that infringe upon those rights, the affected parties may have grounds to bring a lawsuit claiming a violation of their First Amendment rights.... View More

2 Answers | Asked in Consumer Law, Communications Law and Constitutional Law for New York on
Q: My hair stylist uses a camera w/audio in his hair salon. There is no notice. Is this legal in NY? I expect privacy?

The owner of my hair salon in NY uses a ring doorbell type camera in his salon. He claims it has the ability to zoom and has audio. He does not mention this to you and there is no posted notice. He only brings it up when you have an issue with your hair. He said "I only use it for liars and... View More

James L. Arrasmith
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answered on Oct 26, 2023

In New York, it's generally legal to video record in public places where there's no reasonable expectation of privacy. However, the audio recording is more restrictive. Under New York Penal Law § 250.00, it's a "one-party consent" state, meaning at least one party in the... View More

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1 Answer | Asked in Consumer Law, Business Law and Constitutional Law for New York on
Q: NYC a clause to be exempt from taking my Personal Bill paying money, should i add the CPRL 1012 to the OTSC in NYC?

Can you help? My account seized, no prior notice. Being a herd ship case as per the CPRL’s predicate. Seems "would apply. Exemption states money be personal & 90% of all profit there be exempt. Was my constitutional rights destroyed by seizing$? The acct. were ONLY Non-Contracting... View More

James L. Arrasmith
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answered on Oct 18, 2023

From the information provided, it seems you are referring to New York's Civil Practice Law and Rules (CPLR), particularly sections related to exemptions from money judgments and possible orders to show cause (OTSC). If you believe that CPLR 1012 applies to your situation, you could consider... View More

1 Answer | Asked in Education Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: The censorship of books in libaries. Board of education V. Pico.

"The Supreme Court reaffirmed that the right to receive information is a fundamental right protected under the U.S. Constitution when it considered whether a local school board violated the Constitution by removing books from a school library. In that decision, the Supreme Court held that... View More

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answered on Oct 15, 2023

The right to receive information, as established in Board of Education v. Pico, is indeed a fundamental one. However, the interpretation and application of this right are complex.

While the Pico case set a precedent, it doesn't mean that all forms of censorship are automatically...
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2 Answers | Asked in Education Law and Constitutional Law for New York on
Q: Per NY constitution, are all children of the state granted a public education, free of conditions (ie, vaccines)?
Tim Akpinar
Tim Akpinar
answered on Oct 3, 2023

This is something that an education law attorney could advise best on, but you await a response for a week. Until you're able to consult with an attorney who is experienced in education law, it's true that state constitutions may provide certain inherent rights. But as a general rule,... View More

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2 Answers | Asked in Education Law and Constitutional Law for New York on
Q: Per NY constitution, are all children of the state granted a public education, free of conditions (ie, vaccines)?
James L. Arrasmith
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answered on Oct 15, 2023

The New York State Constitution does guarantee the right to a free public education for all children within the state. However, this right is subject to certain regulations and conditions established by state law. One such condition is the requirement for students to be immunized against certain... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for New York on
Q: Would taking a medication called Disulfiram disqualify you from having a pistol permit in NY?

No past or pending criminal convictions or charges.

James L. Arrasmith
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answered on Oct 15, 2023

In New York, the issuance of a pistol permit involves a consideration of whether the applicant has any disqualifying factors, such as certain criminal convictions or mental health commitments.

Simply taking a medication like Disulfiram, which is often used to support sobriety in people with...
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3 Answers | Asked in Constitutional Law and International Law for New York on
Q: If in a case, the Supreme Court announce that an int. treaty is inconsistent with the Constitution, what will happen?

I mean, what is the legal effect of such announcements? is it limited to the parties of that case? or the government have to terminate this treaty?

and do we have any example for such a case?

Sincerely

Young researcher

John Michael Frick
John Michael Frick
answered on Sep 5, 2023

It depends on the particular facts and circumstances and whether the treaty is self-executing or not.

In Medellin v Texas, the Supreme Court determined that a treaty between the United States and Mexico pertaining to Mexican nationals charged with crimes in the United States did not require...
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3 Answers | Asked in Constitutional Law and International Law for New York on
Q: If in a case, the Supreme Court announce that an int. treaty is inconsistent with the Constitution, what will happen?

I mean, what is the legal effect of such announcements? is it limited to the parties of that case? or the government have to terminate this treaty?

and do we have any example for such a case?

Sincerely

Young researcher

James L. Arrasmith
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answered on Sep 11, 2023

If the Supreme Court determines that an international treaty is inconsistent with the Constitution, the legal effect of such a pronouncement would generally mean that the provisions of the treaty in question cannot be applied in a manner that contravenes the Constitution. In such scenarios, the... View More

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Q: MarkTwain and Censorship. appeals?

I believe that, once upon a time, a publisher published the works of mark twain but censored what may have been offensive. The censorship won out in the end. (evil won in that case) but i wonder if that case was disputed further and appealed. does anyone know?

The Roald Dhal censorship was... View More

James L. Arrasmith
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answered on Aug 15, 2023

I'm familiar with historical cases of censorship, such as those involving Mark Twain's works, but whether a specific case was appealed and overturned would require a thorough review of the legal history and court records. Appeals and potential outcomes depend on various factors, including... View More

2 Answers | Asked in Constitutional Law and Immigration Law for New York on
Q: I am looking into changing my status from US citizen to American national and I have a few questions

Is it difficult

Will I be able to keep my social security disability

Can I keep my property

Will I have to comply with NYS canceled carry

James L. Arrasmith
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answered on Apr 12, 2023

It's important to clarify that as a US citizen, you are already considered an American national. However, if you are looking to relinquish your US citizenship and become a US national without citizenship, there are a few things to consider:

The process of relinquishing your US...
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1 Answer | Asked in Constitutional Law, Legal Malpractice and Family Law for New York on
Q: Which Law Codes specify about Roster List of Gaurdian Ad Litems be shown to public or not?

If it is kept secret from the public, is it so all over New York? Thank you.

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answered on Mar 19, 2023

Access to court records and proceedings is often subject to specific state laws and regulations. Some states may require disclosure of GALs' roster lists to the public, while others may not.

To find information specific to your location and circumstances, I suggest consulting a...
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