Get free answers to your Constitutional Law legal questions from lawyers in your area.
My father is serving a ten-year sentence in Federal State Prison after being wrongfully convicted of Medicare Fraud in Houston, TX. The case involved multiple individuals responsible for billing. Despite no new evidence, my father filed an appeal, which was dismissed by the judge for allegedly... View More 
answered on Jun 9, 2025
Your father needs to hire an attorney licensed to practice before the Fifth Circuit who handles criminal appeals. That attorney will evaluate the procedural facts to determine whether his appeal was timely. Your father has 14 days to file a petition for panel rehearing from the date of entry of... View More
I have a friend who is currently incarcerated in Michigan. He is a felon who was on parole for 9 months without any prior violations. Recently, he was arrested for possessing a firearm, leading to charges of felon in possession of a firearm and a parole violation. Given Michigan's laws on... View More
answered on Jun 8, 2025
No. Michigan law - like every state - is pretty clear that when you are a felon, you cannot possess firearms unless and until 3 or 5 years have passed since completion of incarceration / parole AND you properly apply for your gun rights. Since your friend is currently on parole, he is legally... View More
I live at a private railroad crossing in Tennessee, and the train frequently blocks our only way in and out for hours at a time. This affects not only me but also other residents in the area, creating a potential hazard since emergency vehicles cannot reach us, and there is no alternative route.... View More
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answered on Jun 6, 2025
I know of no possible remedy. Railroad either has an easement or owns the land where the road crosses the track. Either way is superior to any access you might claim since it is not blocking access all the time but only when the RR uses that track. Did you not search your title before you... View More
I was involved in an argument with a colleague in a public hallway at work, where I mentioned having a house full of guns to emphasize that I'm not the person to solve conflicts. Despite immediately apologizing for being aggressive, HR placed me on administrative leave, and I haven't... View More
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answered on Jun 4, 2025
The First Amendment of the United States Constitution protects freedom of speech from government interference. It does not generally protect you from actions by private individuals or companies. If your company is a private company, the First Amendment will likely have no application here, which... View More
My landlord sent out a notice requiring all tenants to sign a new addendum restricting firearm ownership within our apartments. I have not previously signed any lease terms concerning firearm ownership. The addendum is said to be mandatory, and I believe we should retain the right to protect our... View More
answered on Jun 2, 2025
If the restrictions are not already in your lease, and your lease is not up for renewal yet, then you cannot be required to sign the addendum; however, the landlord is not obligated to renew your lease at the end of the term. Unless you are in a public housing property, then you are dealing with a... View More
I want to file a lawsuit against politicians in my state for creating laws, specifically NY A 544, NY A 8406, NY S 1985, and NY S 4277, that infringe upon Second Amendment rights without due process. As a taxpayer in a high-tax state, I feel harmed by spending on these laws that may not withstand... View More
answered on May 29, 2025
In terms of the specifics of the laws, constitutional law scholars and family law attorneys probably have the most insight here (Amendments to Family Court Act - family law attorneys would probably know more about this than general civil litigation attorneys). But in general, what you mention... View More
I am currently serving in the military and was arrested and charged with larceny in Alaska, concerning a $32 watch taken during training, 14 days after the alleged incident. The military police claim CCTV footage shows me taking the watch, but I haven't been shown the footage or any images,... View More
answered on May 29, 2025
Generally to access bank account information they need a subpoena issued to the bank. However, businesses often turn over CCTV and internal records without subpoenas or search warrants since they want to facilitate the arrest/prosecution. Generally, the 4th amendment does not prohibit 3rd parties... View More
I was driving my commercial motor vehicle safely on a public road when I was stopped by a state trooper. The trooper claimed the stop was to conduct a safety inspection, but no violations were found during the inspection. I believe that stopping a commercial vehicle without first articulating a... View More
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answered on May 28, 2025
This is a very insightful and important question, especially for commercial drivers who operate under both state and federal regulatory frameworks. Let’s unpack the legal standards involved here.
General Rule: Reasonable Suspicion for Traffic Stops
Under the Fourth Amendment,... View More
The police obtained a search warrant for my smoke shop, claiming I was selling unlicensed items, and extended the search to my home, which is one hour away. They found nothing but took my personal money, paperwork, and phone. There were no receipts given. They arrived with guns, causing my wife to... View More
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answered on May 23, 2025
I’m sorry to hear about what you and your family experienced. In New York, law enforcement officers conducting searches must follow strict procedures governed by both state and federal law. When a search warrant is executed, the police must limit their actions to what is authorized by the warrant... View More
I am making a cardboard guillotine and plan on having paper cut-outs of the heads of different politicians and billionaires and when I asked ChatGPT it said that the guillotine would be fine to make but when I include the paper heads of actual people, I could be getting into the threat territory... View More
answered on May 14, 2025
What you are describing woud be protected First Amendment free speech. Signs brought to political protests and rallies would be subject to heightened protections. The only scenario where a sign could lose First Amendment protections is where the sign was deemed to be a "true threat."... View More
I was in prison when new charges were filed against me. About three months after a detective spoke to me in prison, I later discovered these charges had been formally filed, but I was not made aware of them during the remaining year of my prison term. No notifications were provided to me regarding... View More
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answered on May 12, 2025
Due process typically refers to you having the right to have any criminal case go through a court system, where you will eventually have your days in court to contest any charges. What it sounds like might be an issue is if you were served properly with a summons before the judge issued a warrant.... View More
I'm involved in a civil rights lawsuit where my rights under the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, and 14th Amendments have been violated and deprived under the color of law. Additionally, there has been evidence tampering, specifically with the alteration of sheriff bodycam footage.... View More
answered on May 3, 2025
The issue of the maximum amount you can claim by law and the predictable monetary value of a claim are two different questions.
For police/sheriff misconduct incidents, there are potential claims under both State (Fla.) law and Federal law. State law claims against State or local entities... View More
A month ago, I was contacted by law enforcement on private property after I had shut off my vehicle and exited it. The officer did not attempt to conduct a traffic stop while my vehicle was running and only turned on his lights after I was already walking up my friend's driveway. The reason... View More
answered on May 1, 2025
First, whether you were "read your rights" is irrelevant to the legality or validity of a traffic stop. It is only significant when the State is attempting to offer into evidence something you said during a custodial interrogation.
Second, shutting off and exiting your vehicle... View More
I was originally tried in Miami-Dade County, Florida, where a mistrial was declared following an improper Richardson hearing conducted by my attorney from the public defender's office. My attorney moved for a mistrial, citing a violation of double jeopardy rights evident on the record. I was... View More
answered on Apr 29, 2025
You can always raise issues in post conviction relief whether good or bad. The more focused part of your scenario deals with the motion for mistrial. Oftentimes, the motion for mistrial is a waiver of the double jeopardy claim. In your scenario you do not clearly state the reason for the mistrial,... View More
I am working on a recall election initiative under Florida Statute 100.361 against the city's mayor. We created bumper stickers with a slogan using our municipality's logo, which had a trademark that expired in 2013. The city still uses the logo and denied us permission to use it, citing... View More
answered on Apr 22, 2025
There are 3 types of trademark protection: federal, state, and common law.
Federal law protects your registered trademark in all 50 states.
State law protects your state-registered mark within the boundaries of that state.
Common law protects the geographic area within which... View More
I was convicted of assault with a device resembling a weapon in Rhode Island in 2014. I have completed all terms of my sentence and have had no legal issues or convictions since then. How can I get my gun rights restored?
answered on Apr 15, 2025
The answer to your question is complicated and uncertain.
In Rhode Island, whether a resident with an expunged felony conviction can legally possess a firearm depends on both state and federal law, as well as the specifics of the expungement.
Rhode Island State Law
•... View More
I am involved in a legal case where electronic surveillance search warrants for cellphone location data were granted on August 13, 2024, and August 20, 2024, by the same judge. The warrants are supposed to cover GPS phone location data from April 13, 2024, to the present date. The officer who... View More
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answered on Apr 15, 2025
What kind of legal case are you in? Criminal would involve an indictment and you might file a motion to suppress evidence elicited through the SW. But going after both SWs as illegal will probably fail as they sound based on probably cause. Your lawyer needs to start representing you. You... View More
I have been charged with possession of CDS, distribution, wandering, and possession on school grounds. However, nothing was found on me. During the process, the city police confiscated my girlfriend's car and executed a warrant to search my mother's home, but nothing was found at either... View More
answered on Apr 12, 2025
You need to do the only thing you can do when you are charged with a crime: hire a lawyer. The State feels its so important that you have a lawyer they will even pay for one for you, called the public defender if you make 125% or less of the poverty level. If you can afford a lawyer set up one... View More
I was falsely accused of trespassing and discriminated against by a staff member at a homeless shelter. The staff called the police on me, and I was threatened with jail time by both the staff and police, even though I didn't sign any documents or have my side of the story heard. There were... View More
answered on Apr 9, 2025
You don't mention why you believe you had authority to be there. A shelter is certainly not a facility where just anyone can walk in. Any establishment can prohibit any one from entering its property. Feel free to contact some discrimination attorneys. I am not a discrimination attorney.
I was convicted in 2015 for DUI and fleeing a peace officer in a motor vehicle under Minn. Stat. § 609.487, subd. 3, with a sentence of "stay of imposition." I have fully completed my sentence. Are my firearm rights automatically restored under Minnesota law, and does such restoration... View More
answered on Apr 29, 2025
Step one: Check the Minnesota Statutes definition of felony "crime of violence"Minn. Stat. § 624.712, subd. 5, to see if the crime of conviction is currently listed. If it is, a lifetime loss of civil rights is triggered (unless later restored by court order or pardon). Doing so, it... View More
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