Get free answers to your legal questions from lawyers in your area.
answered on Oct 12, 2021
If a lease was signed between a landlord and two tenants, and one of the tenants dies, the lease would still be valid and enforceable, unless the lease says something specific about what happens if one of the tenants dies. Residential leases typically don't have such provisions.
When you file a response to a motion to dismiss and the opposing party files a REPLY and further motion to dismiss after a hearing for a Motion to dismiss how long do you have to reply. The Judge did not dismiss the case at the motion to dismiss hearing. I want to REPLY if I need to reply.
answered on Oct 11, 2021
Generally speaking, you don't NEED to file a written response to a motion to dismiss, although it is generally advisable to do so. From the facts presented it looks like:
1) Other side filed a motion to dismiss, you filed a response, other side filed a reply, then the court denied the... View More
answered on Oct 8, 2021
Methamphetamine is classified as a Schedule II controlled substance under federal and state law.
§ 893.135(1)(f) (Trafficking) prohibits the sale, purchase, manufacture, delivery, or knowing possession of 14 grams or more of methamphetamine as follows:
14 grams or more is a 1st... View More
answered on Oct 8, 2021
Assuming that you are referring to a deferred prosecution agreement, typically such an offer is made at or after arraignment. In Florida, it is typically called Pre-Trial Intervention (PTI). The earliest you will be informed that PTI is the offer is at arraignment (once the State has decided to... View More
My friend and I are debating a video in which a man in a parking lot, dumping garbage from his car into a dumpster, showed an officer his license. When the officer went to run the license for the man's info, he refused. He said he's a lawyer and knows his rights and the officer may not... View More
answered on Oct 7, 2021
Yes, you have to show your license, and yes the police officer can run your DL in their system. The statute is below. Pro-tip: don't pick up an arrest trying this theory out.
322.15 License to be carried and exhibited on demand; fingerprint to be imprinted upon a citation.—... View More
A well known British singer living in Santa Monica. They are using my US copyrighted Office photographic images I took of them before they became famous in 1989 in music video's plus at least in 2 books and across all platforms. The image is also embedded in their music video which is all over... View More
answered on Oct 5, 2021
You might have a claim for copyright infringement. I've handled a similar case in federal court involving the unauthorized use of photographs of models. You need an attorney to research the cause of action and make a formal demand, at the very least. I am very interested in the case. Feel free... View More
Can I counter sue for injuries!
answered on Oct 4, 2021
Potentially, however your injuries should be covered by your own insurance policy’s personal injury protection coverage.
answered on Oct 4, 2021
It is close to impossible to find out if you are going to be charged with unemployment fraud, or any crime, until it happens. Typically, a law enforcement officer making contact with you to question you is a sign that you might be being investigated for a crime. An arrest generally means a law... View More
7 years ago was in a dispute with family member. Nothing physical but petitioner lied and said I was.
Deputies saw those claims were unfounded but the emergency DVI was granted till court hearing.
I didn’t want this family member around me no more as they were very dangerous... View More
answered on Oct 1, 2021
You should look up the state law where you are seeking a carry permit, but in Florida and federally, the prohibition against carrying firearms and permits generally pertains to current/in place domestic violence injunctions as well as past convictions for crimes of domestic violence, which, per... View More
answered on Sep 30, 2021
Blackmail (or Extortion) is illegal in Florida. It is a second degree felony punishable by up to 15 years in prison. Florida's Blackmail statute reads as follows:
836.05 Threats; extortion.—Whoever, either verbally or by a written or printed communication, maliciously threatens to... View More
However, the officer said I did not adopt him and he is allowed to throw things around the house. I am trying to get a hold of a supervisor and I was told to call back when he is back from vacation. Please Advise. I feel strongly the police are bias and not doing there job. Also, my wife is trying... View More
answered on Sep 27, 2021
So, it is definitely not the law that someone is allowed to kick you in the back and vandalize your house just because you didn't adopt him. The crime for vandalizing is called "Criminal Mischief," governed by Florida Statute 806.13. The crime for kicking you in the back is called... View More
I'm currently waiting for video footage from gas station across the street with a camera pointing directly at the only entrance/exit of my complex as well as video footage from the clubhouse via property manager that must be passed to get to my unit. Also, I plan to voluntarily ask the court... View More
answered on Sep 27, 2021
Yes, that is certainly possible based on what is essentially alibi evidence. Get in contact with an attorney to represent you on the VOP and discuss this with them.
What is going to happen ?should i get a lawyer ?should i turn myself in ?will i be reinstated probation with no jail time ?
answered on Sep 27, 2021
You almost certainly have a new affidavit of violation of probation and warrant pertaining to the case in which you are on probation. It is a good thing that you reported. You should hire an attorney to represent you on the new VOP, as well as the new case, and/or get in contact with the local... View More
This juror worked for both Escambia and Santa Rosa County Sheriff's department and I feel as if there was no way to have gotten an unbiased decision from them.
answered on Sep 27, 2021
One option is to get in contact with the defendant's attorney on those criminal cases and let them know what you know.
Have not violated probation at all the full 2 years have been on just ran out of time
answered on Sep 27, 2021
Your probation officer likely filed an affidavit of violation of probation sometime in the month before you were set to terminate probation. Look up your case on the county clerk's website, look at the docket, and check if a VOP affidavit was filed. If they failed to file the affidavit, you... View More
answered on Jul 18, 2021
Resisting Without Violence is a first degree misdemeanor. That means the potential penalty is up to 1 year in jail or 12 months probation. These cases are hard to prove depending on what you are accused of and what county you are in. It all depends on the facts of your case. If it is your first... View More
I'm a 34 year-old African American, living in Pensacola FL. I recently applied for a job as a cashier at Dollar General. They were in desperate need of employees, even holding open interviews. I hit if off with the manager right away, and the interview was a complete success. She... View More
answered on Jul 18, 2021
Unfortunately, they are allowed to choose not to hire you based on your background. I wish you the best of luck. Keep trying, you're doing the right thing.
Insurance responded and turned it over to their attorney. But at this point I don't know what is going on as they aren't communicating.
answered on Jul 18, 2021
Call your insurance company and notify them about the incident. You don't want to wait for them to receive the summons and/or respond. Get someone on the phone.
When I spoke to the sheriffs, they told me they would provide a “public attorney” since I do not have the funds for one and it’s been a week and ever since all I get are advertisements in the mail but not the one that has been told to me… so my question is when or how will I get in contact... View More
answered on Jul 18, 2021
Hello there. If you (1) have been arrested or are charged with a crime and (2) cannot afford an attorney, an attorney will be appointed to you. How this typically works is that you will go to your first hearing on the case, which is usually your "arraignment." The arraignment is a hearing... View More
answered on Jul 14, 2021
Generally, it depends on the attorney. I personally let people hire me for pre-arraignment representation (including the hearing), but every attorney is different. I would personally hire someone for the pre-arraignment phase, because a lot of times they can negotiate reduced charges or a complete... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.