the police just walked into my mother in laws garage opn a supposed probation check, no tresspass signs are posted everywhere, came into garage then announced, threw me out and my mom in law told them no consent as this isn't my house, probation officer not present, located said fentanyl; no... View More 
answered on Jun 22, 2023
If you had a reasonable expectation of privacy in your mother-in-laws garage (such as you kept property there, or was staying at the house), you could challenge the search as illegal under the Fourth Amendment because a warrant is generally required to search a home or garage. This is a complicated... View More
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answered on Mar 11, 2023
The legality of blood tests in alcohol-related driving offenses varies by state in the United States. In some states, there are implied consent laws that require drivers to submit to a blood test if they are suspected of driving under the influence. In other states, a warrant is required to compel... View More
Seams like a violation of the persons body
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answered on Mar 11, 2023
The U.S. Supreme Court has ruled that the warrantless taking of blood for alcohol testing is permissible in certain circumstances, such as where exigent circumstances exist, such as when a delay in obtaining a warrant would result in the destruction of evidence (i.e. the dissipation of alcohol in... View More
Seams like a violation of the persons body
answered on Mar 6, 2023
With a warrant, they can.
Implied consent laws are also constitutional. For example, by law a state can make cooperating with a blood alcohol test a condition of the privilege of driving, but the penalty for a subsequent refusal is limited to the loss of the privilege.... View More
My wife was picked up on tuesday. Today is now Saturday. Her warrant was out of York county maine, but she was picked up in Stratford county New Hampshire. They have held her inside a dry tank I'm assuming because they thought she must have been trying to smuggle something in. She has not been... View More
answered on Oct 29, 2022
Since she was arrested and being held in a NH jail, NH's rules of procedure and extradition will apply. You will want to consult with a NH lawyer for these questions. I'm only licensed to practice in Maine. In Maine, a person arrested is required to appear before the Court within 48 hours... View More
Police responded to a civil complaint re: an aggressive dog...they left complainant’s property, entered mine & saw no dog, nor person or vehicle (I was out with said dog(s). Officers then approached domicile & claimed to see ‘evidence of firearms in plain view’...one officer was the... View More
answered on Oct 1, 2022
Any search of the home would require a search warrant supported by probable cause, unless you provided consent to search the home. There may also be a 4th Amendment issue as to whether the police could enter your property to be in the location of where they claim they saw the firearm. Law... View More
My first attorney verified to the Overseers of the Bar our prenup was invalid and I lost the benefit reporting him for writing a handwritten order with my signature forged on it, which gave my husband, defendant full control of our finances.
answered on Jan 17, 2020
There is a difference between an initial appearance and an arraignment. An initial appearance is reserved for felony charges. At that hearing, the judge will discuss the charges with you, ensure you understand the maximum penalties allowed by law (if convicted), set bail (if not already set) and... View More
So to clarify my question a little more:
I'm a writer, and looking to do some research for my book. In it, someone is arrested on a felony, and the prosecution argues that he's dangerous and his bail should be denied.
So firstly: at what stage would the prosecution argue... View More
answered on Jan 11, 2020
The bail would be argued at the initial appearance.
If someone is granted bail they are released right away after the initial appearance.
Hope that helps. Thanks
How come the first part of the 4th amendment refers to the operation of the law and not the reasonableness of the law?
Why is marijuana not treated as property and the laws criminalizing marijuana are not subjected to strict scrutiny standard of review?
answered on Oct 20, 2015
You have not given enough facts here. I suspect that there is a contract involved, but you said nothing about that.
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