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New York Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for New York on
Q: Is it arguable that in a private school an “affirmative right” to free speech exists due to the state 8th amendment.

After reading the 8th amendment of the New York state constitution I thought of this question and I would appreciate some clarification especially when a New Jersey court has already ruled on in issue (persuasive precedent) in favor of free speech.

Derek John Soltis
Derek John Soltis
answered on Dec 31, 2016

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...
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1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for New York on
Q: If a judge reads a person their miranda rights would that indicate they are not neutral and detached? MORE IN DETAILS

I was convicted of DWI in August of 2012 in the Watkins Glen village court in N.Y. state. Absent any legal remedies to seal or expunge my conviction I have been looking for procedural errors in my case in order to file a 440 motion and vacate the charge. In my arraignment the judge actually read me... View More

Paul Stanko
Paul Stanko
answered on Sep 18, 2016

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?

1 Answer | Asked in Constitutional Law for New York on
Q: Is a motorcycle considered an automobile in regards to the U.S. Constitutional right to travel freely?

And if not, why not?

Paul Stanko
Paul Stanko
answered on Sep 15, 2016

A motorcyle is not an automoble. It IS a motor vehicle.

1 Answer | Asked in Constitutional Law for New York on
Q: Why is a citizen required to get an ID to travel on the public roads when the Constitution states this is a Human Right?
Paul Stanko
Paul Stanko
answered on Sep 15, 2016

What kind of ID are you referring to? Your question is incomplete.

1 Answer | Asked in Constitutional Law for New York on
Q: Can a person with indeterminate sentence be deprived of statute of frauds requirement of writing re: custody, ie: parole
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

I do not understand your question, perhaps you could make it more clear what you are asking.

1 Answer | Asked in Constitutional Law for New York on
Q: I was falsely imprisoned for 14 yrs until DNA testing excluded me and I was released. I've been harmed: any takers?

I'm looking for a lawyer willing to help me get on with whats left of my life after the horror of being falsely accused and wrongly imprisoned.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

This forum is not for the solicitation of business, basically. It is for simple legal questions, yours is quite complex.

1 Answer | Asked in Constitutional Law for New York on
Q: How can l take first amendment case to united state supreme court from new york
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

How? By hiring an attorney or a large firm for this, if you even have a case.

1 Answer | Asked in Constitutional Law for New York on
Q: What is one Supreme court case that deals with the 18th amendment?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

That requires research to answer, it is not just a basic legal question. look here: https://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_United_States_Constitution

1 Answer | Asked in Constitutional Law for New York on
Q: Had there ever been an attempt to make a temporary amendment to the US constitution?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Probably not. Efforts to make contitutional amendments are not a temporary type of thing/

1 Answer | Asked in Constitutional Law for New York on
Q: Why is the case Filley v. Pope, 115 U.S. 213 (1885) a Supreme Court case and not a case belonging to state jurisdiction?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Have you read it? Start with doing that, and then perhaps do an internet search to learn more about it.

1 Answer | Asked in Constitutional Law for New York on
Q: Who gave the opinion (majority) of the Supreme Court and what was the decision in case of miller el v dretke
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Here is a link which might help you: https://en.wikipedia.org/wiki/Miller-El_v._Dretke

1 Answer | Asked in Constitutional Law for New York on
Q: What is the NYS constitutional provision of the US 13th amendment?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Compare the two. Section 1.

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2.

Congress shall have power to...
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1 Answer | Asked in Constitutional Law for New York on
Q: Do I have a chance continue to fight my Habeas Petition in USA, because I was deported to prevent me from seek justice?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

You asked this question many years ago, when you needed actual "hands-on" legal advice.

1 Answer | Asked in Constitutional Law for New York on
Q: Why is not Bloomberg guilty of wrongfully Acting under Color of Law? What of NYC Art 7§ 144. Parks, playgrounds...
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 19, 2015

No one is going to give you a complete answer on the internet to a question like this. It requires a bunch of research to be able to answer.

1 Answer | Asked in Constitutional Law for New York on
Q: I only have the birth certificate, Social Security card, and proof residence.

I can get work with out I.D.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 17, 2015

I do not understand what you are asking here.

1 Answer | Asked in Constitutional Law for New York on
Q: How long does it take when a case is to be retried as per appellate court ruling
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

That depends upon how crowded the court docket is and a number of other factors, but usually, it does not take all that long, a few months perhaps. Speak with you own attorney about this instead of asking strangers on the internet.

1 Answer | Asked in Constitutional Law for New York on
Q: Is it legal for someone to walk down the street nude in New York?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 10, 2015

Probably not.

1 Answer | Asked in Constitutional Law for New York on
Q: Where does jurisdiction lie?

I am a Pro Se litigant and am wondering if you can assist me. The matter pertains to a state action by a local township and its original zoning and building ordinance. That township initiated a state action with an Injunction Pendente Lite; a New York State bench trial was held; and the justice... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 10, 2015

I do not understand why you are asking this question. You won.

1 Answer | Asked in Constitutional Law for New York on
Q: The courts can not move or proceed against me, so they trick is a 730 examination.HOW can i stop that unconstitutional

New york 730 examination procedure.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 7, 2015

You asked this question nearly a year ago, and part of the problem is that we do not know what you are talking about. When you have a legal problem it is always best to go see and pay for a private attorney.

1 Answer | Asked in Constitutional Law for New York on
Q: Can you request a change of Judge if you feel the judge can't be suitable for such a case?

It is a civil rights case however the presiding Judge has no background history. No cultural affiliation, advocacy or rulings favorable to multicultural americans.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 7, 2015

You have to have more than feelings in order to request that the judge recuse themself. They must be objective facts which are provable. Feelings are not objective facts.

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