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Constitutional Law Questions & Answers
1 Answer | Asked in Family Law, Civil Rights and Constitutional Law for Kentucky on
Q: If cps shows up and u refuse to let them in. Can they take your kids away because of it.

CPS came to my house cause someone called and said my kids were being neglected. I refused to let them in my home. So the next day they came to my moms house cause I wasnt home with a cop and took my kids. The only thing my papers say is that they were being removed because I did not allow them to... Read more »

Timothy Denison
Timothy Denison answered on Aug 28, 2021

You need to hire a lawyer and sue them immediately!!!

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Arkansas on
Q: is it legal for an officer to bring out k9 on my vehicle over a traffic violation and no warrant or probrital cause

they stopped me originally over a tag lights being out and immediately started wanting to search my vehicle for no reason wat so ever

W. Whitfield Hyman
W. Whitfield Hyman answered on Aug 27, 2021

They have to have reasonable suspicion to ruin the dog or they have to have another person running the dog while they continue writing you a traffic ticket

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Act 451 of 1976 Sec 1307b subset (H) Any Restraint the negatively impacts breathing. Can we opt out of mask wearing?

I'm concerned for my son wearing a mask 8 hours a day in school (the currently requirement) Can we opt out of mask wearing and be protected under this law?

Brent T. Geers
Brent T. Geers answered on Aug 26, 2021

No. That statute applies to school personnel and what can be done to students within the school. School officials have an obligation to follow applicable laws. The mask mandate comes from county health departments. School officials must follow those orders, and they would be acting under color of... Read more »

1 Answer | Asked in Personal Injury and Constitutional Law for Wisconsin on
Q: How much time do first degree reckless conduct regarding of life carry
Tim Akpinar
Tim Akpinar answered on Aug 24, 2021

A Wisconsin attorney could advise best, but your post remains open for four weeks. Personal injury attorneys are not likely to know this - you could repost under Criminal Law. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Government Contracts for New York on
Q: Workers compensation.

How do I take my workers compensation case to the Supreme Court? Workers compensation denied my financial benefit because I was force to quit my job due to my injury at work. I got ran over by a garbage truck while working and I had no support in the city I was living in so I had no choice but to... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 20, 2021

This sounds like a very thick and complex file, and one that could involve multiple attorneys - workers' comp, disability, and depending on the role of the truck, possibly third-party action(s). Based on the serious injuries you describe in terms of five screws, you may want to discuss this in... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for Washington on
Q: An inmate in the county jail Yakima Washington wants me to be his POA to negotiate a plea bargain for him

His assigned counsel refused to submit his written counterplea before the prosecutor's deadline to either accept his plea and sentence or he would add more charges to his cases. He will submit a limited POA notice to an attorney who will make me his legal POA for negotiating a better plea. I... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Aug 18, 2021

It is not smart to have a person talk with prosecutor's about a possible resolution to criminal offenses without being an attorney AND not the attorney that will trying the case if it is to go to trial. The person NEEDS to be an attorney first of all, I wasn't sure if this person with a... Read more »

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2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: I am wondering about 4th Amendment rights.

I was stopped for not having on my selt belt. The officer asked for my license which I gave him. He then went to his car and ran my license. It came back expired by one month. He asked if I knew about it I said no and he handed me back my license. He then when to another officer and was speaking to... Read more »

Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

Sounds like a standard fishing expedition and you need to get a lawyer to file a motion to suppress.

The cops are allowed to intercept folks if they have probable cause that a crime is occurring (seat belt) and then commonly use that as an entry point for additional investigation. It is...
Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Government Contracts for Georgia on
Q: The highschool won't allow my daughter in school

They kept her in room without lunch all day instead of going to class

Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

There should be some sort of written reason offered by the school. You need to schedule a meeting with the administration and get to the bottom of the disparate treatment.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Does being in a county jail, fighting a criminal charge, over ride being a civil commitment and stop annual evaluations?

A civil commitment requires mandated annual reports to be done by the DMH, does being in a county facility while fighting seperate criminal charges negate/postpone or stop these procedures?

Louis George Fazzi
Louis George Fazzi answered on Aug 17, 2021

I doubt seriously that being incarcerated relieves you of your other obligations to continue to report on your civil commitment. It obviously makes it more difficult to do the reporting from county jail, but no doubt you will have to report your current situation on your annual report.

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1 Answer | Asked in Landlord - Tenant, Criminal Law, Civil Litigation and Constitutional Law for Tennessee on
Q: Can my landlords brother enter my residence without notice after I told them not to enter via text cause I wasn’t there?

I have it in writing via text, I said do not enter my residence without me being present. Now I have a valuable coin collection missing along with several hundred dollars

Cayley Turrin
Cayley Turrin answered on Aug 16, 2021

I would call the police and report this.

2 Answers | Asked in Bankruptcy, Constitutional Law, Domestic Violence and Real Estate Law for California on
Q: Does Civil Code Section 1708.7, Right to terminate lease due to Domestic violence, apply to commercial leases as well?

A tenant claiming civil code 1708.7 sent a notification requesting to terminate the current lease due to domestic violence. However, this is a commercial lease and not a residential one. And the tenant still has an unpaid balance pending. Is the tenant able to break the lease and not have to pay... Read more »

Aaron Michael Lloyd
Aaron Michael Lloyd answered on Aug 16, 2021

You would want an attorney to review your commercial lease documents and the letter the tenant sent you. I would suggest to start with searching for a real estate lawyer who specializes in forming and reviewing commercial lease agreements. I hope this helps.

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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Discrimination for California on
Q: The City is destroying my business, do I have a case to sue them?

I want to sue the City of Los Angeles for having businesses require people to have the Vaccine. I will not get the vaccine due to religious & ethical beliefs as I am a Vegan. The vaccinated are spreading the virus through carelessness & unhygienic actions & now I am being punished for... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 12, 2021

I believe it will be impossible for you to find an attorney to work on this case on a contingency fee basis. Not only is the chance of success so low that it would be a terrible business decision to work on the case on a contingency, but there is likely not enough money involved to interest a... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Communications Law and Constitutional Law for Michigan on
Q: Is it always a federal crime to threaten someone online or through phone, even if the person or thing being threatened

is in the same state as the threatener? Is this because Congress has the power to regulate interstate commerce and make laws pertaining to the foregoing power and phones and the internet are considered to be interstate commerce?

Brent T. Geers
Brent T. Geers answered on Aug 10, 2021

Bingo! phone lines and internet connections are matters of interstate commerce. But it is not always charged as a federal crime; more often than not, it would be a state-level charge.

1 Answer | Asked in Constitutional Law, Federal Crimes and Small Claims for Oklahoma on
Q: So during covid and everyone one was supposed to stay in their home two weeks lockdown I was kicked out of mine for two

For two months I was kicked out by the judge when my roommate filed protection order which I later proved it all to be wrong and falsified to wear to judge turn around and put one on the roommate I had no clothes except for what was on my back that I was allowed to get nothing and at that time you... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 9, 2021

Wow, you really are going to need a good lawyer.

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Texas on
Q: What can be done about a city ordinance that is in violation of the state constitution and federal law?

If enforcement of ordinance would directly violate 1st Amendment

Tim Akpinar
Tim Akpinar answered on Aug 7, 2021

A Texas attorney could advise best, but your post remains open for two weeks. Ordinances could be challenged on constitutional grounds in the course of their development, while in committees or floor debates. Ordinances are also sometimes challenged in the course of actual cases that challenge... Read more »

Q: I need to find case law defending against 5503 a(1) (2) (3) (4). I have a couple days to find c.l. but I'm not sure...

...sure how to locate any. I was assaulted on my property by a cop for recording, he broke my property

and he refused to identify. My reaction was provoked. There was no intent on my part to be disorderly. Any help you can offer would be greatly appreciated.. thanks

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

you need to find an attorney. As you may have a possible civil case, contact the ACLU, ask to talk to someone who handles "police misconduct" cases, ask them for names of their "cooperating attorneys." Speak to one or more of those.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Louisiana on
Q: could a person be charged with possession of a firearm if someone says you have one but the police didnt recover one
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 31, 2021

The state will have a hard time making a felon in posession of a firearm case. if they have no firearm. Hire a criminal lawyer.

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I an getting calls from discover credit card they are threatening to sue me for non payment im on disability and c

Can't repay what they want what can I do

Peter N. Munsing
Peter N. Munsing answered on Jul 30, 2021

First, get a piece of paper or a notebook.

Whenever you talk to them write down the date and time. Get the name of the person you are speaking with. If they say they can't give their name, ask how they identify themselves. Explain that you don't know who you are speaking...
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1 Answer | Asked in Civil Rights and Constitutional Law on
Q: Does common law apply in Canada and is blacks law dictionary used in Canadian law?
William Jaksa
William Jaksa answered on Jul 30, 2021

Yup to both... we use Blacks Law... Judges use their discretion when applying principles gleaned from common law.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: I NEED HELP ON PROVIDING IMPORTANT INFO ON AN INMATE CURRENTLY IN JAIL, ARE THERE ANY SOURCES OR RECOMMENDATIONS
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 29, 2021

What kind of information are you trying to provide? The answer to that question will lead you to the people you should speak with. For example:

If you have information that might help the person with their court case, then you should try to contact their lawyer. When you look up jail...
Read more »

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