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New York Constitutional Law Questions & Answers
Q: I need to prove that I am being tortured because the ppl doing it are getting away with it. I need representation.

Seeking legal advise but months later there is still no response on here.

Derek John Soltis
Derek John Soltis answered on May 10, 2020

Call an attorney that specializes in civil rights. You are not likely to get information that can help you on a public forum.

1 Answer | Asked in Civil Rights, Constitutional Law and Real Estate Law for New York on
Q: Relatives not heirs, invades and builds a house on a land that belong to senior heirs living in PR w/out permission

One or two bully relatives in Camuy Puerto Rico, not heirs, invaded and started to build on land that belong to disable senior heirs w/out their permissions; Three of the heirs died, one lives in NY, and the other 2 seniors own homes and lived on that land for years. Eventhough the senior heirs... Read more »

Elaine Shay
Elaine Shay answered on Apr 12, 2020

Since the property is in Puerto Rico, you should post your question in an area with attorneys from that jurisdiction.

1 Answer | Asked in Real Estate Law and Constitutional Law for New York on
Q: Can a person be denied purchase of a home in New York City simply because their social media page shows them hunting?

Friend is trying to purchase an apartment in NYC but has been told that they couldnt do the sale since he had pictures of himself hunting in Texas on his social media.

Gregory Byrnes
Gregory Byrnes answered on Mar 26, 2020

Yes, it's likely they can refuse to sell because they are not a protected class under Federal, State, or Local Law. If they are already in contract this would be a different story depending on the contract. You can check the AG's website for more information.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for New York on
Q: I have a Divorce Action pending. Who is the best Civil Rights Atty. in Albany, NY, that protects "Freedom of Religion"?

Also: I am at the Appeals Level of my case. I need help now. Time is of the essence.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 24, 2020

Contact your local bar association for attorney specialties and recommendations.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and DUI / DWI for New York on
Q: I was recently charged with a DWI. Breathalyzer concluded that my BAC was 0.03, I was then brought to the police HQ .

When I was brought back to the police headquarters the officer instructed me to look at the wall. NOTE: I was not given a clear and unequivocal warning that a chemical test was being performed and the consequences of not performing the test.

With that said, I replied to him, "look at... Read more »

Michael Arbeit
Michael Arbeit answered on Feb 4, 2020

When did the arrest happen and where? Did you go to the Refusal hearing? You need to retain an experienced criminal defense attorney for proper representation.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: 4th Amendment violation.

My son is on probation. He was scheduled to appear for violating his probation. I let him borrow my vehicle to get there. He showed up at the correct place, date, and time. While there he was arrested and bail set for violating probation. The probation officer was not there and instructed the... Read more »

Gary Kollin
Gary Kollin answered on Oct 26, 2019

You can talk to the supervisors in both departments.

You can file suit through an attorney if you can find an attorney which I doubt you will find because of the lack of damages

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: When someone consent to searches asked by an officer, would that be considered as a reasonable search ?
Gary Kollin
Gary Kollin answered on Oct 21, 2019

The issue of reasonable is no longer at issue once there is consent

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New York on
Q: Landlord walked in on me changing, I didn't pay rent because of it, they want to evict me. What action can I take?

My landlord/owner of the house I'm renting the basement opened my locked door while I was changing, walked right in. I did not pay rent for July ($200, verbal agreement to pay by the last day of each month) and was given a notice to pay within 2 weeks or vacate the premises. However, they made... Read more »

Elaine Shay
Elaine Shay answered on Aug 9, 2019

From the description of your living arrangements, I suspect that the unit is not "legal". As a result you may have defenses to claims for unpaid rent. However, unless you have a lease or are rent-regulated, provided the proper court process is commenced, the landlord will ultimately be... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Estate Planning for New York on
Q: My father inherited a car from my uncle who died. He tried to get it titled and DMV came to house & police repossessed i

Car was bought for $4000 and there was a another witness when transaction took place, but when my uncle died his fiance couldn't find the title. Married woman was selling car and it turns out she was getting divorced and it was not going well. When husband found out apparently he reported car... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 5, 2019

None. He never owned the car, and he knew it since he had no title.

1 Answer | Asked in Constitutional Law and Criminal Law for New York on
Q: If the police give you a search warrant but when they produce it in court its a different warrant is this legal
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 3, 2019

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,... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights, Communications Law and Constitutional Law for New York on
Q: is it my US legal right to be allowed to choose how communications (printed hardcopies vs online)are sent to me by NYCHA

I'm being forced to create an online account but i don't want an online "presence". I want to continuing receiving communications (statements, lease renewals, etc) by U.S. 1st class mail to keep all documentation in a physical file, not on a computer( i want a keep a physical... Read more »

Elaine Shay
Elaine Shay answered on Oct 1, 2018

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... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Small Claims for New York on
Q: I am the Mother, Can I file a Petition, Pro Se, requesting Supoena Duces Tecum to acquire Medical Examiner's Report?

I am the mother of the deceased daughter. Her husband blocked me from receiving the Coroner or Medical Examiner's Report of when she passed, how she passed.

Michael David Siegel
Michael David Siegel answered on Sep 27, 2018

No. You are not next of kin.

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: How does the child support collection agency that operates under the executive branch magically become judicial ?

They keep sending me &/or serving me papers..after I already told them I'm not interested in doing business with them & that I don't concent to any of it..& they still keep harassing me. Cease & desist letter was never answered & just ignored obviously. I'm ready to sue them .

Michael David Siegel
Michael David Siegel answered on Aug 8, 2018

Boy do you have no clue how this process works. Get ready for jail. Ignore them at your peril.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: Girlfriend in county jail, being denied suboxone while pregnant even though its prescribed by her physician. What to do?

She has been in county jail since last Tuesday (4/10) and is experiencing serious withdrawal from not taking her suboxone. The jail refuses to contact the physician to get the prescription for her, and the physician won't talk to anyone that isn't her because there were no consent forms... Read more »

Timothy Denison
Timothy Denison answered on Apr 16, 2018

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.

1 Answer | Asked in Personal Injury and Constitutional Law for New York on
Q: Are Judges liable under 42 USC 1983 if they rely on a legal statute that guarantees an outcome upon conclusion testimony

Silly example, but if a legal statute says that you must pay another person $100 if that other person claims under oath that they are entitled to it, and if the judge defers to this statute and uses it to justify his/her decision and order, could that judge be held liable under 42 USC 1983 for... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 27, 2017

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.

1 Answer | Asked in Business Law and Constitutional Law for New York on
Q: Is computer code a language protected by the first amendment?
Barry Eran Janay
Barry Eran Janay answered on Oct 30, 2017

I'm unaware of any case that says it's not afforded the protections...

1 Answer | Asked in Foreclosure, Appeals / Appellate Law and Constitutional Law for New York on
Q: Hello, will a knowledgeable person please respond to the following questions.

As the defendant, we just filed a motion to reargue based on plaintiffs recent filing of notice of summary judgment in their favor. We have what I believe are extreme questions of fact that the judge erroneously overlooked. It is my understanding that plaintiff now has 30 days to file opposition to... Read more »

Barry Eran Janay
Barry Eran Janay answered on Sep 8, 2017

Hire an attorney.

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
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

Had drugs in my bra and male officer with out my consent retrieved it again my name was not in warrant nor my description

William C. Head
William C. Head answered on Aug 15, 2017

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...
Read more »

1 Answer | Asked in Business Law, Constitutional Law, Environmental and International Law for New York on
Q: i have an academic question about intl law and treaties which might not have a certain answer:

As we know intl law and treaties have been created so as to regulate relation between intl community members(countries and intl organization) ,through which they would be able to achieve golas that have been conceived in different treaties and documents such as Un charter , environmental agreements... Read more »

Barry Eran Janay
Barry Eran Janay answered on Aug 9, 2017

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