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Questions Answered by Keith Petrochko
2 Answers | Asked in Criminal Law for Florida on
Q: My best friend stole a phone, got caught, then returned it. Can she get arrested later?

She is a minor and has a clean record.They got her name and license plate number. This happened at a yard-sale. The phone was on a table.

Keith Petrochko
Keith Petrochko
answered on Sep 25, 2015

Yes.

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2 Answers | Asked in Employment Law for Florida on
Q: I'm a full time worker

"Can an employer in state of Florida said that I have to work more than 40 hours without overtime pay and I have to enjoy the 8 hours expended in two period of 4 hours the week before or after the Saturday work (overtime)?"

Keith Petrochko
Keith Petrochko
answered on Sep 25, 2015

Generally, employers need to pay overtime. More facts would be needed, but these cases are quite common. Contact an employment/discrimination attorney as soon as possible. We generally work state wide, so contact who you feel comfortable with despite geographic location.

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2 Answers | Asked in Employment Law for Florida on
Q: I was being verbally abused by my co-worker. I received a bad review/probation for not getting along with him.

Other employees and high level management witnessed several incidents of abuse and reported it to HR, and he was reprimanded. I also think that my manager was spoken to for allowing the abuse to go on, as I has advised him of several incidents before they reported it to HR. My manager gave me my... View More

Keith Petrochko
Keith Petrochko
answered on Sep 17, 2015

Not from what you have stated. However, that can change with a few more facts. Contact an employment/discrimination attorney.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: As a landlord, am I required to put the tenant's security deposit into an interest bearing account?

The tenant is moving out and is demanding her $800 security deposit plus interest...

Keith Petrochko
Keith Petrochko
answered on Sep 17, 2015

No. But you are required to disclose if the deposit is being held in an interest or non-interest account.

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2 Answers | Asked in Employment Law for Florida on
Q: Upon termination, can employer legally delete the employees personal cell phone, w/o having a written/verbal byod

Cell phone required for job (sales), company doesn't even offer company issued phone, and termination wasn't for gross misconduct, that's another issue, more than likely it is a discrimination termination. There is not even any mention of this in the company handbook. It deleted all... View More

Keith Petrochko
Keith Petrochko
answered on Sep 17, 2015

Well, if it was their phone then they can do what they want with it. If you feel that you were terminated for a discriminatory reason you should consult with an employment/discrimination attorney.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: What can I do to avoid taking the financial fall for early lease termination when the co-signee won't pay?

I co-signed a 12-mo. apt lease with my then-boyfriend. We established that neither of us were able to afford the entire rent individually and agreed, in the event of a split, we'd initiate lease termination and split the cost. We broke up, I remain in the apt and have initiated lease... View More

Keith Petrochko
Keith Petrochko
answered on Sep 17, 2015

You are both jointly and severally liable. Get a new roommate or attempt to work out a payment structure with the landlord.

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2 Answers | Asked in Criminal Law for Florida on
Q: In the event of an active shooter on campus, having access to a firearm in a vehicle, would it be legal to retrieve it?

I work in a school. In the event of an active shooter, will I be breaking the law retrieving my firearm from my vehicle and entering school property?

Keith Petrochko
Keith Petrochko
answered on Sep 10, 2015

Yes.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can a landlord keep a partial security deposit if I never moved in?

I gave a partial security deposit but was unable to come up with the rest of the deposit plus the rent so I asked for my partial security deposit back since I had never moved in and the landlord refuses to return it.

Keith Petrochko
Keith Petrochko
answered on Sep 10, 2015

Possibly. Depending on the contract you signed you may be liable for a lot more. That said, without reviewing the contract it is impossible to say.

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2 Answers | Asked in Juvenile Law for Florida on
Q: What happens when a twelve year old boy have sex with his thirteen year old sister

The twelve year old initiated the sexual advances on his older sister and she concented to the sexual contact between them and they had sex what would the law recommend

Keith Petrochko
Keith Petrochko
answered on Sep 10, 2015

A 13 year old cannot give legal consent. Both children face a plethora of terrible consequences.

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2 Answers | Asked in Real Estate Law for Florida on
Q: My arrigation line was severed by the lawn mower company, who is hired by the mobile home park where I live. Can I sue?

My water leaked out for 2 to 3 days until my neighbor brought it to my attention. I am awaiting my water bill, which is going to be high. The Plumber advised me that the line was cut by a lawn mower. If I am billed for the wasted water, who can I sue, the mobile park or the lawn compan?

Keith Petrochko
Keith Petrochko
answered on Sep 8, 2015

You would be able to sue either company, with indemnification possible for the property manager. However, the cost of litigation is going to be significantly higher than the water bill, so I suggest speaking with either company about the issue before you pull the trigger on a lawsuit.

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2 Answers | Asked in Criminal Law for Florida on
Q: Can a 16 year old date a 24 year old?
Keith Petrochko
Keith Petrochko
answered on Sep 8, 2015

Sure, but anything beyond dating opens the door for serious legal consequences.

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2 Answers | Asked in Criminal Law for Florida on
Q: If a victim doesn't press charges for credit card fraud what happens
Keith Petrochko
Keith Petrochko
answered on Sep 8, 2015

Well, the victim never really presses charges, the state does. However, without the victim the state likely won't do anything. That said, a clean break isn't guaranteed, so you should speak to an attorney as soon as possible.

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2 Answers | Asked in Animal / Dog Law for Florida on
Q: While walking my dog a neighbor threatened to shoot him if he pottys in his yard again. What are my rights and steps I..

should take next? Should I call the police and report the threat, file a complaint, what are the laws in Florida, for such situations?

Keith Petrochko
Keith Petrochko
answered on Sep 8, 2015

You can call the police, but they probably will not take any action. I recommend revising your walk in the future to avoid such a lunatic. If they continue to threaten you contact the police and an attorney.

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2 Answers | Asked in Education Law for Florida on
Q: Can I sue a university for keeping me from graduating?

My professor purposely avoided assessing my portfolio until it was too late for me to graduate.

Keith Petrochko
Keith Petrochko
answered on Sep 8, 2015

That depends on the way your professor held your final grade. Unless you missed a job because of this ordeal a lawsuit would likely be a waste of money (assuming you are able to graduate the following semester).

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Late rent and fees

I have been late on rent the past 3 months. The first month I paid it including late fees. The second month she tried charging me $690 in late fees. My rent is $1500 month and I could not afford it. She said if I wasn't late again I would not have to pay the $690. Friday I paid $800 towards... View More

Keith Petrochko
Keith Petrochko
answered on Sep 8, 2015

There are a number of things you can do, but the best thing to do is to call an attorney immediately.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can I get deposit back?

I had to terminate my lease after only 2 1/2 months. I advised Landlord only 10 days before, but not from ill will, but just my circumstances changed financially.I get this is not my landlords fault; just did no have the money. My lease does not state that I must provide 60 days -- it does state... View More

Keith Petrochko
Keith Petrochko
answered on Sep 8, 2015

Even if the 15/30 day notice were not followed your landlord would still be able to collect any damages caused by you breaking the lease. Damages would be any clean up that needed to be done and rent lost waiting for a new renter. If s/he is only charging one month rent you got out pretty easy. I... View More

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2 Answers | Asked in Health Care Law for Florida on
Q: Can a Medical associate group discharge a family over a phone call argument?

The name on my sons shot records and the name i registered him in didnt match when i took him to hospital. The hospital staff asked me and i clarified so he was seen by the doctor and we went home. Apparently the hospital sent a sheriff to our house because they suspected something.The sheriff was... View More

Keith Petrochko
Keith Petrochko
answered on Sep 8, 2015

Yes. No one has to do business with you against their will (absent a duty otherwise).

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3 Answers | Asked in Family Law for Florida on
Q: My husband wants a divorce, I do not. Can a divorce be obtained if I refuse to sign anything?

We have been separated for two years. Happily getting along, co parenting very well. He met a woman three weeks ago and now wants a quickie settlement. I want him to come to marriage counseling with me. Also, is there a way of keeping his new girlfriend away from my children?

Keith Petrochko
Keith Petrochko
answered on Sep 8, 2015

Yes. You can not force someone to stay married to you. No, you can't keep his girlfriend away from your children unless there is a great reason to do so... simply not liking her isn't going to cut it.

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2 Answers | Asked in Criminal Law for Florida on
Q: Been charged with possession of a handcuff key ,police said it was in my wallet,iv never owned such akey what is my defe
Keith Petrochko
Keith Petrochko
answered on Sep 8, 2015

Your best defense is to allow a lawyer to represent you, either a private criminal defense attorney or the public defender's office.

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