Get free answers to your Constitutional Law legal questions from lawyers in your area.
If a plea deal is entered to by a defending party for whatever reason, even though the person may be innocent, does the prosecution still need to prove guilt or does an admission automatically situates his/her guilt?
answered on Feb 1, 2023
In most cases, an admission of guilt is sufficient. In some cases, corroborating evidence is necessary.
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
I caught the guy i been dating cheating went to the house he open the door and let me in and the girl assaulted me and the police report told a complete lie and stated things that never happen so they could charge me with burglary of habitation with intent to harm I went to the hospital for a... View More
answered on Jan 20, 2023
You should hire a criminal defense attorney to prove what actually happened to secure a not guilty verdict or, better yet, a dismissal.
Hello I am a 29 yo male, disabled. My mother is my caregiver at home. If i were to buy a high quality adult love doll, can my mother take, keep it from me, or throw it out legally?
She has already done it once before and i wish to get a replacement but now im seeing if im protected legally.... 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
I am an individual who is now struggling with a crippling gambling addiction that has ruined my life in every way imaginable in the past 6 months. I was first exposed to this online crypto casino via a live stream on a website where I watched entertainers stream themselves live playing video games,... View More
answered on Dec 19, 2022
Back in 2013, a group of class action plaintiffs lawyers met in Indianapolis to discuss the prospects of such litigation on a scale similar to the tobacco litigation.
Since then, a few smaller lawsuits have been filed that have typically ended unsuccessfully for the plaintiffs.
It... View More
answered on Dec 18, 2022
This question is too unclear to intelligently answer. You should consider rephrasing it
I was pulled over for speeding, my bf had a blue warrant. He didn’t report the last 7 months of parole.
We got pulled over in A different county & reside in another where warrant was issued late last year. Arresting officers and his lawyer (who I can’t get a hold of since one visit... View More
answered on Dec 18, 2022
It is business days and my guess is they will come get him, Retain a lawyer in the county the parole hearing will take place,
If a case was dismissed can a person be reindicted for the same case? And if so, what is the process regarding motions and cause numbers, which comes first the motion to indict or the cause number, can a motion be filed after the indictment or before?
answered on Dec 16, 2022
Yes, it would be a new cause number and they can try to indict, You could prepare a grand jury packet so retain a lawyer,
My insurance has said I’m not at fault is there anything I can do
answered on Dec 15, 2022
Your insurance company should be handling the case for you, If they are not handling the case retain a lawyer,
Short question is I had a lawyer that was going to take over my felony I was under the assumption that he had talked to my lawyer and got that paperwork taken care of I had called him regarding a court date he informed me that it had been canceled rescheduled in fact it hadn't been and now I... View More
answered on Dec 11, 2022
Retain a new lawyer and get the warrant taken care resokved,
answered on Dec 4, 2022
If you can afford to hire an attorney, thats the best way to try and prove it. Expect to pay a retainer - unless you have significant and measurable damages, an attorney won’t take your case for free (on a contingency fee, where they get paid in the end, only if you do…). You absolutely can... View More
I have 6 felonies4 of witch are sexual no convictions or arrests since 2008 no trucking company will touch me and iv had several of them tell me blatantly that I am disqualified from employment for my offenses
answered on Nov 23, 2022
The EEOC investigates claims of unlawful employment discrimination. It has published a guide on how and when employers may use a job applicant's arrest and conviction record to screen applicants. This guide is focused on when using this information to screen job applicants constitutes... View More
I feel my attorney has waived my right to fair and speedy trial. I have not consented to this and he has not informed me that he has or not. But being that I’ve been in this case over 2 years, going on 3 I feel that this is the case. I am looking for an answer to this question due to the fact... View More
answered on Nov 17, 2022
The law does not require a specific number of days or months. You DON'T have a right to a speedy trial until formal charges are filed, which for felonies means a grand jury indictment... but the clock on the statute of limitations does tick, and that does have a specific timeframe defined in... View More
following discharge from community superv./deferred adj. (Tx Govt code Art. 42A.106b) (assuming Strickland is met and 11.073 collateral consequences are sufficient enough to meet 'confinement' standard) addtl background: i was denied an order for non-disclosure under (411.081) because i... View More
answered on Aug 5, 2022
I have not seen any caselaw that will allow what you are seeking. Once you are not "actually confined" it is almost impossible to get habeas relief. You could litigate and appeal the issue but I do not see you being successful without a showing of signifigant or real confinment or other... View More
EXAMPLE:
The court ordered you to pay $2000 almost 2 years ago. According to the rules of civil procedure if you don’t pay within 10 days of when you were ordered the court can strike your pleadings. You have paid a total of $50 leaving an outstanding deposit balance of $1950. If that... View More
answered on Jun 26, 2022
I doubt the court will strike your pleadings but you need to pay or settle the case,
I made $20,000+yr for years until my health decline making my income drop significantly. I applied for benefits and I have been given misinformation, denied continuously,lied to, told my condition is not as severe as I think I is, have errors in case file, and more but yet has conditions and... View More
answered on Jun 26, 2022
You haven’t provided enough information for anyone to tell you if you have a good case or not. You also aren’t clear about whether you are wanting to obtain disability benefits or sue the SSA for discrimination. If you have already provided detailed information to several lawyers and they have... View More
I rent a room from a lady whos son is troublesome. The police had a arrest warrant for him but he wasn't there and neither was I at the time. They were mad because no one answered the door so they took my dog off of his leash and took him.
answered on Jun 22, 2022
They took your dog and left or they simply moved your dog to a different location? To be honest, if they claimed to be afraid of the dog then they could probably get away with shooting your dog dead.
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.