Civil Rights FAQs

Does Colorado have a Romeo and Juliet law?

Yes, Colorado does have a Romeo and Juliet law. A minor under age 15 in Colorado can legally consent to sexual penetration with a person who is within four (4) years of his or her age. And a minor age 15 or 16 years of age can legally consent to sexual penetration with a …

Can I pump breast milk at work in Nevada?

In most cases, yes. Federal law requires most Nevada employers to provide lactation breaks – space and time for nursing mothers to pump. Specifically under 29 U.S.C. § 207, employers must make the following two accommodations to Nevada mothers who breastfeed: allow for reasonable breaks throughout the workday to pump for a year following the …

When do tasers and stun guns amount to excessive force and police brutality?

Police misconduct and abuse involving tasers is very common. Tasers and stun guns burst onto the law enforcement scene in the 1990’s. They are sometimes billed as “nonlethal” alternatives to firearms. But in fact, tasers and stun guns are very serious and even lethal weapons. Over 350 people in the United States have died after …

Colorado laws on recording in person conversations

Colorado recording law permits people to secretly record conversations they are participating in. It does not matter whether these conversations are in person or over the phone. But secretly recording other people’s conversations may qualify as criminal wiretapping or eavesdropping (CRS 18-9-303 – 304) depending on the circumstances. Is recording in-person conversations legal in Colorado? …

Can a person recant a statement in a police report?

Any person who gives a statement to the police may decide to recant that statement. But, even if a statement gets recanted, people must know that: a prosecutor can still choose to file criminal charges against a defendant, and if a person recants a statement because it was false, then the party may face criminal consequences. …

Can Law Enforcement Personnel Collect a DNA Sample from a Minor?

California Assembly Bill 1584 states that if law enforcement personnel wish to collect a DNA sample from a minor, they must first get the permission of both the minor and his/her parent(s). Gov. Brown recently signed AB 1584 into law in September 2018; and, it imposes several other rules on the collection of a minor’s …

Can I sue the school if my child was injured because of inadequate security?

Students who are injured due to inadequate school security can often sue the school and/or the school district in California. This includes lawsuits for injuries caused by acts of violence. Under California law, schools stand in a “special relationship” to students. This special relationship requires the school to protect students from foreseeable injuries. Schools must …

Can I be sued for talking dirty to a telemarketer?

With so many telemarketers ignoring the Federal Trade Commission’s National Do Not Call Registry, many people have begun taking matters into their own hands. Techniques we have seen touted on the internet include: Deliberately wasting the telemarketer’s time, Cussing, Blowing a whistle or air horn into the phone, Threatening the telemarketer, and Talking dirty to …

Can I Get a New Trial if There Was Prosecutorial Misconduct in My Riverside County Criminal Trial?

When prosecutors deprive defendants of their constitutional rights or otherwise act improperly during a criminal trial, it shakes the foundations of our criminal justice system and can result in grave injustice. Prosecutorial misconduct is a huge problem, as the recent scandal involving the Orange County District Attorney’s Office has shown. Prosecutorial misconduct can occur in …

Can Police Use “Racial Profiling” in Henderson, Nevada?

Racial profiling by police officers is against the law in Henderson, Nevada. No one in the city or elsewhere in the state should be pulled over or questioned by police on the basis of their race or ethnicity. “Racial profiling” in Henderson occurs when a police officer stops, questions, detains, searches, or arrests someone solely …

Can I Be Searched During a Routine Traffic Stop?

If you are stopped by police for a common traffic offense like speeding, a police officer may not search your car. There are several ways, however, where a search of a motor vehicle can legally be conducted: Consent If you are stopped by police and the officer suspects that you may have something to hide, …

Can police take my cell phone for recording them?

No, not unless your recording is interfering with what they are doing. Police do not have the right to seize cell phones just because the public is recording them. Predictably, police usually do not appreciate it when the general public records them going about their job. But similar to the press, the general public has …

Can I Write My Own Jury Instructions in Nevada?

Parts of it. It is a collaborative effort between the defense and prosecution. After the defense and prosecution in a Nevada jury trial have presented all their evidence and witnesses, they have the opportunity to submit jury instructions to the judge. Like it sounds, jury instructions are the guidelines and laws the jury must abide …

Can police “stop and frisk” me for no reason?

The answer–under the law–is most definitely no. Under the U.S. Constitution, the following rules apply to “stop and frisk” detentions in California and all states: First, police may only “stop” you if they have a “reasonable suspicion” that you have been or will be involved in criminal activity. Second, police may only “frisk” you (pat …

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