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Questions Answered by Michael Mayoral
2 Answers | Asked in Landlord - Tenant for Florida on
Q: If a lease lease was sent and signed by both the landlord and then the tenants.and one of the tenants dies ..valid?
Michael  Mayoral
Michael Mayoral
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.

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1 Answer | Asked in Civil Litigation for Florida on
Q: When you file a response to a motion to dismiss and the opposing party files a REPLY and further motion to dismiss how

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.

Michael  Mayoral
Michael Mayoral
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...
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1 Answer | Asked in Criminal Law for Florida on
Q: In the state of Florida is Possession of methamphetamine .10tg of a gram a schedule II offense
Michael  Mayoral
Michael Mayoral
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...
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1 Answer | Asked in Criminal Law for Florida on
Q: How long does it take the State Attorneys to hand over a DPA?
Michael  Mayoral
Michael Mayoral
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

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: If pulled over driving, when required to show a driver's license, may I refuse to let the officer run a check on it?

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

Michael  Mayoral
Michael Mayoral
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.—...
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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Copyright Infringement

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

Michael  Mayoral
Michael Mayoral
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

4 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I was in a car accident. I ran into the left side of a truck that was parked in the road.

Can I counter sue for injuries!

Michael  Mayoral
Michael Mayoral
answered on Oct 4, 2021

Potentially, however your injuries should be covered by your own insurance policy’s personal injury protection coverage.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Collections for Florida on
Q: How do I know if I’m being charged with unemployment fraud
Michael  Mayoral
Michael Mayoral
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

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Florida on
Q: Can past DVI be removed from record in FL?

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

Michael  Mayoral
Michael Mayoral
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

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My tenant is threatening to expose me if I tried to evict her for late payment and non payment of rent what can I do ?
Michael  Mayoral
Michael Mayoral
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...
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1 Answer | Asked in Criminal Law and Juvenile Law for Florida on
Q: I requested an Officer to press charges for my stepson kicking me in the back and vandalizing my home with a sharpie.

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

Michael  Mayoral
Michael Mayoral
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

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law and Civil Litigation for Florida on
Q: Is it possible to get a probation curfew violation dismissed by having video evidence of me being home?

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

Michael  Mayoral
Michael Mayoral
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.

1 Answer | Asked in Criminal Law for Florida on
Q: violated prob in diff county w/ same charge bonded out in dif county and reported to prob officer now i have a warrant

What is going to happen ?should i get a lawyer ?should i turn myself in ?will i be reinstated probation with no jail time ?

Michael  Mayoral
Michael Mayoral
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

1 Answer | Asked in Criminal Law for Florida on
Q: How do I report suspected juror involvement in a criminal case in Santa Rosa County, Florida?

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.

Michael  Mayoral
Michael Mayoral
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.

1 Answer | Asked in Criminal Law for Florida on
Q: So my probation expired on the 18th of this month I still had a couple things to get done what will happen

Have not violated probation at all the full 2 years have been on just ran out of time

Michael  Mayoral
Michael Mayoral
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

1 Answer | Asked in Civil Litigation for Florida on
Q: Im getting charged with resisting officer without violence from 2 months ago was wondering what i was looking at
Michael  Mayoral
Michael Mayoral
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

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can my criminal background stop me from getting a job at Dollar General as a cashier

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

Michael  Mayoral
Michael Mayoral
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.

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2 Answers | Asked in Car Accidents for Florida on
Q: Being sued for a car accident involving an employee. Forwarded summons to insurance but they have not responded.

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.

Michael  Mayoral
Michael Mayoral
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.

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2 Answers | Asked in Criminal Law and Juvenile Law for Florida on
Q: Just a small question about court because I am clueless to everything…

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

Michael  Mayoral
Michael Mayoral
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

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1 Answer | Asked in Criminal Law for Florida on
Q: can i hire an attorney for the arraignment only
Michael  Mayoral
Michael Mayoral
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

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