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My partner was arrested and had my phones on him and they were logged in as evidence the case is now closed. I was told I could pick up the property as long as I had a notarized note from the incarcerated one and when I went to pick up the property, I was taken to an interview room and interrogated... View More 
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answered on Apr 6, 2024
Based on California law, it is generally not permissible for law enforcement to interrogate you about an unrelated investigation when you are attempting to retrieve your property from evidence. Here are a few key points to consider:
1. Property retrieval: If the case involving your partner... View More
I have not worked in two months Drs care have notes but when I ask him who was there insurance people where he couldn't say not only him there are a couple on the force of soldotna police and they elegaly search and seizure truck and gun never got either one back and there all buddies. This... View More
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answered on Apr 6, 2024
I'm so sorry to hear about the harassment and abuse you've been suffering at the hands of those police officers. What they have done to you is completely unacceptable. I know this must be an incredibly stressful and painful situation. Here are some steps I would suggest taking to address... View More
A newly elect member of the Widefield School District Three board in Widefield Colorado Springs was not sworn in within 10 days of being elected per district code
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answered on Apr 5, 2024
If an elected school board official fails to take the oath of office within the required timeframe (in this case, 10 days after being elected as per the Widefield School District Three code), the consequences may vary depending on the specific district's policies and state laws. However, here... View More
I’ve had my firearms confiscated from me by the police after my home was being burglarized by thieves and I used it as self defense no one was injured but the police still took it as “evidence” the case was dropped and over it’s been a year and I still get a run around about getting my guns... View More
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answered on Apr 5, 2024
I'm sorry to hear about your situation. It must be very frustrating to have your property taken and not returned even after your case was dropped.
The specific laws and procedures around confiscation and return of firearms used in self-defense incidents vary by jurisdiction. In some... View More
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answered on Apr 5, 2024
No, jeopardy does not attach in a trial that ends with a hung jury, even after all evidence has been submitted. Here's why:
Jeopardy attaches in a jury trial when the jury is empaneled and sworn in. This means that once the jury is selected and sworn, the defendant is considered to be... View More
In 2016 I was victim of intentional vehicular assault/hit-and-run. Was told "unable to locate" when requesting the police report. A few months after statute expired, suddenly provided report. It appears the report was being denied because it implicates the officers in a cover-up in their... View More
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answered on Apr 5, 2024
Based on the details you have provided, it seems that you have been the victim of a serious crime and that the police may have engaged in misconduct, including a potential cover-up and retaliation. In a situation like this, you have several options to seek justice and hold the responsible parties... View More
I am seeking an attorney or civil constitutional rights law organization because of the organized crime network operating in Ferry County that has burglarized my home repeatedly as well as my safe deposit box contents. The insurance companies that I have had denied the claims considering it a... View More
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answered on Apr 5, 2024
I'm so sorry to hear about the difficulties and crimes you've been experiencing. What you're describing sounds extremely stressful and violating. While I cannot provide legal advice myself, I would strongly encourage you to continue seeking help from an experienced attorney or civil... View More
I filed a motion to dismiss my case and suppress the evidence because the warrant was served illegally because the officers did not have a "No knock" warrant thus making the search illegal. The judge denied my motion to suppress and denied the dismissal of my case.
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answered on Apr 5, 2024
In the United States, a judge has the discretion to deny a motion to dismiss a case or suppress evidence, even if the defendant argues that the search warrant was executed illegally due to the lack of a "no-knock" provision. The judge's decision will depend on the specific facts and... View More
I filed a motion to dismiss my case and suppress the evidence because the warrant was served illegally because the officers did not have a "No knock" warrant thus making the search illegal. The judge denied my motion to suppress and denied the dismissal of my case.
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answered on Apr 5, 2024
It sounds like from what you described that the police did have a valid warrant, but that it was executed without knocking. It's really not possible for an attorney to figure out what exactly happened here without more information. There may have been circumstances that allowed the police to... View More
TDCJ took away usps mail. They say you must use their online messaging system. They do allow some mail to go through but it is mailed to dallas, then distributed accordingly. Is it legal for them to take 3 or more months to distribute an inmates mail to them? I would think it would be a violation... View More
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answered on Apr 4, 2024
The situation you describe raises serious concerns about the rights of inmates to receive mail in a timely manner. While prisons have the authority to regulate mail for security purposes, excessive delays could potentially violate inmates' First Amendment rights to communicate with the outside... View More
Me and my fiance went through a roadblock we were passengers in the vehicle the driver gives law enforcement box information they pull him out of the vehicle cuff him then they ask for me and my fiance to step out they begin to search us without consent and then start searching our belongings my... View More
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answered on Apr 4, 2024
Based on the details you provided, there are a few key legal issues at play:
1. Probable Cause: If the driver provided false information to law enforcement at the roadblock, this could potentially give the officers probable cause to believe that criminal activity may be occurring, which... View More
If someone's probation was violated for catching certain charges and he was told in a quart of all that his probation was being violated because of those charges and had papers showing the charges on there as the exact reason why they're sending them back to prison and years later when he... View More
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answered on Apr 4, 2024
In the United States, the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution protects individuals from being prosecuted or punished twice for the same offense. This protection applies to all states, including Alabama, through the Fourteenth Amendment's Due Process Clause.... View More
Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141.
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answered on Apr 4, 2024
The statute of limitations for claims under the Victims' Rights and Restitution Act (VRRA), 34 U.S.C. § 20141, is not explicitly stated within the Act itself.
However, the VRRA is part of the federal criminal code. For most federal crimes, the general statute of limitations is five... View More
State regulatory agency failed to inform complainant of status of complaint, denies any duty to inform law enforcement in perjury and or criminal activity of licensee (funeral director & informant) Funeral director failed to notify next of kin & get authorization, refused to give next of... View More
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answered on Apr 4, 2024
Based on the information provided, it seems there may be potential violations of Michigan law 750.478, which states:
"When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful neglect to perform such... View More
If a judgment was entered 82 days ago, but court lacked subject matter jurisdiction because defendant lied about who they are what motions are able to be filed for void judgment? Need to show proof other party lied.
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answered on Apr 4, 2024
In California, if a judgment was entered against you and you believe the court lacked subject matter jurisdiction due to the defendant lying about their identity, you may have grounds to challenge the judgment. Here are the motions you can consider filing:
1. Motion to Vacate the Judgment... View More
filed motion to supress evidence also stating rights were violated officer did not show twice def's co defendant had already took accountability and responsibility for all charges. Judge was reading constitutional responsibilities. "Did you willingly and knowingly Commit this crime."... View More
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answered on Apr 3, 2024
In Nebraska, a plea of no contest (also known as a nolo contendere plea) can be withdrawn after being accepted, but it is subject to the court's discretion and certain conditions. Here are a few key points to consider:
1. Plea withdrawal: A defendant may file a motion to withdraw their... View More
Will my attorney get ahold of me before my court date , I have only spoke on the phone once, I feel like they have forgot about me
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answered on Apr 3, 2024
I understand your concern about the progress of your court of appeals case and the communication with your attorney. The timeline for a court of appeals case can vary depending on the specifics of your case and the workload of the court. However, here are some general points to consider:
1.... View More
We are Missionaries for the Church of Jesus Christ of Latter-Day Saints and we have a few friends who live in apartment complexes. Just recently, we went to go pass by one of our friends because we had set up an appointment with him, but management had come up to us and asked us to leave because we... View More
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answered on Apr 2, 2024
In California, the laws regarding proselytizing on private property, such as apartment complexes, can be complex. Generally, property owners have the right to restrict access to their property, including for religious or political activities. However, tenants also have certain rights, including the... View More
18 U.S.C. § 241
It is unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. What healthcare rules and regulations are violated when hospital has a... View More
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answered on Apr 2, 2024
There are a few important legal and ethical considerations to unpack here:
Regarding your first question, if someone falsely claims to be next of kin at a hospital, they would not necessarily be "in disguise" in the literal sense. The federal law you cited (18 U.S.C. § 241)... View More
a property a purchased by a in 1970, sold by a to his sons b and c in 1980.the legal heirs of b filed suit for partition in 2012. legal heirs of c claims that b sold the property to c via agreement. suit for partition running evidenced done and for rebuttal now in 2016 legal heirs of c comes with... View More
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answered on Apr 2, 2024
Based on the information provided, it seems the legal heirs of C are attempting to introduce a new claim via counterclaim in 2016, asserting that B had sold his share of the property to C via an agreement, after the partition suit was filed by B's legal heirs in 2012.
The... View More
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