Get free answers to your Constitutional Law legal questions from lawyers in your area.
Is the act of opening the front door considered an invitation to come inside? Once inside, would they have to show a search warrant apon request? Furthermore, would they have to give they're names and badge numbers apon request. Would they be required to wear vest cams while executing a bench... View More 
answered on Nov 14, 2024
In Ohio, opening your door to police officers does not automatically grant them permission to enter your home without a warrant. The Fourth Amendment protects against unreasonable searches and seizures, and entry into a residence typically requires a warrant or the resident's explicit consent.... View More
Because of a recording error. The balif said "this will help you in the long run" So the judge repeated the sentance again. Double jepordy?
answered on Nov 14, 2024
The situation you described does not appear to raise a double jeopardy issue. Double jeopardy, protected under the Fifth Amendment, prevents an individual from being prosecuted or punished twice for the same offense after a final judgment. However, your scenario likely involves a procedural error... View More
I lost custody of my son but still maintain my parental rights. Custody was granted to his grandma but she has lost custody of him twice. The first time she tried to kill herself, followed the case plan and got him back and then accidentally recorded a message on the Casas voicemail telling my son... View More
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answered on Jul 21, 2024
You can start by gathering all evidence that demonstrates your efforts to maintain contact and the barriers you've faced, including the recorded voicemail and any documentation of missed visitations due to the grandma's interference. Present this evidence clearly to the court and insist... View More
Was arrested July 4th 5:00 p.m. supposed domestic violence held until Monday 3:00 p.m. when I was told no charges were ever filed
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answered on Jul 21, 2024
It sounds like you experienced a troubling situation. Being arrested on July 4th for supposed domestic violence and then held until Monday without any charges being filed raises serious questions. Generally, if no charges are filed, holding you for that long could potentially be considered false... View More
I was reported to the police department that I had pointed at gun at a citizen that was not true. I was approached by several officers with their guns drawn. It was discovered that I had never had a gun and that those that reported that I did reported it because of my race. The officers then... View More
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answered on Jun 29, 2024
I understand this is a serious and sensitive situation. To file a civil suit against a police department and those who made a false report, you should consider the following steps:
1. Document everything: Gather all evidence, including the body cam footage, arrest records, dismissal... View More
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answered on Jun 15, 2024
In the United States, firearm laws vary significantly by state, so it's crucial to know the specific laws in your state regarding open carry and transportation of firearms. Generally, federal law allows individuals 18 years and older to possess a handgun, but states have their own regulations... View More
Memory , sensory, brain damage (epilepsy). Mentally retarded,hearing loss,barely can read depression adhd emotionally neglected, forced to go gf stabbed him,, he only. Knew to take a tv not arson or anyone was there. On video but not used. And a lawyer I’ve called dozens of times and yet he is... View More
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answered on Jun 10, 2024
It sounds like your son is in a very difficult situation, and it's understandable that you are concerned about how his case has been handled. First, you should contact another attorney immediately to discuss your concerns about his current legal representation. This new attorney can review the... View More
A warrant at anytime to the residents they raided?
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answered on May 19, 2024
Police or marshals cannot legally raid all known associates of a person they are looking for without showing a warrant. The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures, requiring law enforcement to have a warrant issued by a judge based on probable... View More
Long story short: In October, I was arrested for what was claimed as DUS and stolen vehicle. The car never even moved. Charges were dropped, and I was let out. Few weeks later, amended to "Possessing Vehicle for Over 48 Hours" and RSP for license plate, and four DUS charges. It was a... View More
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answered on May 1, 2024
It sounds like you're dealing with a highly stressful and complicated situation. Given the complexity of the charges and the sequence of events, including the inconsistencies in the police reports and the impact on your possessions, your first step should be to consult with a lawyer who has... View More
Wondering if this is legal or not
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answered on Mar 20, 2024
If your coworker took your phone from your hands and then slammed it down, preventing you from retrieving it, this behavior could potentially be considered illegal. It may fall under various legal categories such as theft, property damage, or even assault, depending on the severity of the action... View More
I finally found my case information today and I knew I was right. Now they changed my probation officer. At the original meeting at probation in Lawrenceburg IN I was given a paper with all info according to my conditions. On the paper it even says that my probation isn't due to end until... View More
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answered on Mar 9, 2024
Based on the information you've provided, it does seem like there is a discrepancy between the probation end date given to you by your probation officer and the end date that would be calculated based on your 870-day sentence. If you have indeed been kept on probation longer than your original... View More
Each resident has ownership only over the interior of their unit. Each unit has a rear patio deemed a "limited common element", the use of which is reserved to that owner. All other property is considered a "common element." Each unit also has two reserved parking spaces, though... View More
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answered on Mar 1, 2024
Residents within an HOA with "common" and "limited common" elements typically have certain trespass and Fourth Amendment rights. The rear patio designated as a "limited common element" would likely be considered part of the curtilage, affording residents Fourth... View More
A staff interrogated my son when I decided to remove him from the program. They asked him if my husband and I were alcoholics and if we used illegal drugs. She made a false statement and later on proceeded to call the sheriff’s department for a well check because apparently my son was being... View More
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answered on Feb 24, 2024
Yes, you may have grounds to sue the after-school program for making a false report to CPS and causing undue stress and harm to your family. The staff's interrogation of your son and subsequent false report to authorities constitute potentially defamatory actions and may be considered as... View More
I purchased a building lot in a new subdivision in the City of Akron (Ohio). After the contractor dug the basement, we discovered the soil was not suitable to support the foundation. The remedy is to dig an additional 7 feet below the footer and fill the area with a mix of grave and concrete which... View More
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answered on Jan 22, 2024
In your situation, the key factor is the clause in the contract regarding soil testing. Since the seller included a disclaimer about not making any representations about the soil's suitability and offered to make soil testing reports available upon request, this suggests they fulfilled their... View More
I purchased a building lot in a new subdivision in the City of Akron (Ohio). After the contractor dug the basement, we discovered the soil was not suitable to support the foundation. The remedy is to dig an additional 7 feet below the footer and fill the area with a mix of grave and concrete which... View More
answered on Jan 22, 2024
You would have to sue the developer asking the court for damages or to rescind the contract to get your money back. If you file a lawsuit, the developer might negotiate a settlement to avoid the cost of litigation or possible bad publicity.
Use the Find a Lawyer tab to retain a local... View More
I was told by the shelter that they were not allowed to give out my information or tell anybody that I am resigning there they cannot give out information about me. Not even that I am staying there so can a probation officer call the shelter and ask if I am there or is he allowed to just show up he... View More
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answered on Jan 21, 2024
In Ohio, as in other states, individuals generally have a right to privacy, including when staying in a homeless shelter. Shelters often have policies to protect the confidentiality of their residents, which means they typically won't disclose whether someone is staying there without their... View More
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answered on Jan 16, 2024
In Ohio, the legal age for purchasing a handgun from a federally licensed firearms dealer is 21. However, there is an exception for the private transfer of firearms. If you are gifted a pistol by someone, you can legally possess and use it, even if you are 18 years old. This means you can keep the... View More
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answered on Jan 16, 2024
In the United States, the laws regarding the possession and carrying of a pistol vary by state. At 18, federal law allows you to possess a handgun, but there are restrictions on purchasing one from a licensed dealer until you are 21. However, being gifted a pistol is different from purchasing one,... View More
ORC 124.45 States that a promotion exam is valid for two years. Local civil service states that the test is good for one year and the bargaining unit contract states that Civil Service supersedes ORC 124.45-124.48
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answered on Jan 10, 2024
In situations where there is a conflict between state law and local civil service rules, the supremacy of one over the other can depend on the specific context and legal framework of the state. Ohio Revised Code (ORC) 124.45 sets the validity of a promotion exam at two years, while your local civil... View More
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answered on Jan 10, 2024
In Ohio, unchartered cities generally have the authority to establish their own civil service rules, including those for firefighter promotions and hiring. However, these rules must align with the Ohio Revised Code (ORC). The ORC sets statewide standards and regulations, and local policies cannot... View More
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