Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Charles M. Baron
1 Answer | Asked in Car Accidents for Florida on
Q: Which driver would have been ticketed via a highway median cross-over for failure to yield the right-of-way?

Driver Two crashes into Driver One within a highway median cross-over. Driver One - stopped on the east side of the road before the median cross-over until two Northbound highway lanes and the median cross-over left turn lane (marked) into the median cross-over were clear. Driver One got to the... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 8, 2024

Who would be ticketed is entirely within the discretion of the law enforcement officer(s) after the officer(s) speak to those on scene and review the situation. The officer(s) may or may not get it right - and that's why traffic tickets can be contested in traffic court. That's a... View More

1 Answer | Asked in Personal Injury for Florida on
Q: Can I sue for pain and suffering and discrimination for the following incident: Today my mom fell at Dennys Melbourne FL

Today, March 6, 2024 at 10:40 am in Melbourne Fl. My mom fell at Denny's Restaurant , she tripped over a door mat in front of the door and slid into the other glass door. She was blocking the doorway laying on the ground a nurse in the restaurant help me move her out of the doorway. 911 was... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 6, 2024

You mom definitely has a potential personal injury claim for a significant amount of money damages, including for physical and mental pain and suffering, and should immediately schedule a free consultation with a lawyer. Regarding the discriminatory aspect, the legal issue would be whether there... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can the property manager charge me $500 more to move in when it's not on the welcome letter or outlined in signed lease?

Landlord says I need to pay $3000 to move in, but the deposits, pro-rated rent, first month's rent, community's fees, pet deposits and pet rent do not add up to $3000. Instead, it adds up to $2500. I asked the property and they said I'm forgetting pet fees and the math is right.. but... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 2, 2024

You seem to have answered your question yourself. You are basically asking if the other party to your contract (the overall deal you made) can add a charge that you did not agree to, for no reason. Of course not. I suggest you give the landlord your written itemized figures and ask if you're... View More

View More Answers

2 Answers | Asked in Business Law and Civil Litigation for Florida on
Q: I left an honest negative review online of a business and when my wife went in the owner threatened her. Is this legal?

I left a 1 star review and the owner was confrontational with my wife over it and told her he didn't want her back. How is this not against the law? I have freedom of speech and what I wrote was the truth.

Charles M.  Baron
Charles M. Baron
answered on Mar 1, 2024

You do have freedom of speech, and if the business is private (not governmental or connected to the government), the business has the right to deny service to anyone it wants to, except that it cannot discriminate on the basis of one of the "protected classes" under the law, such as race,... View More

View More Answers

2 Answers | Asked in Civil Rights and White Collar Crime for Florida on
Q: My case was dismissed without prejudice due to my lawyer, not responding to a judges request. Can I still reopen?

My lawyer, apparently did not have to credentials to practice where my case was moved. The judge asked for an amended summary, even gave an extension. My lawyer never replied. It was dropped without prejudiced. Finally getting a hold of my lawyer. He simply said he hadn’t had a case there in... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2024

I agree with Mr. Arrasmith. A dismissal without prejudice is NOT a "permanent" dismissal in the sense of being permanently barred from re-filing your case, unless the statute of limitations period has already expired. Also, in the event your claim would be permanently barred due to... View More

View More Answers

2 Answers | Asked in Car Accidents and Consumer Law for Florida on
Q: Who pays for damage to a brand new car if it is damaged at the end of a test drive by a customer with no insurance?

I took a friend to a new car dealer so they could look at and test drive new cars. They don't have insurance because they haven't owned a car in a few years. Told the sales person that the most important features were the safety features (blind-spot warning, backup alarm, collision alert,... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 17, 2024

First, you are not legally permitted to provide legal advice to your friend if you're not a licensed attorney. Your friend must directly contact a lawyer if he/she needs advice that he/she can rely on. General educational guidelines for the kind of issue you describe are as follows.... View More

View More Answers

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: BANK CANCELS CAR LOAN CONTRACT DUE TO LATE FIRST PAYMENT OF 14 DAYS. IS THIS A REPO AND HOW ?? ARTICULE 9?

NOW....THE DEALER EMAILED ME AND WANTS THE CAR BACK DUE TO BANK REQUESTING BUYBACK TO DEALER AS I DEFAULTED ON THE FIRST PAYMENT.

NOW.....

CAR GOES BACK TO DEALER,

DEALER GIVES WESTLAKE BANK THE MONEY BACK,

CUSTOMER LOSES 3K DOWNPAYMENT.

THE CAR PRICE WAS... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 6, 2024

Did you agree to terms that let them take advantage of you as you describe, or not? Read the contract terms on the remedies granted to them when the buyer is in default, and determine if you agreed to whatever those are. If unclear, or you think they are violating the terms or that you did not... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Expensive rug in exchange for handyman work

My neighbor wanted an expensive rug I had to give as a gift but she didn't have the $400 I was asking for it, she offered to do work around my home in exchange for it and I agreed. She asked for the rug before the holidays so she could give it to her daughters. Two months later She still... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 5, 2024

Regarding your last question, the amount in dispute (assuming it's either $400 money or $400 worth of work) is too little to make it financially worthwhile to hire a lawyer. You might have a potential claim worth pursuing in small claims court, representing yourself - but it's hard to... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Is it legal for a resort to lock us out from using our parking lot

We've had access to are parking lot for over 50 years then a resort came in and put up a gate that we use to enter our parking lot and they put a padlock on it to keep us locked out from accessing it,is that legal

It is the only way into our parking lot is through access off a main... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 1, 2024

Best to schedule a consultation with a attorney handling real estate disputes, as there are a few issues to be examined, such as: Was the former owner's permission formalized into a recorded easement? (An easement is a permitted through-way of someone else's land.) If no recorded... View More

2 Answers | Asked in Civil Litigation, Criminal Law, Personal Injury and Civil Rights for Florida on
Q: My father was arrested in 2020. An officer came to his house to serve a subpoena for an upcoming hearing for myself.

The officer opened a closed gate and enter into my father's property. My father was inside his home in the kitchen which is approximately 12 feet from the front door. The HVAC air handler is located in the kitchen and my father was working on cleaning the unit at the time. The officer claims... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 21, 2023

For your father to determine if he has potential valid claims for false arrest/false imprisonment and/or malicious prosecution, he must schedule a consultation with a civil rights attorney in his area. There is no way to get a reliable answer to this question in any online forum. For a lawyer to... View More

View More Answers

2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: If you ask what does a phrase mean in the Miranda rights and it goes unanswered, is your waiver knowing and intelligent?

If a suspect who is in custody, and who's comments are being used against them, asked, "What is, 'without charge'?" after being read the line, 'If you cannot afford an attorney, one will be provided for you without charge', and the detective did not provide an... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2023

Any defendant who claims not to have understood the reading of Miranda rights may file a motion to suppress his/her statements that the government wishes to use against him/her, and the Judge will assess the totality of the circumstances, such as the defendant's mental capacity, ability to... View More

View More Answers

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I was arrested in Florida and charged with misdemeanor resisting arrest without (no prior criminal history of ANY KIND)

Arrested 23 months ago resisting arrest without violence) I've already had 1 mistrial (jury couldn't reach a unanimous decision). This prosecutor won't let this go, so I'm going to trial AGAIN, 86 days after the mistrial. I never waived my speedy trial rights, and suddenly only... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 13, 2023

What are the reasons your lawyer (APD) has formed a professional opinion that you will likely lose if you take the case to trial? (And I assume that his/her opinion on that is accompanying his/her advice about plea negotiations.) That's the first step in analyzing your situation. Does the... View More

1 Answer | Asked in Contracts for Florida on
Q: My ex boyfriend co-signed on a vehicle for me while we were together. Who has rights to the car?

My ex boyfriend became very abusive so I left him. He is very vindictive and has started threatening to take the car from me. I made the down payment and have made every payment on the loan this whole time of ownership on the vehicle. He stated he’ll take it and not make any payments basically... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2023

Schedule a consultation with an attorney in your area who handles general practice or civil litigation. A Court is very unlikely to make the lender accept you as sole owner/borrower. The most practical remedy might be sale of the car with payoff of the loan, and if your ex used or otherwise... View More

2 Answers | Asked in Car Accidents for Florida on
Q: I hit a car in the rear, 9/22/21. The car I hit was pushed into another vehicle. I have heard nothing from her. How

long does she have to contact me?

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2023

To add to Mr. Clifton's answer, he is correct that a 4-year limitations period would likely apply to your accident, but the law recently changed to reduce that to 2 years for accidents that occur after March 24, 2023. Since your accident was before then, the 4-year period likely applies,... View More

View More Answers

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: My boyfriend just moved out. He left things that he says he wants to come back for. He is not on the lease.

I paid for nearly all the items he wants to take. Additionally he says he is going to come back with the police and force me to let him take them or have me arrested. Do I have to allow him to take what I paid for or what was purchased for the home? Can I file anything with the court to refuse his... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 9, 2023

I fully agree with Mr. Nkwoka's answer, with one caveat. If your intent, when or after paying for an item, was to convey the item to your ex as a gift, then you cannot rescind the gift. The item would legally be his, notwithstanding that you paid for it. But if he left without taking any... View More

View More Answers

3 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: If I am paying for a room out of pocket that is not a rental do I have a right to privacy?

I moved in with a family member they gave me this list of expectations & one was I have no expectation of privacy yet I'm paying for the space with my own money but he claims its not a rental so I have no expectation of privacy is this legal?

Charles M.  Baron
Charles M. Baron
answered on Dec 7, 2023

If the arrangement is for you to make regular periodic payments (for example, weekly or monthly) in exchange for the space, you are a tenant, which legally makes it a rental. Regardless of it being a rental or not, everyone has a right of privacy to a certain extent. For example, it would likely... View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Was driving and a pedestrian got angry his bike broke and he threw the entire tire into the road and which hit my car

I don’t think he intended to hit a car - but he was visibly angry and threw with enough force it broke my side mirror and windshield- what recourse do I have? He stuck around and I filed police report - they said they have to wait on state attorney to decide what to do.

He has a suspended... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 4, 2023

Generally in the kind of situation you describe, you can make a claim against the pedestrian for negligence, starting with any homeowner's insurance, and if none or no coverage, then in small claims court (if claim is for $8,000 or less), a fairly easy process, but collectibility is an issue... View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation and Communications Law for Florida on
Q: Can I record a phone convo with customer service if I receive a notice that "This call will be monitored and recorded?"

I live in Florida. Can I record the phone conversation with multiple customer service representative (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"?

Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2023

Re-posting answer to fix typo -

Yes, because the other party to the call is asking your consent to have it be a recorded call (by making recording a condition of being able to speak to that party). But if you plan to use the recording for anything other than your own private listening, you...
View More

2 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: Is a Motion for Summary Judgement allowed in Florida small claims court? If so, is an answer required?
Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2023

Though you can file any motion you feel like filing, a small claims court judge is not supposed to use the summary judgment motion procedures that are set forth in the Fla. Rules of Civil Procedure unless those rules have been invoked by court order. The reason small claims court exists is to have... View More

View More Answers

1 Answer | Asked in Personal Injury for Florida on
Q: Insurance investigation claim time frame

I had gotten injured from the ground collapsing while standing on walking path and went down in a hole about 3 ft. Its newly constructed city owed public marina. Filed report with city and they gave me a claim number to cover medical bills. The insurance started an investigation a few months ago... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 1, 2023

Are you sure it's a private insurance company that is handling the claim, as opposed to the city itself? If it's a private insurer, they generally should complete their investigation and either pay or deny the claim within 90 days. If it's city risk management, and a proper notice... 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.