Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Charles M. Baron
1 Answer | Asked in Civil Rights for Florida on
Q: How do I sue the police department?
Charles M.  Baron
Charles M. Baron answered on Jan 10, 2022

There is no simple, on-line answer to your question. You need to schedule a consultation with an attorney handling civil rights matters. It indicates above your question that you writing from South Carolina, but it went into the inbox for Florida attorneys, so not sure where you incident was.... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: I was arrested for a bad check my father wrote, we share the same name. He is disabled and I went to the store for him.

My father is disabled and I have to go to the grocery store for him. A check bounced, he was informed and tried to recover the check, they said they could not find it. Months later I was arrested for the check. It was my father's, and he tried to get the check. We share the same name, I am the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 6, 2022

You did not ask a question, but I guess you want to know what should be done about this, and perhaps you want to know if you may make a claim for money damages due to wrongful arrest. If the criminal case is still pending, you must focus on getting yourself cleared of the charge, which means you... Read more »

View More Answers

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I feel like I'm being discriminated against at my job how would I go about seeing if it is worth hiring a lawyer?

I have requested to either work at home or get a shift a change from my current job due to child care conflict and they claim there is nothing they can do for my shift change but they have done it for other employees.

Charles M.  Baron
Charles M. Baron answered on Jan 3, 2022

The initial inquiry here is whether you believe you are being discriminated against (that is, being treated differently than others) based on race, color, national origin, religion, sex, sexual orientation, pregnancy, parental status, age, or disability. Is there a difference between you and the... Read more »

View More Answers

3 Answers | Asked in Contracts, Personal Injury and Constitutional Law for Florida on
Q: Can HOA's create rules in their bylaws that circumvent state laws they operate within.

I live in Florida and the state law identifies what common areas are, but the HOA bylaws say the board has broad discretion with respect to what common areas are and have used the bill only certain homeowners and as a result circumvent county zoning rules

Charles M.  Baron
Charles M. Baron answered on Jan 3, 2022

The HOA must comply with local zoning ordinances - but, as Ms. Stage indicated, your inquiry is unclear as to the what zoning ordinances have to do with your issue. You may want to ask your local zoning office if there is an issue; otherwise, schedule a consultation with an attorney.

View More Answers

2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: How much is a permanent scar and no pigment in a knee for my 17 year old worth?

Son was in a rollover accident in someone elses car. He had an avulsion wound to the knee. He has a permament scar on his knee, he will always have to protect from sun and it will never have feeling on it.

Charles M.  Baron
Charles M. Baron answered on Jan 2, 2022

Under the law, there is no "set" value for any bodily injury, but based on statistical data, the industry considers certain dollar ranges to be reasonable for particular injury and medical treatment scenarios.

I agree with Mr. Maaswinkel but would add that, regardless of the...
Read more »

View More Answers

2 Answers | Asked in Car Accidents for Florida on
Q: Who is responsible for lost wallet in car accident?

I lost my wallet with $600 in it after a car accident. I left the wallet in my truck and when I went to retrieve it the next day from the tow truck company the wallet was gone. Is my insurance company responsible?

Charles M.  Baron
Charles M. Baron answered on Dec 29, 2021

Yes, if you purchased comprehensive coverage (includes theft). Otherwise, you can make a claim to the garage's insurance company. And Mr. Thorgaard is correct that you need some type of proof, such as a bank statement showing a withdrawal of the cash.

View More Answers

2 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: My brother bought from my co-owner his investment in the property, 30%. Now, in a partition lawsuit he's claiming 66%.

I offered my brother to pay off the loan to my ex-partner $74,000.00 for the part that he owned in the house (30%) so that one day he could receive the benefit of my investment of $ 150,000.00 in cash. My brother accepted the offer, a contract with a lifetime guarantee. At the closing of the... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 23, 2021

Ms. Kim, in her answer, was on the right track but gave a link to a legal services agency in another part of the State. For the Miami area, contact Legal Services of Greater Miami - see: https://www.legalservicesmiami.org

or Dade Legal Aid Put Something Back - see...
Read more »

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation and Identity Theft for Florida on
Q: My cousin stole many valuable things of my home that belong to me and my husband including our social security cards e….

My cousin is so jealous of me and my husband lying to authorities about us both. What legal actions can I take?

Charles M.  Baron
Charles M. Baron answered on Dec 19, 2021

Your inquiry indicates that you writing from Indiana but directing it to Fla. attorneys. If this is an Indiana matter, you must direct your inquiry to Indiana attorneys. If it's a Fla. matter, more facts would be needed to evaluate this and determine what actions can or should be taken. Of... Read more »

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: I do not have a non compete. I was terminated. Can I be sued for telling my clients to come with me in a Google review?

I posted the truth of my firing and told my clients how to find me in a Google review under the business website. Is this actionable?

Charles M.  Baron
Charles M. Baron answered on Dec 19, 2021

Depends on whether your actions could be viewed as stealing your former employer's clients, which could give rise to a suit for tortious interference with contractual business relationships or advantageous business relationships. The absence of a non-compete clause may be irrelevant in that... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Florida: recently married. New spouse owned property prior to marriage. If I am in a car accident and it’s my fault can

The injured party sue them and their property if owned prior to marriage?

Charles M.  Baron
Charles M. Baron answered on Dec 17, 2021

I agree with Mr. Thorgaard (in the event you are talking about you driving a car that is in your spouse's name or a car that is in your names jointly) - and owning prior to the marriage is irrelevant. The ownership that is relevant is who owns what at the time of the accident. If you are... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Insurance Bad Faith for Florida on
Q: Is a Bails Bondsman allowed to hand cuff you, put you in a dark room, force the person signing for your bail to go to

their vehicle and get the purse of the person on bail and make the signer get into the purse and pull out a credit card and run the card for 3500 dollars and then bring the person on bail out to the desk still handcuffed and force them to sign a collateral receipt and take 50 dollars cash from the... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2021

For this issue, you must consult a criminal defense attorney (either hired by you or court-appointed). Bail bondsmen have certain limited powers to detain a defendant who has failed to appear in court while on bond. Whether the one in your situation went beyond their legal powers is a question... Read more »

1 Answer | Asked in Civil Rights, Federal Crimes, Government Contracts and Wrongful Death for Florida on
Q: What is the best way to find/establish a lawful team to sue a prison for negligence, wrongful death, & other violations?

Prison Location: North Carolina

My Location: Florida

Relation to deceased: Daughter

Date of Death: 10/18/2020

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2021

So sorry to hear about your daughter. Since this happened in North Carolina, you must search for an attorney in that state. Look for attorneys handling civil rights. Options: (A) Click on the Justia find-a-lawyer tab up top; (B) Search the National Lawyers Guild site at... Read more »

2 Answers | Asked in Contracts and Education Law for Florida on
Q: Can a college program change the passing percentage requirement from 75% to 78% while I am mid-program?

I am in a 2-year, 4 semester program at my state college. During admission and acceptance into the program, it was stated in the handbook that we needed a 75% "C" to pass each semester. During the beginning of my 3rd semester, the director of the program decided to change it to 78%... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2021

The first issue is whether the change caused you, or will cause you, to flunk. If you pass, I think your question is purely academic and not fodder for a legal action (that is, forcing you to study a bit harder won't cut it). If you flunk, however, you would have "legal standing"... Read more »

View More Answers

2 Answers | Asked in Civil Rights for Florida on
Q: Do you have to answer “yes” if a police officer asks you if you’ve ever been arrested if the prior charge was dismissed?

If you were arrested, but the charge was expunged / dismissed / or adjudication withheld, and then in the future a police officer pulls you over and asks you if you’ve ever been arrested, are you required to answer “yes”?

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2021

Not sure from your inquiry if your prior criminal case was expunged, which is far different than a dismissal or a withhold of adjudication. If expunged (and the expungement process is totally complete), and that is the only charge in your life, then you can deny having any prior charge because... Read more »

View More Answers

2 Answers | Asked in Contracts for Florida on
Q: If someone takes you to court for something they say they didn't get and at the hearing he gives the court a picture of

The parts he claimed he didn't have

Is that froud

Charles M.  Baron
Charles M. Baron answered on Nov 25, 2021

More facts are needed in order to answer your question. A fraud analysis is a very fact-dependent inquiry, as specific intent must be evident. Also, you did not ask what should be done if there does happen to be fraud, so it is unclear what your goal is here.

View More Answers

2 Answers | Asked in Personal Injury and Small Claims for Florida on
Q: My hair damaged and fell out from johnson and johnson
Charles M.  Baron
Charles M. Baron answered on Nov 22, 2021

I agree with Mr. Mayoral regarding the type of attorney you need. Do you have a doctor's diagnosis regarding damage resulting from use of the product? That is required for you to have a potential claim.

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: It I work for a job that pays me 13 an hour to clean buses and be around people shouldn't I be paid more due to covid-19

I'm in South Bay Florida

Charles M.  Baron
Charles M. Baron answered on Nov 18, 2021

Morally, yes they should. Legally, there currently is no requirement to do so. Transit workers unions have been asking Congress to pass a Federal law requiring such hazard pay - see: https://www.atu.org/media/releases/the-atu-and-twu-to-congress-hero-transit-workers-deserve-hazard-pay... Read more »

1 Answer | Asked in Personal Injury for Florida on
Q: What can be done to prevent a lawyer from imposing a lien if you need to switch lawyers because he has not done his job

correctly, deposed a Dr that he was told not to, gave defense wrong info they are going by, will not do the research nor talk to the dr's that are specialists that are a necessity. It's a PI case where I had an accident dec 30th 2014, sustained injuries and have a brittle bone condition I... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 17, 2021

If your retainer contract with your lawyer has the standard lien language and you fire him, he can then file a notice of lien in your case, and upon any recovery, his fees would likely be based on the amount of work he put in compared to the amount of work a subsequent lawyer would put it to... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Just got a letter from a car accident lawyer. What are my next steps?

I was involved in an accident where both parties were deemed at fault by the officer. We traded information through the officer, and I told the other party I would be filing with my insurance when I got home, and they would be hearing from them.

Today, I received a letter from a local law... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 14, 2021

Simply turn the law firm's letter over to your insurance company and confirm they will respond to the law firm. If you are covered as you say, the insurance company will assign a claims adjuster to deal with the other driver's claim, and if necessary, retain an attorney to represent you... Read more »

View More Answers

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Car loan contract.

I'm writing to get an idea for what my options are. I signed onto a car loan that I wasn't of clear mind to do so, and the dealership is refusing to allow me to cancel the loan.

Basically, what happened is that, while in the dealership before signing papers, I received some... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 14, 2021

Sorry to hear about your ordeal. I assume you mean that you not only want to cancel the loan, you want to cancel the entire purchase transaction and return the car, as if the transaction never happened. Unfortunately, there is no way to do that unless there is some illegality - for example, if... Read more »

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.