what lawyer will fight for my constitional rights

by Seamus Borer DVM 7 min read

Why hire a constitutional law attorney?

Apr 13, 2018 · A constitutional law attorney can support the plaintiff in the litigation if the plaintiff considers that his or her constitutional rights have been violated. Should I Hire an Attorney? If you are faced with an issue in which your constitutional rights that have been violated, it is essential to hire a skilled government lawyer. Since constitutional law is very complex and you have the …

Why do lawyers litigate constitutional issues?

Oct 27, 2021 · 2 attorney answers. Solicitations are not allowed here. You can call Constitutional lawyers in your area (try Google or the Find a Lawyer tab at the top of this page) and ask them to consider taking up your case. The lawyers will expect to be paid up-front at least in part for their valuable legal services.

Are law enforcement officers trained to protect your constitutional rights?

Mar 01, 2019 · Attorney Andrew Shubin will fight to redress the constitutional rights that have been denied to you. Call (814) 826-3586 for more information or to schedule a free consultation. Common Misconceptions About Constitutional Law Criminal Cases

What are constitutional rights?

If your legal issue involves things like First Amendment rights -- such as freedom of speech, press, and religion -- or privacy rights or due process right, a constitutional law lawyer may be able to help. Use FindLaw to hire a local constitutional law lawyer to assist you with your individual rights issue or help you understand how ...

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What is violating my constitutional rights?

Constitutional rights violations can take a variety of forms, ranging from retaliating against you for expressing your First Amendment right to free speech, to arresting you without possessing probable cause to believe you have committed a crime, or even arbitrarily depriving you of your Fourteenth Amendment right to ...

What can citizens do if their rights are violated by the government?

Someone who has suffered a violation of their civil rights at the hands of a state or local government official can bring a Section 1983 claim. Section 1983 (42 USC Section 1983) is a federal law that allows citizens to sue in certain situations for violations of rights conferred by the US Constitution or federal laws.May 24, 2021

Who enforces constitutional rights?

Section 5. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

What type of lawyer fights civil rights?

A civil rights attorney is a type of law professional that specializes in the protection of people's civil rights and liberties. These are rights granted by the United States Constitution.Jul 13, 2020

Can the government take away your constitutional rights?

The U.S. Constitution protects basic rights throughout the criminal justice process. The government cannot violate your constitutional rights.

Can you sue the government for violating the Constitution?

There is a fundamental inequity in the ability of Americans to enforce their rights under the United States Constitution. If a person's constitutional rights are violated by local or state government actors, the person can sue the government actors for damages to compensate for the harm suffered.Oct 10, 2021

What amendment is fighting a lawsuit?

Sixth Amendment Activities | United States Courts.

What are some modern examples of how the rights of the Constitution are violated?

5 Ways Your Constitutional Rights Are Being ViolatedGovernment Intimidation of the Press. ... NSA Spying. ... No-Fly Lists. ... Absurd Drug Sentencing Laws. ... Debtors Prisons.Apr 7, 2013

Can judges violate constitutional rights?

Clothed with the power of the state and authorized to pass judgment on the most basic aspects of everyday life, a judge can deprive citizens of liberty and property in complete disregard of the Constitution.

What are some examples of civil rights violations?

Choose from this list to see example civil rights violations:Workplace discrimination or other employment-related problem.Housing discrimination or harassment.Discrimination at a school, educational program or service, or related to receiving education.Mistreated by police, correctional staff, or inmates.More items...

What does civil rights law consist of?

The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin. Provisions of this civil rights act forbade discrimination on the basis of sex, as well as, race in hiring, promoting, and firing.

What are a person's civil rights?

Civil rights are an essential component of democracy. They're guarantees of equal social opportunities and protection under the law, regardless of race, religion, or other characteristics. Examples are the rights to vote, to a fair trial, to government services, and to a public education.Mar 8, 2022

What does a constitutional lawyer do?

Constitutional law attorneys defend the U.S. Constitution and the rights and freedoms of U.S. citizens. That includes arguing that a law adopted by a state legislature or Congress is unconstitutional or constitutional.

What are the issues that the writers of the U.S. Constitution could have never anticipated emerge?

As American society evolves, new issues that the writers of the U.S. Constitution could have never anticipated emerge, such as gay rights, must be litigated by constitutional lawyers to determine if the way the new issues are addressed legally are or are not constitutional.

2 attorney answers

Solicitations are not allowed here. You can call Constitutional lawyers in your area (try Google or the Find a Lawyer tab at the top of this page) and ask them to consider taking up your case. The lawyers will expect to be paid up-front at least in part for their valuable legal services.

Rixon Charles Rafter III

Did you get a polio shot when you were a kid? Do you ever take an aspirin for a headache? Would you refuse a blood transfusion to save your life? Jehovah Witnesses don't.

Which amendment protects the right to assemble?

The First Amendment of the United States Constitution prohibits governmental institutions from making laws that can impact or constrain the free exercise of religion, free speech, freedom to associate commonly known as the right to assemble or petition the government for a redress of grievances. The Fourteenth Amendment requires states to honor and protect the constitutional rights guaranteed under the US Constitution.

What was the successful defense of a journalist on First Amendment grounds?

Successful defense of a journalist on First Amendment grounds when the journalist was criminally prosecuted for photographing a student riot. Secured dismissal of criminal charges against 16 activists conducting peaceful protest during presidential visit.

What is the most common misconception in civil rights violations of criminal defendants?

The most common misconception in civil rights violations of criminal defendants is that law enforcement officials are trained and will protect your constitutional rights. Attorney Andrew Shubin has seen first-hand that this is not always the case.

What are civil rights violations?

Our work representing victims of civil rights violations in criminal cases includes: 1 Successful defense of a journalist on First Amendment grounds when the journalist was criminally prosecuted for photographing a student riot. 2 Secured dismissal of criminal charges against 16 activists conducting peaceful protest during presidential visit. 3 A 26-year sentence reduction in a federal criminal case by uncovering police and prosecutorial misconduct. 4 Prosecuted a First Amendment prisoner’s rights claim before the U.S. Supreme Court. 5 Fought against mandatory minimum sentencing before the Pennsylvania Supreme Court. 6 Dismissal of evidence against a defendant that was the fruits of an illegal search by demonstrating that police officers falsified information to secure a warrant. 7 Secured monetary damages for an inmate’s family after suing county prison for civil rights violation resulting in a suicide.

What cases did the Supreme Court rule in 2018?

In 2018, the US Supreme Court issued decisions on cases related to a baker, labor unions, cell phone companies, internet retailers, a political party, an athletic association and others. Another misconception is that constitutional violations don’t happen anymore. The recent decision of Obergefell v.

What is the right to privacy?

Right of Privacy imposes a limitation on intrusion upon your privacy. Violations to this right has been found regarding intimately personal matters such as sexual relations, child rearing and marriage, known as “zones of privacy.” These constitutional “zones of privacy” can extend to various aspects of personal life. As noted by the Supreme Court ruling in Lawrence v. Texas, “it is a promise of the Constitution that there is a realm of personal liberty which the government may not enter.”

How has the Constitution been modified?

The Constitution has been modified by amendments and interpreted differently through tried cases – new and complex challenges to existing case law have recently been tried at the Supreme Court. Criminal or civil violations continuously raise new questions of civil rights.

What is the name of the person who represents you when you can't afford to hire an attorney?

If you cannot afford to hire an attorney, a lawyer commonly known as a public defender will represent you. If you have the means, you should hire an attorney who will fight to protect your constitutional rights, reputation, and freedom.

Which amendment protects you from unnecessary delays?

Sixth Amendment to the United States Constitution and Article I, Section 14 of the South Carolina Constitution. You have the right to a speedy and public jury trial. You are protected from unnecessary delays between your indictment and the beginning of your trial.

Why are criminal defense attorneys called the last champions?

Criminal defense attorneys have been called “liberty’s last champions” because we fight to protect our clients’ constitutional rights and to secure their freedom. To quote defense attorney John Delgado: “If the prosecutor represents the government, we [as criminal defense attorneys] represent the Constitution.”.

What is the 6th amendment?

Sixth Amendment to the United States Constitution and Article I, Section 14 of the South Carolina Constitution. You have the right to a lawyer who will represent you against the government’s accusation. If you cannot afford to hire an attorney, a lawyer commonly known as a public defender will represent you.

Which amendment gives the right to refuse unreasonable searches?

Fourth Amendment to the United States Constitution and Article I, Section 10 of the South Carolina Constitution. You have the right to refuse unreasonable searches, seizures, and invasions of privacy of your person or property.

Which amendments protect you from criminal charges in South Carolina?

Sixth and Fourteenth Amendments to the United States Constitution and Article I, Section 14 of the South Carolina Constitution. If you are facing a criminal charge, you have the right to present a complete defense to the charges against you.

Which amendment protects you from self-incrimination?

Fifth Amendment to the United States Constitution and Article I, Section 12 of the South Carolina Constitution. You have the right to defend yourself against self-incrimination. In other words, you do not have to answer any questions without the advice and presence of your lawyer.

Litigating High Stakes Civil and Constitutional Rights Cases

With more than 150 years of collective legal experience, the attorneys at TLG have built a strong reputation for successfully litigating complex and high-stakes civil and constitutional rights cases.

In-Depth Understanding of the Law

At Tucker Law Group, LLC our lawyers have a deep understanding of the complicated legal issues that so often arise in civil and constitutional rights cases.

Trusted and Experienced Trial Attorneys Focused on Results

At Tucker Law Group, LLC we focus on “Making Results Happen”. Whether we are defending a police officer accused of misconduct, or representing a victim of employment discrimination, we know just how much is at stake in these types of situations.

What was left behind in the DCF?

Left behind was a DCF phone number, a parent’s pamphlet, and the sad news that her children were being placed in “foster care.”. Lucy pleaded with the social worker not to take the children. This fell on deaf ears. Lucy next said to place all four children together. The social worker said, “I can’t make any promises.”.

What were the allegations against Lucy?

The allegations were that Lucy was abusing prescription drugs, had a substance abuse problem, and the children were regularly left unattended at night. Lucy explained how she fully cooperated with DCF in the past, as she felt she had “nothing to hide.”.

What did Lucy believe once DCF saw her home, children, and lifestyle?

Lucy believed that once DCF saw her home, children, and lifestyle that everything would turnout fine. All DCF decisions of state intervention are supposed to be a balance between Lucy’s right to make parental decisions for her children and the obligation of DCF to protect children.

What are some examples of DCF removal?

Some examples of smaller issues that result in possible DCF removal of children include compulsory schooling requirements not being followed or failure to follow mandatory use of infant car seats. However, the allegation against Lucy was more serious.

What is Lucy's right to her children?

Lucy was unaware that her parental right to her children is one of the oldest protected rights by the due process clause of the United States Constitution. The Massachusetts Declaration of Rights similarly recognizes this critical legal right. Lucy was also unaware that her children have legal rights.

Did DCF ever do this for my children?

This strong emphasis on family preservationist can be found in the constitutional requirements, as well as in a presumption that children are best cared for in their own homes.

Do Lucy's children have legal rights?

Lucy was also unaware that her children have legal rights. Many parents, like Lucy, often overlook or are unaware of their entire family’s legal rights when involved with DCF. Lucy unfortunately learned the hard way that “if you do not know what your legal rights are, you have no legal rights.”. Lucy suffered terrible anguish when learning ...

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