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Florida Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Medical Malpractice for Florida on
Q: A psychologist released psychotherapy notes without consent.

A psychologist released detailed psychotherapy notes without my consent. He disregarded HIPPA. I feel completely violated. This occurred 5/10/22. Numerous employees throughout the large healthcare system now have access to these deeply personal notes. How do I proceed?

Charles M.  Baron
Charles M. Baron answered on May 14, 2022

You have a potential court claim for invasion of privacy, and maybe a malpractice claim. With either, there should first be notice of claim and request for disclosure of liability insurance coverage (prelitigation notice being required for malpractice, and optional, but wise, for invasion of... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: Are automatic knives legal in the State of Florida?
Charles M.  Baron
Charles M. Baron answered on May 13, 2022

If you mean a switchblade, a knife that opens all the way up at the touch of a button, but with the blade staying on the knife, it is legal to possess under State law. However, it is NOT legal to carry it concealed unless you have a concealed weapons permit. See Florida Statutes Chapter 790,... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: I had the police come to my door today, they left a card saying they need to speak to me? What do I do?

I just move to the state and to my knowledge have done nothing wrong .

Charles M.  Baron
Charles M. Baron answered on May 4, 2022

If I were you, I'd ask what they would like to speak to you about. Maybe you were listed as a witness or potential witness to something, even if you know nothing about whatever they're looking into. But another scenario is that, for some reason, you are a crime suspect, such as where... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: Good evening I have a question regarding a prior arrest in 2019,which I was wrongfully accused ,at the time I was 8mon

Pregnant with my daughter, I was arrested by Clearwater police I was handcuffed placed in car for 2hours with no water anything, was transported in cuffs to tgk I informed the nurse that my wrist was bruised due to cuffs being tight.

Charles M.  Baron
Charles M. Baron answered on Apr 24, 2022

You did not ask a question, but I assume you want to know if you can make a claim for money damages. Your description does not give enough information to determine if you have a potential valid claim, or if you are within the time limits to bring certain types of claims applicable to this... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Civil Rights for Florida on
Q: I have a mold infestation since October along with many other issues. I want to sue, they have been sued before for same

The company is Dasmen Residential and they have not done anything to cure the mold infestation that is constantly gradually getting worse everyday. Can I bring a lawsuit against them for inhumane conditions?

Jane Kim
Jane Kim answered on Mar 28, 2022

You should contact a lawyer directly. Lawyers aren’t showed to solicit your business.

Good luck.

1 Answer | Asked in Civil Rights and Employment Discrimination for Florida on
Q: My barber cancelled my appointment after messing up the previous two haircuts.

He almost completely removed my wisdom lock(the only one I have) I heard and felt when his hands slipped after feeling him tug on it. I immediately reached back to feel what he had done. I said you cut my dread and his response was oops, no apology of any sort, I became very upset and quiet to let... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 23, 2022

Private personal service businesses like barbers, beauticians, doctors, and other similar businesses are not required to provide personal services to everyone As private businesses, they can decide whether they want your business or not.

1 Answer | Asked in Civil Rights and Probate for Florida on
Q: My dad died suddenly and my siblings have moved into his home where I've been living taking care of him and my sickmom f

With no help from my siblings all along is there anyway I can make them leave my father's home

Phillip William Gunthert
Phillip William Gunthert answered on Mar 8, 2022

I am very sorry for your loss on the passing of your dad, please accept my condolences for you and your family. Generally, you need to do two things, get a copy of the property deed and your dad's Will or Trust. Based on how the property is held via the deed or based on your dad's Will,... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: They are UBI programs that are specifically giving funding to ONLY black low income women. Is this discrimination?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 7, 2022

No. Commercial Banks are allowed to choose who they want to lend money to.

Banks usually lend only to rich people, and no one ever complains about that.

1 Answer | Asked in Civil Rights, Criminal Law and Small Claims for Florida on
Q: civil small claims action, taped it to my door and now I have 5 to reply. A law suit complaint.

My family including my deceased grandmother, my father & mother (alive) as of late my deceased uncle all had trusts. people whom surround my uncle who are posing as attorneys and real estate agents, threatening our tenants, claiming false statements. his late wife has been holding the books she... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 20, 2022

You seem to be asking two separate questions. Something about a rental premises, apparently held in trust. If someone else is the trustee, that person would probably have the right to receive the rent.

If you actually had been sued in small claims court, the summons and complaint could...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Florida on
Q: Do you get a lawyer if they offer you PTI but you have never been assigned a lawyer

I was arrested on 1129 my charges to begin with was if you look online at Washington county clerk of Court was possession of a controlled substance without prescription and drug paraphernalia will they change our first appearance to possession of synthetic marijuana and paraphernalia then they... Read more »

Michael  Mayoral
Michael Mayoral answered on Feb 10, 2022

You definitely have the right to be appointed a public defender on a felony charge. Contact your local public defender's office or hire a criminal defense attorney. You definitely want to have an attorney explain the ramifications of any agreement with the State, even if its PTI.

3 Answers | Asked in Car Accidents, Personal Injury, Workers' Compensation and Civil Rights for Florida on
Q: Exceptions to Florida Workers’ Compensation Immunity

I got ran over by a garbage truck and the person drug test came back positive for cocaine the same day and he got fired. Would that fall into intentional tort because he knew what he was doing was wrong and he could injury someone while driving high, especially a commercial vehicle?

Titus Thomas Nichols
Titus Thomas Nichols answered on Feb 8, 2022

I'm sorry to hear about this horrible incident. In your sceneario it is possible that both the driver and the company that he was driving for would be liable for your injuries. In Georgia, a company may be responsible for the torts committed by its employees. Additionally, there may be... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Civil Rights for Florida on
Q: Can I be held in contempt of court if I was summoned to court and the app they provided to me did not function

I was summoned to court as a witness the app that they provide to me was glitchy and unable to function properly also the helpline that was provided on the summits went to call center they were also unable to answer any of my questions and could not help me with the app what are my options if they... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 8, 2022

At the contempt hearing you testify about your problems with the ap. You will need to be able to persuade the judge that you did everything you could to obey the subpoena.

1 Answer | Asked in Family Law, Civil Rights and Legal Malpractice for Florida on
Q: My lawyer is violating my right to adequate representation of counsel over a year with no communication

Lawyer has no returning any of my attempts to contact and correspond also has not been present at league proceedings

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Feb 1, 2022

If you believe you have exhausted all efforts to contact and discuss your issues with your attorney and they are still not responding or unwilling to settle, you have the option of hiring another lawyer. However, keep in mind that if you terminate a lawyer, you may be charged for the amount of work... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: If my girlfriend called the police on me because she thought I would hurt myself and they pull me over and

I tell them I have a firearm in my vehicle, does that give them the right to search my cat after I tell them no they can’t?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 1, 2022

Are you being prosecuted for some crime relating to the incident? If so, your attorney should review all of the facts to determine if any incriminating evidence they may have found may be used against you. But, in general, if you told them you had a firearm in the vehicle, they would be entitled... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Civil Rights for Florida on
Q: My boyfriend in prison he has covid do I need a lawyer

My boyfriend was rushed to a hospital with covid it’s no medical release on file nobody telling his family anything we in the blind on how we doing the are refusing phone calls and not allowing us to know anything about him do I need to get a lawyer to get information on him or what it’s been... Read more »

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 27, 2022

Contact a local attorney to learn how you can get compassionate release or temporary medical release for your boyfriend.

1 Answer | Asked in Civil Rights and Municipal Law for Florida on
Q: The mall next to my school won't let students get picked up or go there starting 2:40 to 5:30, but it's a public mall.

I'm a senior in High school from Florida the Police won't let anyone in unless you're 18 and show your driver's license.

When I got a paper from our school telling us we couldn't go to the mall, the paper had no phone number and was not signed by anyone or the city.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 19, 2022

The privately-owned mall you want to have fun in after school--and all other privately owned malls, shopping centers, grocery stores, shoe stores, movie theatres, tennis courts, golf courses, etc., are entitled to establish rules regarding public use of their private property. They are also allowed... Read more »

3 Answers | Asked in Business Law and Civil Rights for Florida on
Q: When on a FL HOA board when can new rules be implemented and is a lawyer needed to have new rules added or rules update

I'm currently in a HOA board and we are trying to figure out what rules/by lawns are currently in place. How can we change them/ modify them and how to move forward. One board member says to make any changes we have to have a lawyer and then have a vote. I'd like clarification on what can... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 18, 2022

A lawyer is probably not required, but the board member who says that perhaps figures that a lawyer is more apt to be able to spell "bylaws".

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Libel & Slander for Florida on
Q: What type of lawyer do I need to hire in a matter of being falsely accused by an individual and targeted by the person.

I've had an individual file report accusing me of things I have not done and know nothing about with the local state and fed. This guy is targeting me because he for she rain thinks I've slept with his girlfriend or whatever she is. I don't know if this girl is feeding him a bunch... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

Generally speaking, a criminal defense attorney would know best how to navigate the criminal justice system and analyze what is happening in order to tell you if any crimes are actually being committed against you.

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 »

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Florida on
Q: After an arrest, can the officer place you in the car with windows up and engine off while he finishes his investigation

After about 10 minutes a sheriff from the county came over on his own to show some decency and open the door for me so I could breathe.

Henry George Ferro
Henry George Ferro answered on Jan 9, 2022

This is an interesting question and you are protected by the constitution against cruel and unusual punishment. Given your fact pattern, I don’t believe that the actions of the officer rise to that level, the intervention by the deputy was appropriate and kept the situation from the escalating... Read more »

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