Get free answers to your Civil Rights legal questions from lawyers in your area.
One situation was picked up by the state with criminal charges that were dismissed on the first day of trial due to the children and I not being present. (we were informed by Voices for Children the evening before that court was adjourned- this was untrue- court proceeded the following morning).... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 21, 2024
I understand you're in a difficult situation regarding visitation and child safety concerns. Here's some general information that may be helpful, but please note this isn't legal advice:
1. Document everything: Keep detailed records of any incidents, CPS involvement, and lack... View More
I was forced to transfer to a larger site with no pay increases at the beginning of May with one days notice. The staff at the site was calling me racially charged names and had gotten into altercations with each other that included guns. All these things were reported to my supervisor. Nothing was... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 15, 2024
I'm sorry to hear about your experience. If your employer is claiming you voluntarily resigned when you did not, this could be a serious misrepresentation of your employment status. It's important to document all communications and incidents, including emails and reports you made to your... View More
All my previously served cases! Even when there's a picture of the defendant reading his court papers! Does judge was a prosecuting attorney for my nephew's case in 2007 We disagreed he and I. I have lost everything since he basically ostracized me from the court I can serve civil and... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 15, 2024
It sounds like you're facing a difficult and unfair situation with the 60th District Court. If the judge dismissed your cases improperly and there's evidence being ignored, it might be time to seek legal counsel to help navigate this complex issue. A lawyer can assist you in understanding... View More
All my previously served cases! Even when there's a picture of the defendant reading his court papers! Does judge was a prosecuting attorney for my nephew's case in 2007 We disagreed he and I. I have lost everything since he basically ostracized me from the court I can serve civil and... View More
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jun 17, 2024
The court cannot tell you you are not able to serve papers as a legally competent adult who is not otherwise a party to the action. In other words, you are free to be a process server. What they can do and say is that you are no longer an appointed court officer. In most jurisdictions, that's... View More
Was taken to jail on a false arrest the officers did a search and found my gun that wasn't registered and they confinescated it and seized my property then when i asked to get my property back they wouldn't give it back.. I'm not a felon never had a violent offense but they took my... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 21, 2024
I understand you're in a complex legal situation regarding the confiscation of your firearm and potential violations of your constitutional rights. I can offer some general information that may be helpful:
1. Warrant dismissal: If the warrant was dismissed, this could potentially... View More
Was taken to jail on a false arrest the officers did a search and found my gun that wasn't registered and they confinescated it and seized my property then when i asked to get my property back they wouldn't give it back.. I'm not a felon never had a violent offense but they took my... View More
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jun 6, 2024
Hate to break it to you, but your issue begins and ends with you taking a plea. You're not getting that firearm back. All the possible defenses you raised here - constitutional violations - should have been raised and litigated before the plea.
Are background investigators w/ police agencies allowed to share the information collected and or they found out about you, to friends and or co-workers? I understand they share the info w/ other agencies. Reason is, In 2018, when I was 16 my phone was taken by police and they requested a search... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 3, 2024
Background investigators with police agencies have strict guidelines regarding the sharing of information they collect. They are typically required to maintain confidentiality and only share information with authorized personnel or other agencies as part of their official duties. Sharing sensitive... View More
A pocket knife was seized from my car without a warrant because I was considered a danger to myself. It was never returned to me. Am I legally entitled to get it back?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 3, 2024
If a pocket knife was seized from your car without a warrant because you were considered a danger to yourself, you may have legal grounds to request its return. Typically, law enforcement can seize items without a warrant if they believe it is necessary for immediate safety concerns. However, once... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on May 29, 2024
If you are taken to jail, the arresting officer cannot simply throw out your property, such as your phone or backpack.
Typically, any personal belongings you have at the time of your arrest are taken into custody and logged as part of the booking process. These items are usually held... View More
".. if you are filing a complaint for someone else" OCR/HHS required documentation, once I proved heir at law, I'm filing on both our behalf, the issue became; "The consent form authorizes OCR to release the aggrieved party’s name to the entity under investigation and to... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on May 19, 2024
The OCR/HHS consent form is designed to ensure transparency and legal compliance during an investigation. When filing a complaint on behalf of someone else, the form allows the agency to obtain necessary information about the aggrieved party's situation. This process is critical for a thorough... View More
The Court finds that the next of kin has a federally protected constitutional right to a deceased body for final disposition, grounded in the Fourteenth Amendment Due Process Clause. That right is clearly established. What is meant by "because this is a federal cause of action, it is not... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on May 19, 2024
When a federal cause of action is involved, it typically means that the issue at hand is governed by federal law rather than state law. In this context, the court is addressing a constitutional right protected under federal law, specifically the Fourteenth Amendment's Due Process Clause. Since... View More
My father signed over his vehicle due to the cost and only had 20 days even though the charges i had werent brought forth for a year later which were possession of controlled substance. Those charges were also dismissed due to inability to provide evidence with intent with their inventory search.... View More
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on May 9, 2024
As a practical matter, that vehicle is probably long gone - likely auctioned. Regardless of why your father signed over the vehicle, if he did in fact sign it over, then I think it's a done deal. I would think your father would have to establish some pretty significant police misconduct to... View More
My father signed over his vehicle due to the cost and only had 20 days even though the charges i had werent brought forth for a year later which were possession of controlled substance. Those charges were also dismissed due to inability to provide evidence with intent with their inventory search.... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 2, 2024
You may have grounds to reclaim the vehicle, but it will require a legal process. Given that the charges were dismissed due to lack of evidence and an invalid stop, your father's decision to sign over the vehicle under duress and without charges being filed at the time could be challenged.... View More
In 2022 i was pulled over for inoperable headlight, it then revealed a warrant which then resulted w inventory Vehicle Atlanta charges of possession of control substance Seizure of the vehicle which was My fathers. The war for the charges didn't become active for almost a year after I was... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 2, 2024
You may have grounds to sue the police department for rights violations if your arrest and vehicle seizure were unlawful. It's essential to consult with a civil rights attorney who can evaluate the specifics of your case, including the circumstances of the traffic stop, the validity of the... View More
In 2022 i was pulled over for inoperable headlight, it then revealed a warrant which then resulted w inventory Vehicle Atlanta charges of possession of control substance Seizure of the vehicle which was My fathers. The war for the charges didn't become active for almost a year after I was... View More
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on May 9, 2024
As to the car, you can't do anything. You said it's your father's car; only he has standing to do anything about it, even though you were the one arrested.
Drug forfeiture is complex. Essentially, the police provide notice of intent to seize the asset. The property owner has... View More
My drafts (3) for a Freedom of Information Act Request are being removed from my email before I have a chance to send it. I've attempted to request an investigation no response, then I attempted to complete a FOIA request that disappears. I know it's a first amendment violation what other... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Apr 16, 2024
Based on the information provided, there are several potential legal issues and violations that may be involved in this case:
1. First Amendment violation: As you mentioned, interfering with your right to free speech and petition the government for redress of grievances could be a violation... View More
I have been harrassed by my employer, confederate flags, gun clips, written up for no reason, etc.
As a black man I have many questions and need to speak to a lawyer.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Apr 8, 2024
I'm so sorry you've had to endure such intimidating and harassing behavior at your workplace. Displays of Confederate flags, gun clips, and being unfairly written up create a hostile work environment, especially for a Black employee. This is unacceptable and illegal discrimination.... View More
Can a state agency make you pay for something that you did not agree to pay basically it is contract that they put into motion with out your knowledge
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Apr 7, 2024
This is a complex legal question that doesn't have a simple yes or no answer. There are a few important considerations:
The U.S. Constitution protects the freedom of contract, meaning the government generally cannot force you into an agreement against your will. The 14th Amendment... View More
I'm 65 and lost my job because they said I may retire and they wanted to hire someone else.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Apr 4, 2024
The situation you've described may constitute age discrimination, which is illegal under federal law in the United States. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees who are 40 years of age or older.
Under the ADEA, it is... View More
I'm a volunteer driver for a public NPO, but I've been barred from driving due to false information. Despite disputing the reason given for the suspension, I was told (7 months later) my driving privileges would remain suspended until I provided medical authorization, which I believe is... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Apr 4, 2024
Based on the information you've provided, there are several potential legal issues and concerns regarding your situation as a volunteer driver for the NPO:
1. Medical authorization requirement: The NPO's demand for a doctor's release for a non-transport-related medical event... View More
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