Get free answers to your Constitutional Law legal questions from lawyers in your area.
answered on Sep 24, 2022
Anyone in jail can probably use a lawyer. 8th Amendment refers to the Constitutional prohibition against cruel and unusual punishment. That Amendment is rarely found to apply to most circumstances. You will need to be very specific about what is cruel and unusual in order to evaluate whether there... View More
Discovery has a box checked “aerial photos“ being the basis of evidence for a search warrant of a home, wouldn’t the prosecution have to provide those aerial photos to the defense? My attorney frankly says there are no aerial photos and that the police lied to get the search warrant (to... View More
answered on Feb 20, 2022
You should not be posting these facts on a public forum, and you need to have these private conversations with your lawyer. The state's discovery obligations are clear, and your lawyer is in the best position to evaluate the situation and take any action that is appropriate or advisable.... View More
No contents probable cause for search
answered on Feb 19, 2022
No, but I am confident that the police officer will claim there was more to it than that. You need to have a lawyer review all aspects on the search, and that will require obtaining discovery from the State. There may be body cam video to review as well. I assume you were arrested for possessing... View More
answered on Dec 25, 2021
(1) A 17 year old cannot legally possess a handgun in the State of Mayland. You must be 21 or older to possess a handgun.
(2) A handgun is not used for "hunting" -- at least, nobody with any common sense or knowledge of hunting would accept the argument that your possession and... View More
how do the police determined Adverse Possession
answered on Jul 15, 2021
They don't. Not their decision or jurisdiction to make such determinations. The person claiming adverse possession must file a lawsuit in court against the titled owner for the purpose of divesting the titled owner of title to the land, based on the person in possession of the property... View More
For not upholding the constitution? I feel as though my state is not legally eligible for the U.S. Congress as the state does not incorporate or acknowledge amendments 1 - 10.
answered on May 23, 2021
You cannot obtain such sweeping relief. Each state is a member of the Union and has representative rights within the federal government under the Constitution. If you personally have suffered a deprivation of an individual right or privilege granted to you under the United States Constitution,... View More
I read this, but request definition clarification, please:
§ 13-214. Prohibitions
(a) Except for the units of the organized militia and the troops of the United States, a body of persons may not associate as a military company or organization or parade in public as a military... View More
answered on Dec 8, 2020
Maryland law defines two legal types of militia under the Public Safety Article 13-202. ALL other bodies of persons organized as a military company or organization are prohibited from acting in violation of the provisions you have cited to n 13-204. That’s it. There is no need to further define... View More
Due to my genetic make up it will mean sure death as an Aboriginal American I have no need for the vaccine. As well as I have even stronger religious belief against it please help!
answered on Dec 3, 2020
There is no law that requires any person to be vaccinated. It is a matter of free choice. Private and government employers may, however, impose a condition of employment that may require vaccination. If your employer has imposed such a requirement, then you should inquire as to whether they have... View More
If they are installed in places places that peer into places on homeowner properties that are covered by reasonable expectation of privacy (e.g. patios, porches, windows, etc.)
answered on Jun 3, 2020
I doubt your HOA documents provide that unanimous consent of all homeowners is required before they can take any actions. However, that does not mean they can necessarily act with impunity or infringe on privacy rights. Your HOA is made up of you and your fellow owners. You elect the Board who... View More
answered on May 21, 2020
Objection! The question assumes a fact not in evidence! No court has ruled that a stay-at-home order violates the Maryland Declaration of Rights or the United States Constitution. However, should someone mount a legal challenge, and convince a court that it does, then of course it is true that... View More
my son is currently at Central Booking we have ask for his panal attorney to put in for a review of his case because he does have asthma and has been receiving treatment at Central Booking for it. Unfortunately since he has had the panal attorney assigned to him the panal attorney is always... View More
answered on May 9, 2020
It is not clear whether the problem is primarily that the panel attorney does not have the time to devote to your son's case, or is unable to do much given that the courts are all closed and operating to address only emergency issues and therefore cannot do anything at this time for your son... View More
answered on Mar 25, 2020
“Film anything from public property”—no, if by that you mean peering into the interior spaces of someone’s home through their windows or into areas where there would be a reasonable expectation of privacy. It does not matter that you happen to be standing on public property if you are using... View More
No threats were made, but I did use vulgar language to express my disgust of their coverage.
answered on Mar 11, 2020
Yes. Media companies are private parties. The First Amendment only bars the government from infringing on your freedom of speech, not private parties. You can post on your own Facebook page, and bar others from posting on your page. You have no right to force others to let you post on theirs.
I have a friend who lives in section 8 housing, she has a family member who stayed the night and now he will not leave, he’s been there for a week already because he refused to leave, She’s very afraid, he will not allow her back in her house and has also threaten her life, what can she do... View More
answered on Dec 21, 2019
She can go to the District Court Commissioner’s Office, fill out a petition for protection from domestic violence, and if granted the Commissioner will issue an order of protection forcing the family member out and to stay away. It will be served by the Sheriff or police and he will be forcibly... View More
Once being deemed the legal father by Maryland's Affidavit of parentage, does this give me full legal rights to have a relationship with my child, and be an active father? Even if the mother has since moved to another state? Do my rights disappear because she, and the children crossed over an... View More
answered on Dec 19, 2019
You should consult with a family law attorney- they will be able to tell you whether you would need to file something in Maryland or the other state to challenge the ruling/judgment (most likely the other state). It is unclear what the due process/14th Amendment violation would be if you had... View More
During questioning. What attorney would be appointed during questioning? In the state of Maryland (where I reside), a public defender (attorney assigned to the poor to represent them at trial) cannot be contacted/assigned until the accused has received charging documents. So in this case... In... View More
answered on Nov 10, 2019
It is not a right to immediate appointment at any time you are prepared to answer questions. It is a right NOT to answer questions without legal representation present. Therefore, you exercise this right by remaining silent. The police may not question you against your will at any time. Once you... View More
Promised early expungement, but new States Attorney doesn't want to grant. Plea deal was reached in Harford Circuit Court, and all components of deal were met in full and on time with no additional problems.
answered on Jun 3, 2019
If you can prove the terms of the plea deal to specifically include early expungement (which all the state can do is agree not to object to it, or consent to the request, because it is up to the judge to grant such a request), then yes, you can enforce the plea agreement and block the State from... View More
answered on May 26, 2019
Legal title means it’s yours. You own it. You cannot be charged with theft of your own property. You can be charged with trespassing, however, or assault if you go there and a fight ensues. If the vehicle is in the public street, go get it (use a spare key or have it towed). If not, or if you... View More
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