Search results

There will be no "report," per se. The OP can make a discovery request for the officer's notes or any documentation he generated as a result of the contact ... this is usually just the notes on the back of the citation.

The STOP cannot be for the smoking ... but, the offense for which the vehicle was stopped does not have to be cited, only articulated. It is possible that the officer made the stop for some other reason but chose to cite only for this offense. 118947. This act shall be known, and may be...

It would take a really proactive county with an aggressive TRO support staff an entire day to prepare and then hunt down a judge to sign TRO papers. Serving them would be another issue, and unless done immediately by friends of the protected party, could take days. I suspect that the paperwork...

He has been arrested. So, yes, they can hold him until arraignment. Most cases never require Miranda rights to be read, but if he was in custody and interrogated without the benefit of Miranda, then any statements made and the evidence that resulted can be suppressed. He needs legal counsel...

It sounds like you may have to take him back to court and ask that the judge hit him with contempt charges. Unfortunately, you cannot directly prevent the repossession.

Sounds like the police acted on good faith. You were identified by an employee as the suspect and detained for further investigation. Perfectly lawful. They had asked you to step outside, but you declined. So any further embarrassment you endured by remaining inside is arguably of your own...

It is not common for a grandparent to obtain custody when a parent is capable of caring for the child. What are the nature of the allegations made against you? Do the grandparents have anything to support their allegations against you? Could their argument be related to your disability, and...

At this point your best bet would be to keep silent, and seek legal counsel. If you cannot afford an attorney, one should be appointed for you at or before your arraignment. As I said, there may be issues that an attorney can raise but it depends on the details. We can "what if ..." the issue...

Then is there any reason to think that if you show up for court that the court might just turn your daughter over to you? If there are no issues or allegations, I find it hard to imagine that the grandparents might get custody as opposed to you. Who is currently caring for your daughter?

Miranda is only REQUIRED when you are both in custody and being interrogated. About 90% of arrests will not ever require Miranda rights be read. Now, if you were in custody (in cuffs or even in a loss prevention room clearly not free to go) then your attorney might be able to move to suppress...

Then about all you can do is conduct your actions pro bono, or, look for help through the County Bar or through aid services at a local law school, or maybe through some Family Court support offices if any such assistance exists. You will have to do a lot of work to try and find some free...

Attorneys don't just wander around doing pro bono work for this sort of thing. You may find some legal aid somewhere - law schools, through the County Bar, through a court service that assists people in your situation, but you will not likely find attorneys just volunteering to take the time to...

This is not a lawyer referral service. You can utilize the "Find Lawyers" link at the top of the page to try and help locate an attorney that might be able to help. There are a number of reasons why authorities might make entry to a building without a warrant and then subsequently condemn the...

No, I do not have access to Lexis Nexis. However, I can read the cases and the US Attorney's publications, and I have read a number of cases since 1999 that were cited as being a means around Lopez. Perhaps that is why the issue is not yet settled, because there are cases that seem to...

That's also reflected in the USC regarding the restoration of rights based upon state law.

However, the Gun Free Zone Act of 1990 has subsequently been revised and convictions post-Lopez have been upheld since 1999. So, the matter may not be so clear as you'd like to think. If it were, the issue would not still be batted around in the courts. It's not an issue we have to deal with...

As I recall the issues involve whether the Commerce Clause applies if ANY part of the weapon is manufactured or transported outside of the particular state. And I seem to recall some argument that most any retail/wholesale activity can be said to fall under the CC. Not saying I agree with it...

MSSA v. Holder (regarding Montana's attempt to hold intrastate manufacture of firearms exempt from federal law) is apparently still pending before the 9th Circuit. That will be the first step in determining whether a firearm manufactured intrastate is exempt from the Interstate Commerce Clause...

Unfortunately, in order to take legal action you need something a little less cryptic. They will need something concrete in order to act. Perhaps someone can get her alone with a doctor who can speak with her and then make the report to the authorities if she affirms she is being abused in...

No, it is a derogatory pejorative designed to both impute an evil motive and to sound amusing and clever while simultaneously invoking Godwin's law. The courts have found these cameras to be Constitutional in spite of your opinion or the opinion of some others. They are lawful in my state...