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Your current state is Ohio
For example, if the police asked small talk questions to me and I answer them and then they ask a crime related question like “Were you with [X person] tonight?”, can the fact I invoked after that specific question be used against me? Does this depend on wether I’m in a voluntary discussion... View More 
answered on Mar 7, 2025
Generally, the mere fact that you invoked Miranda rights after a specific question cannot be used against you in court as evidence of guilt.
The analysis definitely depends heavily on whether you were in custody when questioned. Miranda only applies during custodial interrogation, and... View More
I plan to protest at a Target store tomorrow morning on public property. I've attempted to notify local authorities but haven't received a response yet. I am aware of private property laws and expect to be the only participant. What are my rights and limits in this situation?
answered on Mar 5, 2025
If you are going alone, I would bring a video camera.
Your only concern is trespassing. If you protest in the form of "picketing" you can do so all you want. The key is to keep moving. As long as you keep moving, you can protest, carry signs, yell-out your grievances, and ask for... View More
I plan to protest at a Target store tomorrow morning on public property. I've attempted to notify local authorities but haven't received a response yet. I am aware of private property laws and expect to be the only participant. What are my rights and limits in this situation?
answered on Mar 6, 2025
Many cities require special permits to protest. "Attempting to notify local authorities" is not usually sufficient. Usually, you must complete a form and submit it in advance of the planned protest and receive the permit. With the appropriate permit, you can protest on a public... View More
I believe the City of Shamrock is using unlawful tactics to obtain my two properties through city liens. Initially, they trespassed on my properties to inspect building conditions. After confronting them about this illegal trespassing, they returned with an Administrative Search Warrant for one... View More
answered on Mar 4, 2025
You need to get a lawyer in between your property and the city.
In any event, you can always ask for an extension of time in all of the proceedings that involve your property.
Using a search warrant for two locations sounds illegal. If you have a copy, I would like to see it.... View More
I am concerned about my 14th Amendment rights after my daughter was taken by DEFACS in December 2023 while I was in the hospital and my separated husband was arrested for drug possession. Although I have no criminal record, I haven't had an adversary hearing. I have been compliant with... View More
answered on Mar 3, 2025
I would get another attorney before it's too late. Prior to your parental rights being terminated you should seek alternative counsel and ask for a continuance if necessary, so your new attorney can familiarize themselves with what is probably a lengthy case. If you do not have faith in your... View More
I would like to know if it's possible to sue the six Supreme Court justices who, in my view, have created a new law granting the president immunity. My concern is that nowhere in the Constitution is such immunity mentioned, and I believe that only Congress has the power to enact such a law,... View More
answered on Feb 27, 2025
Good question. I've been practicing law for 39 years and, like you, I'm very angry about the recent Supreme Court decision on Presidential immunity. However, the answer to your question is no. The Justices' decisions (by majority vote) on how to interpret the US Constitution and... View More
I was arrested and had my home searched under an arrest warrant that used my family's last name, which is different from my legal last name. My lawyer did not inform the court about this discrepancy and suggested I take a plea deal, which I accepted. Due to this, I received a shorter sentence,... View More
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answered on Feb 27, 2025
If you pled guilty it is almost impossible to set aside the conviction. Even if you did, you would have your indictment amended while you were in jail, then tried again for the charge. You can hire a lawyer to file a postconviction petition, but you will probably be deported before the... View More
I am considering recording a phone call with a company based in Washington State, of which I am one of the parties. The purpose of the recording is for documentation/evidence. Is it legal to record the call without obtaining permission from the company?
answered on Feb 25, 2025
Thank you for the interesting question.
Washington State is a "two party consent state," which actually means that every party to a phone conversation, meeting, etc, must consent in advance to being recorded.
People who violate this rule can be subjected to criminal... View More
Is it legal for law enforcement to send a confidential informant into someone's home to set up a drug transaction when children are present, especially when the children let the CI into the home, the parents did not consent to the CI's entry, and the resident of the home was unaware of... View More
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answered on Feb 21, 2025
If the confidential informant for the government admits on the stand that he participated in a drug deal, then he has admitted that he has committed a crime. Many times DAs ignore the crime here committed, but cross examination of LEOs can disclose a question why the defendant is charged but not... View More
I fell asleep in my vehicle on a public road, and during a welfare check, an officer immediately opened my car door without my consent and took my keys. He then observed a piece of cellophane from the outside, which did not contain anything, and put it back. While waiting for my information to be... View More
answered on Feb 21, 2025
A defense lawyer will need more facts, all available evidence and information, in order to make a determination about whether a good Fourth Amendment search & seizure issue exists. The only lawyer who will have access to that will be the lawyer representing you, or who will be. Given the... View More
I fell asleep in my vehicle on a public road, and during a welfare check, an officer immediately opened my car door without my consent and took my keys. He then observed a piece of cellophane from the outside, which did not contain anything, and put it back. While waiting for my information to be... View More
answered on Feb 21, 2025
You need an attorney who can review all the information, not just your recitation, about what occurred to advise you whether the search was valid or not. It is unclear from the question what you are charged with, buy you need an attorney on board if you are going to challenge that search that... View More
I'm concerned about how a recent Minnesota Supreme Court ruling, which stated that the interior of a car on public roads is public property, might affect my rights during a traffic stop. Specifically, I want to know if police officers can now search my vehicle without my consent.
answered on Feb 20, 2025
No, the decision yesterday does not open the floodgates to suspicionless motor vehicle searches. There are certainly circumstances where your car can be searched without consent, for example a search incident to arrest, but cops are not going to be able to search cars whenever they want and... View More
I'm concerned about how a recent Minnesota Supreme Court ruling, which stated that the interior of a car on public roads is public property, might affect my rights during a traffic stop. Specifically, I want to know if police officers can now search my vehicle without my consent.
answered on Feb 20, 2025
No. The recent Minnesota Supreme Court decision, State v. Bee, A23-1257 (Minnesota February 19, 2025). decided an issue of the interpretation of statutory language - the meaning of "public place" in the context of a criminal charge for carrying in a public place, where the "public... View More
I had a verbal confrontation with an employee at an establishment and was asked to leave, which I did. While returning to my car in the parking lot, police officers approached me, informing me that I was being trespassed from the property. I requested the badge numbers and names of all the... View More
answered on Feb 16, 2025
Would it be lawful for a police officer to arrest a person simply for requesting their badge number and identification in Minnesota? No, because a lawful arrest would require either an arrest warrant or sufficient "arrest probable cause" of criminal activity. A related question might be:... View More
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answered on Feb 12, 2025
Law enforcement officers have just as much right as any member of the public to knock on your front door, observe your house, and take photos from public areas. Search and seizure issues are extremely fact-specific. Whether there's a fourth amendment violation for an illegal search will depend... View More
Charges pending. I was illegally stopped. Threatened with taking my children when chose to stay silent. Refused miltiple request for a lawyer. Vehicle illegally searched and impounded,
answered on Feb 11, 2025
If you have been cited into court, then when you go in for your court date, ask for an attorney to be appointed for you if you cannot afford to retain the services of a lawyer on your own. That is the attorney who will become your lawyer. Prepare a chronological summary of everything that happened... View More
Officer and cannot “prosecute” an alleged violation as a juridical officer of the court as well. Is this not a violation of the constitutional separation of powers?
2. Why is the prosecutor statements and evidence being allowed as facts in the courts by their fellow bar member judges?... View More
answered on Feb 8, 2025
1) Actually, the clerk of court (an officer of the judicial branch) issues a summons at the request of a party to a case, or that party's attorney.
2) Attorneys request judges to admit evidence and thus consider it in making decisions. A judge and the attorneys practicing before such... View More
They searched the vehicle I a found with no weapons or warrants and 8 feel they illegally searched me after they found morning in the car but said the dog hit on narcotics but nothing in car and driver and I both out of car but they did a second search on me with out asking me
answered on Feb 4, 2025
Generally, a passenger of a vehicle in a traffic stop can be asked to get out of the vehicle for a reasonable amount of time that it would take to complete the stop. However, the passenger can not be searched unless the is probable cause of a crime or consent was given. Like any legal issue, there... View More
I wasn't even charged with a drug or alcohol related offense it was a misdemeanor I was told I would only have to check in once a month for a year
answered on Jan 28, 2025
I’m afraid we would need a tiny bit more information to give you an answer with any confidence. However, it sounds like you are not in an alternative court program like Drug Court. Sounds to me like you’re simply on a typical supervised probation. As a general rule when you’re on District... View More
answered on Jan 25, 2025
You generally are required to keep in contact with your PO. That roughly means that he or she should be able to communicate and hear back from you in a reasonable amount of time (think no more than 24-72 hours).
A judge will hold YOU accountable for this. If you choose not to have a phone,... View More
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