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Questions Answered by Charles M. Baron
1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: I’m a victim of remote neural monitoring. What should I do? Who should I contact?
Charles M.  Baron
Charles M. Baron answered on Oct 16, 2021

That's an Interesting question; I never heard of remote neural monitoring, so I just googled the phrase, "remote neural monitoring court cases". That turns up a number of court decisions which uniformly reject all such claims. The Courts dismiss such claims based on reasons such... Read more »

3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Got hired, took a drug test and heard nothing back. Worked for 3wks & got fired for failing dt. Anything to be done?

I got hired for a job, took a drug test and heard nothing back. They had me working there for 3 weeks then decided to fire me for failing the drug test. Is there anything I can do? I failed due to marijuana and they took 3 weeks to let me know.

Charles M.  Baron
Charles M. Baron answered on Oct 8, 2021

Yes, there is something you can do: ask the employer if the separation can officially be called a resignation instead of a termination, so you don't have to tell your prospective employers that you were fired.

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1 Answer | Asked in Civil Litigation for Florida on
Q: If a third party doesn't comply with a subpoena to produce their emails can anything be done to force compliance?
Charles M.  Baron
Charles M. Baron answered on Oct 6, 2021

Sure, same as any other subpoena. If there's no timely objection filed, the party issuing the subpoena may set for hearing a motion to compel the production. If there is a timely objection filed, either side may set a hearing on the objection.

2 Answers | Asked in Criminal Law, Federal Crimes, Civil Rights and Medical Malpractice for Florida on
Q: Good morning. I am looking for some answers for my trans child M-F currently in the Florida Prison System.

Medical needs are not being met. A recent diverticulitis flare up went untreated for approx 6 weeks causing extreme pain and a 40+ lbs weight loss. I filed complaints with PREA, Inspector Generals office, the prison directly and got no results. My child has now been transferred to the 3rd prison... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 8, 2021

Non-profit entities handling these types of issues include the Human Rights Defense Center in Lake Worth - https://www.humanrightsdefensecenter.org - and the Florida Justice Institute in Miami - https://www.floridajusticeinstitute.org

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: My Grandfather fought in court for his land since he had since he was 16. He built a small house there.

Then met my grandma and had 4 kids (never married). They broke up when my mom was in her early teens. He moved in with an other woman. Years later my grandma passes and his son lived in the home on and off. In Vieques there was some property thing that happened and his son put his name on that... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 5, 2021

So you're talking about property in Vieques, Puerto Rico? If so, you must consult an attorney who is a member of the Puerto Rico Bar Association (either a lawyer in Puerto Rico or one who is a member of that Bar but practices elsewhere). Also, even if you were talking about property in... Read 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!

Charles M.  Baron
Charles M. Baron answered on Oct 4, 2021

For your medical bills up to a certain extent (usually about $10,000), your PIP covers you, and the insurance directly pays the medical providers. For compensation to you for your pain and suffering and for bills in excess of PIP, you may make a claim if the other party was at fault, and you would... Read more »

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2 Answers | Asked in Insurance Bad Faith for Florida on
Q: How do i get geico to remove a duplicate claim they have.

On 7/25/2020 i was in one car accident. Somehow a duplicate claim was made for same accident. Geico refused in writing to remove duplicate claim (they even state in writing that it is a duplicate claim) because they say once in the system it can not be removed. It now shows on my record that i had... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 2, 2021

I agree with Mr. Thorgaard, but another thing you can do is to contact the Fla. Office of Insurance Regulation - see www.floir.com, or you can hire an attorney to threaten GEICO with a lawsuit for an injunction, then file a lawsuit if necessary.

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3 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Collections for Florida on
Q: Unemployment

Overpayment and fraud, how do I know if I’m being charged with unemployment fraud??? I’ve been notified of overpayment!

Charles M.  Baron
Charles M. Baron answered on Oct 2, 2021

That's a mysterious question. Either you have been notified of such an accusation, or you haven't. If you're not sure of the status of your award, contact the Fla. Reemployment Assistance Service Center. If you are notified of such an accusation, schedule a consultation with an... Read more »

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3 Answers | Asked in Civil Litigation and Probate for Florida on
Q: What recourse do I have w/ a law firm on the problem stated below?

An aggregate settlement for 25 cases on a tobacco case was won in Dec. 2020. 24 cases were paid out. We just found out that information yesterday. Our settlement money was still in this firms trust account after 9 months. I believe that they caught this mistake because one more tobacco case we... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 30, 2021

Not sure what your issue is - you said the firm "caught their mistake". The word "mistake" connotes accidentally overlooking it, and ""they caught it" connotes correction of the error. If that's not what you meant, then I suggest you re-post with your exact... Read more »

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: My face got burnt by a technician who did Lazer Hair Removal on my face. Now I have a scar.

I currently get Lazer Hair Removal on my face. The owner of the shop usually does it but got a new girl to do my treatment last time. The new girl was either nervous and it burnt me twice in the same place. That same day the skin started to peel away and has now left an ugly scar or mark on my... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 27, 2021

You did not ask a question, but if you would like to know if you might be able to make a claim for compensation to cover medical treatment for your condition, the answer is yes. And if you end up with a permanent scar due to the inability of medical professionals to remove it, you may claim... Read more »

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2 Answers | Asked in Banking and Collections for Florida on
Q: Are creditors allowed to ask for bank statements to help with proof of hardship?

I’m working with a company I’ve defaulted on due to Covid hardship. I’ve sent everything and now they’re requesting to see my bank statements. My personal account over laps at times with my fiancée business account. I try not to let it happen. But there are times he needs me to do things... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 24, 2021

Sure, they can ask, but you can refuse (unless the disclosure has been court-ordered). You should consult a bankruptcy attorney ASAP - not necessarily to file bankruptcy, but to explore all options.

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1 Answer | Asked in Car Accidents for Florida on
Q: Hi, I got into a car accident today and I was at fault. I don’t have a drivers license and car tag was expired.

I received two tickets, one for the crash and one for the expired date and I also received a court date. My question is, am I still able to obtain a drivers license? And will this offense result in jail time?

Charles M.  Baron
Charles M. Baron answered on Sep 23, 2021

You will not be able to get the answers you need for this matter online. Seek a free consultation with an attorney handling criminal and traffic cases. If you mean you had no valid DRIVER'S LICENSE (not just expired tag) at the time of the crash, I assume you are or will be charged with a... Read more »

1 Answer | Asked in Employment Discrimination for Florida on
Q: I was terminated from my job position without warning or any notification

Do to a second background check I was terminated after 4 years of employment

Charles M.  Baron
Charles M. Baron answered on Sep 16, 2021

You did not ask a question, but since you posted your inquiry under the subject area Employment Discrimination, I suppose you are wondering if you are the victim of illegal discrimination, as well as if there is anything you can do to obtain monetary compensation. While the employer did... Read more »

1 Answer | Asked in DUI / DWI, Real Estate Law, Traffic Tickets and Car Accidents for Florida on
Q: My DL was taken from me by a lawyer in 1994. I was in a car accident and it was my fault. DUI. And I can't pay

Is there a statue of limitation on this

Charles M.  Baron
Charles M. Baron answered on Sep 14, 2021

Have you contacted the Fla. Dept. of Highway Safety and Motor Vehicles to ask what you can do to reinstate your DL? Generally, DL suspension for failure to pay a money judgment arising from a car accident is up to three years. The statute of limitations is irrelevant - that's about deadlines... Read more »

1 Answer | Asked in Real Estate Law and Constitutional Law for Florida on
Q: Can my son live with me at a 55+ community if I am recently mentally disabled.

I have been diagnosed with bipolar, anxiety, depression, PTSD,plus some physical disabillitys.My son moved here I own my trailer but pay a lot rent they said he can't live here he is 33 I want to move in a year they say he can't stay,is there anyway he can stay to help me?

Charles M.  Baron
Charles M. Baron answered on Sep 12, 2021

Consult a lawyer in your area handling elder law issues. Search for lawyer by either clicking on the Find a Lawyer tab on the top of the Justia web page or contact the Florida Bar Lawyer Referral Service, which will refer you to a lawyer with a low consultation fee - see https://lrs.floridabar.org... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: 3 of my 6 acres has been used by a neighbor for timber sales without my knowledge. Property is also landlocked. Options?
Charles M.  Baron
Charles M. Baron answered on Sep 9, 2021

So you're talking about theft of your timber? If so, the options would be to call the police to initiate criminal charges and/or to file suit for your economic losses. Don't know why you think being landlocked is an issue.

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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: Can I win a suit for wrongful arrest I went to jail 2 day per envision attn without an arrest warrant for a civil case

I was arrested at my home lied to about having an arrest warrant they had gave me the wrong court date so when I missed and didnt complete there discovery because I had never been served any other papers to know I had a 19919.53 judgment against me for a car that was repo in 2016 the its a lot to... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 9, 2021

You are writing from Texas but are directing your inquiry to Fla. attorneys - but whether the event happened in Texas or Florida, you will not be able to get advice about this situation without scheduling a consultation with a civil rights attorney and presenting all materials associated with the... Read more »

2 Answers | Asked in Consumer Law, Workers' Compensation, Civil Litigation and Civil Rights for Florida on
Q: My friend lent his boss money, the boss picked a fight with him and fired him without paying him his money back.

There was no contract

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2021

Your friend may sue for repayment of the loan, with the option for first having an attorney send a demand letter. If the verbal terms of agreement were that the loan should be re-paid within a time period that was a year or less, the verbal agreement is enforceable.

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2 Answers | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Education Law for Florida on
Q: Can a university evict someone without compensation or notice for testing positive for COVID-19?

My vaccinated friend caught COVID-19, spread from an unvaccinated student, his next-door dorm neighbor. They have isolation dorms specifically to quarantine people and promised reservations for those who were vaccinated. The rooms are all full because they gave them to anyone who got sick instead... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2021

Your friend's rights largely depend on the terms and conditions agreed to when signing up to reside in the dorm. He therefore must schedule a consultation with an attorney and present all relevant writings for review. He can click on the Justia "Find a Lawyer" tab up top or contact... Read more »

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1 Answer | Asked in Land Use & Zoning for Florida on
Q: I'm not sure what to say , I sent you a email not long ago . I'm 70yrs old and I own my house an land.

I've been served papers from the owner next-door to me is suing me about my property. there's a lot more issues with this.

Charles M.  Baron
Charles M. Baron answered on Sep 7, 2021

If you mean you directly sent an email to someone about your legal issue, you cannot re-contact that person by posting to the Justia site. You instead must contact that person directly. Or do you instead mean you previously posted your issue on the Justia site but no one responded? If you mean... Read more »

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