Get free answers to your Constitutional Law legal questions from lawyers in your area.
He was previously incarcerated in missouri DOC facility and its stated in his DOC records that he was prescibed medication for mental illness while in DOCs care,as well as being seen by health professionals while in their care. His medications are noted in the system, and he has mentioned needing... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023
If your friend is being denied prescribed medication for a mental illness while in jail, this may constitute a violation of his Eighth Amendment rights, which protect against cruel and unusual punishment. This could also raise concerns under the Americans with Disabilities Act if he is not being... View More
If they code enforcement condemns a home for ext violations, knowing there are tenants staying there can they be held liable for anything in the court of law. No notice to vacate, no notice on the premises at anytime saying the place is condemned. Is that not apart of due process? Letters sent to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023
In Missouri, tenants have the right to receive notice before being displaced from a condemned property. If code enforcement condemned a home without providing notice to tenants, there could potentially be a violation of due process rights.
Tenants who are suddenly displaced without proper... View More
In the State of Missouri, the Missouri Supreme Court-Office of Chief Disciplinary Counsel--is the only agency within the state, that has the power to investigate, ad/or determine, if someone, attorney or otherwise, is engaged in the lawful or unlawful practice of law. Can a United States Probation... View More
answered on Oct 25, 2023
Ordinarily, when a person is on probation, one of the terms of probation is not to commit another crime. For purposes of revoking probation, a probation officer can investigate to determine whether there is probable cause to believe the individual has committed another crime, whether it be a... View More
I don't think they read his miranda rights. Hes been in there for 7 days & I am jst gttng to tlk to him. thy said his public defndr can't get him out until at least 11 more days, but that is a maybe and his court date is set for an entire month from now and we can not afford a lawyer.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023
If you believe your fiance's constitutional rights are being violated while he is in jail, there are steps you can take to address the situation:
Contact an Attorney: Reach out to a criminal defense attorney as soon as possible. If you cannot afford one, inquire about whether your... View More
answered on Sep 13, 2023
Laws are often drafted by legislative aids, non-profit organizations, or think-tanks that try to avoid writing laws that violate other laws. Sometimes, they push the envelope and laws are drafted and adopted that are later declared to be either unconstitutional, or violative of other laws, or in... View More
& still does it still stand
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2023
In legal proceedings in Missouri, the admissibility of witness testimony and the validity of a warrant are subject to specific legal criteria and considerations. Whether a witness's testimony is admissible typically depends on factors such as relevance, hearsay rules, and compliance with... View More
with. Under my case file, it says it's for stealing, but I pled not guilty, and then missed my trial arraignment. I should only have a warrant for missing my court date since I was never officially sentenced, right? Should I turn myself in?
answered on Jun 28, 2023
Yes you should turn yourself in. But before you do you need to hire an attorney or speak to your current attorney.
The warrant even for failure to appear always references the charges even if you have plead not guilty. Either way when you have a warrant you need to get an attorney and... View More
answered on May 3, 2023
Look outside your local area to lawyers licensed to practice in Missouri federal courts who practice in the area of civil rights.
Increasing how much you are willing to pay for a lawyer’s services makes it more likely you will be able to find a lawyer who is willing to work for you.
I got the ticket in Missouri but while in his vehicle when he gave me the ticket on camera he never asked me to sign it on any of the signature spots is the ticket valid he didn't sign the printed out ticket anywhere either
answered on Oct 1, 2022
Yes, the ticket is valid. It makes no difference if the police officer didn't sign the ticket or if you didn't sign the ticket. After the police officer issues a ticket to a driver, the prosecutor has to approve the ticket, and then it goes to the court clerk to be filed on Casenet.... View More
Can you legally make me hire from one group and not from all others? If so, please explain to me how this is possible? I have 30 employees in a very diverse group, all nationalities, religions, gender, straight and not. But this new NFL rule has me concerned that in time it will be the government... View More
answered on Mar 30, 2022
The US Constitution places limits on government action, not on the conduct of private parties or organizations, such as the NFL. This is a common misconception among laypersons.
Denied medical care after contracting covid due to the jails negligence and unsanitary conditions also bond set so high he can't get out $350,000 judge refuses to lower it and has yet to have been in front of a judge for a formal hearing or arraignment for his charges they held his arraignment... View More
answered on Jan 2, 2022
A person may file a Section 1983 suit concerning lack of medical care by filing the complaint himself or hiring an attorney to do so. Attorneys who file civil rights suits generally do so on a contingency basis but are particular as to which suits they will choose to undertake given the... View More
Can an Article I judge deprive the US Court of Appeals of subject matter jurisdiction ?
I've been told something about it is caterized with "Slung-shot devices"
answered on May 22, 2021
A Missouri attorney could answer best, but your question remains open for two weeks. Monkey's fists are illegal in some states, and only a Missouri criminal attorney would be in a position to advise on the law in Missouri. You are correct in what you describe - although the knot was commonly... View More
Resulted from an illegal search and seizure...he conducted search after he told us we were free 2 go
answered on Feb 11, 2021
The judge can advise you that proceeding without an attorney may not be the best when faced with a felony charge. In order for you to proceed pro se, the judge has to make sure that you fully understand certain things prior to actually representing yourself and that you have the capacity to proceed... View More
answered on Feb 2, 2021
In general it is tough to find pro bono representation because you are asking a stranger to donate thousands of dollars of his or her time to your case. Therefore, you’ll need to be more specific if you want to catch someone’s attention.
In Section 1983 civil rights cases, prevailing... View More
Asking about a friend but curious because when said friend was detained by police and arrested, his firma complicated but he's also a felon so he doesn't know if he's being charged.
Will the warrant be dropped when going before a judge
answered on Nov 19, 2020
Yes. In fact it what normally happens so a hold is created so that the accused is not released from the holding facility upon resolution of that case.
answered on Nov 9, 2020
Of course you can be charged. Based on the post, I suspect that has happened. Whether someone ultimately gets convicted is another issue. Time to hire a criminal defense attorney.
They blamed Covid, but there was no notification and I missed work to be at court. I disagree with the ticket and now will need to take more time off whenever the ticket is entered and they set a new date. Am I guaranteed a speedy trial and if so, can I get this ticket dismissed. Had I missed... View More
answered on Oct 16, 2020
No, you can't get your ticket dismissed based on what you have stated. If you had missed the court date, the court would have mailed a letter to you to remind you that you missed your court date and would have re-set your court date on a future date. If the Prosecutor hasn't filed the... View More
I have a medical marijuana card in good standing in the state of missouri
answered on Oct 16, 2020
Even a valid medical marijuana card does have some limitations with regard to amount. Such as:
"Up to four ounces may be purchased per 30 days. The Department of Health may set limits on the amount of marijuana possessed, “provided that the limit is not less than a 60 days supply.”... View More
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.
