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Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Michigan on
Q: When is it necessary to certify a question to Michigan Supreme Court, when protected rights are infringed upon?

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for South Carolina on
Q: 9mnths n County Jail never given prelim hearing paperwork no indictment witnesses never questioned What do I do

After the Bell hearing I asked several times for paperwork I made two requests the first request they sent me only the public defender paperwork I requested the prelim paperwork again yet again I only got the public defender paperwork five or six days after my bond hearing I requested again the... View More

James L. Arrasmith
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answered on May 19, 2024

You need to take immediate action to address the issues with your case. Start by documenting everything that has happened, including all your requests for paperwork and any responses you've received. This will help establish a record of the lack of communication and mishandling of your case.... View More

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Nebraska on
Q: Can the county attorney office ignore me and destroy my weapons that were in a friend's safe that was raided? I want my
Julie Fowler
Julie Fowler
answered on May 23, 2024

It depends on why the County Attorney is denying the request. See Nebraska Revised Statute Section 29-820 for some examples of when the firearms are required to be destroyed under Nebraska law once no longer needed as a part of evidence in a criminal case. If such is the case, you don't have... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Nebraska on
Q: Can the county attorney office ignore me and destroy my weapons that were in a friend's safe that was raided? I want my
James L. Arrasmith
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answered on May 19, 2024

If your weapons were seized during a raid on your friend's safe, the county attorney's office has a responsibility to follow proper legal procedures. They cannot ignore you or destroy your property without due process. You have the right to be notified and to challenge the seizure.... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal? If "yes", what legal authority supports answer

plain language FRCP of 60(b)(2) reflects "trial" under FRCP 59 so I don't know how it could apply to 12(b)(6) dismissals.

James L. Arrasmith
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answered on May 19, 2024

Yes, Federal Rule of Civil Procedure 60(b)(2) can apply even if there was no trial, such as in cases of a 12(b)(6) dismissal. Rule 60(b)(2) allows for relief from a final judgment based on newly discovered evidence that could not have been previously discovered with reasonable diligence.... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: I recently discovered that my sentences are void. Upon remand for resentencing, can I receive more prison time? (GA)

Case law supports my claims, the Court of Appeals will remand for resentencing. 4 of my 5 sentences are void, will the appellate court vacate them all because they were part of the same judgment?

James L. Arrasmith
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answered on May 19, 2024

If your sentences are found to be void and the Court of Appeals remands for resentencing, it is possible that you could receive more prison time, but this depends on various factors. The appellate court typically vacates all sentences that are part of the same judgment if they are intertwined.... View More

1 Answer | Asked in Constitutional Law for Minnesota on
Q: If I voluntarily committed myself to a mental health facility, am I restricted from buying a firearm in MN?

Non court order, no 72 hour hold

James L. Arrasmith
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answered on May 19, 2024

If you voluntarily committed yourself to a mental health facility in Minnesota without a court order or a 72-hour hold, you generally are not automatically restricted from buying a firearm. The key factor is that your commitment was voluntary and not mandated by a court.

However, it's...
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3 Answers | Asked in Civil Litigation, Communications Law, Constitutional Law and Federal Crimes for Minnesota on
Q: Hello, I would like to go on the school intercom on the last day of school for my senior prank. Any legal consequences?

I was just wondering if there would be any legal problems regarding me going on the school intercom in front of the whole school for a senior prank. I would not say anything abusive, threatening, sexual, or anything that would be of illegal nature.

I live in Minnesota, and just clarifying... View More

Tim Akpinar
Tim Akpinar
answered on May 15, 2024

You probably don't want to do that. There are limits to freedom of speech, as provided by the First Amendment. Without knowing more, if the school is not amused, they could take disciplinary action that could jeopardize graduation. Even worse, if they deem the conduct to be criminal, they... View More

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3 Answers | Asked in Civil Litigation, Communications Law, Constitutional Law and Federal Crimes for Minnesota on
Q: Hello, I would like to go on the school intercom on the last day of school for my senior prank. Any legal consequences?

I was just wondering if there would be any legal problems regarding me going on the school intercom in front of the whole school for a senior prank. I would not say anything abusive, threatening, sexual, or anything that would be of illegal nature.

I live in Minnesota, and just clarifying... View More

James L. Arrasmith
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answered on Jun 2, 2024

While you might have the best intentions for your senior prank, there could be legal and disciplinary consequences to consider. Accessing the school intercom system without permission is likely against school policy and could be considered unauthorized use of school property. This can result in... View More

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2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Kentucky on
Q: where can i get info on Judges Surety Bond in Ky. so i can luquitdate them?
James L. Arrasmith
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answered on Jun 2, 2024

To get information on a judge's surety bond in Kentucky, you can start by contacting the Administrative Office of the Courts (AOC) for the state. They should have records and information on the bonds held by judges.

Additionally, you might find useful information through the Kentucky...
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3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Kentucky on
Q: I am a National American (Californian).. The DA and the State Trooper both used the oxy-moron "SOVERIN CITIZEN" in the

I was stopped at a not properly set up safety check point . i was told i had to have a D.L. I told him I was traveling not driving and what law did i break and his R A S .in turn He broke my window out ,Tased me 3 times, which in turn released my foot off my brake truck rolled they backed up so... View More

John Michael Frick
John Michael Frick
answered on May 15, 2024

Obviously, if you were operating a motor vehicle on a public road, you were legally obligated to produce a valid driver's license upon the request of a peace officer. If you were not driving the motor vehicle but were travelling as a passenger in the vehicle, the peace officer could validly... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Health Care Law for Colorado on
Q: I have been denied my right to see a M.D six different times and not helped with my reasons for going to the Emergency R

I was told by a PAC that a M.D and a PAC are the same. And forced to leave the Emergency Room in worse condition than when I walked in.

Tim Akpinar
Tim Akpinar
answered on May 13, 2024

A Colorado attorney could advise best, but your question remains open for two weeks. A starting point could be to contact the hospital's administrative offices and to explain your situation. Additionally, because of the patient load on MDs, hospitals do have their protocols for which health... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Health Care Law for Colorado on
Q: I have been denied my right to see a M.D six different times and not helped with my reasons for going to the Emergency R

I was told by a PAC that a M.D and a PAC are the same. And forced to leave the Emergency Room in worse condition than when I walked in.

James L. Arrasmith
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answered on Jun 2, 2024

You should document each instance where you were denied the right to see an M.D. and the specific reasons for your emergency room visits. Keep a detailed record of dates, times, names of the healthcare providers involved, and the nature of your complaints and treatments received. This documentation... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: if a cop asks the passenger for id and psngr states its in the back of the van in a black jacket and cops asks to grab

it for me and i say yes its in the back in a black jacket and he goes straight to the front seat and finds something illegal is that consider illegal searching?

James L. Arrasmith
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answered on May 12, 2024

Based on the information provided, it seems the police officer may have conducted an illegal search. Here are a few key points to consider:

1. Passengers in a vehicle are not required to provide identification unless the officer has a reasonable suspicion that the passenger has committed a...
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2 Answers | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Kentucky on
Q: If you read in the paper you was indicted but never served and the incident happened over 2 years prior to the indictmen

.

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answered on May 19, 2024

If you read in the paper that you were indicted but never served, and the incident occurred over two years ago, you should take immediate action. Begin by checking the accuracy of the indictment notice. Contact the court or legal authority mentioned to confirm if the indictment is valid and to... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Police raid my business causing major damage, cutting my cameras, taking $ from register ... Never arrested or charged

with anything. They left my store wide open. They gave 2 pages of a 33 page search warrant and gave no receipt for anything taken.

Can I recoup ANY of my damages or money and property they stole?

Louis George Fazzi
Louis George Fazzi
answered on May 9, 2024

I suggest you contact the lawyer of your own choosing, and without any delay. If I were you, I would focus on finding a criminal defense lawyer or a civil rights lawyer with experience handling unlawful search and seizure cases. Time is exceedingly important in cases of this nature, and you should... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Police raid my business causing major damage, cutting my cameras, taking $ from register ... Never arrested or charged

with anything. They left my store wide open. They gave 2 pages of a 33 page search warrant and gave no receipt for anything taken.

Can I recoup ANY of my damages or money and property they stole?

James L. Arrasmith
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answered on May 9, 2024

Under California law, you may have legal recourse to seek compensation for damages and losses resulting from an unlawful police raid. Here are a few potential options:

1. File a claim with the city or county: Submit a formal claim with the responsible government entity, detailing the...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: How to reclaim vehicle seizure even if it was signed over due to time limit and case was dismissed over a year later.

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

Brent T. Geers
Brent T. Geers
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

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: How to reclaim vehicle seizure even if it was signed over due to time limit and case was dismissed over a year later.

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

James L. Arrasmith
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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

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can i sue police dept after case was dismissed for rights violation or retrieve my seized vehicle

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

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