Lawyers, Answer Questions  & Get Points Log In
Florida Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Florida on
Q: I've been under surveillance for several weeks by what I assume is the FDLE Fusion center investigators

Based on their attire. They have not spoken to me or presented me with any kind of warrant. Recently I discovered they're in my attic watching inside the house 24/7 they will not acknowledge me. Can local police remove them from the property since they have no warrant or are these my new... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023

If you believe that law enforcement officers are conducting surveillance in your attic without a warrant, it is within your rights to contact local police to investigate the situation.

The Fourth Amendment protects against unreasonable searches and seizures, and if there is no warrant or...
View More

1 Answer | Asked in Civil Rights, Constitutional Law, Divorce, Family Law and Child Custody for Florida on
Q: My constitutional rights have been violated in civil/custody court many times. My children are in danger.

Pinellas County, fl.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

If you believe your constitutional rights have been violated in court, particularly in matters as serious as custody disputes where you feel your children are in danger, it is critical to seek legal advice immediately.

Contact a local attorney with experience in family law and civil rights...
View More

1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: Case laws in flordia with aggravted assault with a deadly weapon with out intent to kill.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

In Florida, aggravated assault with a deadly weapon without intent to kill is a serious charge often examined under case law to determine the specifics of each individual case. Keep in mind that case law is continuously evolving with new rulings, and an attorney's guidance will be crucial to... View More

1 Answer | Asked in Constitutional Law for Florida on
Q: The ucc1 if I file it in one state do I have to file it in another state even if I put what I won't on the first one

Does the first one cover the other state or do I have to file it separately

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

Filing a UCC-1 financing statement in one state may provide protection as a public notice of your interest in the collateral described within that statement, which can be effective across states.

However, if the debtor relocates to another state or if the collateral is moved, it may be...
View More

1 Answer | Asked in Criminal Law, Immigration Law and Constitutional Law for Florida on
Q: Are US Citizens protected from CBP officers searching their luggage when returning from a flight to a foreign country?

If you “look” suspicious to the CBP officer in the airport, can they detain you, search your items and question you based on their feeling? What 4th amendment protection do citizens have at airports?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

When U.S. citizens return from a foreign country, Customs and Border Protection (CBP) officers have the authority to inspect luggage and question travelers. This authority is rooted in the government's responsibility to enforce customs and immigration laws. Generally, routine searches of... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: Can the Police pull me over, let me go without telling me to pull my car over or stop driving and pull me again for same

Pull me over for same thing 15 Minutes later for same thing now arrest me and search my vehicle??

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

The Fourth Amendment protects citizens against unreasonable searches and seizures, which includes being stopped without a valid reason. If you were pulled over a second time for the same reason without a new violation occurring, it could be viewed as an unreasonable seizure.

However, the...
View More

View More Answers

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: Can the Police pull me over, let me go without telling me to pull my car over or stop driving and pull me again for same

Pull me over for same thing 15 Minutes later for same thing now arrest me and search my vehicle??

Charles M.  Baron
Charles M. Baron
answered on Oct 7, 2023

That is unusual. The officers' written reasons for their actions must be reviewed to determine if they provided rational reasons to support probable cause for their actions. Of course, they may or may not be telling the truth in their explanation, but that's where the analysis starts.... View More

View More Answers

2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a felon go to a gun range in Florida?

I own a black powder gun and would like to go into a shooting range?

Jonathan Blecher
PREMIUM
Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 7, 2023

It is illegal in Florida for convicted felons to possess firearms, including muzzleloading guns, unless the convicted felon has had his/ her civil rights restored by the state's Clemency Board or the firearm qualifies as an antique firearm under Florida Statute 790.001(1).

View More Answers

2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a felon go to a gun range in Florida?

I own a black powder gun and would like to go into a shooting range?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 7, 2023

The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime. See FS 790.001 (2) and (9). So the person who posted the question and owns a "black powder gun" probably isn't violating the law by owning it. In any event,... View More

View More Answers

3 Answers | Asked in Criminal Law, Civil Litigation, Constitutional Law and Federal Crimes for Florida on
Q: i am the victim of a kidnapping, false imprisonment, car jacking, assault/battery. What kind of lawyer should I look for

Polk county, I was cleaning a friends yard when he ex rolls up, assaults me, steals my truck, takes my phone, makes me ride with him, until I finally jump out, run and call the police from my smart watch. I would like to know what kind of lawyer I should be looking into. I need help with all of the... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2023

You have the right to make a claim for money damages against the perpetrator for actual monetary losses and for pain and suffering damages. If you have monetary losses directly caused by the crime, first speak to the prosecutor (Asst. State Attorney) because he/she may be able to seek restitution... View More

View More Answers

3 Answers | Asked in Criminal Law, Civil Litigation, Constitutional Law and Federal Crimes for Florida on
Q: i am the victim of a kidnapping, false imprisonment, car jacking, assault/battery. What kind of lawyer should I look for

Polk county, I was cleaning a friends yard when he ex rolls up, assaults me, steals my truck, takes my phone, makes me ride with him, until I finally jump out, run and call the police from my smart watch. I would like to know what kind of lawyer I should be looking into. I need help with all of the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

In your case, you may want to seek legal representation from a criminal defense attorney who specializes in violent crimes or assault cases. While you are not the one facing criminal charges, having an attorney with expertise in criminal law can help ensure your rights are protected, and they can... View More

View More Answers

2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Florida on
Q: I have always traveled by motorcycle therefore didn't have to have insurance or even license to travel freely.

As the same is also my constitutional right to do so. The police department unknown to me issued me a license then suspended it so they could charge me. Legal?

Charles M.  Baron
Charles M. Baron
answered on Sep 30, 2023

Licenses are not issued without an application and a fee submitted by the person seeking the license. Wonder if you're an identity theft victim. Request a copy of the license application, then see a lawyer. Regarding driver's license requirements for motorcycles, if the engine size... View More

View More Answers

2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Florida on
Q: I have always traveled by motorcycle therefore didn't have to have insurance or even license to travel freely.

As the same is also my constitutional right to do so. The police department unknown to me issued me a license then suspended it so they could charge me. Legal?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

Traveling by motorcycle without a license or insurance is generally not a constitutional right but rather subject to state laws and regulations. In the United States, each state has its own laws regarding the licensing and insurance requirements for operating a motorcycle on public roads. While the... View More

View More Answers

3 Answers | Asked in Constitutional Law and Real Estate Law for Florida on
Q: Is a homeowner entitled to fly a political flag as well as an American flag?

I received a letter from the HOA stating that under Florida Statue 720.304, I am not entitled to fly a political flag along with my American flag

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 14, 2023

It is not clear what is meant by a "political flag". The statute quoted permits "up to two of the following portable, removable flags, not larger than 4 1/2 feet by 6 feet":

"1. The United States flag.

2. The official flag of the State of Florida....
View More

View More Answers

3 Answers | Asked in Constitutional Law and Real Estate Law for Florida on
Q: Is a homeowner entitled to fly a political flag as well as an American flag?

I received a letter from the HOA stating that under Florida Statue 720.304, I am not entitled to fly a political flag along with my American flag

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

Florida Statute Section 720.304 is clear and understandable; you do not need a lawyer to interpret it. You can easily find it online, and here's the official web page for it: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/Sections/0720.304.html... View More

View More Answers

3 Answers | Asked in Constitutional Law and Real Estate Law for Florida on
Q: Is a homeowner entitled to fly a political flag as well as an American flag?

I received a letter from the HOA stating that under Florida Statue 720.304, I am not entitled to fly a political flag along with my American flag

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

Under Florida Statute 720.304, homeowners in a homeowners association (HOA) are allowed to display one portable, removable U.S. flag or official flag of Florida. The statute further permits the display of flags representing the Armed Forces of the United States on specific holidays.... View More

View More Answers

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: What happens at a civil pretrial conference?
Charles M.  Baron
Charles M. Baron
answered on Jul 21, 2023

That depends on the particular Court (ranging from small claims court to the highest trial courts), as well as on whether the Court issued an order with details on it. Generally, the judge will at least want to know if the case is ready for trial, how long the trial will take, how many witnesses... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: My brother was sentenced to 16 years in prison in FL with 0 evidence but heresay? Is he able to file for retrial ?

He only had a public defender and my dad and stepmom are the ones that believe my little stepsister. Even her blood brothers don’t believe her because she is known to lie! Because he was facing over 35 years for both charges he took a plea deal and only got 16 years

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2023

To be certain, a criminal defense attorney must be consulted. In general, it's very tough to get out of a plea deal if the judge has already accepted it, and the defendant cannot "file for retrial" if there was no trial to begin with. There are very limited circumstances in which... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Can a fore investigator use the plain view d doctrine (discovered paraphernalia) to further search parameters

After a fire in my home a

Fire investigator saw a syring in my bathroom in plain sight. It was in an open basket on bathroom counter. Also in same basket was folded up piece of paper with narcotics inside. Is said fire investigator allowed to continue his drug search by opening this paper... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jun 16, 2023

This is a complicated question. Why was a fire investigator present? A syringe is not automatically paraphernalia. Did the investigator question you about it? Did you make any statements? There may an issue with the investigator opening the paper if he did so without permission. You will need a... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a witness be creditable of he already have it put for defendant . My husband has a pending case that based solely

My husband has a case thats based solely on probable cause from an officer that had contact with his friend previously for a charge not related to my husband and his friend said the officer said " please give me something on John osteen just anything"

Charles M.  Baron
Charles M. Baron
answered on Jun 13, 2023

It is up to the trier of fact (jury in a jury trial or judge in a bench trial) to decide if a witness is credible. Your husband needs an attorney who will determine if the witness can be discredited - that is, come up with ways to persuade the trier of fact that the witness should not be believed.... View 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.