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Questions Answered by Charles M. Baron
2 Answers | Asked in Family Law and Civil Rights for Florida on
Q: I'd like to add family members using legal instruments. For instance, I would like to add step-cousins without marriage.

Is it possible to 'assemble' a legal family that is not blood related? For instance, I'm alone and would like to add 2 cute step-cousins (one Asian and the other South American) and a step-sister without marriage. Is this possible now or is it something that has not been legalized?... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 19, 2023

Possible options include adoption, guardianship, and marriage. There is no such thing as legally turning someone into your sibling or cousin (at least in Fla.). If you are concerned about inheritance, there are various legal instruments available, with no need to legally make the beneficiaries... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: My brother was sentenced to 16 years in prison in FL with 0 evidence but heresay? Is he able to file for retrial ?

He only had a public defender and my dad and stepmom are the ones that believe my little stepsister. Even her blood brothers don’t believe her because she is known to lie! Because he was facing over 35 years for both charges he took a plea deal and only got 16 years

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2023

To be certain, a criminal defense attorney must be consulted. In general, it's very tough to get out of a plea deal if the judge has already accepted it, and the defendant cannot "file for retrial" if there was no trial to begin with. There are very limited circumstances in which... View More

1 Answer | Asked in Libel & Slander and Personal Injury for Florida on
Q: Would someone filing a complaint about me at work based off of a statement they heard from a 3rd party be defamation?

Someone filed a complaint towards me at work based off of a statement heard from a 3rd party that was not true in which ended up in me being terminated from employment. Would the fact that they heard a statement from someone else and decided to publish it without verifying the truth count as being... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2023

What you really want to know is if this is ACTIONABLE defamation, meaning the type of defamation for which you can bring a lawsuit for money damages, and whether such a suit would be worthwhile to bring. That cannot be determined from an online inquiry; you need to schedule a consultation with an... View More

1 Answer | Asked in Family Law, Civil Rights, Elder Law and Nursing Home Abuse for Florida on
Q: I was my mom's 24/7 caregiverNov,22. Still over medicated my sister had her declared incapasatated legal guardian placed

In netral bank cost thousands. Then june23 slapped a unlawful detainer now I'm tresspassed is this legal

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2023

You need to schedule a consultation with an attorney to evaluate all the facts and related communications. The action against you may or may not be lawful, depending on the details, and even if it's lawful, you may have potential counterclaims for money damages.

1 Answer | Asked in Contracts for Florida on
Q: How can I do to prepare a document “As is” for sale my RV trailer?
Charles M.  Baron
Charles M. Baron
answered on Jul 17, 2023

You are asking for specific legal advice on drafting a contract for your particular transaction, which advice is not available in this forum, which is for general educational information and guidance on legal issues and lawyer searches. You are on the right track of reaching out for legal advice... View More

1 Answer | Asked in Contracts for Florida on
Q: I dont know if my lawyer is doing a good job. I was told another lawyer cant talk to me about this though. Is that true?

We have a contract issue and i feel like the lawyer should have done more than send letters back and forth in two years. We have gotten nowhere with the builder and it looks like we will be stuck owing a LOT of money. They breached contract though. We have pointed this out several times. i feel... View More

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

Like any other kind of professional, you can always get a second opinion (or more), and you can always replace. Replacement after years, though, may entail substantial review time for the new lawyer, which you'd need to pay for (if it's not a contingency fee case). If it happens to be a... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: How soon after the county clerks office uploads a settlement offer is the plaintiffs lawyer notified of proposal?

I can see on our county clerks website a settlement proposal has been submitted by the defense attorney, when I asked my lawyer about it they said they hadn’t received any proposal, how long does it take for them to generally get notified?

Charles M.  Baron
Charles M. Baron
answered on Jul 11, 2023

Your inquiry is mysterious as to why you're asking that question online when you have an attorney currently working for you, and who should easily be able to answer that question. If you have a communication problem with your lawyer that is an obstacle to finding out this type of information,... View More

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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: I was arrested for misdemeanor warrant in PolkCo. For warrant in Jackson co.they held me 43 days without notifying them

I finally raised enough hell that they checked and found out.fo I have a lawsuit for illegally held

Charles M.  Baron
Charles M. Baron
answered on Jul 11, 2023

You may or may not have grounds for a false arrest/false imprisonment claim, depending on whether you were the true subject of the warrant, the reasons for issuance of the warrant, and the reasons for the length of your detention. Schedule a consultation with an attorney.

1 Answer | Asked in Contracts and Banking for Florida on
Q: My father is in legal trouble overseas and has asked me to take over his finances in the interim can this affect me?

He has been implicated in South Africa and has asked me to pay his bills and send him money through his own bank. Can this have legal ramifications for me and if so how can I keep myself safe or offer safe/legal alternatives to him.

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

You are right to be concerned about it. Your father's request may or may not have legal ramifications for you, depending on exactly what legal trouble he's in. Also, even if it's not a legal problem for you, you'd likely need a power of attorney executed by your father to... View More

1 Answer | Asked in Tax Law, Civil Litigation, Civil Rights and Libel & Slander for Florida on
Q: My younger sister has been persistently harassing me for years. She is now threatening to go to tax authorities

Including the IRS. As I pay enormous taxes and she knows this, she is just trying to cause stress and problems. She also interweaves the fact that I’m a Gay man and makes many horrible inferences… there’s a hundred vile messages from her. What can I do. She’s very wealthy and run a large rock show!

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

Your first step is to send her a written demand to cease and desist from all such harassing conduct, describing with some specificity the types of actions that must stop immediately, and stating that otherwise, you will be forced to take legal action. (You can also demand that she cease... View More

2 Answers | Asked in Civil Litigation and Probate for Florida on
Q: Is it against the law for tenants in common to destroy co-owned property (ex: doors to the house, doors and walls)?

This is a Probate case in FLORIDA and the police won't arrest the tenant in common that has destroyed property.

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

You are apparently asking if it's a crime for a co-owner to maliciously (NOT carelessly or accidentally) damage portions of his/her residential property, correct? While the other co-owner in that situation is a crime victim, for various reasons, the police might consider it to be only a civil... View More

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: I live in Florida. My husband had an accident in a car registered only in my name. We have insurance with $50000 BI.

We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 6, 2023

I agree with Mr. Black's answer. I don't agree with Mr. Selik's answer regarding the need to pay $$ to an independent attorney to supervise the insurance company and their attorney, unless there is some indication that they are not doing right by you. Your insurance company has... View More

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Q: Neighbors harass me with spotlights. Filed stalking n lost. Drive around my property. What does that fall under ?

They ran a pipe underground to my property for their gutter runoff. They had a washout. He sent emojis via text of love you n miss you. They trespass. Last night I sat in my living room to fold clothes and he was on his cart staring at me for 3 minutes. My car was recently shot at in my windshield.... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 6, 2023

Some of the ongoing acts you're complaining about fall under the law of nuisance (which is court case-made law, which we lawyers call "common law", not in a statute). You may file a complaint to enjoin the nuisance and possibly seek money damages. A lawyer's cease & desist... View More

2 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Can a Motion to compel evidence be submitted after the close of discovery? After Summary Judgement has been denied?

I parted ways with my lawyer bc he refused to submit evidence or request a motion to compel evidence (I.e recorded calls etc) in a section 1981 race disrimination case. I'm now trying to supplement the record. I asked him to file a motion to compel but he didn't. I'm wondering if its... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 5, 2023

I agree with Mr. Thorgaard's comments, plus I'm wondering what you mean by "supplement the record" if the motion for summary judgment (which was based on the record up to that point) has already been denied. If you mean you're trying to obtain additional evidence for you... View More

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1 Answer | Asked in Civil Rights, Libel & Slander and Small Claims for Florida on
Q: How long do I have to file a lawsuit or small claims against law enforcement after an arrest?

Recently I've been arrested and detained and the police have lied and muted out parts of the video and blotted out parts of the video during my arrest and did not show everything on the video and I'm trying to figure out how I can go about things because it has cost me a lot.

Charles M.  Baron
Charles M. Baron
answered on Jun 30, 2023

I will give you general educational info regarding time periods that often apply to this kind of situation; neither I nor any other attorney can give you any legal advice in this online forum regarding the deadlines or procedures that apply to your potential particular claims (because that would... View More

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: Can I sue in small claims courts?

Hello I bought a cockapoo from a private breeder, the puppy started having seizures 3 days after we got him the veterinary believes it was due the pup glucose levels being too low but he couldn't really say for sure. we asked the breeder to go half on the vet bill and they said no, can we sue them?

Charles M.  Baron
Charles M. Baron
answered on Jun 30, 2023

Yes, but only if you first comply with the presuit procedures of Fla. Statutes Section 828.29, also called the "Puppy Lemon Law", which is online, and which you must read. The first important portion for you starts at Sub-section (5), which provides: "If, within 14 days following... View More

1 Answer | Asked in Contracts and Consumer Law for Florida on
Q: I have never signed an estimate, quote, or contract with a company. Am I legally obligated to pay an invoice I dispute?

After Hurricane Ian a company recommended by my insurance company came to door and said they were hired by insurance company to dry out the house. They were able to identify the insurance company and our claim number. They assured us the insurance company was paying for their service and that we... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 29, 2023

It would be a good idea, either on your own or through an attorney, to immediately dispute the bill in writing, with proof of delivery; otherwise, you might be sued for Account Stated, which is a suit to collect on an undisputed bill. State reasons for the dispute, including that you never would... View More

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: Are you eligible for 624.128 Florida Statute, if it was a h & r? And at- flt driver is found days later.

I was rear ended, on camera, by a hit & run driver. He seems impaired on the video as he walked to my car & back before driving away. I found him 10 days later and he admitted to the accident, was cited for no license and no insurance, in his moms car. It can't be proven he was... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 29, 2023

I don't know the answer regarding the statutory crime victim compensation issue (maybe someone else seeing this will know) - but you left out the issue of the driver's mother's insurance. If the mother owns the car, she is liable for damage caused by her son driving the car with her... View More

1 Answer | Asked in Collections for Florida on
Q: Is there a statute of limitations on collecting Ohio income taxes

Claim is over 15 years and we are now being threatened they are going to attach all financial accounts. Man is 77 years old living on SS. If they take his money he will be on the street

Charles M.  Baron
Charles M. Baron
answered on Jun 28, 2023

Since you are writing from Land O'Lakes Florida, mostly Fla. attorneys will see your post and cannot answer your question. Only an Ohio attorney can do so. In any event, Social Security benefits are generally protected from collection actions, even by the IRS. The gentleman needs to... View More

1 Answer | Asked in Contracts for Florida on
Q: Here: I?m selling an ecom brand, the buyer is German citizen. I run the brand under a LLC in USA. He wants to buy it vi

Here:

I?m selling an ecom brand, the buyer is German citizen. I run the brand under a LLC in USA. He wants to buy it via crypto. And the procedures are as follows:

1- We both sign the agreement online

2- He pays full amount in Crypto

3- I transfer the ownership on... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 25, 2023

The advice you're seeking can be obtained only by scheduling a consultation with an attorney handling commercial transactions, and it's a good idea for you to have an attorney review the proposed contract. This forum is for general educational information and guidance, not legal advice on... View More

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