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Florida Civil Rights Questions & Answers
1 Answer | Asked in Constitutional Law and Civil Rights for Florida on
Q: Did I get my constitutional rights violated?

I got pulled over for speeding when the cop came up to question me I invoked my 5th and handed over my license registration and insurance. He walked away. Another cop arrived on scene. She tried to question me as well but I invoked the 5th. She left then came back a couple minutes later and told me... View More

James L. Arrasmith
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answered on Mar 19, 2024

The situation you've described raises several legal questions related to constitutional rights. First, the Fifth Amendment protects individuals from self-incrimination, so you had the right to remain silent when questioned by the police. However, this right does not exempt you from providing... View More

1 Answer | Asked in Civil Rights for Florida on
Q: So I contacted classification at Escambia County corrections where my husband is housed. He's been an inmate worker in t

So I contacted classification at Escambia County corrections where my husband is housed. He's been an inmate worker in the infirmery since day 3 in jail. He was sentenced to 150 days on December 13, 2023. He automatically got his sentence reduced to 120 days for regular gain time. He also got... View More

James L. Arrasmith
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answered on Mar 19, 2024

It's understandable that this situation is confusing and potentially frustrating for both you and your husband. Generally, the allocation of gain time, inmate worker time, and merit days can vary based on the facility's regulations and the specifics of an inmate's sentence. It's... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Florida on
Q: I'm seeking personal voluntary euthanasia. I'm of sound mind and can argue logically. What are my options?

I'm not terminally ill, but have had a lifelong struggle with mental illness. I believe I have the right to die, and wish to exercise it.

James L. Arrasmith
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answered on Mar 18, 2024

I understand your situation and the complexity of the feelings you might be experiencing. It's important to talk to someone who can provide professional support and guidance, like a therapist or a mental health counselor. They are trained to understand the depth of your struggles and can offer... View More

1 Answer | Asked in Civil Rights, Criminal Law, Personal Injury and Civil Litigation for Florida on
Q: needing help finding attorney/firm for a lawsuit against the jail & police for civil rights violation due police miscond

also discrimination, police brutality, health issues & more

James L. Arrasmith
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answered on Mar 14, 2024

When searching for an attorney or law firm to take on a lawsuit involving civil rights violations, police misconduct, discrimination, police brutality, and health issues, it's crucial to look for legal professionals with experience in these specific areas. Civil rights attorneys often have the... View More

2 Answers | Asked in Consumer Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: gettting retainer refund

hired a firm but after thye missedd 2 conferences and me hjaing to ask over and over about status i hear nothing ican assume no work has been done how cani get my funds back ?

Angelo "Tony" Marino Jr.
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answered on Mar 13, 2024

I assume you are talking about a law firm. You can discharge a law firm at any time. However, the firm is entitled to a fee for what they have done. Depending on your agreement, it may be based on an hourly agreement or a contingency agreement. For example, if your agreement is hourly, and the... View More

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2 Answers | Asked in Consumer Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: gettting retainer refund

hired a firm but after thye missedd 2 conferences and me hjaing to ask over and over about status i hear nothing ican assume no work has been done how cani get my funds back ?

James L. Arrasmith
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answered on Mar 13, 2024

I'm sorry to hear you're having trouble with the law firm you hired. It sounds like a very frustrating situation. Here are some steps you can take to try to get a refund of your retainer:

1. Document everything: Gather any emails, letters, contracts, receipts or other records...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: convicted in January 2019 for stalking, Cops came to me with evidence on that case and recharged me aggravated stalking

This aggravated stalking rises from a closed stalking case that I was already sentenced on in 2019, I plead out to the aggravated stalking July 2023, doesn’t this fall under double jeopardy rule…

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 4, 2024

On the face of what you report there may be a double jeopardy problem. The big question is why the double jeopardy problem is first being considered now. At any rate you would need to look at the allegations put forth in the 2019 case and compare them to the allegations put forth in the 2023 case.... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: convicted in January 2019 for stalking, Cops came to me with evidence on that case and recharged me aggravated stalking

This aggravated stalking rises from a closed stalking case that I was already sentenced on in 2019, I plead out to the aggravated stalking July 2023, doesn’t this fall under double jeopardy rule…

James L. Arrasmith
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answered on Mar 4, 2024

Understanding the concept of double jeopardy and how it applies to your situation is important. Double jeopardy protects individuals from being tried twice for the same offense after acquittal or conviction. However, if new evidence emerges or if the charges are distinct from the ones you were... View More

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1 Answer | Asked in Civil Rights and Civil Litigation for Florida on
Q: I was raped and molested as a child in the 90s. Whats the statue of limitations on a civil trial for that?
James L. Arrasmith
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answered on Mar 2, 2024

I'm very sorry to hear that you experienced such trauma as a child. The statute of limitations for filing a civil lawsuit related to childhood sexual abuse varies by state. Some key factors regarding the statutes of limitations:

- In many states, the statute of limitations for...
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2 Answers | Asked in Civil Rights, Personal Injury, Gov & Administrative Law and Municipal Law for Florida on
Q: Can I sue a police department for not doing their job by not properly investigating a murder?

The case file in the beginning, ended up missing all the information given, and the second detective ended up with an empty case file, and no one knows where all the information went. There’s more to this as well.

Ben Bingham
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Ben Bingham
answered on Mar 7, 2024

Suing a police department for a failure in conducting a proper investigation, especially in a murder case, is a nuanced and intricate legal matter. While challenging, it's not impossible under certain circumstances.

Establishing a Breach of Duty: You'd need to prove that the...
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2 Answers | Asked in Civil Rights, Personal Injury, Gov & Administrative Law and Municipal Law for Florida on
Q: Can I sue a police department for not doing their job by not properly investigating a murder?

The case file in the beginning, ended up missing all the information given, and the second detective ended up with an empty case file, and no one knows where all the information went. There’s more to this as well.

James L. Arrasmith
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answered on Feb 28, 2024

Yes, you may have grounds to file a lawsuit against the police department for negligence or failure to properly investigate a murder. The mishandling of crucial case information, such as missing files and empty case folders, raises serious concerns about the department's handling of the... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Hello my question is once I have had my rights as a human violated on camera. What do I do next?
James L. Arrasmith
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answered on Feb 28, 2024

First and foremost, it's crucial to ensure your safety and well-being. If you're still in a situation where your rights are being violated or you feel threatened, seek immediate assistance from local authorities or trusted individuals who can help protect you. Your safety is paramount,... View More

1 Answer | Asked in Civil Rights for Florida on
Q: I rent a dock for my sailboat in Florida. Every time I arrive or leave my boat the neighbors record video of me.

Is this illegal? What can I do to stop it? This dock is on private property.

James L. Arrasmith
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answered on Feb 26, 2024

Being recorded without your consent while on private property can potentially be a violation of your privacy rights, depending on the circumstances and laws in your area. It's important to familiarize yourself with the specific regulations regarding video recording and privacy protections in... View More

2 Answers | Asked in Civil Rights and White Collar Crime for Florida on
Q: My case was dismissed without prejudice due to my lawyer, not responding to a judges request. Can I still reopen?

My lawyer, apparently did not have to credentials to practice where my case was moved. The judge asked for an amended summary, even gave an extension. My lawyer never replied. It was dropped without prejudiced. Finally getting a hold of my lawyer. He simply said he hadn’t had a case there in... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your case was dismissed without prejudice, you generally have the opportunity to refile it. A dismissal without prejudice means the court has closed the case, but your right to bring the matter before the court again is not barred. This is distinct from a dismissal with prejudice, which would... View More

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2 Answers | Asked in Civil Rights and White Collar Crime for Florida on
Q: My case was dismissed without prejudice due to my lawyer, not responding to a judges request. Can I still reopen?

My lawyer, apparently did not have to credentials to practice where my case was moved. The judge asked for an amended summary, even gave an extension. My lawyer never replied. It was dropped without prejudiced. Finally getting a hold of my lawyer. He simply said he hadn’t had a case there in... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2024

I agree with Mr. Arrasmith. A dismissal without prejudice is NOT a "permanent" dismissal in the sense of being permanently barred from re-filing your case, unless the statute of limitations period has already expired. Also, in the event your claim would be permanently barred due to... View More

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2 Answers | Asked in Civil Rights and Wrongful Death for Florida on
Q: My case was dismissed without prejudice due to my lawyer, not responding to a judges request. Can I still reopen?

My lawyer, apparently did not have to credentials to practice where my case was moved. The judge asked for an amended summary, even gave an extension. My lawyer never replied. It was dropped without prejudiced. Finally getting a hold of my lawyer. He simply said he hadn’t had a case there in... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your case was dismissed without prejudice, you generally have the opportunity to refile it. A dismissal without prejudice means the court has closed the case, but your right to bring the matter before the court again is not barred. This is distinct from a dismissal with prejudice, which would... View More

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1 Answer | Asked in Family Law, Federal Crimes, Appeals / Appellate Law and Civil Rights for Florida on
Q: I need to know what I can do to get my child back from CPS because they stole her

Okay I can't seem to find the question that I asked last time or the lawyer that answered it but 10 years ago CPS decided to take my kids and they gave me my two older ones back and they kept my baby who at the time was 2 and they stomped on so many of our constitutional rights but I... View More

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a deeply distressing situation involving CPS and the termination of your parental rights. It's understandable that you're seeking help to reunite with your child and seek justice for what you perceive as injustices committed against you and your family.... View More

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Florida on
Q: Henderson Behavioral Health gave Sunrise Police my medical records to take out a ex- parte out on me what are my rights.

I live in Florida

James L. Arrasmith
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answered on Feb 24, 2024

In Florida, your medical records are generally protected under both federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and Florida's own privacy laws. These laws restrict the sharing of your health information without your consent.... View More

1 Answer | Asked in Adoption, Animal / Dog Law and Civil Rights for Florida on
Q: I need help getting my cats back that were given away by someone else who has no rights to them surrendered them an

They got adopted. I called the shelter asking if they were there multiple times days after day and was told no but they were and now I'm being told they were there so I was lied too when I was trying to claim them within the 5 days they lied saying they weren't there so they wouldn't... View More

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a difficult situation with your cats, and it's understandable that you're feeling frustrated and upset. It's essential to gather all the evidence you have that proves ownership of your cats, such as vet records, adoption papers, or photos. This... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Should I remain silent at a temporary injunction hearing if I have a related ongoing criminal case
James L. Arrasmith
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answered on Feb 23, 2024

It's important to carefully consider your options and seek legal advice from an experienced attorney familiar with both civil and criminal law. While remaining silent at a temporary injunction hearing may seem like a cautious approach, it's essential to weigh the potential consequences... View More

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