Get free answers to your Constitutional Law legal questions from lawyers in your area.
Can a lawyer withdraw from a civil case (representing 4 people) due to non payment, another lawyer take over the case and then later the first lawyer come back to represent a portion (2 out of the original 4)
Is that prejudicial or conflict in any way that judge would reject? This is in Texas
answered on Jul 13, 2023
Typically, a judge would not interfere unless one of the lawyer's original 4 clients complains. That said, if one of those clients complains that there is a conflict of interest that precludes the lawyer from reappearing only on behalf of 2 of the original 4 clients they previously... View More
When my ex left she told the police a bunch of lies to make it easier for her to leave state with my daughter. Afterwards I was harassed to the point that I wasn't even able to get my belongings from my house because literally every time I was seen I was pulled over and searched. I even fell... View More
answered on Jul 7, 2023
Your rights and remedies in this situation depend upon the particular facts and circumstances of your particular case, and some of those facts may not be within your knowledge at this time.
You should consult an attorney with substantial experience in civil rights litigation. F. Lee... View More
my wifes ex who i have never met or have had communication with up to third party, told the kids that he knows i bought a gun recently and that if i show up to the pick up and drop off that he would call the cops on me. The kids have also told me that he has driven 3 hours to my house that is on a... View More
answered on Jul 3, 2023
In your situation, which involves elements of family law, privacy law, and potentially harassment, here are a few possible steps you could consider:
Document Everything: Maintain a record of all incidents, noting the exact dates, times, and specifics of what happened. This could be crucial... View More
The Affirmative defenses until 2 weeks after it was filed
answered on Apr 19, 2023
If there are matters you wish to raise in avoidance of an affirmative defense (in essence, an affirmative defense to an affirmative defense), you must affirmatively plead them within the pleading deadline set by any applicable scheduling order.
Almost always, the discovery period will... View More
I want to file a new complaint
answered on Apr 13, 2023
It depends on the nature of the claim. An employment discrimination claim under Title I of the ADA must be filed within 90 days of the date you receive your right to sue letter from the EEOC.
A Title II or Title III claim must de filed within two years of the act complained of.... View More
If a defendant states to his lawyer and in court he wants to go to trial and no deals, how long does the state have to get the case in front of a jury? Especially, if the state has advised the judge at pre trial hearings on 2 occasions they were ready to go to trial only to cancel the day of or a... View More
answered on Mar 23, 2023
Speedy Trial is guaranteed by the 6th Amendment. In TX it is Article 1, Section 10 that gives you the same right. The courts must give you a speedy trial. The accused in jail while waiting for trial gets a faster trial then the accused who is out on bond. If you are in jail after 90-120 days since... View More
answered on Mar 17, 2023
There actually is a pending lawsuit against Fox News brought by Dominion Voting Systems arguing that Fox defamed Dominion. This case is set for trial April 17.
Suing a media member for defamation (i.e. libel and slander) is very difficult and expensive. Class action lawsuits are likewise... View More
due to a mistrial, my attorney informed the judge during trial that he would be filing for a motion to dismiss. we have been to court twice since the mistrial and he has not filed for that motion. He continuous to ask me if I would take a deal even though, he stated that he was going to file for a... View More
answered on Mar 10, 2023
It sounds to me like he is using the threat of a motion to dismiss (which will not necessarily be granted) as leverage in plea bargain negotiations.
If he files the motion to dismiss and ultimately prevails, you win.
If he files the motion to dismiss and loses, you lose that... View More
due to a mistrial, my attorney informed the judge during trial that he would be filing for a motion to dismiss. we have been to court twice since the mistrial and he has not filed for that motion. He continuous to ask me if I would take a deal even though, he stated that he was going to file for a... View More
answered on Mar 11, 2023
If you believe that your attorney has acted unethically, there are several steps you can take to hold them accountable:
Speak with your attorney: The first step is to try to communicate with your attorney and express your concerns. Ask them to explain why they have not filed the motion and... View More
My son was arrested for a crime but while in custody waiting for the trial the case numbers were changed
answered on Mar 11, 2023
Case numbers can be changed for various reasons, such as administrative errors or if the case is transferred to a different court. However, changing a case number after an arrest and while waiting for trial is unusual and may indicate that there have been significant changes to the case, such as a... View More
They are my ex-brother/mother/father in law, legal counsel and potentially a law enforcement agency. This began 4 months after my ex-husband filed for divorce, and has been taking place for 1 year and 7 months (roughly, to my knowledge). Who can help me stop them?
answered on Mar 2, 2023
Remote neural monitoring and V2K are not recognized by mainstream science as valid technologies, and there is no evidence that they actually exist or can be used to control or monitor individuals. Therefore, it is unlikely that you are experiencing these phenomena. If you are experiencing symptoms... View More
I have spent a lot of time on the law library. Everything that I have read states that after the indictment goes through each process of the grand jury. A true and correct copy is to be delivered by a warden of the court. I think a sheriff or constable ordered buy court to bring to the accused. I... View More
answered on Feb 28, 2023
There is a lot to unpack in your question. The bad news is that most of the mistakes made by the District Attorney's Office in Texas, can be fixed, without the dismissal of the case against you. Do not get your hopes up too high.
Nevertheless, there are many rules on the Grand Jury and... View More
I have spent a lot of time on the law library. Everything that I have read states that after the indictment goes through each process of the grand jury. A true and correct copy is to be delivered by a warden of the court. I think a sheriff or constable ordered buy court to bring to the accused. I... View More
answered on Mar 2, 2023
If you were not provided with a copy of your indictment, it may be possible to challenge the indictment and seek to have it quashed. However, the specific process for doing so will depend on the laws and procedures of the jurisdiction in which you were indicted.
In some cases, a defendant... View More
Cps has made several allegations, they only have endangering my kids, which i habe proof that it was not the case, they also acused.me of doing drugs, which i have a prescription for the drug that showed up in the result. "Their allegation is that I was a drug and not a prescription. Now that... View More
answered on Feb 28, 2023
Any time CPS initiates an investigation of you or your spouse, I strongly recommend you and your spouse retaining separate attorneys to represent each of you.
When choosing as attorney, you need to focus on family law attorneys in or near your county with prior recent experience handling... View More
Cps has made several allegations, they only have endangering my kids, which i habe proof that it was not the case, they also acused.me of doing drugs, which i have a prescription for the drug that showed up in the result. "Their allegation is that I was a drug and not a prescription. Now that... View More
answered on Mar 2, 2023
If you believe that the allegations made by CPS are false, you have the right to fight them. Here are some steps that you can take:
Document everything: Keep a detailed record of all interactions with CPS, including the date, time, and nature of each conversation. Take notes of what was... View More
We pay a membership to the gym and can't use it. The bar has an outdoor area specifically designed for recreation, but is technically 21 and up.
answered on Mar 2, 2023
It is possible that a business such as a gym or bar may have policies in place that restrict the presence of infants or young children due to safety concerns or other reasons. However, it is important to check with the specific business to understand their policies and any relevant laws or... View More
We pay a membership to the gym and can't use it. The bar has an outdoor area specifically designed for recreation, but is technically 21 and up.
answered on Feb 17, 2023
That’s a very interesting question. You may have to file a lawsuit to find out. A jury probably won’t have any sympathy for a mother who wants to bring a breastfeeding infant to a bar, but it’s probably a question of law for the court to decide.
The breastfeeding statute you cite... View More
My boyfriend who stays with me in this hotel room every day came back last night in a truck I’d never seen before, I figured it was his friends truck. The next evening he was leaving the parking lot of this hotel in the truck and the cops tried to stop him because apparently the truck was stolen.... View More
answered on Jan 28, 2023
If you are a registered guest and of the hotel and hotel staff has not taken any steps to terminate your occupancy, police generally have to secure a search warrant to enter and search your room unless there are exigent circumstances which would justify a warrant less search.
A boyfriend... View More
How to make them give the information up and is it a violation of my constitutional rights of due process.
answered on Jan 24, 2023
A Texas attorney could advise best, but your question remains open for two weeks and you may be losing valuable time if a public carrier is involved in an injury claim. At this point, consider reaching out to Texas accident attorneys to try to arrange a free initial consult - municipal carriers... View More
answered on Dec 28, 2022
Gideon v. Wainwright holds that an indigent defendant accused of a serious crime has the right to a court-appointed attorney at the state's expense.
The right of an indigent person to a court-appointed attorney at the state's expense in a civil case is much more narrow.... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.