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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: If I have 14 year old felonies in Florida… can I own a black powder pistol for home security and defense?

I would also like to get my rights back to bear arms… in Florida… how successful is it with a specialized attorney in actually getting your gun rights back… with no violence and no gun charges in my history…?

James L. Arrasmith
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answered on Jun 29, 2024

In Florida, felons are prohibited from possessing firearms, including black powder pistols, regardless of how old the convictions are. This includes firearms defined under federal law, and black powder pistols fall into this category. So, you cannot legally own a black powder pistol for home... View More

Q: Should I participate in a competency to proceed evaluation with a psychiatrist that is not licensed in my state?

I have waited 113 days for an evaluation to take place and finally a doctor called me to do a video conference to complete the evaluation. I have found that she is a licensed psychiatrist but is not licensed in this state only in two other states does this seem like a legitimate situation? I... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex situation that raises several important legal and procedural concerns. Here's an analysis of the key points:

1. Competency evaluation timing: The 113-day wait for your evaluation is significant. Many jurisdictions have specific timeframes for competency evaluations,...
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1 Answer | Asked in Civil Litigation and Criminal Law for Arizona on
Q: Our company had a vehicle stolen from our property. The people were arrested and that property was recovered by police

Are crane unit that was on our record truck? Let's put on another truck about the people arrested. The tow company does not want to allow us to take the crane off And charges a three thousand dollar impound fee. The property was stolen. It was recovered during a raid, and the people are... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're dealing with a complex situation involving stolen property, recovery, and impound fees. Let me break down the key points and offer some suggestions:

1. Property status:

- Your company's vehicle was stolen.

- The vehicle had a crane unit...
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1 Answer | Asked in Civil Rights, Criminal Law, Libel & Slander and Consumer Law for Alabama on
Q: Can I take any legal action for Wal-Mart not abiding by their refund policy and also falsely accusing me of shoplifting

I was taking items back at Walmart and their refund policy states that you will get your refund in the matter in which you paid. Well, my receipt shows where I paid $160 cash and $60 on my debit card. I went to take some items back to Walmart and they only offered me a gift card so I called... View More

James L. Arrasmith
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answered on Jun 29, 2024

Based on the situation you've described, there are a few potential legal issues to consider:

1. Refund policy violation:

If Walmart has a clearly stated refund policy that they're not following, this could potentially be grounds for a complaint. However, many stores have...
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1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: So if you go back to face charges & get probation in SC what I have to move back from Georgia

The original preliminary date was missed due to being involuntarily committed by the state of South Carolina due to a suicide attempt lawyer recused herself and now facing failure to appear but lawyer had told me I had gotten a plea agreement beforehand but never told me what it consisted of and... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're dealing with a complex legal situation involving charges in South Carolina while currently residing in Georgia. This is a sensitive matter that requires careful consideration.

1. Probation requirements can vary by state and case. Sometimes, probation can be...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Iowa on
Q: Can I wear an anti-LGBTQ shirt at a public university?.

Can I wear an anti-LGBTQ shirt that states something along the lines of "Trans people are not real. They are just pretending to be the opposite gender or are men in dresses and are not women" at a public college like Iowa State University without consequences? I wouldn't technically... View More

James L. Arrasmith
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answered on Jun 29, 2024

This question touches on complex issues of free speech rights and university policies. Here are some key points to consider:

1. Public universities, as government institutions, generally must respect First Amendment free speech rights. This means they have limited ability to restrict...
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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Is this legal is this double jeopardy

1996 I caught a sex offense I did 3 years on probation one year in jail in the state of Florida fast forward 30 years I moved to Chemung County New York I got a misdemeanor trespassing charge to which they attached sex offender conditions for because the judge did not believe the State of Florida... View More

James L. Arrasmith
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answered on Jun 29, 2024

I can offer some general information that may be helpful:

1. Double jeopardy typically applies when someone is tried twice for the same offense. In your case, it seems you're dealing with a new charge (trespassing) in a different state, so double jeopardy likely doesn't apply...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Oklahoma on
Q: Can you get a liquor license in Oklahoma if you have felony convictions not related to alcohol or the sale of alcohol

None were charged as violent simple possession of CDs and exploitation by care taker are the charges from 2009 and 2010 and 2018. All sentences have been completed for all charges no probation nothing left to do on any charges...able has denied my license due to a conviction of a violent felony.... View More

James L. Arrasmith
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answered on Jun 29, 2024

Thank you for providing the details of your situation. In Oklahoma, the ability to obtain a liquor license with a felony conviction depends on several factors:

1. Nature of the offense: Generally, non-violent felonies that are not related to alcohol or the sale of alcohol may not...
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1 Answer | Asked in Internet Law and Criminal Law on
Q: Hello. Someone ask me for an online job vacancy.

Hello. Someone ask me for an online job vacancy. The job was to make an online dating apps account and the purpose is to promote his/her online account for marketing purposes. He sent a demo - it includes using emails so he sent me dummy emails and crop pictures of some tinder account. Then delete... View More

James L. Arrasmith
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answered on Jun 29, 2024

This situation raises several legal and ethical concerns.

1. Fraud and misrepresentation: Creating fake dating profiles using others' photos without their consent is generally considered fraudulent activity. It misrepresents the identity of the account holder and can be seen as a form...
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1 Answer | Asked in Consumer Law, Personal Injury, Banking, Internet Law and Criminal Law for Pennsylvania on
Q: I am being stalked. I have some printed evidence but my phone is corrupted. Can Apple be held responsible/failed sec?

I have some valuable information but most of it is online and that is badly corrupted. Anything I want to show you on my phone would have to be in person and likely wouldn't be available. Still I have managed to print some evidence to at least prove a problem.

Apple has mostly... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're in a difficult and distressing situation involving stalking and potential security issues with your devices and accounts. I'll try to provide some general guidance, but please note that this is a complex legal matter that may require consultation with a local attorney... View More

1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: I have an ex that put a restraining order on me, but they have not stopped stalking or texting me disturbing things..

We have already went to court and I tried to show the judge evidence but they did not want it, this ex is still stalking me on instagram and sending me disturbing texts constantly through different fake numbers claiming to be my favorite ex.. I need to make her stop or counter sue..

James L. Arrasmith
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answered on Jun 29, 2024

I understand this is a difficult and concerning situation. Here are some suggestions on how you might proceed:

1. Document everything: Keep a detailed record of all incidents, including screenshots of messages, dates, times, and any other relevant information.

2. Do not respond:...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: what do i do ifi am being faksley accused of battery and i have to appear in court. the victom admits she lied

i akso have a witness that can testify there was no physical contact.

James L. Arrasmith
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answered on Jun 29, 2024

Here's a concise response to your situation:

1. Gather evidence:

- Get a written statement from the victim admitting she lied

- Obtain a statement from your witness

- Collect any other evidence supporting your innocence

2. Hire an attorney:

- A...
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1 Answer | Asked in Criminal Law for Texas on
Q: Attorney can’t find my court files from 1997 when he went to pull them. Is that good or bad thing?

I’m talking to this writs attorney. About this terrible case I have from 90’s that I was coerced into a statement. I’m trying to hire an attorney who will at least try to help me. I was accused of Agg, Sex Assault and indecent with child contact. I just turn 18 & she was 13, which I... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

Courts lose records. Sometimes an event like a fire or flood or tornado destroys them It's less likely nowadays with so many records stored electronically, but many records in the 1990s were still in paper format. Lost or destroyed court records can often be reconstructed from other copies.... View More

2 Answers | Asked in Car Accidents and Criminal Law for California on
Q: Can I file a police report for my neighbor deliberately attempting to hit me with their car

I was taking out some trash, when I noticed my neighbor entering her parked vehicle. She started her vehicle, moved it

out of 1 of her 2 designated parking spaces and parked it in the other parking space. As she backed her vehicle into the parking space, I began to walk across the parking... View More

James L. Arrasmith
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answered on Jun 28, 2024

This is a concerning situation.

Yes, you can and should file a police report for this incident. What you've described could be considered attempted assault with a vehicle, which is a serious offense.

Steps to take:

1. Call your local police non-emergency number or...
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2 Answers | Asked in Car Accidents and Criminal Law for California on
Q: Can I file a police report for my neighbor deliberately attempting to hit me with their car

I was taking out some trash, when I noticed my neighbor entering her parked vehicle. She started her vehicle, moved it

out of 1 of her 2 designated parking spaces and parked it in the other parking space. As she backed her vehicle into the parking space, I began to walk across the parking... View More

Francisco Javier Morales
Francisco Javier Morales
answered on Jul 2, 2024

Yes, you can file a police report for your neighbor deliberately attempting to hit you with their car.

Deliberately attempting to hit someone with a car constitutes an intentional act aimed at causing harm, which falls under the category of assault with a deadly weapon. Assault with a...
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1 Answer | Asked in Criminal Law and Family Law for California on
Q: I need to postpone a hearing date a procedural gun compliance.

From a Restraining order. I do not own any firearms and filed a form saying do

James L. Arrasmith
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answered on Jun 26, 2024

To postpone a hearing date for a procedural gun compliance matter in Los Angeles, CA, you'll generally need to follow these steps:

1. Determine the reason for postponement: Ensure you have a valid reason for requesting a delay.

2. Check court rules: Review local court rules...
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1 Answer | Asked in Criminal Law for New York on
Q: if i’m accused of petit larceny and the person accusing me goes to the police is a warrant issued?

i am being accused of petit larceny in Bronx County NY, but live in another county about 80 miles from there. what happens if the person accusing me goes to the police? will a warrant be issued? is the warrant good across NYS or only in Bronx County?

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

A warrant could be issued if the police believe the person and if the person articulates that you have committed a crime.. It comes down to the credibility of the person making the police report. As to the second issue, the warrant is statewide and You can be arrested in your county and returned to... View More

1 Answer | Asked in Criminal Law for New York on
Q: 2b felonies for "giving" a c.i.an opiate for free.led to a house search warrant .the search took 2 months to execute

They found a percaset misdemeanor possession in the house.so should a person challenge the violation of the warrant ?and can a successful suppression of the warrant in the house ,help with the 2 alleged sales prior to the search warrant?

Aubrey Claudius Galloway
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answered on Jun 26, 2024

Your lawyer can try to suppress the evidence by having a suppression hearing.

To suppress evidence found during a search of a house, the defense attorney may argue the following points:

1. Invalid Search Warrant: The defense could argue that the search warrant was invalid. This...
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1 Answer | Asked in Criminal Law for Georgia on
Q: I refunded $600 worth of money from my job I paid $400 back but if I don’t have $200 by Friday they will issue a warrant

If this is my first offense how long will I be charged for $200

Jermario L Davis
Jermario L Davis
answered on Jun 26, 2024

Assuming you are charged with something (not enough information to say), and this is your first offense, with the assistance of counsel, you would likely avoid jail time and could possibly have the charge(s) dismissed. Theft charges are typically misdemeanors if the value of the item allegedly... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: I was arrested on a complaint warrant for 4th degree assault. If I have witnesses to the victim trying to break my door

The victim to assault was trying to enter my home I have witnesses can I fight this

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

You should definitely tell your attorney about these witnesses and provide their contact information so that an investigator can go obtain written statements from these witnesses. You should maintain friendly relationships with these witnesses and periodically check in with them to ensure you know... View More

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