Get free answers to your Constitutional Law legal questions from lawyers in your area.
I am having quite the hard time finding an attorney that is willing to take my case on Mid Stream
answered on Oct 6, 2024
Without knowing anything about your case or your attorney's performance on it, it's possible your words made your attorney apprehensive about further work on the case. Whatever the case might be, you could continue your efforts to find a replacement attorney, supplementing your searches... View More 
I know that if you have money or a possession, a cop can take it if they think it came from drugs, even if there's no proof you've ever come in contact with them. They can take your possessions without due process. just wondering
answered on Sep 20, 2024
The police can "seize" property if there is probable cause that the property was acquired with money from the sale of drugs or if the property was used in the sale of drugs but the police cannot "take" the property. You still own it. If the prosecuting attorney determines... View More
answered on Jul 8, 2024
If the identity of the individual who committed the crime is in dispute, the discrepancy in the physical description could be powerful evidence in securing an acquittal. But, standing alone, that is not strong enough to secure a pretrial dismissal in the absence of other evidence that they... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024
It's possible to have your case dismissed due to errors in personal information, but it typically depends on the nature of the case and the specific errors involved. Incorrect details like height, weight, and middle name might not be sufficient grounds on their own. However, they can be... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024
If the police are lying about what is in their records, a lawyer can help you request those records. This is often done through a process called discovery, where both sides in a legal case must share information. In many places, there are also public records laws that require government agencies,... View More
was threatened by 4 cops after filing
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2024
Filing a quiet title complaint can potentially delay or stop an ejection if it raises valid legal questions about property ownership. The purpose of a quiet title action is to resolve disputes over property ownership, and it often involves the court determining who has rightful ownership of the... View More
This case has been ongoing since January 12, 2021. Does the tolling period begin when the case is dismissed, or when the indictment is filed? This case will be dismissed on August 8, 2024. Is there different tolling when the defendants are employees of a company, rather than state actors, police... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024
In civil rights actions, the tolling period, which pauses the statute of limitations, often starts when the underlying criminal case is resolved favorably for the plaintiff. This is grounded in the principle set by the Supreme Court in Manuel v. Joliet, which requires that a wrongful conviction or... View More
My wife's son, from a previous marriage, has filed for guardian and conservator over my wife and apparently was already awarded emergency guardianship. He emailed my son and I unofficial and incomplete documents wanting us to sign my right to be notified away and we refused because my wife... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024
In Kentucky, the law requires that certain interested parties be notified of guardianship and conservatorship proceedings. According to Kentucky Revised Statutes (KRS) 387.580, the person for whom a guardian or conservator is sought (your wife, in this case) must be notified, unless the court finds... 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
After a verbal insult he lunged 2 grab me puts me in headlock smashing face/nose where I heard nose crunching, & couldn't scream breathe as he's twice my sz. in attempts to free myself he sustained 2 minor scratches yet he reported it & had me arrested for battery while I, in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2024
Based on the information you provided, it seems that you may have a valid self-defense claim against the battery charges. In many jurisdictions, individuals have the right to use reasonable force to protect themselves from imminent harm. Given that the other person initiated physical contact by... View More
Police came to my house, out of jurisdiction, numerous times. I called them finally. They wanted dna to rule me out as a suspect. I gave it to them, as I was on probation and thought I had to. While the officer was taking the sample, he asked me why I thought my ex husband and my kids father ( 2... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024
In situations where your statements to police are included in a discovery document that could compromise your safety, it's essential to address the issue promptly. The police have procedures for handling sensitive information, but mistakes and oversights can happen. If your safety is at risk... View More
I'm being terrorized and belittles and slandered by lies and my name ran down in the dirt along with officers having local ppl try to harm me and my son and to them letting ppl track me as if it's stalking the pray by location .I've studied there tactics but seems every one is being... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024
If you're experiencing gangstalking and harassment, it's crucial to seek assistance from local law enforcement agencies. They are responsible for investigating and addressing cases of harassment and criminal behavior within their jurisdiction. Provide them with any evidence or... View More
Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2024
In Indiana, determining whether a claim is governed by a statute of limitations or a statute of repose depends on the specific nature of the claim. The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated, while the statute of repose limits the... View More
Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
Differentiating between the statute of limitations and statute of repose can be crucial in legal matters like yours. The statute of limitations sets a time limit for filing a lawsuit after an injury or harm occurs, while the statute of repose imposes an absolute deadline, typically based on the... View More
Police car followed me used overhead light bar to blind into a curve from behind then used that as probable cause for a stop.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
No, it is generally not legal for police to use their blinding overhead lights solely as a pretext to establish probable cause to pull someone over.
The use of blinding lights could only be justified if the officer already had an articulable reasonable suspicion that a traffic violation or... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024
Unfortunately, based on Indiana law, it does not appear that an 18-21 year old non-resident would be able to privately purchase a handgun or obtain an Indiana concealed carry permit. Here are the key reasons:
• Private handgun purchases - Federal law prohibits federally licensed firearms... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2024
In Indiana, if a parent in police custody agrees to sign over their parental rights, the appropriate legal action would be to file a petition for involuntary termination of parental rights in the appropriate family court. This petition is typically filed in the county where the child resides.... View More
My fiance was sleeping in her car after a 17 hour shift, she parked in a legal parking spot to take a nap in order to avoid trying to drive while sleep deprived. According to a lawrenceburg, IN policeman. Someone had called the police worried about her welfare. The officer rudely and violently beat... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2024
Based on the details provided, there are good arguments that the search was not lawful due to your fiance's diminished mental capacity when she supposedly consented. A few key points:
- Consent searches require voluntary, knowing, and intelligent consent. If the person is not fully... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2024
I do not have enough information or context to definitively state if a detective can record a conversation in a private home without consent in Elkhart, Indiana. However, here is some general information about recording laws in Indiana:
- Indiana is a "one-party consent" state... View More
I filed for divorce and was granted it about 13 years ago, but was ordered to pay child support and was retroactively ordered to pay back-support all the way back to when my son was born, and along with other stipulations. My ex wife moved had moved back home with her family and had taken the kids... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023
In your situation, where you're facing child support issues across state lines, it's important to understand the complexities of interstate child support laws. Each state has its own child support guidelines, but they generally follow the federal Uniform Interstate Family Support Act... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
