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Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law on
Q: Why do all attorneys have to fill out a Notice of Appearance in order to represent a client? Doesn’t having to fill this

out, make all attorneys foreign agents to the court system?

James L. Arrasmith
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answered on Jul 21, 2024

Attorneys fill out a Notice of Appearance to formally inform the court and other parties that they are representing a client in a legal matter. This notice ensures that all communications and legal documents are directed to the attorney, maintaining proper protocol and avoiding any confusion. It... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: CAN I SUE TEXAS FOR VIOLATIONG MY DUE RIGHT'S PROCESS TAKING ME TO TRAIL AND REFUSING ME A LAWYER?

THE SAME TRAIL I WAS BEAT BY THE OFFICER IN HANDCUFFS. I'M A SPEACAIL NEEDS NIGERIAN COLLEGE TRANSFER STUDENT WITH NO VIOLANT HISTORY.

James L. Arrasmith
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answered on Jul 21, 2024

Yes, you may have grounds to sue Texas for violating your due process rights. Being denied a lawyer and experiencing police brutality, especially as a special needs individual, are serious issues. Under the Sixth Amendment, you have the right to legal representation, and the Fourteenth Amendment... View More

2 Answers | Asked in Contracts, Antitrust, Civil Rights and Constitutional Law for Alabama on
Q: Can a Volunteer Fire department demand you quit a EMS Volunteer squad set up in the same town/building ?

New Fire cheif started undermining EMR Volunteer prior to changing Bylaws of the Firefighter Volunteer department. Now claims it's a conflict of interest for members to be apart of EMS Volunteer and Firefighting. Dispite prior to Bylaw change this was common and he was on both sides with low... View More

James L. Arrasmith
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answered on Jul 20, 2024

In your situation, it sounds like the new fire chief is attempting to impose new rules that weren't previously in place. The requirement for you to quit the EMS volunteer squad due to a claimed conflict of interest seems unreasonable, especially since both groups were functioning well together... View More

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2 Answers | Asked in Contracts, Antitrust, Civil Rights and Constitutional Law for Alabama on
Q: Can a Volunteer Fire department demand you quit a EMS Volunteer squad set up in the same town/building ?

New Fire cheif started undermining EMR Volunteer prior to changing Bylaws of the Firefighter Volunteer department. Now claims it's a conflict of interest for members to be apart of EMS Volunteer and Firefighting. Dispite prior to Bylaw change this was common and he was on both sides with low... View More

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2024

One option could be to discuss the new demand with members of both organizations to determine how the new policy could affect the interests of the community. In terms of assessing potential conflicts, that could sometimes be a complex analysis - an attorney might be able to offer guidance there.... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Massachusetts on
Q: Can someone refer some lawyers in Massachusetts to help me file lawsuits against someone for civil rights violations?

I had stayed at home to raise three talented and good children as the primary caregiver for almost 13 years. Last year the father worked with a lawyer behind my back for almost a year, and together they provided false information and lies to the family court judge to obtain a temporary order on... View More

James L. Arrasmith
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answered on Jul 20, 2024

I'm sorry to hear about the distressing situation you've experienced. It sounds incredibly challenging, and it's important to find the right legal support to address these serious concerns. In Massachusetts, there are attorneys who focus on civil rights and family law who can help... View More

1 Answer | Asked in Constitutional Law and Traffic Tickets for South Carolina on
Q: In ga can the police search my car on private property parked and for a traffic violation

At a store while parked the officer pulls behind the vehicle and turns on the blues and said that the plates was blocked and proceeded to question and search the vehicle after being told it was not wanted

James L. Arrasmith
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answered on Jul 20, 2024

In Georgia, the police typically need a warrant to search your car, but there are exceptions. If an officer has probable cause to believe that your car contains evidence of a crime, they can search it without a warrant. Probable cause might arise from seeing illegal items in plain view or smelling... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Nebraska on
Q: Is it legal for a Lincoln city police officer to do a u turn and get behind your vehicle. Outside his jurisdiction

And city limits. In a totally different county and follow my vehicle 15 miles. Then sit in a parking lot across from the gas station you stopped at the get gas. With all there lights off ( which I have a picture of) and watch me pump gas

James L. Arrasmith
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answered on Jul 20, 2024

It's understandable to feel concerned in such a situation. Generally, police officers have jurisdiction within their own city or county, but there are circumstances where they might follow a vehicle outside their jurisdiction. This could be due to a mutual aid agreement or if they are in... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Do I need to provide video evidence to the police after I file a complaint against them?

The police are investigating our complaint of negligence, assault & battery, and trespass. A lawsuit has not been filed yet. They have asked if video evidence exists. Do I need to provide now or wait for the lawsuit and provide as part of discovery?

James L. Arrasmith
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answered on Jul 20, 2024

You are not obligated to provide video evidence to the police immediately upon filing your complaint. You have the right to withhold evidence until a lawsuit is formally filed and the discovery process begins. This allows you to present your evidence in a controlled legal environment.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: What can be done about KFC employees making a false report to the police

KFC employees called police after we went thru the drive through and told police there was a gun in my car being pointed to the backseat at my son and granddaughter by me. We went thru paid for our food, stopped and parked as there was missing fries. My spouse went inside got the fries and sauce... View More

James L. Arrasmith
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answered on Jul 20, 2024

I understand how upsetting and confusing this situation must be for you. It's important to address the anxiety you're feeling and to take steps to protect yourself legally. The first thing you should do is document everything that happened, including any receipts, witness statements, and... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Missouri on
Q: If someone has been publicly harrassed, stalked, been kept @ home using threats. Much more. The police will not help.

I've been harassed by women using megaphones to insult me on my street, breaking into my house while I'm gone or asleep. There's been theft, vandalism, identity theft, assault, harrassement, utility theft, and someone has put some kind of two way audio setup so that they can talk to... View More

James L. Arrasmith
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answered on Jul 20, 2024

Dealing with harassment and lack of police support can be incredibly frustrating and frightening. In your situation, gathering as much evidence as possible is crucial. Document every incident in detail, including dates, times, and descriptions of the events. Photographs, videos, and audio... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for Florida on
Q: If my PD made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC do I have case

The Senior Public Defender of Lehigh County PA made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC. My charges were supposed to be concurrent not consecutive. Was supposed to be out 08/27/18 not 01 09 19. I have a letter from my PD stating that she made... View More

James L. Arrasmith
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answered on Jul 20, 2024

You may have grounds for a legal malpractice claim against your Public Defender if their error resulted in you serving an additional six months in prison. The key aspect is proving that the mistake was due to negligence and directly caused the additional time served. Having a letter from your... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Kentucky on
Q: How can I estimate damages awards in my 42 U.S.C 1983 civil rights and personal injury case.

My federal civil rights case is in discovery phase of pretrial and I need to present an average estimate for damages awards for both physical and emotional injuries.

James L. Arrasmith
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answered on Jul 20, 2024

Estimating damages in a 42 U.S.C. § 1983 civil rights and personal injury case involves several factors. You need to consider both the economic and non-economic impacts of your injuries. Economic damages might include medical expenses, lost wages, and any other financial losses directly related to... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for California on
Q: What kind of attorney do you recommend for my situation. What is the best action to take to proceed

In 2007 my husband and my sister-in-law had an affair. Heard what I was told by a mutual friend they would speak about him getting rid of me and her getting rid of my brother, and running off together and with all my family's money. There has been numerous people involved a lot of harassment... View More

James L. Arrasmith
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answered on Jul 20, 2024

Given the complexity and severity of your situation, it’s essential to seek legal help immediately. For the issues involving potential crimes, harassment, and threats to your safety, contacting a criminal defense attorney with experience in personal injury and civil rights cases would be a... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Gov & Administrative Law for California on
Q: I'm currently 'Blacklisted, by Federal Economic sanctions by an Executive from the Administration years 2000-present.

My Civil Rights infringed daily IN PUBLIC. I'm not working and am homeless getting discriminated from businesses of all types. I receive social Security monthly, on, or before the 3rd of every month. I've had Domestic Surveillance interfering with most of my calls from the payphone. I... View More

James L. Arrasmith
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answered on Jul 20, 2024

I'm sorry to hear about the challenges you're facing. It sounds like you're dealing with a complex situation involving multiple areas of law, including civil rights, constitutional law, and discrimination.

Given the seriousness of your claims, it's essential to get...
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2 Answers | Asked in Constitutional Law for Tennessee on
Q: Can police pull you over just to check papers? Insurance/licenses.
James L. Arrasmith
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answered on Jul 21, 2024

Police officers can stop you for various reasons, but they usually need a valid reason to do so, such as a traffic violation or suspicious behavior. They cannot pull you over solely to check your papers, like insurance or licenses, without any other cause. This practice is generally considered an... View More

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2 Answers | Asked in Constitutional Law for Tennessee on
Q: Can police pull you over just to check papers? Insurance/licenses.
Anthony M. Avery
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answered on Jul 12, 2024

Not for that exactly... But with plate readers that tell them a TNDL is suspended or car stolen, stops occur. Not having a seatbelt on is a reason for a stop. Only THP can stop to check DL alone. Any type of plate violation is also a reason for stop.

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: I'm listed as 5'10 and 260lbs,reality is I'm over 6'4 about 190. Also my middle is incorrect. Can case be dismissed?
John Michael Frick
John Michael Frick
answered on Jul 8, 2024

If the identity of the individual who committed the crime is in dispute, the discrepancy in the physical description could be powerful evidence in securing an acquittal. But, standing alone, that is not strong enough to secure a pretrial dismissal in the absence of other evidence that they... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: I'm listed as 5'10 and 260lbs,reality is I'm over 6'4 about 190. Also my middle is incorrect. Can case be dismissed?
James L. Arrasmith
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answered on Jul 21, 2024

It's possible to have your case dismissed due to errors in personal information, but it typically depends on the nature of the case and the specific errors involved. Incorrect details like height, weight, and middle name might not be sufficient grounds on their own. However, they can be... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New York on
Q: Can I be arrested by local cops if an altercation happened on Indian owned land?

Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2024

My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.

The ability of local police to arrest someone for an alleged crime like assault that occurred on Native...
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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New York on
Q: Can I be arrested by local cops if an altercation happened on Indian owned land?

Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More

James L. Arrasmith
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answered on Jul 21, 2024

Yes, you can be arrested by local law enforcement even if an altercation happens on Native American owned land. Tribal land has a unique legal status, and the jurisdiction can be complex, involving tribal, federal, and sometimes state laws. However, local law enforcement often has agreements with... View More

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