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2 Answers | Asked in Criminal Law for Florida on
Q: What am I looking at for possessing 7, 60 mg tablets of morphine in fl

Got into an accident, charged DUI of narcotics. Possessed 7 pills that they sent for testing, but it is morphine

Michael  Mayoral
Michael Mayoral
answered on Nov 10, 2021

If it is simple possession of a controlled substance under 893.13(6)(a), and not charged as trafficking or possession with intent to sell, it should be a third degree felony, punishable by up to five years in prison. This depends on the facts of your case and your priors, and I agree with the other... View More

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2 Answers | Asked in Consumer Law and Federal Crimes for Florida on
Q: Ballistic knives are basically banned everywhere around here. What about ballistic spikes?

It's hard to find a state where a ballistic knife isn't banned. In Florida, they're the only knife that is banned by name. My question is, what about a ballistic spike? If the protruding portion of the spring-based weapon doesn't have a sharp edge along the length, but instead... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 9, 2021

There is an old saying in criminal defense: “You might beat the case, but you won’t beat the ride to jail.” Basically, while you may be right that a spike is not the same thing as a blade, a police officer may not agree with you and might arrest you anyways, and then you will have to fight... View More

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4 Answers | Asked in Employment Law and Civil Rights for Florida on
Q: Can my job force me to get a COVID-19 vaccination?

I am a remote worker based out of Tampa, Fl. I am assigned to a medical center in Barre, MA. I am actively trying to become pregnant and there is not enough data on how COVID can affect my pregnancy or child. Not to mention long term affects of the vaccine itself. As a healthy 30 year old female... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 9, 2021

You should only seek and listen to medical advice from medical doctors, not lawyers on this forum. Contact an employment lawyer in your area and go over your legal options with them.

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1 Answer | Asked in Uncategorized for Florida on
Q: Can you vote for annual Board of directors via zoom?
Michael  Mayoral
Michael Mayoral
answered on Nov 9, 2021

Section 718, Florida Statutes is the law that governs condominium associations in Florida. Section 718.112(2)(b)(5), Florida Statutes allows the board of directors or the association committee to meet via telephone, real-time videoconferencing, or real-time electronic or video communication.... View More

1 Answer | Asked in Criminal Law for Florida on
Q: I have proof of someone violating their pre-trial release but no one seems to care. Who do I connect?

This person has been abusing me and And threatening me he tried to put a restraining order on me because I revoked his bond. The judge revoked his bond but gave him a new bond. The restraining order was not granted and now he's threatening to tell the police that I try to run him over because... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 8, 2021

One option is to walk into a police station with the evidence and report this as a new crime. Under Florida Statute 741.29(6) and Florida Statute 784.046(15), the crime of Violation of a Pretrial Release Condition is committed when a person out on bond for a crime of domestic violence or dating... View More

1 Answer | Asked in Consumer Law for Florida on
Q: I bought an RV and the salesman said he would mail me the title within one week, and it’s been 8 weeks, what can I do?

The RV is a travel trailer (meaning it is towed behind a vehicle, does not drive itself) and they gave me a bill of sale when I bought it (with cash) and promised the title ASAP.

They have blown me off for months now and I don’t know what to do because I want to resell the travel trailer... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 8, 2021

It sounds like you purchased it from a dealer. You are correct that they are legally required to perform a title transfer. One option is to file a complaint with FLHSMV.

Consumers can report such matter to the FLHSMV by faxing or mailing form HSMV 84901 to their nearest regional Division of...
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1 Answer | Asked in Uncategorized for Florida on
Q: If on probation in Florida and my only income is disability, am I required to pay monthly cost of supervision to DOC?
Michael  Mayoral
Michael Mayoral
answered on Nov 8, 2021

You can have an attorney (or an attorney at the public defender's office) write a motion to modify your probation to ask the court to waive costs of supervision due to financial hardship.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: My friend has a 4 yr old child. Im called the nanny. Been with him every day of his life almost. She is in jail will POA

Enough to move to New York There is no father and DCF is not involved.

Michael  Mayoral
Michael Mayoral
answered on Nov 8, 2021

If you are saying that you want to move to New York with the child, that doesn't sound like a good idea and can be the basis for legal action against you. You should consult a family law attorney in your area.

1 Answer | Asked in Real Estate Law for Florida on
Q: If a pipe breaks in a rental and the owner pays the plumber for repairs who is responsible for the water bill

Tenant in last month of lease and will pay her usual amount of water bill only.

Michael  Mayoral
Michael Mayoral
answered on Nov 8, 2021

Generally, you should review your lease to see what it says about which party pays the water bill and which party pays the consequences of a repair. Based on what you are saying, you might want to just negotiate the water bill down to the usual water bill with your landlord based on the broken pipe.

1 Answer | Asked in Criminal Law for Florida on
Q: Is its illegal for a sheriff department to put a criminal video on YouTube or Facebook with an open case pending
Michael  Mayoral
Michael Mayoral
answered on Nov 8, 2021

Generally speaking, it is not illegal. This was what the TV show "Cops" was all about. It only really violates the law if it reveals certain things about the victim "Marsy's Law"/Florida Crime Victims' Bill of Rights.

1 Answer | Asked in Uncategorized for Florida on
Q: How can I change charges against me and then go back to the original charge okay

She was originally arrested and bonded out on two pill charges one methamphetamine charge and one paraphernalia charge. Then when it was filed with the clerk of courts it was filed as three pill charges one paraphernalia charge no meth charge. And now they dropped two pill charges and the... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 8, 2021

A prosecutor can change charges a number of different times, however, the state only has 175 days after an arrest to file charges, and that is found in Florida Rule of Criminal Procedure 3.191.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: If a person is being held for over 90 days on several felony charges (domestic classification) and victim doesn’t show

For the depositions can the charges be dropped at a Arthur hearing? Or sounding? Or does it have to be done at trial?

Michael  Mayoral
Michael Mayoral
answered on Nov 8, 2021

In Florida, an Arthur hearing may be held to see if the defendant should be granted a discretionary bond. If a victim "doesn't show" for this, it doesn't mean the charges will be dropped.

A victim doesn't need to appear at sounding.

If a victim repeatedly...
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5 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Florida on
Q: I was assaulted by a Dollar tree manager as a customer, what type of lawyer do I need? Criminal and civil?

A Dollar tree manager assaulted me, threw, my cane, shove me & grabed my phone when I told her I was recording her because she wouldn't do a refund on things I had bought 2 mins. earlier w/receipt even though Dollar tree policy is to do so. As soon as I told her I was recording her she... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 10, 2021

You need a civil lawyer who handles personal injury cases. If you'd like to pursue criminal charges, contact the police or your local state attorney's office.

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2 Answers | Asked in Animal / Dog Law for Florida on
Q: I have been dog sitting for someone who bought the dog from me but I have been watching the dog for 6 months now.

Can I sell the dog and not give the person the money cause I had the dog for 6 months now and they can't take care of the dog.

Michael  Mayoral
Michael Mayoral
answered on Nov 8, 2021

I agree with Mr. Patel on this. You can't sell the dog and not give the person the money because you had the dog for 6 months. Try negotiating with this person and see if they can pick up the dog or if they will give you written permission to sell it.

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1 Answer | Asked in Employment Law for Florida on
Q: Can an employer keep my tip?
Michael  Mayoral
Michael Mayoral
answered on Nov 5, 2021

The basic rule of tips, under federal law and state law, is that they belong to the employee, not the employer. Employers may not require employees to hand over their tips unless one of these exceptions applies:

1) State law allows the employer to take a tip credit. Some states allow the...
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1 Answer | Asked in Family Law for Florida on
Q: Need help we have 1000 lawyer said could help with guardianship but now we actually need jennings Florida

Petition to terminate guardianship all consenting. was a permanent guardianship through courts in Valdosta they said she could petition court to get her daughter back at a later date.

Michael  Mayoral
Michael Mayoral
answered on Nov 5, 2021

First, my advice is that you consult with a family law attorney in Florida. However, in order to get proper assistance from a lawyer on this forum, you should consider doing the following:

1) Frame the issues as clearly as possible. What are the facts of your issue, state it in the most...
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1 Answer | Asked in Criminal Law for Florida on
Q: I am being harassed by someone , i know that is them they text with various fake numbers and they also spread rumors

what can I do, since I have fake numbers

Michael  Mayoral
Michael Mayoral
answered on Nov 5, 2021

Review Florida's Cyberstalking statute to see if a crime is being committed, and if it is, you can report the crime to the police:

"784.048 Stalking; definitions; penalties.—

...

(d) “Cyberstalk” means:

1. To engage in a course of conduct to...
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1 Answer | Asked in Real Estate Law for Florida on
Q: What states require HOA estoppel certificates similar to Florida to receive title insurance for property closings?

Looking for states that are similar to Florida

Michael  Mayoral
Michael Mayoral
answered on Nov 4, 2021

You are going to have a tough time getting an answer on this. Someone would have to review the law and practices of all 50 states (a fifty state survey). Generally, the title insurance underwriter can request it if they want it, it has to do with their requirements to issue a title insurance policy.

1 Answer | Asked in Real Estate Law for Florida on
Q: I want to find out if there is any protections in the law for somebody to get compensation to be relocated
Michael  Mayoral
Michael Mayoral
answered on Nov 4, 2021

Many companies offer employee relocation compensation to retain good employees and attract new talent, but I am unaware of any law requiring compensation (if you are specifically talking about employment related relocation). I suggest you resubmit your question with more facts about exactly what is... View More

1 Answer | Asked in Elder Law and Nursing Home Abuse for Florida on
Q: In Florida, Can we be sued if we video record home health aid? The agency is asking for the clip of the assault.

We’ve video recorded an physical aggressive behavior of the Caregiver toward elderly man and filled a report to Adult protective services about the incident. The private home care agency wants the video clip. I don’t believe I should sent it to the accused agency. Advise?

Michael  Mayoral
Michael Mayoral
answered on Nov 4, 2021

I handle ALF cases and this is unfortunately quite common. You should immediately contact an attorney who handles ALF (Assisted Living Facility) and Nursing Home Negligence cases. This is valuable evidence which may form the basis of a claim against them. In Florida, there is something called the... View More

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