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2 Answers | Asked in Criminal Law for Texas on
Q: Can I file a complaint and Sue a police officer for not doing there job when some breaks into your home

My home was broke into and tooken over by people that had no right to be in the home they physically threw me out and when I call the police they said it was a civil matter

John Cucci Jr.
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answered on Jun 22, 2024

NO!

The police do not have to enforce laws. While it is the job of the police to enforce criminal laws, you can not force them to do so. I know it sounds crazy, but that is the law. The only time a police officer must act, is when a "Special Relationship" has been established....
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1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: If I was put on probation and felony probation and I didn't check in and out ran it till it was at the end of my

Probation would I have to do the whole probation time or would it have to to be dropped

James L. Arrasmith
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answered on Jun 22, 2024

If you have concerns about your probation status, I would strongly advise speaking with your probation officer, a lawyer, or the court to understand your specific situation and options. Failing to comply with probation terms can have serious legal consequences. A qualified legal professional can... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Communications Law for Alabama on
Q: I’m an 18 year old female who has been getting harassed by a 16 year old male over text since late May.

Recently, I received a video of the 16 year old male saying he wanted to harm me. What legal actions should I take on this?

James L. Arrasmith
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answered on Jun 22, 2024

This is a serious situation that requires prompt action to ensure your safety. Here are some steps you should consider taking:

1. Document everything: Save all texts, messages, and the video as evidence.

2. Stop all communication: Do not respond to any further messages from this...
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1 Answer | Asked in Criminal Law and Federal Crimes for Hawaii on
Q: Can probation get revoked if they got arrested? Arrested isn't convicted

Just because someone got arrested that doesn't mean they picked up a new charge because they were not yet convicted. Would that be grounds for probation revocation or modification?

James L. Arrasmith
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answered on Jun 22, 2024

Getting arrested while on probation can potentially lead to probation revocation or modification, even if the person hasn't been convicted of a new charge. Here's a breakdown of the situation:

1. Probation conditions: Most probation agreements include a condition that the...
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1 Answer | Asked in Criminal Law and Federal Crimes for Washington on
Q: How can I find help in filing a criminal lawsuit against a company for financial conflict of interest?

I have proof that a background screening company is giving incorrect "dilute" results through negligent malpractice for urine samples in order to gain more money due to the law requiring new samples be given paid for by the employer. I can prove that multiple precautions are taken in by... View More

James L. Arrasmith
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answered on Jun 22, 2024

To pursue a criminal lawsuit against a company for financial conflict of interest and negligent malpractice, you should consider the following steps:

1. Consult with an attorney: Seek out a lawyer specializing in healthcare fraud, corporate misconduct, or whistleblower cases. They can...
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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Gov & Administrative Law for New York on
Q: How to motion a venue to get a criminal investigation done by NYSTroopers?

The Chief of police will not transfer the case. Numerous requests made. The crime has not been investigated due to corruption and Misconduct within the police department.

James L. Arrasmith
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answered on Jun 22, 2024

To request a criminal investigation by the New York State Troopers when a local police department is not cooperating, you can take the following steps:

1. Document everything: Keep detailed records of the crime, your interactions with local police, and reasons for suspecting corruption or...
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1 Answer | Asked in Criminal Law and Federal Crimes on
Q: Can I file a motion to quash on the grounds of prejudice for a speedy trial when prosecutor continues judge response?

This prosecutor and the incarcerated individual went to the same schools, grew up in the same town and the two have a history. Civil rights have been violated numerous times. The public defender was told to file for a speedy trial and he ignored the request so the incarcerated filed the motion... View More

James L. Arrasmith
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answered on Jun 22, 2024

Based on the information provided, it seems the incarcerated individual is facing several challenges in their criminal case. Let's break down the key issues and potential legal strategies:

1. Motion to Quash on Speedy Trial Grounds:

The defendant can indeed file a motion to...
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1 Answer | Asked in Criminal Law and Federal Crimes for Oregon on
Q: How can I be charged for a crime I did not commit?

my boyfriend‘s house was rated and I was told I wasn’t in any trouble so I followed the detective up to the house and two cops came out and asked me who’s gun was in the safe and I said I didn’t know when they arrested me, how can I be charged for something that I knew nothing about And... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, it seems you're in a complex legal situation. Here's a general overview of how someone might be charged for a crime they claim not to have committed:

1. Association: Being present at a crime scene or associating with individuals involved in...
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1 Answer | Asked in Criminal Law, Employment Discrimination, Employment Law and Federal Crimes for Nevada on
Q: Can I demand due wages plus $5000/day for penalty and emotional distress for non-payment of wages?

I have demanded pay for 6 weeks from my employer with no avail.

James L. Arrasmith
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answered on Jun 21, 2024

Here's a concise response to your question about demanding wages and penalties in Nevada:

1. You have the right to demand unpaid wages from your employer.

2. Nevada law allows for penalties for non-payment of wages, but not $5000/day.

3. Penalties can include:

-...
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1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Fui acusado por delito menor tipo A en Indiana Que cargos puede recaer sobre mi

Puedo seguir con el permiso de trabajo

James L. Arrasmith
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answered on Jun 21, 2024

Entiendo su preocupación. Aquí hay información general sobre su situación:

1. Cargos por delito menor tipo A en Indiana:

- La pena máxima suele ser hasta 1 año de cárcel y una multa de hasta $5,000.

- Los cargos específicos dependerán del delito cometido.

2....
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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for North Carolina on
Q: I'm wanting to know the penalties behind FSA (Flexible Spending Account) fraud?

And I know it may seem obnoxious but I was truly unaware. I submit receipts for Massage Therapy reimbursement through my FSA plan & I'm paid. I recently found out my medical insurance covers massage therapy & so I submitted a claim there for reimbursement & it was approved. My... View More

James L. Arrasmith
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answered on Jun 21, 2024

This situation involves potential fraud related to Flexible Spending Accounts (FSAs) and health insurance claims. Here's an overview of the legal implications and potential penalties:

1. FSA and Insurance Fraud:

What you've described could be considered fraud against both...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: my husband was arrested at work, but charged with possession of stuff that he had at home. Is that right to do?

when they got him at his job he was brought back to my house and my house was searched. Could the marshals have done that without a warrant? if not, is there something that can be done?

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, there are a few important legal issues to consider here:

1. Arrest location vs. charge location: It's not unusual for someone to be arrested in one place (like work) for crimes allegedly committed elsewhere (like at home). The location of arrest...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Utah on
Q: My friend's parents have already had DCFS take their children from them once. Can they turn off their kids mobile data?

They got the kids back and they've been told by DCFS that they can't take away their kids doors.

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about a sensitive situation involving your friend's family and DCFS (Division of Child and Family Services). To address your specific question:

Parents generally have the right to control their children's access to technology, including mobile data....
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1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Florida on
Q: In Florida can you be trespassed from somewhere you have never been or havent been in over 1 year?

I got a trespass warning tuesday from a location I have never been, and all the statutes it sources say you were already on the property without consent, and based off of the wording in chapter 810 (burglary and trespass statute) I needed to be on the property and asked to leave, or told I'm... View More

James L. Arrasmith
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answered on Jun 21, 2024

To provide a concise response to this legal question:

In Florida, it's generally not typical to receive a trespass warning for a property you've never visited or haven't been to in over a year. Trespass warnings are usually given when someone is on a property without...
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1 Answer | Asked in Criminal Law, Civil Rights and Gaming for Nevada on
Q: What do I do if I have been falsely accused of committing a crime and reprimanded for it
James L. Arrasmith
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answered on Jun 21, 2024

Here's how I would advise handling a situation where you've been falsely accused of a crime and reprimanded:

1. Stay calm and don't panic. False accusations are serious, but there are ways to address them.

2. Do not discuss the accusation with anyone except your...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: How can I request a motion to amend Community Supervision for ADA accommodations requests if I can't afford a lawyer?

I have been placed on community supervision, but am having issues with meeting conditions due to mental and physical disabilities. My community supervision officer hasn't she taken into account my disabilities, amongst other barriers I am struggling with. No accommodations nor a plan to make... View More

James L. Arrasmith
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answered on Jun 21, 2024

To request accommodations for your disabilities while on community supervision in Texas without a lawyer, you can take the following steps:

1. Document your disabilities:

- Gather medical records and documentation of your mental and physical disabilities.

- If possible, get...
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1 Answer | Asked in Criminal Law, Civil Rights and Contracts for Kansas on
Q: Good morning, I'm looking for some advice/help with a civil matter. Back in 2022 I had lent some money.

18,000 with interest added up front 20,400. I have a contract and notarized. He had started off well but had tapered off very quickly. He was fired from his job and has not returned any of my texts. I know this amount of money is not a lot, but a lot to me. We both agreed to the terms, in this... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're seeking advice on a civil matter involving an unpaid loan. Based on the information provided, here are some potential next steps to consider:

1. Document everything:

- Gather all relevant documents, including the notarized contract, any communication...
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1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Wisconsin on
Q: Can a public place shame and humiliate you by putting a photo of you up with details and telling people you are banded

I have already been given two citations one for theft one for property damage but never stolen anything.

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about a complex legal situation involving public shaming and potential false accusations. Let me break this down:

1. Public shaming: Generally, it's not legal for a business or public place to publicly shame individuals, especially if the information is...
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1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Virginia on
Q: Am I able to sue the court/county/police/my lawyer?

I was never able to present my evidence & my lawyer never answered my emails/calls he just worked out a plea deal and told me to agree. Since this the police has blocked who made claims against me from doing so again for false claims, I did not qualify for mental health & the case will be... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, you may have some legal options, but pursuing them successfully could be challenging. Let's break down the potential avenues you might consider:

1. Suing the court/county:

Generally, courts and government entities have sovereign...
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1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Ohio on
Q: How do I get a lawyer for my husband who is being held in Miami county jail on a PV holder for invest.

He’s been held for almost two weeks. And it’s over a neighbor saying he verbally threatened them. Which is a lie.

James L. Arrasmith
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answered on Jun 21, 2024

To help your husband get legal representation while he's being held in Miami County Jail, you can take the following steps:

1. Contact the Miami County Public Defender's Office:

If your husband cannot afford a private attorney, he may qualify for a court-appointed lawyer....
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