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Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for Kentucky on
Q: Can a person under 21 carry a loaded gun in their car in Kentucky?
Timothy Denison
Timothy Denison
answered on Aug 27, 2022

No. They must be at least 21.

2 Answers | Asked in Civil Rights, Constitutional Law, Election Law and Gov & Administrative Law for Florida on
Q: Does this mean governor Ron DeSantis committed voter intimidation by using felons who unknowingly voted illegally?

Just days before the primaries, governor DeSantis made sure not to clarify that these voters were felons who thought their rights were restored. I cannot see how this is NOT being considered voter intimidation. If you think that what this man has done was legal, please explain. I appreciate your... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 22, 2022

I looked online for what you are referencing, and I see a story regarding DeSantis announcing that the Fla. Dept. of Law Enforcement arrested 20 people who allegedly voted illegally because their voting rights were not restored, even though they were allowed to register. (See, for example,... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Land Use & Zoning for California on
Q: What type of attorney do I need? City code inforce, city appointed reciever took my home kept all equity? What type of l

I'm 68 retired us veteran city took my home using code inforcement. Then court appt reciever

Louis George Fazzi
Louis George Fazzi
answered on Aug 19, 2022

You should look for a lawyer with experience handling both elder abuse claims and civil rights cases. You might also contact the local ACLU office and ask for their help.

Do not delay because every moment counts.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: Do I have a civil case against the deputy or the county for violating my rights?

I was approached by a deputy while standing in a hotel parking lot and charged with obstruction for failure to ID, arrested and put in jail in Georgia.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

You do not have to provide ID unless you are driving a car or the officer has probable cause to suspect a crime was being committed. Thus, if the officer had probable cause to believe you were committing a crime, then any civil suit would fail. Further, suing police officers for conduct committed... Read more »

1 Answer | Asked in Consumer Law, Civil Rights and Constitutional Law for California on
Q: How do i get my truck that tow company says they don’t have anymore, back from tow company after lien sale was denied?

Truck was not required to be registered when it was impounded, per ca veh code

Louis George Fazzi
Louis George Fazzi
answered on Aug 17, 2022

You need a lawyer who can handle this for you. There are many great lawyers near you who are well qualified to help you with this case. Most of them will give you a free consultation.

Prepare a chronology of the events, name all witnesses, and copy all of your documents and take them with...
Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: What law or title in the civil rights act protects me against discrimination from the friend of the court office?

I was looking at title vi information but as far as I know that framework is mainly for programs that accept federal assistance not so much referring to the employees of government offices. I do believe my investigator discriminates on gender and race. I know most times people are just being bitter... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2022

You can file a grievance with that FOC office.

Remember, the evaluation is more or less an opinion, and you have the opportunity to object to that opinion and have a judge hear your case. You have the opportunity then to show the judge the FOC person got it wrong. Judge may or may not...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: My husband was pulled over refused a search so they took him to jail so they could search its been way over yr

Just now indited

Arthur Calderon
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Arthur Calderon
answered on Aug 14, 2022

Sounds to me like your husband is definitely going to need to speak with a lawyer about the facts and circumstances surrounding his charges, as well as the search.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: What constitutes possession of a firearm in Arizona?

My friend is a prohibited possessor. His wife put a handgun under their seat with the intention of taking it to the police department because she found it in a park where there were children playing. My friend was unaware of it's presence. He was stopped and the police officer charged him with... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Aug 14, 2022

A prohibited possessor charge in Arizona is actually called "Misconduct Involving a Weapon" and is a class 4 felony. This charge carries the potential for years in prison and depending on a person's prior criminal convictions, this charge could be a prison mandatory charge.... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for Oklahoma on
Q: If a man goes to jail whom is now an adult can his juvenile records be brought up and used against him in court?
Tracy Tiernan
Tracy Tiernan
answered on Aug 13, 2022

The Short answer is yes, there are circumstances where a previous juvenile conviction can be utilized in District Court when someone becomes an adult (gun possession charge after have been adjudicated a delinquent). There are also circumstances where you might have the State/ City/ Federal... Read more »

1 Answer | Asked in Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: Two Doctors at Stanford and UCSF mistreated me with overall neglect,HIPPA violation, Misdiagnoses, do I have a case?

Misdiagnosed with Alcohol liver disease Feb 2021, the damage was actually from a genetic condition (ARPKD found in March 2022). They wouldn't listen to me and took away genetic test June 2021 since the Dr. decided I was still drinking with no proof. I have to think if it wasn't taken away... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Aug 6, 2022

Medical malpractice cases are very tricky. You have to prove that a doctor failed to act as a reasonable and prudent doctor would have acted. It is important that you contact an experienced attorney to discuss pursuing your matter.

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: If the police tryna make me testify for a jury trial In I don’t want to what can I do

I dont wanna be label a snitch I don’t wanna go to court

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 6, 2022

1st - If your testimony may incriminate you, you have a right to plead the 5th Amendment.

2nd - Living in a society that values trials rather than summary convictions and executions puts a shared responsibility upon citizens to participate in this process. If you have relevant information...
Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Can a Mexican hire a USA lawyer to file a civil judgment against a United States citizen in the usa
Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 6, 2022

Sure. The suit would have to be filed in a US court having both subject matter jurisdiction and jurisdiction over the defendant. Additionally, the suit should be filed in the proper venue.

The response above is a general statement of law and is NOT intended to be legal advice to you nor...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Legal Malpractice for Texas on
Q: Does Habeas relief extend to Texas' provision to pet. for order of non-disclosure of Crim Hist. (Tx Govt 411.081)

following discharge from community superv./deferred adj. (Tx Govt code Art. 42A.106b) (assuming Strickland is met and 11.073 collateral consequences are sufficient enough to meet 'confinement' standard) addtl background: i was denied an order for non-disclosure under (411.081) because i... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 5, 2022

I have not seen any caselaw that will allow what you are seeking. Once you are not "actually confined" it is almost impossible to get habeas relief. You could litigate and appeal the issue but I do not see you being successful without a showing of signifigant or real confinment or other... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: Revocation Hearing, Board said inmate WAVED to reinstate . Inmate told waving right to an atorney. Another hearing?

Inmate NEEDS supervision reinstated. It would have been granted but Board said Inmate WAVED- Inmate did not intentionally WAVE- He was misinformed when signed paper. What can inmate do now to get RELEASED?

Steven Scharboneau
Steven Scharboneau
answered on Aug 4, 2022

Thank you for your question, but I'd need to clarify some of the finer points to give a more accurate answer. First, was this a revocation hearing to revoke probation? If so, what type of probation? Also, I'm interested to know more about the board that said that rights were waived and... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Florida on
Q: The defendant in my civil case admitted to a federal crime under oath during testimony. What can I do about that?

I filed a civil suit and during the trial after everyone was sworn in the defendant not only admitted to a federal crime but provided proof that he had possession of the counterfeit document, knowing it was a counterfeit document and submitted a photo copy of that document as evidence.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2022

Mere possession of a counterfeit document is not necessarily a crime.

It's not really up to the judge to do anything. You could, if you want, report it to the federal authorities, and see if they want to prosecute.

1 Answer | Asked in Constitutional Law for Kentucky on
Q: If someone steals a lot in a private cemetery and buries a body, do they have a right to bury the spouse next to them?

I bought 80 acres in 1981 to build a home at a later date. It also has an old family cemetery on it. There is no mention of a cemetery in the Deed. It's just located in the wooded area in the field.

Timothy Denison
Timothy Denison
answered on Aug 2, 2022

No. No more than they had the right to steal the lot and bury the first one.

1 Answer | Asked in Criminal Law, Constitutional Law, Elder Law and Health Care Law for Michigan on
Q: Why would ascension Borgess Kalamazoo put a sign outside my mom's room 357 saying DO NOT INCLUDE ME IN REPORT???

After taking a snapshot of this sign six plainclothes security one uniformed approached ordered me into the hall asked why I'm taking, I replied because this is my Mom and I love her. They took my id and would not return it until I agreed to leave, I had done nothing but take this picture. If... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2022

A number of reasons, all of which depend on facts you are not disclosing in your question. Could be as simple as they are acting on instructions from the proper patient advocate - perhaps your mom's spouse or one of your siblings. Maybe there is an adult protective services investigation or... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Kentucky on
Q: do I havex a case here? Defamation, nonviolent threats/ inxtimidation, illegal search of house/shed, and discrimination?

violation of 4th amendment in Kentucky, no reasonable suspicion no warrant and no probable cause, all recorded on home security, and no evidence was found. search was ordered to former chief of police by local City Manager, who for 3 years openly has made his hatred for myself clear verbally, by... Read more »

Timothy Denison
Timothy Denison
answered on Jul 28, 2022

You need to consult an employment discrimination lawyer and flush out all the facts involved. This is far too complex factually to properly answer here.

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Identity Theft for Kentucky on
Q: If all identifying victim information was given to the perpetrator in his discovery, who is responsible for that?

A copy of KYIBRS report was given to the accused while he was incarcerated at W.C.R.J. with all identifying information of each victim including ssn, driver's license #, d.o.b., address, and identifying descriptions. Who do I need to contact about this violation?

Timothy Denison
Timothy Denison
answered on Jul 27, 2022

Contact The Commonwealth Attorney who is prosecuting the accused.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Indiana on
Q: In indiana how do I get a waiver to reinstate my driver's license

My license was suspended 2 years ago due to a criminal charge and lack of financial responsibility I've been pulled over and now here recently literally just in the parking lot almost of my employment and ticketed for driving law suspended the problem is I am so far in debt due to this covid... Read more »

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jul 26, 2022

Go to IN.gov and look up the BMV. There should be sample forms for waiver available.

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