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Florida Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for Florida on
Q: How was judicial review established?
Charles M.  Baron
Charles M. Baron
answered on Oct 21, 2022

You can easily find online academic articles on this subject, for example:

https://constitution.congress.gov/browse/essay/artIII-S1-2/ALDE_00013513/ The key case where the Supreme Court established judicial review was Marbury vs. Madison. See more about it at:...
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1 Answer | Asked in Civil Rights, Constitutional Law and Small Claims for Florida on
Q: If I get dv battery charge dropped in fl, what lawful civil retribution should I do?

Filing false police report, pain n suffering like whole unnecessary arrest, imprisonment and court fees? Kicked out of own house after she already moved out due to can't return to scene she claimed. Forced to abandon dogs until trial is done.

Charles M.  Baron
Charles M. Baron
answered on Oct 15, 2022

Retribution means punishing for revenge. I assume that's not what you mean; that you instead mean to ask what legal action you can take to seek monetary compensation for your loss of liberty, economic losses, and emotional distress. You certainly may sue your accuser (your ex) for malicious... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Election Law and Gov & Administrative Law for Florida on
Q: Does this mean governor Ron DeSantis committed voter intimidation by using felons who unknowingly voted illegally?

Just days before the primaries, governor DeSantis made sure not to clarify that these voters were felons who thought their rights were restored. I cannot see how this is NOT being considered voter intimidation. If you think that what this man has done was legal, please explain. I appreciate your... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 22, 2022

I looked online for what you are referencing, and I see a story regarding DeSantis announcing that the Fla. Dept. of Law Enforcement arrested 20 people who allegedly voted illegally because their voting rights were not restored, even though they were allowed to register. (See, for example,... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Florida on
Q: The defendant in my civil case admitted to a federal crime under oath during testimony. What can I do about that?

I filed a civil suit and during the trial after everyone was sworn in the defendant not only admitted to a federal crime but provided proof that he had possession of the counterfeit document, knowing it was a counterfeit document and submitted a photo copy of that document as evidence.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2022

Mere possession of a counterfeit document is not necessarily a crime.

It's not really up to the judge to do anything. You could, if you want, report it to the federal authorities, and see if they want to prosecute.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Is this true about tampering with evidence florida??

drugs out window

Florida case law has made it very clear that when a defendant simply throws potential evidence, such as a bag of drugs, out of the car window during a police stop, the defendant cannot be prosecuted for tampering with evidence.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2022

So, are you asking us or telling us? If you want case law to back up your statement, you probably will need to research it yourself.

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 Criminal Law, Cannabis & Marijuana Law and Constitutional Law for Florida on
Q: Can I obtain legal council pro bono I’m so not have a job or any money since being released from prison a year ago

I have a co defendant that is incarcerated for the charges of possession of cannabis greater than 20 grams

It is said that I have charges coming against me for sales of meth months prior

Charles M.  Baron
Charles M. Baron
answered on Mar 28, 2022

If you are charged with a crime and cannot afford a private attorney, the Court will likely appoint an attorney to represent you at no cost to you. If you are seeking advice about your situation though not yet charged with anything, call criminal defense attorneys in your area, and you will... Read more »

1 Answer | Asked in Criminal Law, Immigration Law, Real Estate Law and Constitutional Law for Florida on
Q: Is it right to arrest a person on a boat with foreigners and bring them into the country and charge him for smuggling?

And charge him for illegal entry when he was brought into the country? What happens to his boat while he is being charged? How can he acquire the boat back?

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Mar 16, 2022

Potentially yes. Hire a criminal defense attorney who handles federal charges/crimes.

1 Answer | Asked in Constitutional Law for Florida on
Q: 20mm disorderly conduct 877.03 prevent concealed weapons permit

It orginally was assault

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Feb 16, 2022

A conviction for the misdemeanor of disorderly conduct should not prevent the issuance of a concealed weapons permit.

Q: Can I sue city to recover excessive fines?

I was fined 16k for violating city code on short term rentals. I moved so didn't receive the 1st notice warning and they did not post it at the house as required once returned. I received a notification to appear before special magistrate a few months later. I hadnt rented short term for a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 1, 2022

Sure anyone can sue anyone else at any time for anything--including this situation.

But I don't recommend trying it without a lawyer.

Whether you have a good claim or not depends on what the code violations were for.

Hire a lawyer to investigate this case and advise you on what to do.

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 the HOA has used this broad discretion to bill only certain homeowners for cost to maintain common area's deeded to the hoa.... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 3, 2022

The common areas are designated by the plat of the community and the Declaration of Covenants, Conditions and Restrictions. The board has discretion on how to spend HOA funds to maintain common areas. I am not sure what you mean by the last part of your statement "have used the bill only... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Products Liability for Florida on
Q: What are the legal limitations when it comes to damages done to a home during a search by the police?

My rental property was destroyed to the point that the house is now unlivable. They broke every window in the house, tore all doors off and damaged the structure. Broke beams

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 27, 2021

Since you are renting you do not own the premises, so report all of this to your landlord or their agent.

1 Answer | Asked in Constitutional Law for Florida on
Q: Does the Guarantee Clause provide for Congress to make efforts to protect the US Capitol Bldg (re: Jan 6, 2021 events).

Should Rep. Pelosi and Sen. Charles Schumer agreed to having the National Guard called in when suggested in order protect against domestic violence? Does this Article apply to D.C. as well as states? Thank you.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 23, 2021

No, Article 4, Section 4 of the U.S. Constitution doesn't guarantee a "Republican Form of Government" to the District of Columbia, or otherwise apply.

2 Answers | Asked in Family Law, Personal Injury, Constitutional Law and Health Care Law for Florida on
Q: I just found out last night from my 9 year old that her older sister and niece have the Corona virus and she was expose

He hid it from me so I wouldn't know what legal action can I take

Vanessa Vasquez de Lara
PREMIUM
Vanessa Vasquez de Lara
answered on Nov 13, 2021

Until you know whether she actually has it there isn't much you can do. And after, you can take him to court for violating parental responsibility.

Good luck!

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2 Answers | Asked in Estate Planning, Constitutional Law and Probate for Florida on
Q: Is there any possible scenario that would allow for second cousins to inherit under intestate succession?

If a Decedent died intestate and was never married, had no kids, no surviving parents or grandparents and no surviving aunts/uncles, or issue thereof, is there any possible scenario that would allow for the next of kin collateral heirs (being descendants of great-grandparents, ie. second cousins)... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 26, 2021

Yes, it is possible. The State rarely gets assets to an estate. One thing that would be done in a probate with only distant and remote heirs would be the affidavit of heirs. If an intestate decedent has no living spouse, children, parents, or siblings, intestacy laws provide mechanisms to determine... Read more »

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1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: I’m a victim of remote neural monitoring. What should I do? Who should I contact?
Charles M.  Baron
Charles M. Baron
answered on Oct 16, 2021

That's an Interesting question; I never heard of remote neural monitoring, so I just googled the phrase, "remote neural monitoring court cases". That turns up a number of court decisions which uniformly reject all such claims. The Courts dismiss such claims based on reasons such... Read more »

1 Answer | Asked in Constitutional Law for Florida on
Q: Order Probable Cause Determination Action_F.R.C.P. 3.131(a) CAN JUDGE LEAVE BLANK after setting bond?
Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Oct 14, 2021

Generally speaking, a judge determines probable cause at a hearing and verbally announces their finding. Many times, certain things are erroneously left blank on certain forms and documents. The short answer is that, generally speaking, failing to write something on a certain box on a form or order... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Caso Víctima de una falsa detención, discriminad acceso a la justicia le fue arrebatada una orden injunction a su favor.

Case Victim of a false arrest, discriminated against access to justice since a protection order was snatched from her with false reports by the Police, later sentenced "Not just cause"

4 months later he was arrested for the same charge but with reports of aggressions that did not... Read more »

Henry George Ferro
Henry George Ferro
answered on Oct 6, 2021

My only suggestion is for you to meet with a lawyer and discuss possible options…I will warn you that you might have to pay for consultation and review of your file.

1 Answer | Asked in Real Estate Law and Constitutional Law for Florida on
Q: Can my son live with me at a 55+ community if I am recently mentally disabled.

I have been diagnosed with bipolar, anxiety, depression, PTSD,plus some physical disabillitys.My son moved here I own my trailer but pay a lot rent they said he can't live here he is 33 I want to move in a year they say he can't stay,is there anyway he can stay to help me?

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

Consult a lawyer in your area handling elder law issues. Search for lawyer by either clicking on the Find a Lawyer tab on the top of the Justia web page or contact the Florida Bar Lawyer Referral Service, which will refer you to a lawyer with a low consultation fee - see https://lrs.floridabar.org... Read more »

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 »

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