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Questions Answered by Charles M. Baron
3 Answers | Asked in Civil Rights, Civil Litigation, Libel & Slander and Personal Injury for Florida on
Q: Can a gas station legally ban me after I received a counterfeit bill from them and did nothing wrong?

I was given a counterfeit bill by a privately-owned gas station, which I then reported to the authorities. A month later, when I returned to the gas station, the clerk publicly yelled at me to leave the premises on the owner's instructions, despite my innocence in the counterfeit bill... View More

Charles M.  Baron
Charles M. Baron
answered on May 26, 2025

What they're doing is immoral, but probably not unlawful. A private business can refuse to serve anyone for any reason or nor reason, unless that refusal to violates laws prohibiting discrimination (such as discrimination based on race, sex, age, religion, national origin, disability, etc.).... View More

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4 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Florida on
Q: What are my options after a car accident settlement was overturned?

I was involved in a car accident where I was rear-ended by the Rodriguez party. Initially, there was a settlement, but it was later overturned, and I did not receive any compensation. What legal options do I have to pursue compensation now?

Charles M.  Baron
Charles M. Baron
answered on May 25, 2025

The answer to your question depends on what happened with your case after the settlement was nixed AND on whether you were already in litigation (pending lawsuit) at that time, as opposed to being only in the presuit demand stage. If you were already in litigation, there would be three potential... View More

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2 Answers | Asked in Criminal Law and Personal Injury for Florida on
Q: Police reviewing camera footage after roommate dispute involving removed broken glass near car tire.

I have been having issues with my roommate and, in a moment of poor judgment, placed broken glass near her car tire. I later removed the glass and disposed of it after realizing my mistake. My roommate saw me and called the police. The police came, and I told them I just dropped the glass while... View More

Charles M.  Baron
Charles M. Baron
answered on May 22, 2025

Lying to the police was another moment of poor judgment. You have the right to remain silent (other than identify yourself) when questioned by police about anything that could potentially lead to a criminal charge. You now may potentially be arrested (or be given a notice to appear in court) and... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Do we have a case for medical negligence after misdiagnosis from ER?

I took my brother to the ER with a swollen, painful foot, and after waiting 3 hours, the doctor spent only about 30 seconds with him and didn't examine his foot. There was no diagnosis given at that time. After three different rounds of antibiotics from our primary care doctor, with no... View More

Charles M.  Baron
Charles M. Baron
answered on May 20, 2025

Whether any medical professional fell below the professional standards of care (that is, committed malpractice) is an issue that must first be reviewed by a physician in collaboration with a medical malpractice attorney, upon obtaining the medical records. Your brother's first step is to pick... View More

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2 Answers | Asked in Adoption, Gov & Administrative Law and Family Law for Florida on
Q: How to update my adopted niece's birth certificate with her new name?

I adopted my niece along with my husband in Florida, and we have a final judgment showing her new name. She was born in Puerto Rico, and despite having a certified copy of the adoption judgment, we've been unable to reach the vital records office there to understand how to update her birth... View More

Charles M.  Baron
Charles M. Baron
answered on May 20, 2025

Contact a lawyer who is a member of the P.R. Bar, who practices family law. Other than lawyers in P.R. itself, you likely can find some Fla. lawyers who are members of the P.R. Bar by contacting the Florida Bar Lawyer Referral Service, which you can find at Floridabar.org.

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2 Answers | Asked in Animal / Dog Law and Contracts for Florida on
Q: How can I legally retrieve my puppy given to someone who sold her?

I need help getting my puppy back. I let someone take the puppy under the agreement that they would keep her, allow me to visit, and contribute to her veterinary care. I found out through text messages, shortly after giving them the puppy, that they gave or sold her to someone else. They even used... View More

Charles M.  Baron
Charles M. Baron
answered on May 13, 2025

Contact a general practice or civil litigation lawyer in your area. Your agreement may or may not be enforceable in Court, depending on the details of the arrangement and what transpired after the conveyance. Ideally, you should have drawn up a written, signed agreement that included the... View More

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2 Answers | Asked in Libel & Slander, Civil Rights and Personal Injury for Florida on
Q: Can I sue a sheriff for defamation if he called me a "waste of life" on TV and social media?

In 2023, a sheriff called me a "waste of life" on live television and on social media. These statements were related to my arrest, where I was held for two years before winning at trial despite lacking probable cause or evidence. This defamation led to the loss of my job, kids, and... View More

Charles M.  Baron
Charles M. Baron
answered on May 13, 2025

You may have a potential viable claim against the Sheriff if you file suit within two years of the date of the defamatory communication. The statute of limitations period for defamation is two years. Another issue to look into is whether the TV station(s) might have liability, though that is... View More

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4 Answers | Asked in Civil Rights, Libel & Slander and Personal Injury for Florida on
Q: What legal options do I have after receiving homophobic text messages?

I received a homophobic comment in a text message from someone I met yesterday. This person works at a law firm. I have evidence of the text message. I'm considering what actions I can take regarding this situation. What legal options do I have?

Charles M.  Baron
Charles M. Baron
answered on May 9, 2025

Unwanted text messages of any kind constitute cyberstalking IF you make it clear that the messages are unwanted. Therefore, make a writing (either on your own or through an attorney) that demands the person to stop sending texts (or, if you desire, to stop communicating with you by any means) and... View More

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3 Answers | Asked in Arbitration / Mediation Law and Civil Litigation for Florida on
Q: Mediation issues and motion to compel payment after case disposition.

I was ordered by a judge to go through mediation for a civil case. I preferred an in-person session, but the mediator was only available via Zoom. The Zoom connection was poor, disconnecting about 50% of the time. Despite contacting him by phone during the session without success, the mediator... View More

Charles M.  Baron
Charles M. Baron
answered on May 9, 2025

You did not indicate whether an agreement was reached in mediation, nor did you indicate if you were represented by counsel in mediation. Those are important factors for determining your next steps. Of course, if you were represented by counsel, consult with him/her. In the scenario of you NOT... View More

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2 Answers | Asked in Civil Litigation, Probate and Criminal Law for Florida on
Q: Can the beneficiaries' lawyer access my expunged and pardoned records without a court order?

As the executor of an estate or trust, my past criminal record was expunged and I was granted a full pardon. However, the beneficiaries are questioning my qualifications, with their lawyer accusing me of perjury. A court hearing is scheduled for May 12th to address this. I haven't yet shown my... View More

Charles M.  Baron
Charles M. Baron
answered on May 5, 2025

I'm no expert at what the Clerk's Office still has in its possession following an expungement (also known as expunction), but it's my understanding that NOTHING is left in the record, except maybe something indicating the case was expunged. If the case is sealed rather than... View More

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2 Answers | Asked in Civil Rights and Criminal Law for Florida on
Q: Can a police officer search my car based on incorrect tag information and profiling?

Can a police officer search my car just because he thinks he can? I was pulled over because they claimed my tag came back as a black Cadillac, but I proved this to be incorrect. The officer searched my car after I showed the tag was good, without any other violations being mentioned. I believe... View More

Charles M.  Baron
Charles M. Baron
answered on May 5, 2025

It depends on what you mean by "he thinks he can." No police officer may lawfully search a vehicle without consent or warrant just because the officer feels like it. The non-consent, non-warrant circumstances that may legally justify a search include search incident to an arrest (which... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: What is the potential value of a civil rights lawsuit in Florida with multiple amendments violated and evidence tampering involving sheriff bodycam footage?

I'm involved in a civil rights lawsuit where my rights under the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, and 14th Amendments have been violated and deprived under the color of law. Additionally, there has been evidence tampering, specifically with the alteration of sheriff bodycam footage.... View More

Charles M.  Baron
Charles M. Baron
answered on May 3, 2025

The issue of the maximum amount you can claim by law and the predictable monetary value of a claim are two different questions.

For police/sheriff misconduct incidents, there are potential claims under both State (Fla.) law and Federal law. State law claims against State or local entities...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Do I have a viable issue with the hospital regarding untreated pseudomonas aeruginosa infection?

I went to the hospital with a severe staph infection and was later diagnosed by another doctor with pseudomonas aeruginosa, which I understand is a common hospital-acquired infection. Despite assurances from the hospital that my condition was improving, I've struggled with this infection for... View More

Charles M.  Baron
Charles M. Baron
answered on May 2, 2025

Sorry to hear about your ordeal. Your issue can be addressed only by you calling a law office to schedule a consultation, and if the lawyer, upon review, determines that there may be potential claim, he/she will need to have a physician review the matter. One of the issues coming into play with... View More

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2 Answers | Asked in Collections and Employment Law for Florida on
Q: How to address unexpected wage garnishment for credit card debt in Florida?

I recently discovered that my wages are being garnished due to a credit card debt I was unaware of. The garnishment started this month, and I was never notified of the creditor obtaining a court judgment. The amount taken out is more than I can afford. What are my options to address this unexpected... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 29, 2025

GENERALLY SPEAKING: If you were never served with the court complaint that initiated the lawsuit, the first step is to view the court file either online or at the office of the Clerk of Courts to see what the process server's affidavits of service (also called Returns of Service) state. They... View More

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2 Answers | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Real Estate Law for Florida on
Q: What to do about wrongful disposal of ashes and valuables after car towing?

Three months ago, my landlady had my car towed with my deceased wife's ashes and other valuables inside while my husband was in the hospital, despite being informed of the contents. She claimed it was due to unpaid rents and threatened legal action if contacted further. What can we do next... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 22, 2025

Your post is confusing because you refer to your deceased "wife's" ashes, then refer to your "husband" in the hospital. In any event, regarding a landlord towing a vehicle from the premises, the first issue is whether the lease (if any) and any accompanying written rules... View More

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2 Answers | Asked in Civil Litigation, Probate and Estate Planning for Florida on
Q: How can I obtain my deceased father's last name through a DNA test in Florida?

I need a DNA test with my deceased parent to claim my father's last name legally. The morgue informed me that a lawyer's assistance is required to proceed. We never needed a DNA test before, as we always accepted him as my father, but now that he has passed away, I cannot get any help... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 21, 2025

That's a new one on me. If you are an adult, and your legal last name is different than your father's, you may petition the Circuit Court (in your area) for a name change to any name you feel like, no DNA test needed. Consult a general practice attorney near you. Also, if you do on... View More

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2 Answers | Asked in Civil Litigation for Florida on
Q: How can I sue someone that stole money and property from me in Florida, but I don’t have his address?

Value of money is $1775 and a 42” and 50” tv . I have all my text messages between him and I

Charles M.  Baron
Charles M. Baron
answered on Apr 20, 2025

First try online searches for the person, as well as call 411, and if that doesn't work, get a skip trace, which private investigators and many process servers offer for a reasonable fee. See if you can find one who can do it for around $100 or less. A skip trace turns up potential addresses,... View More

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3 Answers | Asked in Civil Litigation for Florida on
Q: Does the Seventh Judicial Circuit in Volusia County accept USPS for civil litigation answers?

I want to submit an answer in a civil litigation case to the Seventh Judicial Circuit in and for Volusia County. The deadline is 20 days from April 9, 2025. Does the court accept written answers delivered via USPS? I haven't contacted the court directly yet for submission guidelines.

Charles M.  Baron
Charles M. Baron
answered on Apr 17, 2025

The Clerk's Office of that Court should accept the filing by any delivery method, but you should not trust the US Postal Service to get it there on time unless you pay for special service, such as Priority Mail or Express Mail, and of course, track it. If you send it that way, it's a... View More

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2 Answers | Asked in Libel & Slander and Personal Injury for Florida on
Q: Can my sister sue me for defamation for leaving a one-star Google review?

I left a one-star review on my sister's Google business without any comment. She texted me, threatening to sue me for defamation and slander. She hasn't taken any legal action yet. Her business has only two reviews: a five-star from another person and my one-star. Can she legally sue me... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 15, 2025

Can she run to the courthouse and file any lawsuit complaint she feels like? Yes. Would it fly? It should not, and it should be tossed out upon an appropriate motion to dismiss. A pure opinion without any false statement is not actionable.

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2 Answers | Asked in Civil Litigation and Personal Injury for Florida on
Q: Am I required to respond to deposition requests without a subpoena in an injury lawsuit?

I received emails and a certified letter from the plaintiff's attorney in a personal injury lawsuit involving my former employer. They are asking me to schedule a deposition, but I have not yet received an official subpoena. As a retail employee at the time, I don't feel I have... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 4, 2025

That depends on your role as deponent (person being deposed). If your employer (through counsel) designates you as the employer's "person with knowledge" of particular subject areas in a notice of deposition of the EMPLOYER, then counsel setting the deposition does not need to issue... View More

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