Lawyers, Answer Questions  & Get Points Log In
Florida Civil Rights Questions & Answers
2 Answers | Asked in Civil Rights for Florida on
Q: I'm a black man who white woman was pretending I was trying to harm her inside at her place of employment what can I do
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 21, 2021

You have not given enough details to be sure, but it appears that this might be about criminal law, not civil rights. If so, you should confer with an attorney experienced in criminal law, ASAP.

View More Answers

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Will I go to jail if I’m a convicted felon and my roommate owns a gun?

I have been off probation for 3 years now. I have no access to the gun. I’m told it’s in lock box

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 15, 2021

Probably not; you don't "possess" it.

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got ran over by a garbage truck, got surgery months after.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2021

You want to contact a member of the Florida Justice Assn who handles malpractice cases in your county. They give free consults. However in some states the workers comp doctor is protected from malpractice claims!

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got surgery Very late. Incident happen on 12-11-19. Got surgery on 10-22-20.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 7, 2021

Of course, and you might prevail if you can prove negligence. Ask your worker comp. attorney for more information.

3 Answers | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Did my landlord violate my privacy?

So, I know I'm in the wrong too, but I need to see the best way to go about this. I have outside cats and just move where the landlord doesn't want animals, but they are outside cats. For my own reasons, I didn't mention it and just need a week or so for them to get use to their new... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 2, 2021

Sorry, but you probably violated your lease (which we cannot review here online), requested service and now are upset the landlord found out you have cats in his house. It is logical to check each AC vent when there is a complaint the AC is not working properly. A landlord in Florida has the... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I live in Jacksonville Florida. If I obtain my mothers permission to open carry visiting on her property can I legally?

My mother has snakes and pest problems on her land. If I'm visiting/helping yard work on her property can I open carry only on her property? Rattlesnakes, copperhead snakes, water moccasins, raccoons, armadillo, and gators venture semi frequently on her land and I don't wanna have to run... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 28, 2021

Perhaps not. Florida Statute 790.25 Lawful ownership, possession, and use of firearms and other weapons.—

"...

(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following...
Read more »

2 Answers | Asked in Consumer Law, Criminal Law, Family Law and Civil Rights for Florida on
Q: What does B.A.R mean?

I need clarification

Henry George Ferro
Henry George Ferro answered on Jun 24, 2021

The only thing that comes to mind is what separates the gallery from the area where lawyers work in the courtroom. The other is the organizations that are made up lawyers throughout the country.

View More Answers

2 Answers | Asked in Civil Rights and Family Law for Florida on
Q: I need help I believe my civil rights have been violated by CPS

Hi my name is and I need some help CPS took my children without conducting a proper investigation...and had then split up and placed with family members..but when I ask about a case plan and when can I see them says I dont have a case plan and can't even get a chance to regaincustody...what... Read more »

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

The State is required to give you due process with a plan to determine if you may regain custody. All you need to do to make sure you are receiving the process is that is due is to have an attorney represent you. If you can afford a private attorney, hire one NOW - search for attorneys handling... Read more »

View More Answers

1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: My Fiancé is being held against her will at her parents house. They won’t let her out. What can we do?

My Fiancé from Florida (21) wasn't allowed to leave on a trip with me. Her parents didn’t let her go we called the police but her father knew the officers. Could a lawyer get her out of the house safely? They tried to get her baker acted but she doesn’t fulfill the criteria as she is... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 10, 2021

Yes, schedule a consultation with a lawyer. If she is mentally competent, she may not be held against her will, even by her parents. On the other hand, bear in mind that, because she's an adult, her parents have absolutely no obligation to help her, financially or otherwise. So if she... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: can I sue a jail, or correction facility for wrongly and overly placing someone I know in the box for more than 9 months

He was first being taunted by white officers that I know the name of, making racial slurs and saying things like "my knee isn't on your neck, you can breathe. giving him 6 DRS in a row at once for no reason, and when he tried to fight it himself in the jail. he wasn't let out to do... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 5, 2021

You don’t have a cause of action.

1 Answer | Asked in Civil Rights for Florida on
Q: How can I find out who put a private investigator to hack into my information and give someone authority of my privacy

I just want to know and put a restraining order on that person

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

By hiring your own investigator or cyber expert.

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: I live at 12701Placid Rd. For 20 years. With my mother. I had a stroke due to a blood clot in my heart February 2019.

So now i am have limited mobility and no use of my left arm.my mother defaulted on her land taxes and lost our home. I was moved out 9f my home and into a travel trailer in the back of the property. My mother stayed in the house with the new owner and his family. The travel trailer i live in sits... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 23, 2021

I suggest you contact Legal Aid as a starting point.

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Florida on
Q: can another judge dismiss a Habeas Corpus when a different judge has already excepted at face and designated it track 1

civil judge excepted the Habeas but the criminal judge took it and dismissed it with no hearing

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2021

Yes. Every circuit judge has the same power as all others in that circuit. The Habeas was issued by the Circuit Court, not by any particular judge; judges just sign them--or dismiss them, whatever.

2 Answers | Asked in Family Law and Civil Rights for Florida on
Q: Can I sue the state over the “substantial change in circumstances “ requirement for changing a parenting plan?

Florida requires a petitioner to prove there has been a substantial change in circumstances in order to request a change to a parenting plan.

Is this a substantive due process issue, in that the state should prove a compelling interest in requiring an “extraordinary burden” (Wade v... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 20, 2021

This is a pretty well settled area of law for a lot of reasons. There should be finality of judgments; however, in family law cases, the court can technically change final judgments via modification until the child is 18. Therefore, there is a legal standard that has been established for... Read more »

View More Answers

1 Answer | Asked in Civil Rights and Employment Law for Florida on
Q: I lodged a discrimination complaint about my manager and had received 2 discipline statements since. Retaliation? Or not
Rhiannon Herbert
Rhiannon Herbert answered on May 11, 2021

In order to constitute retaliation, a complaint of discrimination must result in what's called an "adverse employment action." This is a legally defined term and includes such actions as termination, demotion, a cut in pay, or a transfer to a less favorable job. However, disciplinary... Read more »

1 Answer | Asked in Employment Law and Civil Rights for Florida on
Q: Can I get some advice about workplace retaliation?

My manager wrote a counseling statement on me shortly after I accused him of singling me out due to my age.

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on May 9, 2021

Both federal and state law prohibit an employer from retaliating against an employee for objecting to unlawful age discrimination. There a number of factual issues that would need to be addressed before anyone could provide "advice" on this matter.

1 Answer | Asked in Divorce, Family Law and Civil Rights for Florida on
Q: I am paralyzed, I have MS

I am paralyzed, I have MS

I am indigent, as the judge said, Ms Ford makes nine times as much as I do, and she can afford private counsel.

I have advocated my position on previous counsels failure to file the mandatory disclosure upon filing in accordance with the rules for months.... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

Hi, it is not clear what your question is. However, you may want to see if you can obtain the assistance of an attorney from a local Legal Aid society in your county. Alternatively, contact your local bar association to see if there are any pro bono attorneys. Additionally, your local courthouse... Read more »

1 Answer | Asked in Admiralty / Maritime, Business Law, Civil Rights and Collections for Florida on
Q: Can I chain a customers boat to the dock for non payment?

I own a commercial diving business that does underwater hull cleaning and yacht maintenance. I had a customer bring his boat to the marina where I am currently staying on my own boat. After I took care of his boat he didn't show up to pay me or get his boat at the time we agreed. Rather than... Read more »

Tim Akpinar
Tim Akpinar answered on May 3, 2021

Only a Florida attorney could advise you on your specific question. But you posted under Admiralty/Maritime Law, and under U.S. maritime law, a remedy that is sometimes applied in settings where vessel interests owe money is a maritime lien. This comes up in ship mortgages, vessel collisions, crew... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: If you beat a case but did year or more in process of beating the case, can you sue from time taking away from you?

If you don’t have a valid identification card what rights do you have as a inmate and a non inmate

Charles M.  Baron
Charles M. Baron answered on Apr 28, 2021

I can answer your first question, but your second question makes no sense. If you "beat" a criminal charge due to acquittal, dismissal by the Court, or the prosecution dropping the charge, and without a plea bargain, you may have potential claims for money damages for false arrest/false... Read more »

1 Answer | Asked in Family Law, Civil Rights and Elder Law for Florida on
Q: My mom's legal rights to her half of the profit from their home he refuses to let her have her half of the $$

My step dad does not like my mom's family and he refuses to let my mom do what she wants with her half of the profit from selling their home..what's her legal rights to her half of the profit.

Nicole Vette
Nicole Vette answered on Apr 25, 2021

Is they are divorcing then she would likely get half the proceeds. If there is not a divorce then the proceeds will be wired to a joint account or an account the parties designate. Thereafter, there would be no rules on how the money is spent because the courts are not involved. Your mother would... 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.