Get free answers to your Constitutional Law legal questions from lawyers in your area.
If a person who has been in a relationship with another for 15 years and has a child together, does this person have the right to talk to police investigating the possible suicide/homicide of her significant other. Or is it blood relatives only? I realize Fla. doesn't recognize common law... View More
answered on May 29, 2019
If you believe the deceased person was the victim of a homicide, it doesn't matter what your relationship with that person was; you should be able to talk to the police about it.
I was working out at the 6th street workout area on the 24th of May at approximately 10 am,
I went to the shower to cool off when a Sgt. From the Miami Police Department stopped and went to where My belongings were, I went back to the workout area and told him that they where my belongings... View More
answered on May 28, 2019
There are not enough facts to be able to analyze your situation. However, rather than argue with people who carry guns and nightsticks, regardless of your rights to visit Miami/Dade public parks I strongly advise you NOT to return to any public parks that the police have told you to stay away from.... View More
I stayed in jail for 9 days and never seen the judge and my roommate stayed in there a month before he ever seen a judge this is in mayo fl
answered on May 14, 2019
It could possibly be a violation of your rights. However, if you took a plea to time served, then it would most likely be no harm, no foul.
They have replaced 3 parts so far and I found out the manufacturer has been having this exact problem for several years with these unit and have a class action suit against them
answered on Apr 19, 2019
Contact the manufacturer and ask them if they can work with you toward resolving the issue (whether in the form or service or replacement). If your model is the same one that is the subject of the class action lawsuit, you could contact the firm handling the suit if your amicable efforts do not... View More
We recently had problems with them where the male neighbor attacked my boyfriend and has constantly yelled profanities at us. I just need to know if we can do anything about this
answered on Apr 1, 2019
No. You have a right to the peaceful enjoyment of your property, whether you are an owner or a tenant. If this neighbor continues to enter your property without your permission, you have a couple of options. First, you can contact law enforcement and request that this person be issued a "no... View More
Under the Supremacy Clause, Article VI. How can the current Red Flag gun law in Florida be legal when it violates my 1st, 2nd, 4th, and 6th. Amendment Rights of the US Constitution. The Supreme Law of the Land
Thank you
Tom
answered on Feb 19, 2019
In answer to your first question, legal advice costs money; that's how lawyers make a living. Secondly, whether or not a law is unconstitutional as applied to your specific factual situation of course requires a review of your specific factual situation.
I had a warrant for right at three months for violation of probation. I had failed a drug screen at my out patient drug treatment class back in October 2018. On January 15,2019 i was arrested at my home . Although i did not come out of my house for 6 &1/2 hours,i feel the city police used... View More
answered on Feb 4, 2019
I don't see it. They are required to secure fugitives. When you didn't come out you put yourself in that classification. If the dog was never unleashed they likely used the least intrusive alternative. Contact the Fla. civil liberties union to see if they have a different take.
I'm curious of your views. I can't really find anything about if this would even apply.
answered on Jan 17, 2019
Good question - it's an issue that should be researched to see if it has ever been raised in any court, and if so, the outcome. My educated guess, though, is that a court would not find it to be a violation of the 13th Amendment because the workers are not working for ZERO wages, they're... View More
answered on Jan 14, 2019
Your inquiry is far too vague. Don't know if you are trying to say you have a potential discrimination claim and wondering how you obtain compensation if you win, or you already pursued and prevailed on a claim, received a judgment in your favor, and are having trouble collecting on the judgment.
During mediation, property manager said to me that my estranged father (co-signer on lease, but not a tenant) had instructed her to post 24-hour notice of eviction for holdover and when that didn't work, to file an eviction lawsuit against the both of us (in an attempt to exploit my... View More
answered on Nov 28, 2018
The only time you can defend an eviction action WITHOUT posting the rent amount to the court registry is when you are arguing (in writing) that the rent has already been paid in full (and you can prove it). That's in Fla. Statutes Section 83.60(2). Your description does not indicate whether... View More
Does the video of the buy have to show the defendant handing the drugs in question over to the CI or can the CI get away with stating the drugs came from the defendant. The CI that was used for the controlled buy had access to the residence plus he stated during his deposition that he has staged... View More
answered on Oct 1, 2018
There is no law that I am aware of that states a CI must be on video buying/selling drugs with the suspect. It is not uncommon for the police to search the CI before and after the buy and rely on their statements. That being said, this opens up possible defenses and credibility issues with the... View More
My daughter had signed a contract to buy a house with me as a co-signer, however do to family medical issues.I was not able to co-sign. Her real state agent, was telling her "that she needed to pay for a home inspection in order to terminate the contract. even after my daughter had already... View More
answered on Sep 29, 2018
Probably, but why didn't you ask this question in Justia › Ask a Lawyer › Pennsylvania › Real Estate Law › ?
Wouldn't double jeopardy attach and keep him from being able to be tried and convicted for the same offense in civil or criminal courts, state or federal? Of course, he would have been removed from office after Senate conviction, but he wouldn't be punished or imprisoned based only on the... View More
answered on Sep 9, 2018
The answer to your first question is yes. Impeachment, if resulting in conviction, causes only removal from the position, and the Senate is NOT a Court, it is part of the legislative branch of government. After removal, the perpetrator may be arrested and prosecuted in a court of law.
I rent out a room in my home in Florida and wanted to confirm that refusing to rent to someone (discriminating against) based on their political affiliation or personal voting choice is illegal, but that refusing to rent to to someone based on their support of a political individual... View More
answered on Sep 9, 2018
Under Federal and State law, It is LEGAL to discriminate against someone based on their political views, AS WELL AS their political affiliation or personal voting choice, as those categories are not amongst the "protected classes", such as race, sex, religion, age, national origin,... View More
I consented to search inside tucked away in my car; would anything the police grab outside the area consented to search be illegal.
answered on Aug 25, 2018
A search can not exceed the scope of permission; however, if the item is in plain view while conducting the search, then the discovered item is legally obtained.
As a juvenile the police railroaded him for SOME things he didn't do, cause he would not tell on anyone he knew that they would ask him about, they used to pick him up as he left school to take him to the station just to release him later, now he has been to every court date, turned himself in... View More
answered on Aug 24, 2018
You would have to show all police reports, court papers, and other relevant documents to a lawyer in an in-person consultation to get a meaningful answer to your question. Also, your inquiry is a bit vague as to what aspect of this whole thing you believe possibly may be a civil rights violation.... View More
My mother received a phone call that I would be served today for a hospital bill of $2,492.96 from 2004 and a lien would be put on my house. I worked at Disney at that time so that bill should of been paid. This is the first I knew of this.
answered on Aug 23, 2018
It appears to be past the statute of limitations. If, somehow, they get a judgment anyway, that could be recorded so as to constitute a lien.
The state of Florida is requiring schools to put the Motto in God We Trust in a conspicious spot in Florida schools as per recently passed legislation (1003.44).
answered on Aug 22, 2018
While you definitely can file a lawsuit for declaratory and injunctive relief under the First Amendment Establishment Clause, Courts have generally ruled that the placing of that motto and similar things in public places (and on money) is NOT a First Amendment violation, using what I think is poor... View More
situation?
answered on Jul 30, 2018
I suspect that you think you know the answer and that you're asking this question rhetorically. But actually the Supremacy Clause of the U.S. Constitution is more complicated than you imagine. If you really want an answer, I suggest that you give us specifics.
Was a president elected or appointed?
answered on Jul 19, 2018
"Article. II.
Section. 1.
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:
Each State... View More
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