New York Constitutional Law Questions & Answers

Q: If the police give you a search warrant but when they produce it in court its a different warrant is this legal

1 Answer | Asked in Constitutional Law and Criminal Law for New York on
Answered on Jan 3, 2019
Ali Shahrestani, Esq.'s answer
No, the warrant they actually used should be the warrant submitted as evidence of the lawful search and seizure. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law:...

Q: is it my US legal right to be allowed to choose how communications (printed hardcopies vs online)are sent to me by NYCHA

1 Answer | Asked in Real Estate Law, Civil Rights, Communications Law and Constitutional Law for New York on
Answered on Oct 1, 2018
Elaine Shay's answer
Are you referring to NYCHA's NextGen Online Certification Program? If so, you can inform your property manager that you are opting out of taking advantage of the new option for online recertification and requesst a traditional paper packet

https://www1.nyc.gov/site/nycha/about/press/pr-2017/nextgen-up-close-20170901.page

Q: How does the child support collection agency that operates under the executive branch magically become judicial ?

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Constitutional Law for New York on
Answered on Aug 8, 2018
Michael David Siegel's answer
Boy do you have no clue how this process works. Get ready for jail. Ignore them at your peril.

Q: Girlfriend in county jail, being denied suboxone while pregnant even though its prescribed by her physician. What to do?

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for New York on
Answered on Apr 16, 2018
Timothy Denison's answer
Have her lawyer redocket the case and get an order from the judge directing the jail to deliver and administer the medication in accordance with the physician s instructions.

Q: Are Judges liable under 42 USC 1983 if they rely on a legal statute that guarantees an outcome upon conclusion testimony

1 Answer | Asked in Personal Injury and Constitutional Law for New York on
Answered on Dec 27, 2017
Peter Munsing's answer
Judges for the most part have immunity. If they rely on a statute--that is what they are to do, so I'm not seeing the problem.

Q: Is computer code a language protected by the first amendment?

1 Answer | Asked in Business Law and Constitutional Law for New York on
Answered on Oct 30, 2017
Barry Eran Janay's answer
I'm unaware of any case that says it's not afforded the protections...

Q: I was in someone's house who's name was on a warrant but my name was not I was still arrested can this case be dismissed

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Answered on Aug 15, 2017
William Head's answer
Each case turns on its own facts. From what you put in this message, it seems to be an illegal search. Police have limited rights to search a person who is not named on a warrant, for safety purposes.

Call New York criminal law specialists Bob Baska, at this number, to get his detailed advice on your case. 315-399-0696. He previously worked for me.

He will handle, or refer you to a qualified attorney.

Tell him William Head referred you.

Q: i have an academic question about intl law and treaties which might not have a certain answer:

1 Answer | Asked in Business Law, Constitutional Law, Environmental and International Law for New York on
Answered on Aug 9, 2017
Barry Eran Janay's answer
This is a legal Q&A board, not a forum for expressing philosophical views on world politics and international relations.

Q: How can two grown people lose all their constitutional rights because of someone else's family court case

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for New York on
Answered on Jul 26, 2017
Ali Shahrestani, Esq.'s answer
This is too vague to answer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...

Q: Does a biological father have equal rights to his child as the mother

1 Answer | Asked in Constitutional Law and Family Law for New York on
Answered on Jul 18, 2017
Ali Shahrestani, Esq.'s answer
As a general premise, yes; but a custody decision depends on the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...

Q: Is it legal for a female to be topless in Cattaraugus County in Olean New York?

1 Answer | Asked in Constitutional Law and Criminal Law for New York on
Answered on Jul 8, 2017
Ali Shahrestani, Esq.'s answer
Topless where, in public? Usually it's illegal. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...

Q: IS THERE A WAY TO BE COMPENSATED BY THE STATE AFTER YOU ARE RELEASED BECAUSE OF MENTAL HEALTH ISSUES AND EMPLOYMENT ?

1 Answer | Asked in Employment Discrimination, Constitutional Law, Civil Rights and Criminal Law for New York on
Answered on Jun 6, 2017
Barry Eran Janay's answer
Depends on whether you were mistreated while you were incarcerated, which is a high bar. There are all sorts of programs available to help you get back on your feet and if you have a parole officer that person can guide you.

Q: A litigant convinces a NY Supreme Court Justice that a NY statute is unconstitutional- can he refuse to apply the law?

2 Answers | Asked in Contracts, Divorce and Constitutional Law for New York on
Answered on May 26, 2017
Ali Shahrestani, Esq.'s answer
What kind of divorce case are you dealing with that would be relevant to Const. Law? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...

Q: The state of New York decides its previous 30-year acknowledgement of a class of economic partnership was a mistake.

3 Answers | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New York on
Answered on May 26, 2017
Barry Eran Janay's answer
An NY Supreme Court (plenary, county court) justice can determine a law to be unconstitutional and not apply the law, he or she would have to have grounds for doing so based on principles constitutional jurisprudence, scrutiny, and review.

Q: What is the appropriate Court for a constitutional challenge to a NY statute?

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Answered on May 26, 2017
Barry Eran Janay's answer
A Federal District Court located in NY, preferably closest to where the harm / injury / or violation occurred.

Q: I was not allowed to testify on the stand for a Family Court visitation trial...

2 Answers | Asked in Child Custody, Family Law and Constitutional Law for New York on
Answered on May 8, 2017
Aubrey Claudius Galloway's answer
You absolutely had a constitutional, statutory as a right to speak up in your own defense; you said you "could not?" That's in important question so I will appreciate if u hit me back up.

Also... Just out of curiosity did the trail take place in Yonkers? Hal Greenwald?

Finally, a concept that has unfortunately been dropped, THE US CONSTITUTION, us something I just won't let happen.

If you want we can talk in further depth. If we got to that point I would like to see...

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