New York Constitutional Law Questions & Answers

Q: can facebook be sued when a user posts private videos about someone else?

2 Answers | Asked in Civil Litigation, Constitutional Law, Internet Law and Libel & Slander for New York on
Answered on May 3, 2017
Ali Shahrestani, Esq.'s answer
A statute insulates social media from such suits. 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 & Child Custody, and Education Law....

Q: H1B Transfer - Urgent Help Need Please Advice

1 Answer | Asked in Employment Law, Immigration Law and Constitutional Law for New York on
Answered on May 2, 2017
Leonard R. Boyer's answer
You do have reason to be concerned. This must be handled exactly right. Both your companies either have or should have immigration attorneys. You questions should be directed to them. If you want to speak with a private attorney, you will have a consultation fee and a review of your documents will be required. Good luck.

Q: Is it illegal for a news reporter to film you without your consent on private property in nyc?

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Libel & Slander for New York on
Answered on Apr 29, 2017
Ali Shahrestani, Esq.'s answer
That sounds like trespassing and infringement of your privacy rights, assuming you told her to get out, stop filming, and didn't authorize the publication. 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...

Q: Is there an early legal drinking age set in place for those who believe in drinking for religious purposes?

1 Answer | Asked in Health Care Law, Constitutional Law and Criminal Law for New York on
Answered on Apr 27, 2017
Ali Shahrestani, Esq.'s answer
See: http://drinkingage.procon.org/view.resource.php?resourceID=002591

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 & Child...

Q: In the most plain language, what's the difference in Roth v. United States and Miller v. California obscenity decisions?

1 Answer | Asked in Appeals / Appellate Law, Communications Law and Constitutional Law for New York on
Answered on Apr 27, 2017
Ali Shahrestani, Esq.'s answer
See: http://courses.cs.vt.edu/professionalism/Censorship/3-prong-test.html

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: Can the feel of what keeps me physically disabled, be classified as violation of the 5th and 14th Amendment.

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for New York on
Answered on Apr 20, 2017
Aubrey Claudius Galloway's answer
This case seems like a difficult case to prove causation in, however, the first step to anything in this, is to send all of your healthcare providers duly executed HYPPA AZs requesting copy of ALL MEDICAL RECORDS FROM ALL DATES. They will then send you an invoice and once you pay it, and it is only copying fees, you will be send what is called a "CERTIFIED COPY" of your medical records. At this point, you can contact my office, or a litany of other attorneys who practiced this type of law...

Q: Which form to use to file charges against an employee union which violated by rights to duty of fair representation.

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for New York on
Answered on Apr 14, 2017
Aubrey Claudius Galloway's answer
I would go with a summons and complaint or a summons with notice

Q: Hello, I am wondering as to what, according to the most recent ruling, constitutes a person?

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Health Care Law for New York on
Answered on Apr 12, 2017
Aubrey Claudius Galloway's answer
Depending on the jurisdiction a fetus is viable (meaning a person) between 20 weeks and 24 weeks; in New York State fetus is considered viable after 24 weeks.

So to answer your question concisely after 24 weeks hey fetus is considered A person

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

1 Answer | Asked in Business Law, Contracts, Divorce and Constitutional Law for New York on
Answered on Mar 22, 2017
Ali Shahrestani, Esq.'s answer
Your facts are vague. 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. 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 answer does not constitute legal advice;...

Q: NYS: I heard that red light cameras tickets are against the state constitution because tickets must be witnessed

1 Answer | Asked in Constitutional Law and Traffic Tickets for New York on
Answered on Mar 6, 2017
Barry Eran Janay's answer
Last I checked they were being enforced, the "witness" issue you raise is a red herring since a police officer / camera technician can be called as a witness. If you're planning on blowing by red lights I urge you not to ;)

Q: I understand the rights of Jehovah's Witnesses. What are my rights as a homeowner?

1 Answer | Asked in Real Estate Law and Constitutional Law for New York on
Answered on Feb 21, 2017
Barry Eran Janay's answer
Until it becomes harassment, as that term has been interpreted and defined by the courts, you likely have no recourse. If you are offended and wanted to get a civil restraining order that would be at significant cost for a private attorney to do for you and there would not be a guarantee of any particular outcome.

Q: Can a off-duty cop conduct a 10-year criminal investigation?

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Criminal Law for New York on
Answered on Feb 8, 2017
Ali Shahrestani, Esq.'s answer
There's no inherent wrong-doing here in your presented information, but it depends on all 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. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...

Q: what was supreme court decision on Endo vs United States case?

1 Answer | Asked in Constitutional Law for New York on
Answered on Feb 4, 2017
Ali Shahrestani, Esq.'s answer
See: https://supreme.justia.com/cases/federal/us/323/283/

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. 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 answer does not constitute legal advice; make any predictions,...

Q: Background checks on family members?

1 Answer | Asked in Constitutional Law and Employment Law for New York on
Answered on Feb 3, 2017
Ali Shahrestani, Esq.'s answer
Background checks look at publicly available information and private information of the applicant upon the applicant's approval. 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. 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 answer...

Q: Is it an impeachable offense for an American president to go against the Constitution of the United States?

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New York on
Answered on Feb 2, 2017
Ali Shahrestani, Esq.'s answer
Great question! The President is supposed to uphold the Constitution of the USA. If he issues executive orders or takes other actions that clearly violate the Constitution, this may be a basis for impeachment. However, there are so many nuanced interpretations of Constitutional law that a President may issue executive orders that are arguably couched in the Constitution.

See: http://www.gq.com/story/donald-trump-executive-orders-explained

Also See:...

Q: WHAT IS THE MILLER ACT

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Answered on Jan 24, 2017
Ali Shahrestani, Esq.'s answer
See: http://www.zlien.com/bond-claims/new-york-little-miller-act-statute/

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. 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 answer does not constitute legal advice; make any...

Q: Do nolo contendere pleas have to be voluntary? If so, can you please link me to a Supreme Court Case or anything else?

1 Answer | Asked in Constitutional Law and Criminal Law for New York on
Answered on Jan 20, 2017
Ali Shahrestani, Esq.'s answer
All pleas in criminal matters should be voluntary. 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. 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 answer does not constitute legal advice; make any predictions, guarantees, or...

Q: Bully Lawyer

2 Answers | Asked in Civil Rights, Constitutional Law and Libel & Slander for New York on
Answered on Jan 19, 2017
Ali Shahrestani, Esq.'s answer
You don't have to sign such an agreement. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Q: Is it arguable that in a private school an “affirmative right” to free speech exists due to the state 8th amendment.

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for New York on
Answered on Dec 31, 2016
Derek John Soltis' answer
A New Jersey court's opinion about free speech does not affect the New York Court System. Each State's court rulings are only persuasive when trying to be introduced into a different state's court.

Read this article on how freedom of speech plays out in New York and California as examples: http://www.urbanlegendnews.org/features/2015/02/10/free-speech-rights-play-out-differently-at-private-schools-than-at-public-schools/

Q: If a judge reads a person their miranda rights would that indicate they are not neutral and detached? MORE IN DETAILS

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for New York on
Answered on Sep 18, 2016
Paul Stanko's answer
You should have a lawyer handling this. There is no problem with a judge advising you of your rights---in fact that is required at an arraignment. Miranda warnings are not even required absent custodial interrogation. Were you interrogated while in custody?

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