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Florida Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Florida on
Q: Would this be considered illegal search and seizure, in the state of Florida? Also, looking for legal advice.

They initiated a traffic stop under the pretense of improper tag but never made a citation for this and ran a dog around the vehicle that supposedly alerted arrested my father, and then allowed the driver to leave without ticket or confiscating the tag.

Also, another thing is, the facility... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2023

You wrote about two separate issues, an arrest and conditions at a detention facility. Regarding the arrest, an attorney would have to review the arrest report and obtain all the facts. Does the arrestee have an attorney? If so, why look for help online? If no attorney, is help needed to obtain... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Native American Law for Florida on
Q: Is there anything to prove that the American Indians actually became US citizens?

My great grand father was born in 1878 and said it never happened because the US had nothing to offer. We couldn't vote until the 1960s don't citizens get to vote?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 19, 2023

The 14th Amendment to the United States Constitution provides, in pertinent part, that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. " Citizenship thus has very little... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Florida on
Q: Am i able to start a case if a defendant was falsely convicted and their due process right was violated?

There was a warrant to search a house. In trial it wasn’t used but was brought up that there was a warrant for a murder suspect. The original warrant reason was sales of mdma and marijuana. There was no sales charge given nor any audio or video of the sales being recorded. Also there was... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 18, 2023

Are you asking about a Legal Malpractice case? If so, many states have particular requirements for a legal malpractice case arising out of a criminal case. This might include the requirement of a finding of exoneration. Consult with experienced legal malpractice cases in your state.

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1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Yesterday I had an altercation with a police officer where he snatched my phone out of my hand and would not give itback

The original incident was an argument with somebody else who ended up flagging down the cops. When I was told to step out of my car, I was told I was not allowed to use my cellphone with the officer snatched it from my hand and would not give it back. Is that legal?

I’m not sure if I put... Read more »

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

Without a warrant, a police officer during an ordinary dispatch cannot seize and keep your cell phone.

Go to the police station, report what happened to a supervisor, and demand your cell phone back. That could resolve the problem without the necessity of hiring a lawyer to sue for the...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Florida on
Q: If someone is holding a lawful and peaceful protest, can 1 person ruin it for everyone by committing crimes?

If someone is holding a lawful and peaceful protest on a sidewalk, then 1 individual person comes and throws glass at police & otherwise does disorderly and unlawful actions, are police able to deem the entire protest unlawful and disperse it? Can 1 protestor's actions represent the entire... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 14, 2023

To answer this question, you must put yourself in the shoes of the police officers - that is how a Court would analyze it should the police action be challenged. (By the way, I have handled many police misconduct cases representing victims of false arrest, excessive force, etc., and I've been... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: Can you provide the correct procedure for motion to compel evidence

What is the exact procedure when defense atty files for motion to compel evidence, after judge grants it for two weeks WHY WOULD A DEFENSE ATTY ASK FOR A SECOND MOTION TO COMPEL AND A SANCTION. Are they able to be asking for a motion to request a dismissal of the case or a final judgment

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 13, 2023

Apparently, what happened was that the defendant's attorney moved that the plaintiff (which, of is a criminal case, would be the government) be ordered to produce some sort of evidence. The judge gave the prosecution two weeks to produce the evidence. When the defendant's attorney... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: if judge grants a motion to compel allowing state so many days to submit the discovery can they submit evidence after?

Judge gives deadline of evidence, is state allowed to submit and use evidence after this date to convict someone

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 11, 2023

No, if a judge grants a motion to compel and sets a deadline for the state to submit discovery, the state is not allowed to submit or use any evidence that was not submitted by the deadline. This is because the purpose of the deadline is to ensure that both the prosecution and defense have adequate... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: HOW DO STOP A COUNTY WHO IS TRYING TO TO EVESERATE YOU ANY WAY THEY CAN. CAUSE YOU CAUGHT THEM COMMIT MULTIPLE FELONY'S

THEY ILLEGALLY FILED FOR A DEMO ORDER THE ATTORNEY SAID THEY WOULD REMOVE WITH FOCE MY FAMILY. ONES 10 FIRST TIME SHES HAD A DECKED OUT BY GRANDPA BEDROOM. AND ACROSS THE STREET FROM US. SO HER LIFE IS STABLE GRADE ARE MAXED AND I KEEP THIS NEIGHBORHOOD PROPER. I HELP ANYONE CLEAN UP WHAT SOME NOT... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 11, 2023

It sounds like you are in a very difficult situation. If you feel that a county government agency is targeting you unfairly, you may want to consider seeking legal assistance to help protect your rights and interests.

Here are some steps you can take:

Consult with an attorney: A...
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1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: I let someone stay with me a month for free, now they are trying to have mail sent to establish residency. What can I do

What can I do to stop them from ever entering the property again.

Charles M.  Baron
Charles M. Baron
answered on Mar 8, 2023

1. Give written demand to leave (either immediately or give a deadline of your choice), and keep a copy; good to give verbal demand as well;

2. If the person refuses, read Fla. Statutes Section 82.035 (which is online) - that provides a remedy of having the police order the person to...
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1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Florida on
Q: Hired by a Federal Agency, got infected while on training, and terminated my employment. Can they just terminate it?

I was hired by a federal agency and invited for two weeks of training. I got infected with COVID on the third day of the training. They provided a hotel for quarantine. I could not receive the adequate medication that I needed from ER. The PCP advised me in Florida to travel from GA to have a... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

It's possible that you may have a case if your termination was discriminatory or in violation of federal law or agency policy. The EEOC investigates complaints of employment discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information, so if you... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Native American Law for Florida on
Q: If the Indian Removal Act moved the American Indians west how did the Seminoles come to Florida?

Every Seminoles we meet always say they came here to Florida but the Indians from here now call themselves Black. There are no schools that teach them that they are American Indians they teach them that they are Black. Are there any lawyers that will be ready to take the fight when we want to use... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

The Indian Removal Act, which was signed into law by President Andrew Jackson in 1830, forced many Native American tribes to leave their ancestral lands and relocate to areas west of the Mississippi River. However, not all tribes were removed, and some, like the Seminole, resisted relocation and... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for Florida on
Q: hello I was incarcerated back in 2017 and filed a civil case due to the action of 42 U.S.C. § 1983

case info on this question is as follows. Case # 2:2017cv00098

For this issue has the statue of limitations expired yet?

The cause of action for this is: 42 U.S.C. § 1983

Charles M.  Baron
Charles M. Baron
answered on Feb 28, 2023

The statute of limitations bars the FILING of civil cases after the expiration of the limitations period. Once the case is filed, there is no longer a statute of limitations issue. However, other deadlines then come into play under the Federal Rules of Civil Procedure and the Court's... Read more »

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2 Answers | Asked in Consumer Law, Criminal Law and Civil Rights for Florida on
Q: Is it illegal for a person to tell me that I'm hiring his boss for services, but never met the boss?

Alongside not meeting the person who was supposed to be hired, the money was accepted from me but services were not rendered. No receipts were given at all when asked multiple times for them, only promised to give them as i would tell him 'i need a receipt for this' but then would never... Read more »

Charles M.  Baron
Charles M. Baron
answered on Feb 23, 2023

Sounds like you've been scammed, as well as extorted. You should have promptly sought advice when you did not get receipts, but seek help now - schedule a consultation with an attorney. You likely have a potential civil claim for money damages (though you might have a collectibility... Read more »

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2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Domestic Violence for Florida on
Q: in florida what constitutes notice reasonably calculated in civil case... What statue?
Charles M.  Baron
Charles M. Baron
answered on Feb 20, 2023

Your inquiry is too vague. I suggest you start over with a new inquiry with specifics - notice from whom, to whom? (without mentioning names) - to accomplish what?

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2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Domestic Violence for Florida on
Q: in florida what constitutes notice reasonably calculated in civil case... What statue?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

In Florida, notice reasonably calculated to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections is required in civil cases. This is typically satisfied by following the rules of service of process as outlined in the Florida Rules of... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Native American Law for Florida on
Q: Why are the whites still in America when the Treaty of Middle Plantation says they must leave.

IV.

Whereas by the mutual Discontents, Complaints, Jealousies and Fears of English and Indians, occasioned by the Violent Intrusions of divers English into their Lands, forcing the Indians by way of Revenge, to kill the Cattel and Hogs of the English, whereby Offence and Injuries being... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 20, 2023

If you have any questions regarding these and other Tribal land issues, you can contact the BIA or Bureau of Indian Affairs in Washington DC, and they can respond to your questions and concerns Good Luck!

1 Answer | Asked in Personal Injury, Civil Rights, Libel & Slander and Medical Malpractice for Florida on
Q: How do I get a lawyer in my state if I am sueing the State?
Tim Akpinar
Tim Akpinar
answered on Feb 19, 2023

A Florida attorney could advise best, but your question remains open for two weeks. In addition to searches you may conduct on your own online, there is a "Find a Lawyer" tab at the upper left part of this page. You could search Florida attorneys by region and practice area. Additionally,... Read more »

2 Answers | Asked in Civil Rights, Personal Injury and Civil Litigation for Florida on
Q: Why is it hard to find a lawyer for a civil suit for sexual battery on a child

Molestation by mom boyfriend at 13

John Michael Frick
John Michael Frick
answered on Feb 8, 2023

Very few personal injury lawyers are willing to accept cases involving intentional acts like assault and battery because of concerns about the collectibility of any judgment.

Insurance policies uniformly have “intentional act” exclusions. Public policy usually precludes insurance or...
Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I was let go on self-defense how long does the police have to make a decision on if I’m going to be charged or not?

I was never arrested, I was taken in for questioning and was let go the same night. I didn’t have to bail out.

Jonathan Blecher
Jonathan Blecher PRO label
answered on Jan 29, 2023

Prosecutors will make that decision.

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 28, 2023

You have potential claims against the arresting officer and his/her employer if your criminal case had any of the following outcomes: No Information, Nolle Prosse (or Nolle Prosequi), Dismissal by the Court, or Acquittal (not guilty verdict) by the Court. If you entered a no contest (or nolo... Read more »

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