Get free answers to your Constitutional Law legal questions from lawyers in your area.
My friend was arrested recently. I took her to the police department to retrieve a copy of her police report and they informed her that the report was not public record and she couldn't have it. Doesn't this go against the constitutionality of being able to view evidence against you, or... View More 
answered on Jun 15, 2020
There are two documents that are sometimes called a "police report." One of them is always a public document that should be on file at the clerk's office for the court where the case is pending. It is not technically public until formal charges are filed but some jurisdictions will... View More
If a person is pulled over because of a dim light over the license plate, and then it is discovered that the person has no driver's license, does this automatically give law enforcement grounds to search the car? The owner of the car was only a few blocks away, was called, and it was agreed... View More
answered on Jun 15, 2020
The vehicle can be searched if the driver gave consent. However, if officers arrested the driver then consent to search is not required. A person can be arrested for driving without a license.
If a person is alleged stealing from a store but the store camera doesn't have it or wasn't working and another customer videotapes it, can that video be admissible in court?
answered on Jun 11, 2020
It really depends on whether or not the video can be authenticated. Generally speaking it is possible that the video could be used.
I was furloughed for COVID 19, and my employer said for 2 months he couldn’t afford to call me back to work. All the men in my department were back and working the whole 2 months I was gone. Now he is offering me a lower pay rate and is putting me in another department, and replaced my shift with... View More
answered on Jun 9, 2020
It sounds like you may have a claim for sex discrimination under Title VII of the Civil Rights Act of 1964. To establish this claim, you have to prove you were qualified for your original job, you suffered an adverse employment action (a pay cut or demotion to a less favorable or prestigious job... View More
If a law enforcement agent sends a wired (wired as in hidden audio recorder) informant into another's car, would they need a warrant to do so? Texas has a one-party consent rule for taping conversations, which seems to undermine the Fourth Amendment, or even the Ninth Amendment.
Rights do I have for my cat ? Laws about animal cruelty?
answered on May 28, 2020
Was the animal injured? The animal cruelty law is in chapter 42 of the Texas Penal Code and you can read it here: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm#42.092
I served a 6 month sentence for the crime.
answered on May 27, 2020
A felony conviction causes you to be ineligible to own a firearm.
Is it constitutional that Miranda Rights are not read during arrests anymore, but only in pc court? Some counties, Montgomery County in Texas for instance, no longer seem to require officers to read rights during arrest. The next morning, they are read their rights at pc court, but usually they... View More
answered on May 10, 2020
Miranda rights are required to be read before a police officer conducts an in-custody interrogation. If the police officer asks questions that are meant to incriminate you and does not read you your Miranda rights then the State will not be able to use those answers against you in court. However,... View More
answered on May 5, 2020
Yes, if they have an arrest warrant or probable cause to believe you committed certain crimes that do not require a warrant. See chapter 14 of the Texas Code of Criminal Procedure.
https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm
Defendants are placed on bond restrictions, "parole" until their case ends, charged a fee and have to take UAs and if found innocent, are not reimbursed.
answered on Apr 19, 2020
Constitutionally, the judge has wide discretion to set the amount and conditions of bond. However, none of the bond conditions should require the defendant to confess to illegal behavior... so no Narcotics Anonymous or similar programs.
You have at least two options if you don't like... View More
1. I live with my boyfriend who has 2 adult daughters they do not live at home. The other night after being told not to come over they both barged in the house to come over “talk” to me . Haha they come to stir up problems. I told them to leave I wasn’t talking to them I went to bedroom shut... View More
answered on Apr 8, 2020
This question is marked as both Georgia and Texas. The exact rules that apply will depend on the location of the house. If the house is in Texas, you can't legally exclude them from the house if they are invited by their father... but you could leave him and move somewhere on your own... and... View More
They cut off his cell phone, and will only let him talk to us on speaker phone with them present. My Grandfather has asked to come home and for a lawyers number. Since they wouldn't let us talk to him, my mom and I made the 1 1/2 trip to Santa Fe TX. My Grandfather and my Cousin Amanda that... View More
answered on Jan 29, 2020
It sounds like an unpleasant situation but I'm not clear if you are asking a question or just venting about the cops. Your hypothetical male friend would not have a right to prevent your "escape" unless you committed a crime.
If your cousin Amanda did not have "apparent... View More
I was walking with a friend late at night and someone saw me and him and called the cops and they stopped me and questioned me about my bag and wanted to search it and it was 1 am and I told them no and they said usually people let us look if they aren’t hiding something but I wasn’t but I just... View More
answered on Jan 24, 2020
You have the right to refuse a request to search anytime, anywhere. After any such refusal, law enforcement would have to make the determination if circumstances justified a warrant less search, or if enough evidence existed to obtain a warrant for said search.
Does a police station have to release Information on a minor to a legal guardian?
answered on Jan 10, 2020
It depends on the information. Is the minor charged with delinquent conduct? Is an investigation pending?
answered on Jan 10, 2020
An attorney who deals with health care law, preferably familiar with HIPAA (the Health Insurance Portability and Accountability Act), which address disclosure and other issues with patient information. Good luck
Tim Akpinar
He was an officer from another county he signed a warrant for the county that I reside. There was no file date no state seal no judge's or magistrate signature on the paperwork.
answered on Jan 5, 2020
Consider contacting the Department of a Justice which is a federal agency. Good luck.
answered on Jan 2, 2020
You can download the application form on this bottom of this page: https://www.tdcj.texas.gov/bpp/forms/forms.html
answered on Dec 29, 2019
I'm sorry this happened to you. Unfortunately, based on the brief facts, there doesn't really seem to be anything there in terms of a legal cause of action. Good luck
Tim Akpinar
answered on Dec 22, 2019
If the suspect hasn't been charged with a crime yet, it is probably not going to happen. Contact the law enforcement agency that investigated the incident for an update.
answered on Dec 12, 2019
It depends what you're battling them about. Oil spill from one of their fuel barges, you need an environmental lawyer. Right-of-way or easement with one of their power lines, you need a land use or real estate lawyer. Electric bill issue, you need a consumer or business lawyer. Depending on... View More
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