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Questions Answered by Michael Mayoral
1 Answer | Asked in Family Law for Florida on
Q: What can we do about a 40 year marriage that apparently was never legally recorded?

We were married on a whim in Vegas by a man we met that invited us to a party, Lots of drinking. He was supposed to be a person who could legally do it. If I remember correctly he gave us paperwork in script that I think was supposed to act as a temporary license while he filed the rest with a... View More

Michael  Mayoral
Michael Mayoral
answered on Oct 26, 2021

It sounds like the most efficient thing to do would be to apply for a marriage license and properly complete the marriage. All regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy, and all judicial officers, including retired judicial... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can a assistant state attorney bring charges on someone from another county. State of florida

Do they have limited jurisdiction

Michael  Mayoral
Michael Mayoral
answered on Oct 26, 2021

A state attorney from a certain county can bring charges against someone from a different county for a crime that occurred in the state attorney’s county. In other words, if a crime occurs in Miami-Dade, but the defendant is from Broward, the Miami-Dade ASA can charge the defendant from Broward... View More

1 Answer | Asked in Domestic Violence for Florida on
Q: My daughter was beaten and strangled with a leather belt by x boyfriend infront of her 2 sons all on video .

Now he has found away to flush her out from hiding for there life. he filed emergency sole custody and got it and had a pick up order for her children now police came to her safe house and arrested her with a charge of kidnapping her own children,took her boys and said they were going to cac but... View More

Michael  Mayoral
Michael Mayoral
answered on Oct 22, 2021

Your daughter needs to go to a police station with the evidence you are talking about and report the crime. They should find probable cause to arrest him, eventually arrest him, and a stay away order will be entered to make it illegal for him to contact your daughter during the pendency of the... View More

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Am I able to own a gun in NC if i had a felony arrest in FL that resulted in a plea of nolo contendre and adjud. withhel

I Successfully completed probation sentence and firearms were returned to me by fl sheriffs department. I can currently own them in Fl but i am not sure in NC. Will northcarolina recognize Floridas with hold of adjudication especially if the plea was nolo contendre?

Michael  Mayoral
Michael Mayoral
answered on Oct 22, 2021

This is a very good question and it is very important that you figure this out before you possess a firearm in North Caroline. I handle many firearm-related cases and I can tell you that the consequences of being arrested for being a felon in possession of a firearm can be severe. You can be... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: My in laws bought us a 325,000$ home my .? Is what rights do I have I’m not on the deed or mortgage

My wife said she was only being added to the insurance the plan was refinancing the house in 3-5 years once my in laws got there return off the investment then signing the house over to us but I seen the deed and all 3 of there names are on it me and my wife are legally married before the house was... View More

Michael  Mayoral
Michael Mayoral
answered on Oct 19, 2021

By the sound of it, her interest in the house is basically "marital property." Unless a couple has a valid written agreement stating otherwise, marital property in Florida includes all assets and debts either spouse acquires during the marriage. Spousal rights in Florida allow spouses to... View More

1 Answer | Asked in Uncategorized for Florida on
Q: friend was framed 4something neverdid on island in HI, attacked by group, charges dropd, now want travl internationally

rushed groupattackers/woodbrobbers, chargedout bar 2attack & stealluggage&valuables init, forced2reactfast, drawing a bb/pelletgun in abag fromtheluggage& using2 preventviolence byusing strongsubtle bodylanguage holdinginbag(2 preventpanic ortaking 4realgun)at they'reside,... View More

Michael  Mayoral
Michael Mayoral
answered on Oct 18, 2021

It sounds like your friend was framed for something they never did in Hawaii when he was attacked by a group of attackers and/or wood-robbers who charged out of a bar to attack him and steal his luggage and valuables, but he was forced to react fast - and he did - by drawing a pellet gun from a bag... View More

1 Answer | Asked in Uncategorized for Florida on
Q: I invested in a private company. After waiting and wiring the funds, I then got a cancelled email due to the questionnar

I was told my deal may have been cancelled due to the questionnaire. I researched the company, had to use the third party platform to invest, waited for 3 months on the waitlist, wired the funds, and then got an email stating my investment was being cancelled. How can this happen? I want in on... View More

Michael  Mayoral
Michael Mayoral
answered on Oct 18, 2021

It sounds like you are attempting to purchase unregistered shares of a company that is supposedly going public in the future. Sellers of unregistered securities are only allowed to sell to accredited investors, who are deemed financially sophisticated enough to bear the risks. This is what your... View More

1 Answer | Asked in Criminal Law for Florida on
Q: I have a record . Been too prison twice I currently on probation in two counties. 3 times in 3 yrs for driving end

Just caught the other day vop now end result is. This is for mey boy friend is in trouble

Michael  Mayoral
Michael Mayoral
answered on Oct 18, 2021

It sounds like your boyfriend is on probation in two counties and just received a violation of probation affidavit. He needs to contact his attorney or public defender attorney and report to his probation officer.

1 Answer | Asked in Criminal Law and Libel & Slander for Florida on
Q: My attorney from a case 6 months ago retired and I need prospective advice.

I was falsely accused with various incidents, but the accuser was caught with perjury. Can I sew for financial losses, pain or suffering? If so, what’s the process?

Michael  Mayoral
Michael Mayoral
answered on Oct 15, 2021

You potentially can sue for libel/slander. However when the libel/slander pertains to criminal accusations it is a very detailed and specific analysis that is honestly too detailed to explain in an answer here. Basically, it’s a complicated legal analysis that needs to be done by an attorney.... View More

1 Answer | Asked in Consumer Law for Florida on
Q: Can car dealerships in Florida make it a requirement to buy an extended warranty when purchasing a new vehicle?
Michael  Mayoral
Michael Mayoral
answered on Oct 14, 2021

I believe this is a negotiation issue, not a legal one. I am not aware of any law that says that a car dealership can't require that. It is a free market, it is their dealership, they can generally state that they "require" you to buy a whole lot of things in order to buy a car from... View More

1 Answer | Asked in Uncategorized for Florida on
Q: If I was fired for discussing my pay would I be entitled to a lawsuit
Michael  Mayoral
Michael Mayoral
answered on Oct 14, 2021

Potentially yes. Employers generally can't prohibit employees from discussing compensation. This is according to the National Labor Relations Board (NLRB) and an April 2014 Executive Order from President Obama:... View More

1 Answer | Asked in Libel & Slander for Florida on
Q: Can a shift lead be fired for discussing their pay
Michael  Mayoral
Michael Mayoral
answered on Oct 14, 2021

Generally, no, employers can't prohibit employees from discussing compensation. This is according to the National Labor Relations Board (NLRB) and an April 2014 Executive Order from President Obama:... View More

2 Answers | Asked in Business Formation for Florida on
Q: Can I have a copyrighted word in my business name? (LLC)

The word is Expedair. Looks like it is an Air Cananda copyrighted word for one of their services.

Michael  Mayoral
Michael Mayoral
answered on Oct 14, 2021

This could amount to trademark infringement. Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. This... View More

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1 Answer | Asked in Constitutional Law for Florida on
Q: Order Probable Cause Determination Action_F.R.C.P. 3.131(a) CAN JUDGE LEAVE BLANK after setting bond?
Michael  Mayoral
Michael Mayoral
answered on Oct 14, 2021

Generally speaking, a judge determines probable cause at a hearing and verbally announces their finding. Many times, certain things are erroneously left blank on certain forms and documents. The short answer is that, generally speaking, failing to write something on a certain box on a form or order... View More

1 Answer | Asked in Employment Law for Florida on
Q: I was fired for expressing my views on gender in am the comment section of a private Facebook post. Anything I can do?

It was a in a private Facebook group. Someone contacted my employer stating I was transphobic and it resulted in my termination.

Michael  Mayoral
Michael Mayoral
answered on Oct 13, 2021

A: Generally speaking, private companies and employers can fire an employee for what they post on social media. However, in general, employers cannot fire you for posting:

1) Truthful statements about working conditions, like harassment or unsafe working conditions.

2) Comments that...
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1 Answer | Asked in Employment Law for Florida on
Q: My employer fired me today for comment on a post on social media during off time.

The comment was about genders and someone did not like my answer so the person went through my profile, found my employer and reported me for transphobia. Can I do anything?

Michael  Mayoral
Michael Mayoral
answered on Oct 13, 2021

Generally speaking, private companies and employers can fire an employee for what they post on social media. However, in general, employers cannot fire you for posting:

1) Truthful statements about working conditions, like harassment or unsafe working conditions.

2) Comments that...
View More

1 Answer | Asked in Uncategorized for Florida on
Q: Can a lawyer advise client to dispute facts known as true just to delay the case?

Lawyer for my sons child's mother custody case advised her to dispute DNA results showing over 99.9 he was the father and knowing she had not slept with anyone else just to delay the case. Is this ethical?

Michael  Mayoral
Michael Mayoral
answered on Oct 13, 2021

It is not ethical for an attorney to take any course of action purely for the purpose of delaying a case. However, it is often difficult to prove that said course of action was undertaken only for the purpose of delay.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: is it legal for the state attorney to file two separate battery charges for the same altercation
Michael  Mayoral
Michael Mayoral
answered on Oct 13, 2021

Generally speaking, it is legal. For instance, if a defendant kicks someone, walks away, and then comes back and punches the person, that is an an example of two different acts of battery, and two crimes. However, such a matter requires a very detailed factual analysis to determine if the defendant... View More

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1 Answer | Asked in Agricultural Law for Florida on
Q: If I killed a bear in a car accident am I required to stop and report the authorities by law in florida

Can I be charged?

Michael  Mayoral
Michael Mayoral
answered on Oct 12, 2021

The law appears to be that you are not legally required to stop and report the accident to the authorities if the accident only involved your automobile and the bear. If the accident involved another car, you absolutely have to stop and exchange information. You also don't want to stop and get... View More

3 Answers | Asked in Criminal Law, Personal Injury and Small Claims for Florida on
Q: I was assaulted in the workplace, how can I sue the individual who assaulted me?

Already working on a PI case against the employer.

Michael  Mayoral
Michael Mayoral
answered on Oct 12, 2021

You would sue the person who assaulted you in the same lawsuit as the PI case against your employer. I suggest that you retain an attorney to handle both matters, or tell the attorney you already have on the employer case that you also want to sue the individual.

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