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Municipal Law Questions & Answers
1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Municipal Law for Indiana on
Q: Are biker groups rides for a cause allowed to to run red lites as w funeral processions? In Indiana?
Andrew L. Bennett
Andrew L. Bennett answered on Oct 6, 2019

The short answer is no, however, if prior arrangements are made with the city or town to have a police escort then most likely it would be yes.

1 Answer | Asked in Criminal Law, Admiralty / Maritime and Municipal Law for Ohio on
Q: What if the defendant enters written bond into the case before the plaintiff can is that a dishonor?
Tim Akpinar
Tim Akpinar answered on Sep 30, 2019

Based on the limited facts, any admiralty/maritime issues involved were not clear.

Tim Akpinar

1 Answer | Asked in Real Estate Law, Constitutional Law and Municipal Law for Michigan on
Q: Can a building inspector enter into a private home without a warrant?

Local building inspector entered unoccupied private property without permission of owner or a warrant and take pictures to use as evidence in a civil procedure?

Can Camara v. Municipal Court (1967) or Mapp v. Ohio (1961) be cited to have the pictures deemed inadmissible?

David Soble
David Soble answered on Sep 19, 2019

Municipalities have wide latitude to enact building codes and enforce them for the benefit of public safety.

If the home is condemned or has other immediate safety issues, the city should have tagged the property and also sent out letters to the owners, based upon the owners' registered...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Tennessee on
Q: Can police have un-marked cars with regular plates not state or municipal plates on them.

I was referring to what are Dept. vehicles with no obvious markings and regular plates.

Anthony M. Avery
Anthony M. Avery answered on Sep 12, 2019

Absolutely. Many Law Enforcement Officers drive their own vehicles all the time, and still conduct stops and enforce laws. They may show a badge or activate their lights, or just follow you until you stop.

1 Answer | Asked in Criminal Law, Municipal Law and White Collar Crime for South Carolina on
Q: Can you be charged with burglary 3 in general sessions and burglary 3 in municipal Court at the same time.

I went to go look at my charges and they have them listed like that and one of the charges doesn't have an case number {inditemsnt number}. What does this all mean?

Ryan D Templeton
Ryan D Templeton answered on Aug 31, 2019

If you are looking at the charges on the public index it is more likely than not that one is an entry from bond court/prelim court which is in magistrate court and the second entry is the actual pending charge in general sessions court.

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: i had my boyfriend arrested for DV and this is his 6th one what would happen

and how long would he have

Matthew Williams
Matthew Williams answered on Aug 28, 2019

He would probably go to prison. How long depends on how it’s charged, what evidence there is, and who the judge is.

1 Answer | Asked in Traffic Tickets, Admiralty / Maritime and Municipal Law for Alabama on
Q: Can I defend against an unsworn complaint issued by an officer in the form of an "e-ticket" under 32-1-4(a)?

At bottom of ticket, it states "no signature required pursuant to 32-1-4(a)", but that code appears to be stating that the violator would be deemed to have given a written Bond to appear, not waiving officers' need to sign the complaint. Violated Montg. Municipal Ord. 1-9 adopted 32-6-65

Tim Akpinar
Tim Akpinar answered on Aug 26, 2019

This was posted under Admiralty/Maritime, but I was unable to find anything under maritime laws pertaining to the listed statute(s). It looks like it involves violation of a Montgomery Municipal Ordinance. Consult with an Alabama attorney, as it probably requires a prompt response/appearance where... Read more »

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Municipal Law for West Virginia on
Q: There was an arrest warrant completely filled out and signed by Magistrate and a search warrant with unfilled blanks

I was told that they had a warrant for my arrest never told me I was under a rest nor Read Me My Rights after they handcuffed me

Is it illegal arrests according to West Virginia law

Gary Kollin
Gary Kollin answered on Aug 18, 2019

already answered

1 Answer | Asked in Criminal Law and Municipal Law for Arizona on
Q: In the Arizona Revised Statutes, What is the Legal basis for an Attorney representing a hospital, to Quash a Subpeona?

I was arrested in the hospital for the charges of disorderly conduct/fighting ARS 13-2904A.1, I Subpeoned hospital staff involved directly in my care as witnesses for my defense.

Attorney for the hospital is going to argue in court today to have those Quashed. On what legal basis?

Mike Branum
Mike Branum answered on Aug 14, 2019

Without seeing the motion or hearing the argument it is impossible to say with certainty, but I can give you an example of a possible argument: damage to the hospital if forced to comply. The hospital could argue that calling their employees to testify could place hospital policies and procedures... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence and Municipal Law for Illinois on
Q: Can I call the judge who is reviewing a case and have them remove my letter of character?
William Wolf
William Wolf answered on Aug 11, 2019

No. You may not contact the judge. It is extremely inappropriate.

If you're the one accused and you are asking to have someone's letter on your behalf not be considered by the judge, you're going to have to talk to your attorney about it. If you're representing yourself, stop what you're...
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1 Answer | Asked in Civil Rights, Constitutional Law and Municipal Law for California on
Q: Where can I find a pro bono attorney? My intentions is to file case against Hayward Police Department, Alameda County

Justice system( court houses) and All day towing. Is there any way that you guys can help me find a pro bono attorney that is willing to fight for me. I went to Legal Aid in Hayward courthouse and they told me they cannot help me because I have a big case

Louis George Fazzi
Louis George Fazzi answered on Jul 30, 2019

Contact the County Bar Association in your county and ask for their lawyer referral service to request they refer you to a lawyer who can assist you with your case. You may not find someone to help you pro bono, but if you have a good case you won't have too much trouble finding a good lawyer to... Read more »

2 Answers | Asked in Civil Litigation, Contracts, Mergers & Acquisitions and Municipal Law for Alabama on
Q: Need a lawyer to represent public library?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

"Public" libraries are usually represented by a lawyer that works for the city or county that owns the library.

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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Nebraska on
Q: Arrested for missing court and released on bail set without personal appearance. Is this challengable

Apparently being pro se and trying to rescedule court on further hearing activated a warrant and upon my arrest it was without my appearance a bond was set two days later but i wasnt notified in jail for 6 days. Originally out on own recognance, seems it was staged for cash bond

Julie Fowler
Julie Fowler answered on Jul 24, 2019

There isn't enough information to answer. It could be. It is common for a party to sign a paper with the next hearing date when released. Sometimes people don't even remember or really notice the hearing date when they sign this. This isn't mandatory and there are also other ways for a notice... Read more »

1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Municipal Law for Louisiana on
Q: Do I have any recourse or a case?

During heavy rains, the small storm drain in front of my house gets overwhelmed and water backs up indoors. The city cleaned ditches for me once; the next time I contacted them they ignored me. This is not a flood zone at all. This is a miserable situation. Is the city responsible? If not, who? I... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 21, 2019

One option you could try is to contact a member of your local government for your district, maybe a city council member or someone along those lines. If the situation you describe is something that other residents in the vicinity are also experiencing, it's possible that an elected official might... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Georgia on
Q: Texas has a hold on my husband in GA. If they dont Pick him up within 14 days and file for an extention is he released?

Texas has a hold, husband is in GA jail (paulding) if they don't file for an extention immediately, does paulding county detention center HAVE to release him? Already have a lawyer working for him in TX, just need to get him out of jail here to get him home to myself and our children under 2 years... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 15, 2019

It all depends on the Sheriffs. Different counties have different policies. However, you may want to just check with TX and see when they are going to pick him up first. Because if they make a promise to pick him up he may not be released in 14 days.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Municipal Law for Arizona on
Q: Is it legal to be arrested because of a warrant for not appearing in court if I never received court date information?

I was never served or received any court documents about appearing in court over non payment for a furniture rental. I had no idea there was a warrant out for my arrest. I rented furniture from a rent to own furniture company and fell behind on the payments. The company was unwilling to make... Read more »

Mike Branum
Mike Branum answered on Jul 15, 2019

Typically a judgment may not be entered without the plaintiff demonstrating proof of service. If you were not personally served, the plaintiff may have used an alternative method of service such as service by publication (where the plaintiff runs a legal notice in a newspaper that covers the area... Read more »

1 Answer | Asked in Immigration Law and Municipal Law for New York on
Q: Can I as a non-us citizen, bring a victorinox multitool with a knife into NYC?

I'm going to a scout camp in WV, and want to bring my victorinox (swiss army knife). We're flying to New York LGA. Therefore i was wondering if i'd be allowed to bring it?

Leonard R. Boyer
Leonard R. Boyer answered on Jul 9, 2019

NO that is not legal at all, especially flying into an airport. I really do not know what you thinking.

1 Answer | Asked in Real Estate Law and Municipal Law for Wisconsin on
Q: Can I make the village replace my driveway from years of their snowplows turning around on it.

Even after asking them to stop they still kept turning around on my driveway. I waited as long as I could, and now it's destroyed. I want to know my rights before I go and meet with them.

Jason Anthony Greller
Jason Anthony Greller answered on Jul 9, 2019

You may be able to seek a remedy if you are able to prove that the damage was caused almost entirely from the plows and no other use or condition. That seems like a pretty high burden of proof.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Wisconsin on
Q: I'm charged with dis orderly conduct and obstruction of Justice but I did not committ either

Short version cops called for noise complaint was not our home after sever times calling wife lier I stepped in told him was not us I was on couch talking to son no music here he became extremely upset when I attempted to close screen door he than ripped off my door I called 911 asked for police... Read more »

Gary Kollin
Gary Kollin answered on Jul 6, 2019

Sounds like you should retain counsel.

1 Answer | Asked in Criminal Law and Municipal Law for Pennsylvania on
Q: 2707.1. Discharge of a firearm into an occupied structure? Do I need a lawyer and what am I looking at?

I fired two shots inside my house 9mm.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 3, 2019

You are charged with a felony of the third degree. Which means you could get up to 7 years in jail. There are defenses, and importantly the Commonwealth has to prove the case against you. Attorneys will be familiar with the charge against you, and all the players and potential outcomes.... Read more »

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