Get free answers to your Constitutional Law legal questions from lawyers in your area.
shortly after their visit I have had things stolen.
answered on Apr 11, 2019
It's difficult to guess what's taking place here, but when government employees, public utility employees, or other people who have a valid reason for entering your property appear, they generally identify themselves and present ID. In many instances, their visits are announced ahead of... View More
I was charged and my lawyer said it was unconstitutional I he could not convince them of it and I still got convicted you
answered on Jan 31, 2019
The test of constitutionality of anti-begging laws can be quite complex and very fact-based. Whether the particular law in question violates the First Amendment or other constitutional prohibition would require a detailed analysis which your post does not provide a sufficient basis to do. Many... View More
The police of been called on a subject in a store for suspicious activity. Can the store require an ID to complete a banning notice. Does that subject have to show ID or can he just leave?
answered on Jan 12, 2019
Just leave. Only the police can request proof of identity, and then only after they have probable cause to arrest. In DC, there is a limited requirement to provide ID for certain pedestrian (street) offenses without arrest, but that would not apply here.
The passenger told cops it was his but it wasn't found on him nor was it his vehicle. We it was he say she say.
answered on Jul 25, 2018
Yes. It’s called constructive possession: if it’s open in an area within reach, and everything in his car is in reach, it creates a rebuttable inference it was his. He has a defense, however, and cases like this can be won. Just because there’s probable cause to charge does not mean there’s... View More
For example; can they search my room or if I have a locked safe?
answered on May 18, 2018
The search warrant generally applies to an entire premises, unless it is limited by its terms. If not limited, they may very well search and seize your items. If that were to happen, you would need to retain counsel to either invalidate the seizure as to your possessions, or move to suppress any... View More
I was found guilty in 2016 of CDs possession and the maximum penalty then was for years however I was sentenced last week and the sentencing guidelines were changed to 6 months in October of 2017 so my question is is there any case law or statute that says weather sentencing goes by date of guilt... View More
answered on Apr 2, 2018
You are subject to the maximum sentence provided by the law as it was in effect on the date of the offense. The sentencing guidelines are not binding, and a judge is free to consider any mitigating or aggravating circumstances in arriving at the sentence.
Can u use an object to defend yourself against teens & other adults like your parents if your life is at risk?
answered on Jan 3, 2018
You need to consult a criminal defense attorney if you have done this, and discuss no facts on any social media.
Any person may use REASONABLE force to defend themselves but what is reasonable depends on the circumstances.
I think my ex husband girlfriend will be representing him in our divorce and custody case, she's a lawyer and she's been posing as his lawyer in all of his resent defense cases. Who do I report her to? Is that a conflict of interest?
answered on Aug 4, 2017
From what you have described it absolutely seems like a conflict. You can file a motion petitioning the court to order her withdrawal from the case. You can also contact the lawyer directly and insist she withdraw due to the conflict, if you are representing yourself or obtain a lawyer who would... View More
report/cititation the reason they stop your vehicle. b) if not is that grounds for dismissal at a motions hearing regardless of any citations issued. c) what would be a good up to date case to cite e.g., Maryland V. Pringle, 540 U.S. 366, 371 (2003), or is their a more recent case. In my case I was... View More
answered on Apr 3, 2017
An officer doesn't have to state the reasons he stopped the vehicle in any citation. He observed something wrong and can flag you over. If he's going to arrest or search he needs probable cause. In stop and frisk, it's the frisk that is more probable cause related.The officer can ask... View More
My uncle was stabbed and killed in the back 40 years ago. The man got off on self defense. Is there anyway to appeal or retry the case in court. I understand double jeporday, but I don't believe the full story was told with the recent discoveries I've made.
answered on Jan 28, 2017
Double jeopardy prevents re-prosecuting a criminal case against someone, even if the full story was not told at the original trial. There are other legal doctrines that generally prevent the litigation of very old cases (although statute of limitations may not apply to certain acts like murder).
I've asked him to move them and he says he can legally do what he wants.
answered on Dec 3, 2016
Probably not. If the cameras are located on his property he can point them at any point he wishes for security.
answered on Oct 16, 2016
You could. But as a Plaintiff you'll bear the burden to prove your case. Consult with local counsel.
I been walking around with a sword while sheathed with me for protection and quiet a few cops passed by me witout a word so is it legal??
answered on Oct 14, 2016
Probably not a good idea. You could be charged with carrying a dangerous weapon. See Md. Code Ann., Criminal Law, 4-101, for example. While "sword" is not specifically used in the definition, the police or prosecutor could probably find a way to charge you.
answered on Oct 20, 2015
Habeas corpus is an extraordinary writ. I do not understand the sentence you wrote after the question.
In Torcaso v. Watkins the U.S. Supreme Court found that Maryland's test for public office violated the first amendment. Have there been any other similar cases in Maryland? I'm just a little confused on the wording of articles 36/37 of the Maryland constitution and was hoping for some... View More
answered on Oct 20, 2015
Yes. I do not know and you would probably have to pay an attorney in your state to do the research you want done.
My living quarters was a gym, the on the roof of the ceiling they were doing hard hat hat construction work, can a lawsuit be filed for recklessness endangerment?
answered on Oct 19, 2015
This is a homework assignment, right? Or a question on a test. You should answer this yourself by doing the research and actually reading the decision.
Please tell me why the President cannot use the 14th Amendment to exercise discretion in helping "the American people" (the citizens of the United States) to avoid a Default that will lead the middle class and poor people into total devastation, worst credit, more people leaving their... View More
answered on Oct 19, 2015
I do not understand your question. Marbury deals with judicial review.
A friend of mine was recently out driving with her mother and crashed. My friend had had a total of two hours behind the wheel, and those were only in parking lots. The crash occurred on a regularly traveled road. I want a law that requires that a driver with a learner's permit practice for a... View More
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