It seems it's been pick and choose with my disabilities for them and very nasty remarks and treatment from Court officials when I did get paperwork to go and showed up. I get bare minimum and part of my check goes to a woman who gets disability herself ? ?
I'm involved in a case where a federal judge talked to plaintiff counsel in private during a hearing and never spoke to myself. I represent myself in the case. This infraction happened twice and after these meeting motions was granted against me. I have on record of last hearing where Judge... Read more »
No real answer here other than to say you really should be consulting with an attorney versed in federal court procedure, and at least consult with an attorney about helping you draft an appeal. It is unclear from your question how the judge spoke with plaintiff's counsel ex parte; it almost...Read more »
Michigan is under a "stay home, stay safe" order which bans assembly of more than 10 people. Am I protected by the 1st Amendment to peacefully essemble? Does this order supersede my constitutional rights?
Great question! Not sure if you're asking in theory or in practice. But yes, in times of crises, orders and laws can be made that may infringe on certain constitutional rights. When doing so on fundamental rights, the government must show a compelling need and ensure that the law or order is...Read more »
Yes, quite likely. Generally, you may film or take pictures of anything or anyone you can see from where you are lawfully present. What you do with those images is a different matter. Although I would say that the law allows far more than what personal ethics and morals might.
Payment. As of today January 23rd 2020 I still have not received an eviction notice however but regardless to this day I have not got a written reason why my water has been shut off or a not even a verbal reason they haven't said one word to me about it earlier that I had look into it and... Read more »
I was just recently exonerated from a second degree murder charge I was originally serving a 8 year sentence for great bodily harm which I was given 6 to 10 years and an additional 2 years to be served consecutively which was 8 years total however 3 months after being in the doc the police hit me... Read more »
The answer is going to depend on how you were convicted of the murder charge. Did you go to trial and lose? If you plead guilty, then I think you'll be out of luck. I don't think being held beyond your ERD is relevant, although I totally understand where you are coming from with it....Read more »
You must stop and identify yourself to police when requested; it is a crime in itself not to do so or to provide false information. If you do not, the police can detain you until your identity can be ascertained.
As to the ski mask in public, walking down the street may not be an issue,...Read more »
Given that the state of Michigan does not allow for slavery except in the punishment of a crime and that no fault divorce is not a crime how does the Michigan supreme court fail to rule all Family Court Spousal Support claims and rulings as unconstitutional. Once a union is dissolved continued... Read more »
I see that you are a student of the law; that's good.
By your logic, shouldn't wage garnishments in general be abolished? And in fact civil litigation between private individuals should be unconstitutional, no? After all, how is that you should be able to sue me and take my money...Read more »
They moved her to Mississippi. Now the niece is refusing to let my husband and his brother into the house to get their dads personal stuff. She even sent a detailed email stating we could go in. Then called and retracted the email verbally. What are the rights of my husband and his brother. If any,
Good question! But no, a civil and criminal are two different tracks. The main reason being is the vastly different burden of proof. In criminal matters, you are dealing with "beyond a reasonable doubt", which is like 90% certainty. In civil matters, you are most often dealing with...Read more »
Depending upon the facts and circumstances, it could potentially form the basis for appellate relief (if an appeal is still available) or a motion for relief from judgment. You should consult with an appellate lawyer to see what, if any, potential grounds for relief are available.
I divorced my 1st wife in 2012, married my current ex-wife in 2014 and my 1st ex and my daughter(18) keeps harassing in public, online, my own family now involved and all their friends. I have had cease and desist letters sent out, told them I don't want contact and they still do. Have posts... Read more »
Without seeing the actual lease AND the inventory/checklist forms and determining if all the documents comply with all applicable Michigan landlord/tenant laws, it is impossible to say what (if anything) a tenant may be responsible for.
IN GENERAL provided you have properly dotted your...Read more »
My son is serving time for CSC 2nd degree. At the alleged time of allegations he was 16. Jail until 17/18 then charged. His name is incorrect and date of birth on court records. He was charged as a minor (13/14) for CSC and record was closed. When he was arrested he was 16 years old and treated as... Read more »
If you are the victim of ANY crime you should contact the police and make a report.
If you are uncertain as to whether or not the activity is really criminal, or as to other details, then you should contact and hire an attorney BEFORE contacting the police. You may not want to involve the...Read more »
Too many factors at play to give a good answer, but let me provide a framework for analysis:
If you're thinking along the lines of invasion of privacy, then it would seem that this video was taken in some place or of something where an expectation of privacy existed for the person in...Read more »
I am on probation in michigan usa for a DUI, but i have SERIOUS mental health problems including insomnia, depression, adhd, anxiety, bi-polar. I was reccomended i get my medical marijuana card, can i do that while on probation?
You would first need to inquire with your probation officer, and then possibly have the judge's permission. Contrary to what many people believe, marijuana is not prescribed like a doctor may do for ordinary medication from a pharmacy. Because of that, judges don't have to allow you to...Read more »
Police do discrimination and racial profiling against me. They defame my reputation everywhere. I want to file a lawsuit against police for violating my constitutional and civil rights, and to bring my witnesses to the court to testify under the oath.
Perhaps your first stop should be to the police department to make a formal complaint with that department's internal affairs. Your next stop could be to a civil rights attorney. Successful claims show a pattern of discrimination and profiling, and without substantial evidence of that, an...Read more »
The FBI is a federal agency tasked with investigating and enforcing federal laws. Under our system of government, states are sovereign and can make, enforce, and investigate their own laws. The FBI has nothing to do with state law enforcement unless something becomes a federal issue.
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.