Get free answers to your Constitutional Law legal questions from lawyers in your area.
answered on Aug 13, 2022
The Short answer is yes, there are circumstances where a previous juvenile conviction can be utilized in District Court when someone becomes an adult (gun possession charge after have been adjudicated a delinquent). There are also circumstances where you might have the State/ City/ Federal... View More
answered on Feb 24, 2022
If the officer has a legitimate purpose in accordance with their duties then yes they can ignore the posted signs and conduct their official business.
I was across town when i got the call and raced to the scene, but by the time i got there my daughter was sitting in the front of a police car and her dad had already been taken to jail and car was being towed away. My daughter was left alone, her dad handcuffed and taken to jail and car towed... View More
answered on Nov 1, 2021
Based on what you have stipulated in the question, your daughter was left with another officer. So short answer, Yes a minor can be left with another officer while her father was escorted to jail.
I am in the process off renouncing US citizenship and riding solely on my native citizenship. I as a Cherokee citizen should not have to carry US citizenship to have access to my ancestry and my ancestors land. I will ask for a chancellor to come into Indian territory “Oklahoma “ and conduct my... View More
answered on Oct 14, 2021
In a nut shell, the Native American tribes are considered domestic nations within the US not foreign nations (hence no US embassy). As a result you cannot denounce your US citizenship and expect to be able to remain in the US. This would restrict your business as well, unless you became a citizen... View More
They had all they needed to arrest the target of an investigation(a drug dealer), but did not, then wiretapped his phone to find out who his associates were and how they are involved with the target all while allowing the illegal activity in order to bust more than the original suspect. I’ve also... View More
answered on Sep 2, 2021
In order for the wire tap to be legal there would have to be a search warrant that set up the specific information be sought. Assuming they have that, then yes it is legal. Having what you need to arrest is a subject is a slippery slope that we wont get into here, because every criminal... View More
For two months I was kicked out by the judge when my roommate filed protection order which I later proved it all to be wrong and falsified to wear to judge turn around and put one on the roommate I had no clothes except for what was on my back that I was allowed to get nothing and at that time you... View More
answered on Apr 13, 2021
Legal standing basically means that the person/entity who is suing another has a reason to sue them - that they've been personally affected. For example (a silly example), if you and your spouse are having a hard time, a random passerby cannot sue your spouse for divorce on your behalf.... View More
If it's not an 85% crime or if it is but at the time of sentencing they said it was not do I have action to get this sentence off of me
answered on Jan 12, 2021
Yes. Section 843.5(c) is a crime against a child under Section 843.5, so it is an 85% crime. I can also tell you that I am very familiar with the Department of Corrections receiving sentencing paperwork indicating a crime is not 85% when in fact it is, and the court ordering a sentence to not be... View More
answered on Oct 1, 2020
The Civil Rights Act of 1991, 42 U.S.C., sec. 1981; et. seq. [including section 1983] is probably the law to be used. That Act adopts a state's statute of limitations period for personal injury claims as the time limitation. The issue being: in which state did the imprisonment first occur?
Her next court date isn't for another month and a half. She was on ankle monitor at time the crime happened and also there's a video of the couple that actually did it. She doesn't need to sit in jail any longer for something we never did. And what kind of legal action can we take... View More
4 years ago I received a deferred sentence for a felony conviction. In June 2020 I received a deferred sentence for a new felony charge. Is this legal?
answered on Aug 11, 2020
The answer to your question is "yes, it is legal." That is because you did not have more than one deferred judgment within the 10 years before committing the crime that led to you receiving the deferred judgment in June 2020. The relevant statute reads as follows:
"The... View More
answered on Jul 7, 2020
You should hire an attorney as soon as possible. Most judges do not like defendants to show up without an attorney, especially twice. Each judge has his or her own tolerance. If you believe you cannot afford an attorney, you need to demonstrate to the court everything you have done to try to hire... View More
I was arrested while I was arrested my house was broken into should I have been asked if I wanted to press charges or not
answered on May 3, 2020
The idea of "pressing charges" isn't really the way it works. The DA is the only one who can file charges (press charges). They have complete discretion. The police and the DA may ask you if you want to testify (come to court), but that is really as far as it goes. Now if they... View More
Can I have a case against the police department
answered on Apr 19, 2020
The question you present is not one that can simply be answered on a forum such as this. If you were arrested and no charges were filed, you could contact a civil rights attorney to review your case. If you were charged, you should hire (if you have not done so already) a criminal defense... View More
I was denied the right to a fair hearing I have strong evidence
answered on Oct 16, 2019
This isn't really a lawyer referral service; it's just a question-answer board. If you need an attorney, you could look one up in the Find-a-Lawyer section of this site, or conduct your own independent search for one. You could also check if the Oklahoma Bar Association's resources... View More
There is no history of any kind of child abuse and I have no criminal record before this . Please help
answered on Jul 13, 2019
These are very serious charges. You need to hire an attorney. No getting around that.
answered on Jun 27, 2019
Very important. The search must be within a specified time from the date it was signed by the Judge. If outside that time, the search could be quashed in Court.
They said $800 surety bond. They had already done several searches of clothing and everything checking pockets and all. Then all a sudden a officer comes in after he been locked in a cell and says he found contraband in a pockets that we know had been searched many times. He did have my son... View More
answered on Jun 27, 2019
Hire an attorney who should ask for any videos inside the jail facility showing the search of his pockets and discovery of the contraband.
answered on Jun 17, 2019
It depends on when the federal law was enacted, before or after the opinion, and whether or not the opinion addresses the statute and declares it unconstitutional or otherwise invalidates it.
answered on Jun 12, 2019
You have asked two complicated legal questions the answers to which would fill at least six shelves in any law library. Wanna try again?
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