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Questions Answered by Terrence H Thorgaard
2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can unsworn video identification be court evidence?

A detective came to my house and asked me to identify my boyfriend in a surveillance video, where he was seen walking back and forth along a fence. I was not sworn in during this process. This identification is included in his discovery but notes in bold that I was not sworn in. Can this be used as... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 14, 2025

You can be subpoenaed to testify as to the truth of what you told the detective. If you disobey the subpoena, you can be held in contempt of court. If, when you are forced to testify, you recant and deny what you said on video, you can be charged with lying to a police officer.

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1 Answer | Asked in Civil Rights and Family Law for Florida on
Q: Is it legal for my family to force me to get a birth control implant when I'm 18 or else I'll be put out on the street?

I am 18 years old and currently live with my grandmother and dad. They discovered that I have been seeing someone and are now forcing me to get a birth control implant; otherwise, they will make me move out. I found some organizations under the Project Heart Foundation, but I currently have no way... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 13, 2025

No, your family cannot force you to use birth control devices. You are of age and so they can't require it. If they require you to move out, they can do so. You can demand that your grandmother return your phone to you.

1 Answer | Asked in Small Claims for Florida on
Q: How to cancel a Florida small claims case as the defendant is deceased?

I self-filed a small claims case in Florida, and the Sheriff's office tried to serve the Summons. However, they reported that the defendant has passed away and the property was sold to a new resident. The case is in its initial stages with a Pretrial Conference/Mediation scheduled for 4/9/25.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 10, 2025

Normally if you fail to attend the pretrial conference, the case will be dismissed.

It is unclear who sold the property. Did the defendant sell before dying or did the defendant's estate sell it? A lis pendens should have been filed when you filed the claim. This would have...
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2 Answers | Asked in Collections and Child Support for Florida on
Q: Can I seek exemption from wage garnishment in FL due to financial hardship?

I have a writ of wage garnishment delivered to my work on the 10th, but I haven't had a good mailing address in over four years to receive any related documents or respond. I earn $22.50 an hour, pay $750 a month in child support, and live in a sober living residence with no assets. The... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 25, 2025

You should immediately get a "claim of exemption" form from the clerk of court, and if you are entitled to an exemption, you should complete and sign it and file it with the clerk. It appears that the child support you pay is not equal to half or more of your monthly wages, so your wages... View More

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1 Answer | Asked in Traffic Tickets for Florida on
Q: What are my chances with only a ticket as evidence?

I have a court appearance on Monday in Pasco County for a traffic ticket issued by FHP. The only evidence from the state is the ticket itself; there's no radar or dash cam footage. I was allegedly driving 55 in a 60 mph zone. The prosecution offered a deal of reckless driving without points,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 23, 2025

Presumably you have been ticketed for reckless driving. The ticket itself is not admissible evidence, testimony of the officer will make the case a matter of your word against that of the officer. So, it depends on whether the officer's testimony is believable beyond a reasonable doubt.

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: What does 'Effect Of Adoption' mean in a will?

I am a biological son of my parents, and my father's will in Florida was recently revised. This new will includes a clause titled "Effect Of Adoption." When I asked the estate attorney about this, I was told it's just "boilerplate." There have been no adoptions in our... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 23, 2025

One would have to read the clause to know what it means. Sometimes attorneys who draft documents think they need to include "boilerplate" language to cover very unlikely but possible occurrences. It is included sometimes because that's what is "always done", but for no... View More

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1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Municipal Law for Florida on
Q: I am currently in a lawsuit against the county property appraiser in Florida in the circuit court. My wife and I were jo

I am currently in a lawsuit against the county property appraiser in Florida in the circuit court. My wife and I were joint plaintiffs my name was not on the deed when we filed because of a clerical error. I am on the deed now and it has always been our homesteaded residence. the opposing council... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 9, 2025

It appears that the issue is whether you are entitled to the homestead exemption despite your "not [being] on the deed when [you] filed because of a clerical error". Presumably the depositions were mainly for the purposes of clarifying the nature of that "clerical error". I... View More

2 Answers | Asked in Bankruptcy, Constitutional Law, Federal Crimes and Military Law for Florida on
Q: This will be a three part question? Just need clarification 1. The Officer issuing the summons is an executive branch

Officer and cannot “prosecute” an alleged violation as a juridical officer of the court as well. Is this not a violation of the constitutional separation of powers?

2. Why is the prosecutor statements and evidence being allowed as facts in the courts by their fellow bar member judges?... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 8, 2025

1) Actually, the clerk of court (an officer of the judicial branch) issues a summons at the request of a party to a case, or that party's attorney.

2) Attorneys request judges to admit evidence and thus consider it in making decisions. A judge and the attorneys practicing before such...
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1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: If there is an injunction with a contact provision of using an app for child communication, am I required to do so?

I reside in Polk county fl, my ex is out of state. Per the order, I have full physical and legal custody, no time sharing. There is no parenting plan past or present. I assume the provision to use the app is there should I need to discuss the children. However, I am unclear on if I am ordered to do... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 30, 2025

I would interpret the provision as follows:

1) You should download the app. Verify that the app gives notice to the other party that it gives notice to the other party that a message has been sent.

2) Ascertain that your ex has downloaded it as well.

3) If your ex...
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2 Answers | Asked in Civil Litigation, Medical Malpractice and Personal Injury for Florida on
Q: My arm entirely bruised after heart catheterization last week. Not small bruise and bump like their brochure says.

I wish I could upload a photo. Doctor office sent me home with post procedure instructions. Within the instructions it says I may have a small bruise and/or a bump at the site of cath insertion. The bruising i have starts at the lower part of my thumb and extends all the way up to my armpit on the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 2, 2025

See another physician to find out if the condition is serious. If it is, you need treatment, and you sue, the other physician might be a good expert witness. If you seek treatment, and you are covered by insurance, the insurance carrier may also help with an attorney.

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4 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Does a person who has the Power of attorney over someone have the power to change that person will and deeds?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 1, 2025

The will can only be executed by the testator (person who is leaving his or her property by will) or executed by another person in the presence of the testator and pursuant to his or her direction. So, unless it can be proven that the testator was present and told the person signing to do so, the... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Hi my boyfriend was in drug court in Florida and ended up getting a battery charge

He was in drug court and has spent over 30 days in jail , the victim in the case, signed a waiver prosecution and spoke to the state attorney’s office and was told that this charges are gonna get dropped because it was an accident and our friend ended up calling the police just being on the phone... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 30, 2024

From what you indicate, the state attorney's office has agreed to reduce or dismiss the charges. The new court date is to present the plea agreement to the judge and, if the judge agrees, have him released.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My dad died a while ago. I saw his will and I to realized that's not his signature on it. It's forged, what do I do
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 22, 2024

The will should have the signatures of witnesses and of a notary public. You can ask those people what they recall. The notary may have a journal in which the details of the notarization might be recorded. If you want to dispute the will in court, your attorney may well want to take depositions... View More

2 Answers | Asked in Animal / Dog Law for Florida on
Q: Someone stole my dog. I put up posters around the neighborhood offering a reward to anyone who returned it to me. One pe

Someone stole my dog. I put up posters around the neighborhood offering a reward to anyone who returned it to me. One person called me because they have my dog. They sent me real photos of the dog taken at the time of the conversation. They asked me for the reward before handing over the dog. When... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 4, 2024

Maybe they stole the dog, maybe not. But if they are not communicating with you because they want a "reward", they may be guilty of something.

Did they call you and send pictures of the dog by a cell phone? If so, you or the police can probably trace the call and identify them...
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2 Answers | Asked in Real Estate Law for Florida on
Q: I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lo

I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lot and installed a new fence at the front of my property with a gate. I want to remove the fence they installed and gain access to my land.

What should I do? Should I hire... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 23, 2024

The previous answer correctly suggests some of the measures that might be done. But as I read the question, the new fence is not on the neighbors' property but on the property of the person who asked the question, and blocks access, presumably from the street.

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1 Answer | Asked in Tax Law and Agricultural Law for Florida on
Q: Tax rate on 614000.00illinois farm sale from florida resident
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 22, 2024

If I correctly understand what you are asking, you want to know the taxes applicable to the sale of property in Illinois. You would have to ask the authorities in the area of Illinois where the farm is located. For federal income tax (capital gains), of any, that would depend upon your specific... View More

1 Answer | Asked in Criminal Law for Florida on
Q: My next court date says misc criminal fel what does that mean

I've been going to court for a year

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 14, 2024

It's some sort of hearing relating to a felony prosecution. What the "miscellaneous" hearing is all about would depend upon local criminal practice.  

For a felony, you definitely need an attorney, either one appointed to represent you or one you can hire. If you...
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2 Answers | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: Can I be charged with a crime I didn't commit based on hearsay?

I currently live in Hillsborough county Florida and my soon to be ex-husband and his Friend accuse me of having a weapon (knife) . I haven't been officially charged assault w/ deadly weapon. But the only thing is my husband (person that said I committed the crime) a couple of months ago went... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2024

Hearsay is a statement made about what someone said to a testifying witness. If your husband were to tell the court that although he was blind, you told him you had a knife and that you were going to attack him with it, there is an exception to the hearsay rule because it would be something you... View More

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2 Answers | Asked in Bankruptcy for Florida on
Q: A friend owes $30,000 (I have IOU) claimed bankruptcy in 2016 then made a few payments 2023 can I sue for remaining?

I have signed IOU and texts of her stating that she felt ethically and morally obligated to pay me back even thought she claimed bankruptcy. I have a letter stating her bankruptcy was dismissed but she had one says it was granted I don’t know if I can sue for remaining debt since she opened the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2024

Check to see whether her bankruptcy case was dismissed or whether her debts were discharged. Check at https://pacer.login.uscourts.gov/csologin/login.jsf

If your claim was listed, and if her debts were discharged, no, you can't sue her. Her statements that "she felt ethically...
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2 Answers | Asked in Bankruptcy and Legal Malpractice for Florida on
Q: I paid in full for a chapter 7, the attorney appointed to me did not file in a timely manner

After the attorney was appointed to me, I hired him as my divorce lawyer. At the time of final payment for bankruptcy he had all my current financial info. He did not file in a timely manner and has yet to honestly or validly explain why he did not file as soon as my last payment was made which... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 8, 2024

The question raises several interesting points:

1. What were the circumstances involving an attorney being appointed to represent you in a bankruptcy case? Normally you would retain a bankruptcy attorney, not have one "appointed" to represent you.

2. You say the...
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