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Questions Answered by Michael Mayoral
1 Answer | Asked in Uncategorized for Florida on
Q: I've been served a restraining order based on lies. Can I sue for libel & defamation?

The comments they make even contradict each other. Accusations made up are ridiculous. Can I sue same day of hearing?

Michael  Mayoral
Michael Mayoral answered on Jan 14, 2022

You can always sue for libel and defamation, but the real question is whether the lawsuit will be successful. You should consult with an attorney who handles libel and slander cases for that. You should know that Florida’s litigation immunity privilege provides absolute immunity “to any act... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Libel & Slander for Florida on
Q: What type of lawyer do I need to hire in a matter of being falsely accused by an individual and targeted by the person.

I've had an individual file report accusing me of things I have not done and know nothing about with the local state and fed. This guy is targeting me because he for she rain thinks I've slept with his girlfriend or whatever she is. I don't know if this girl is feeding him a bunch... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

Generally speaking, a criminal defense attorney would know best how to navigate the criminal justice system and analyze what is happening in order to tell you if any crimes are actually being committed against you.

2 Answers | Asked in Animal / Dog Law for Florida on
Q: Housemate let my dog out while I was at work and she attacked the neighbors dog. Who is responsible for the vet bills
Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

Generally speaking, you could be held liable for the damages (bills). Under Florida Statute § 767.01 "Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of “domestic animal” and “livestock” as provided by s.... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Would it be legal for someone being abused to drug their abuser to facilitate an escape?

For example, a woman slipping a sedative into her partner's water so she can escape while he is unconscious

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

This is an oddly specific question. It may be illegal, and probably is. I can see that you're thinking of it in a "self-defense" sense, but it is not that clear and easy to be sure that the action is justified/"legal." In Florida, a person (Defendant) would be justified in... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I need someone to help my wife get her good time. She's is incarcerated, she needs a lawyer to put in for her good time.

She's recently she's incarcerated at Metro West and if her good time was put in she will get out in 2 months

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

Gain time or "good time" is generally automatically calculated by corrections. You should not need a lawyer or a motion for this to happen.

1 Answer | Asked in Real Estate Law for Florida on
Q: To transfer house deed to me, (husband died), I need a new deed. Which, warranty, quit claim, or lady bird is correct?

And I need to send in his death certificate.

Michael  Mayoral
Michael Mayoral answered on Jan 11, 2022

I hate to not give you a simple answer on this, but it depends on a number of factors. You should contact a "probate" attorney in your area. That's the type of attorney who deals with transfers of property due to the death of a person.

1 Answer | Asked in Criminal Law for Florida on
Q: What would happen to you if you make an affidavit to confess that drugs found we're yours and not the persons in jail?

My friend is being charged with multiple counts of possession of a controlled substance that was his boyfriend's. They were together when the drugs were found next to my friend. His boyfriend was free to walk and bow is now making an affidavit stating that the drugs were his and not my... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 11, 2022

He could very well get in trouble when he turns in the affidavit. Another term for an affidavit where a person says they committed a crime is a "written confession." He should consult with a criminal defense attorney before he does anything like that.

2 Answers | Asked in Tax Law for Florida on
Q: I sold a second home with a net profit of $187,000. I don’t pay income taxes because my income is tax free. Do I have

To pay capital gains taxes?

Michael  Mayoral
Michael Mayoral answered on Jan 11, 2022

I would guess that you do, but the person you want to consult with on this is an accountant/CPA.

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1 Answer | Asked in Business Law for Florida on
Q: Business legal advice.

2. Years ago I got diagnosed with cancer. I'm president of my business with a partner. Now that I couldn't go down there while dealing with this my partner says I'm not aloud to receive any profit from my company because I'm not there at the business right now. She's done... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 11, 2022

The answer is going to depend on a number of factors, such as the type of business entity, the operating agreement, the division of shares, and other things. I recommend that you consult with an attorney asap. You can speak to them, send them the relevant documents, and potentially retain them to... Read more »

2 Answers | Asked in Family Law for Florida on
Q: Can someone help me by walking thru how to summit exhibits for my child custody case? No one at the court last will help

They referred to it as a Courts Standing Order in person. The paperwork provided says I can send it thru email but I am being told I can't and won't get an other answers. My case is out of clay county and I have the case number if someone can help me out it would be appreciated. I am... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 5, 2022

Suggestions:

1) Call the Judge's judicial assistant and ask them what the judge prefers. You can find their contact information by searching for the judge on google, which will usually have their office's contact info;

2) E-File the exhibits through Florida's E-filing...
Read more »

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2 Answers | Asked in Business Law for Florida on
Q: I recently had to leave my restaurant business location for a family emergency. A new restaurant has moved in. They are

The new restaurant is using all my business signs

Customers are believing that they are eating at my restaurant. I have a new location and this causing confusion. I have already asked them to replace the signage or at least cover it up.

Michael  Mayoral
Michael Mayoral answered on Jan 5, 2022

This may be the basis of a lawsuit for Trademark Infringement. You can hire an attorney to send them a cease and desist/demand letter, and potentially file suit for damages.

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1 Answer | Asked in Criminal Law for Florida on
Q: It's been 55 days they have not formally charged me what's the odds of the state actually picking up charges
Michael  Mayoral
Michael Mayoral answered on Dec 9, 2021

It depends entirely on the facts on your case and the reason why the state has not filed charges yet. It could be that they are having trouble getting in contact with the victim, or another reason. It is impossible to say based on the information provided.

2 Answers | Asked in Car Accidents for Florida on
Q: My car was totaled in an accident and I think my tie rods must have failed. What can I do to prove this?

The insurance company did pay for my injuries but my pip didn't cover it. Also, the insurance company doesn't want to pay me what my car was worth. What can I do about all of this?

Michael  Mayoral
Michael Mayoral answered on Dec 9, 2021

You can consult with and retain an attorney who deals with insurance claims. The attorney should be able to do this on a contingency basis, which means you don't pay the attorney up front, but if you recover additional money, the attorney receives a portion of that.

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2 Answers | Asked in Criminal Law for Florida on
Q: How do I read a discovery on a specific murder case
Michael  Mayoral
Michael Mayoral answered on Dec 9, 2021

You can mail in a public records request to the state attorney's office and/or the police department requesting all documents, photographs, video recordings, audio recordings, and police reports pertaining to a specific case number.

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1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: The demanding agency had already stated that they don't wish to extradite why is my husband being rearrested

Fugitive from justice arrest made in Florida in 2019 arrested again for the same in 2021 the Manning agency stated no longer wish to extradite in 2019

Michael  Mayoral
Michael Mayoral answered on Dec 6, 2021

In order to have someone assist you on this very serious matter, try to phrase this as a question. For example, what question do you want an answer to? Ex: Can they do that? What should you do next? You may want to directly consult with a criminal defense attorney in your area.

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: I am looking for a lawyer to take my case against ABC Capital, please i need help finding one

ABC Capital, Ricardo Scattolini and Jay Walsh sold me a house in Baltimore for $ 80,000 claiming it was renovated but it wasn't. ABC Capital Miami was my property management but they don't want to pay me the monthly rent. Ricardo Scattolini does not answer my calls, does not answer emails... Read more »

Michael  Mayoral
Michael Mayoral answered on Dec 6, 2021

You may have a claim for a breach of contract. An essential factual element of a breach of contract claim is a material breach, that the defendant either failed to do something essential which a contract required it to do or that the defendant did something which a contract prohibited it from doing... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Time frame to notify a defendant of trial? Documents need to filed and received by defendant? Not a verbal notice?

I had been contacted by my Attorney and verbally notified I would be going to trial the next day. Not even a 12 hr notice, nor did I have a hearing to set a trial date. Offered plea deal and told if I didn't take and went to trial it would be very expensive. This isn't an active case yet... Read more »

Michael  Mayoral
Michael Mayoral answered on Dec 6, 2021

There is no set time frame to give notice to a client that their case is set for trial, but attorneys have an ethical duty to communicate with their clients and keep them reasonably informed of the case and the events in it. You may want to ask your attorney to request a continuance.

2 Answers | Asked in Criminal Law and Child Custody for Florida on
Q: First time offender, charged with 1st degree robbery w/a firearm, Likely sentence? Second time felon same charge, same ?

1st offender, woman/mom. Used weapon other than gun, was picked out of lineup, texts with pictures, phone logs with victim minutes prior to crime, toll logs of witness described vehicle leaving area within minutes of the crime. Being held on no bond. Concerned mainly what kind of trouble is mom... Read more »

Michael  Mayoral
Michael Mayoral answered on Dec 6, 2021

It is impossible to say what a likely sentence is on someone, even with this description of the facts. I can tell you that those are very serious charges and that it is in her interest to have a competent criminal defense attorney. A plea deal is almost always possible, but it depends on a lot of... Read more »

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2 Answers | Asked in Traffic Tickets for Florida on
Q: Can I fight a FL ticket written to the wrong person?

My son caused a fender bender with no damage done. The ticket was written to the other driver who was not at fault. Does he HAVE to call the officer to correct it or can he get out of it due to technicality?

Michael  Mayoral
Michael Mayoral answered on Nov 29, 2021

The best advice I can give is that neither of you should contact the officer and you should hire a traffic ticket attorney for your son and explain the situation to them.

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1 Answer | Asked in Criminal Law for Florida on
Q: Can you get a VOP when you aren't on probation? PD said I'm not but vop warrant was issued for some reason.

Haven't been sentenced at all yet. Made first appearance after the arrest and was assigned a public defender. I've never been arrested before and I'm not on probation but when I went to court the judge mentioned VOP but I'm not even on probation. Public defender said I'm... Read more »

Michael  Mayoral
Michael Mayoral answered on Nov 29, 2021

A warrant can be issued if you are not on probation for a number of reasons, but a VOP warrant can only be issued if you are on probation. It was likely an error by the clerk or the judge.

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