Get free answers to your Constitutional Law legal questions from lawyers in your area.
I know Sovereign Immunity Defense is not available for money damages claims when constitutional rights are violated. I suffered heart attack symptoms after the moral torpidity of the definite bias of the Judge. I was then subjected to 53 days of solitary confinement with no medical treatment and my... View More
answered on Oct 28, 2023
When constitutional rights are violated, particularly by state actors such as courts or law enforcement, individuals can potentially bring a claim under Section 1983 of the U.S. Code. This allows individuals to sue state and local government officials for damages when they've violated federal... View More
Ex husband placed gun TO my forehead threaten to kill me, I was pregnant and all my children in the home I had three other children I called the sheriffs depart or 911 they came out, met with my ex-husband and said that they were not going to make an arrest on him, even though he admitted on... View More
answered on Oct 27, 2023
That is INSANE!!! I cant believe it! Is there another law enforcement agency in your county such as a local police agency?
The GBI is the next step if the locals wont do anything, thats nuts!! You may also want to call the press, but really a local lawyer should get involved at that... View More
answered on Oct 15, 2023
Parties affected by any unconstitutional provision might have recourse in subsequent legal actions. It's crucial to consult with a local attorney if you believe you're affected by such a ruling to understand its implications and your options.
I am living with my husband in two small children in a hotel i was paying daily then I started working here for a room for me and my family. I do not get paid I stay here for no cost i work 7 days a week. the manager has been messaging me making me feel kind of uncomfortable chose to ignore it... View More
answered on Oct 15, 2023
I'm deeply concerned about your situation. Based on what you've described, it seems you may be facing potential labor and housing violations, as well as potential harassment. It is crucial to document all interactions, messages, and any incidents with the manager. The Fair Labor Standards... View More
Had given note to judge of disability from doctor with request also.
answered on Oct 15, 2023
In the United States, individuals with disabilities are entitled to reasonable accommodations under the Americans with Disabilities Act (ADA) to ensure equal access to the judicial system. This includes accommodations in civil court proceedings. It's concerning that your request for a one-day... View More
Reason for something different the officer is technically questioning to further investigation to continue and if your considered detained and unable to leave till he is finished should officers inform you of your right or warn you????? Your lawfully detained under officers custody weather on side... View More
answered on Oct 3, 2023
If you are in custody for a crime, before police interrogate you, they should read you your Miranda warnings. Otherwise anything you say may be excluded from evidence in any subsequent trial against you for commission of a crime.
Be aware that does not mean that charges against you are... View More
Incarcerated and held for 7 days before Miranda rights were read to him, was walking out of a store when arrested so entrapment Co defendant released by his po because he stated was a wrongful arrest
answered on Sep 27, 2023
Miranda only applies if the police question you. If you are arrested and they don't mirandaize you before questioning you, then You can challenge the admissibility of those statements.
If you are held for 90 days without indictment, you can file a motion with the court for bond and the... View More
I had got a fake 100 dollar bill back in change didn't know it until at my work until I payed for my food and 6 days later loss prevention came and forced my in to saying I did it and then had me arrested but I didnt know i was allowed to have a lawyer present because there was no cop present... View More
answered on Sep 11, 2023
In your case, you found yourself being questioned by loss prevention personnel, not police officers. It is essential to note that loss prevention employees do not have the same obligations as law enforcement officers to inform you of your rights, including your right to an attorney, before... View More
answered on Jul 23, 2023
It’s hard to answer this question when I don’t really understand the facts of what you mean. Employer can fire employee unless they have an employment contract for any reason whatsoever but anytime they want to. This would be in the private sector. An employee in the public sector would have... View More
answered on Jul 11, 2023
A warrant is not valid if it contains the wrong O.C.G.A code with the stating charge. The warrant must be specific to the charge that the police are seeking to investigate. If the warrant contains the wrong O.C.G.A code, then it is not valid, and the police cannot search the property or arrest the... View More
my children got taken into the states custody during the time being my husbands civil rights have been violated, and there has been severe mis-management of my case. there has been several things that the department has done wrong.
answered on Jul 7, 2023
In the state of Georgia a parent involved in a deprivation case does not get a court appointed attorney. If you want an attorney you need to contact someone who handles juvenile cases as a parent attorney and discuss your case with them.
Do a investigation. The murderer is still walking free and they knw who did it. Who can I call
answered on Jun 30, 2023
You may wish to reconsider.
If the objectively provable evidence is weak, it is a tried and true law enforcement strategy to not arrest someone they think (or subjectively know) committed a serious crime like murder, let them think they got away with it, and monitor them. Often, criminals... View More
answered on Apr 3, 2023
Georgia Code 45-4-14 requires the official bonds of public officers required by law to be filed in the office of the comptroller general, Secretary of State, or with the office of the governor within 40 days after their election or appointment.
I happened to walk outside at around 1:15 p.m. and was met by law enforcement who detained me, and I had closed my door behind me. They had a warrant for my arrest. And arrested me, directly after they entered my home uninvited, and searched it. The search warrant was signed off on at approximately... View More
answered on Mar 26, 2023
It would be irresponsible for any attorney to give an opinion on the legality of a particular entry and/or search without first having the opportunity to examine the evidence and the relevant law. That being said, there do exist certain legal justifications that would allow police to enter a home... View More
answered on Mar 27, 2023
The purpose of a preliminary hearing, also known as a probable cause hearing, is to make sure that a person is not held in jail without some evidence to support the incarceration. So, if a person is out on bail and not in custody, there is no need for a probable cause hearing.
If the... View More
I've being held in a Dependency case due to a charge that is reduced and disposed of but they still hold me in jouvinile with a charge that for abuse and no charge anywhere of dui and then have me in another county sui.g me in a custody battle I never recieve any summons for I'm in 3... View More
answered on Mar 11, 2023
It sounds like you may need to speak with an attorney who can review your specific case and provide legal advice tailored to your situation. It is unusual for someone to be charged for the same offense in multiple courts, especially if one of the charges has already been disposed of and... View More
answered on Mar 2, 2023
In general, using force in self-defense is legal if you reasonably believe that force is necessary to protect yourself from imminent harm. However, the level of force used must be proportional to the threat, and you should make efforts to retreat or avoid the situation if possible. In some states,... View More
Im wondering if it is legal for me to watch a house to gain information on a suspect wanted for aggravated assault off duty in a normal car
answered on Mar 2, 2023
As a general principle, law enforcement officers must adhere to the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures. Surveillance of a suspect's house may be considered a search and, therefore, subject to Fourth Amendment protection.... View More
Secind time in 7 days now. First time deputy who was sitting at four way with another deputy in second vehicle, pulled out and went on by as i turned into parking lot of patels gas station where they were both sitting. I went in paid for gas and soft drinks walked out pumped gas got back started... View More
answered on Mar 2, 2023
It is important to note that driving with a suspended license is considered a criminal offense and therefore subject to criminal laws, not civil rights laws. However, in general, law enforcement officers are required to follow proper procedures and protocols when making an arrest, and individuals... View More
Employed 12+yrs,FMLA for my disabled child/I self have a medical condition can’t lift over 50lbs Because I refused to go work in a different dept. that wasn’t my job description or duty it required me to lift over 50lbs I was fired.Manager was angry because I called HR corporate because of my... View More
answered on Mar 2, 2023
It is illegal for an employer to discriminate against an employee on the basis of a medical condition or the need to take FMLA leave. If you were fired because of your medical condition or because you exercised your FMLA rights, you may have a legal claim for wrongful termination. It is recommended... View More
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