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Questions Answered by Charles M. Baron
1 Answer | Asked in Car Accidents and Insurance Defense for Florida on
Q: What can my parents do protect him and themselves since the car is in their name and they provide insurance?

My little brother just got his license was already involved in a hit and run. The other driver took off before the cops were contacted and a report was never made because my brother panicked and he also left the scene of the accident. The damages are estimated to be around $2000.

Charles M.  Baron
Charles M. Baron
answered on Mar 20, 2023

[Re-posting due to typo in prior post] You need to clarify your inquiry regarding "took off before the cops were contacted". Someone called 911 and gave identifying info, and then both drivers fled? Or the police were never called? The drivers can ID each other, or not? If no one... View More

2 Answers | Asked in Personal Injury for Florida on
Q: Me and my uncle was in store he was having an medical emergency i had to ask clerk 10 times to call 911 so i had to ask

Ask another costumer to please go and grab my phone from my car

Charles M.  Baron
Charles M. Baron
answered on Mar 20, 2023

This is a question and answer forum; you didn't ask a question. I'm guessing your question would be, "Can he make a claim against the store?" If so, the answer depends partly on whether the delay in calling 911 caused damage that a medical professional could attest to. Even... View More

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1 Answer | Asked in Civil Litigation and Municipal Law for Florida on
Q: What can be done if code enforcement officer will not enforce an invasive and costly violation?

Months ago, code enforcement officer gave violation notice to homeowner who was decreasing value of our neighborhood by violating an ordinance. Homeowner continued to violate ordinance; code enforcement was called again. This time the code enforcement officer sided with the violator for no good... View More

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

First discuss with the head of code enforcement, and if no result, discuss with the local government head administrator (could be mayor or could be city/county manager) and/or the elected official representing your area on the local commission/council.

A potential legal action route might...
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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Florida on
Q: Am i able to start a case if a defendant was falsely convicted and their due process right was violated?

There was a warrant to search a house. In trial it wasn’t used but was brought up that there was a warrant for a murder suspect. The original warrant reason was sales of mdma and marijuana. There was no sales charge given nor any audio or video of the sales being recorded. Also there was... View More

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

Start what type of case? Appealing or otherwise seeking to reverse the conviction? Suing the party or parties who are believed to have violated the defendant's rights for money damages? Suing the defendant's criminal defense lawyer?

Any or all of the above? I suggest you post...
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4 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: Could you tell me what this means regarding my MSJ?

The Court is respectfully denying the relief sought as a matter of law. The parties are asked to confer on an order for submission to the Court through the order portal in CourtMap for review and consideration.

What does this mean? Thank you

Charles M.  Baron
Charles M. Baron
answered on Mar 17, 2023

Simple - the Court denied the motion and requested the parties to confer on the language of the order for the Court to enter, then upon reaching agreement on the language, electronically submit the proposed order via the CourtMap portal, the Miami-Dade Court system's electronic portal for... View More

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2 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for Florida on
Q: Can Civil Case Contempt affected by Bankruptcy filing?

UPDATE: I can't find where to respond to answers, so I will try to clarify better. There was a court order to both parties in the case to cease all public/private communications about the other in all forms, directly or indirectly, during active litigation. In the meantime, defendant filed... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 17, 2023

I agree with Mr. Nachbar's answer as a potential strategy, but your issue depends on what the party was held on contempt for and of course whether you are a listed creditor in the bankruptcy case. If the only reason for the contempt is failure to comply with post-judgment (collection)... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I'm 19 and I'm getting sued for 100k. I'm currently a full time student and I don't work or own any property.

One year ago I was involved in a car crash and my insurance company paid the other person involved the agreed amount. One year later (today) I'm getting sued for over 100k and I don't work and don't own property. What should I do?

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

The short answer is that you should schedule a consultation with an attorney handling personal injury cases. Your inquiry is a bit mysterious. Sued by whom? If your insurance company settled with the other party, they should have had that party sign an agreement releasing you from liability, and... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Florida on
Q: If someone is holding a lawful and peaceful protest, can 1 person ruin it for everyone by committing crimes?

If someone is holding a lawful and peaceful protest on a sidewalk, then 1 individual person comes and throws glass at police & otherwise does disorderly and unlawful actions, are police able to deem the entire protest unlawful and disperse it? Can 1 protestor's actions represent the entire... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 14, 2023

To answer this question, you must put yourself in the shoes of the police officers - that is how a Court would analyze it should the police action be challenged. (By the way, I have handled many police misconduct cases representing victims of false arrest, excessive force, etc., and I've been... View More

2 Answers | Asked in Wrongful Death for Florida on
Q: My nephew was killed in a train accident in Florida his sole surviros are his dad and mom. HIS dad is in prison

A wrongful death lawsuit has been filed is his dad entitled to half the payout in the lawsuit?

Charles M.  Baron
Charles M. Baron
answered on Mar 14, 2023

Sorry to hear that. Being in prison should not disqualify the father from receiving his fair share, assuming his parental rights have not been terminated, but his fair share is not automatically half. His relationship to his late son is one of the factors to be evaluated.

I'm...
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1 Answer | Asked in Civil Litigation, Small Claims and Contracts for Florida on
Q: Can I sue remitly for not delivering money on time ? And for all the hardship caused to the receiver, and all the stress

Can I sue remitly for not delivering money on time ? And for all the hardship caused to the receiver, and all the stressed they caused me dealing with agents and supervisor in some others country that don't even speak English correctly to understand what they say... I escalated the issue and... View More

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

The first issue here is whether Remitly breached its contract with you. You agreed to a set of terms and conditions, probably by clicking on a box on-line. You must read those terms and conditions. They might contain waivers of liability for delays, and they probably contain language on... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: I let someone stay with me a month for free, now they are trying to have mail sent to establish residency. What can I do

What can I do to stop them from ever entering the property again.

Charles M.  Baron
Charles M. Baron
answered on Mar 8, 2023

1. Give written demand to leave (either immediately or give a deadline of your choice), and keep a copy; good to give verbal demand as well;

2. If the person refuses, read Fla. Statutes Section 82.035 (which is online) - that provides a remedy of having the police order the person to...
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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Our case was never heard and no mediation, the judge issued a default to plainiff.

How can a judge issue a final judgement without giving us a chance to present the case? The owner along with a tenant contracted for construction to the rental unit. All invoices presented by contractor were paid. Owner was later presented with a bill from a subcontractor, no contract or... View More

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

Sounds like the default was entered due to someone's error, which may have been made due to failure to consult an attorney. In small claims court, an LLC does NOT need an attorney to represent the LLC if the proper documentation is prepared to authorize an eligible person to engage in the... View More

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1 Answer | Asked in Consumer Law, Products Liability, Car Accidents and Lemon Law for Florida on
Q: Do I have a case?

I purchased a used truck about 1.5 years ago from a dealer. When asked about prior damage if any the dealer told me there was only minor. The car fax report only shows minor as well. While I was under the truck checking the size of the spare tire I noticed there is frame damage on the left rear. I... View More

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

Regardless of liability or lack thereof, your first step is to get a written repair estimate, then demand that the dealer pay it, and if they balk, say you're planning to take legal action. That may or may not work, but there's no downside to doing it. That said, whether the dealer is... View More

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Personal Injury for Florida on
Q: I went to home Depot yesterday was threatened with bodily harm and being shot by an employee I have a witness a writte

I reported it to home Depot had a written statement which I could barely write and reported it to the police also have an eyewitness who report has a written statement as well

Charles M.  Baron
Charles M. Baron
answered on Mar 3, 2023

And your question is? Whatever action, if any, you are looking to do or wondering if you can do, send in a new post that asks what is on your mind, so that those who see your post may be able to guide you. If your only question happens to be, "How can I find a lawyer to help me?", you... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: please i sign a parenting plan with with poor representation I have not seen my son in over a year I Am pro se now
Charles M.  Baron
Charles M. Baron
answered on Mar 2, 2023

This is a question & answer forum; what is your question? If it's, "How can I find the right kind of attorney", you may the "Find a Lawyer" tab at the top of this Justia page, or contact the Florida Bar Lawyer Referral Service (which you can find online). If... View More

2 Answers | Asked in Constitutional Law and Criminal Law for Florida on
Q: Is it illegal for an officer to detained you until back up arrives after traffic stop has ended. And hold your bicycle .

Right after a traffic stop and the officer doesn't allow you to have it, but assume that you knew that you were free to leave. Other officer's appears and start searching again without consent is this illegal under the 4th amendment

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

A lawyer would need a detailed description of the entire encounter and some background facts, plus any police report written on the incident, to determine if your Fourth Amendment rights were violated and to determine what actions may be taken. A temporary detention for investigative purposes... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for Florida on
Q: hello I was incarcerated back in 2017 and filed a civil case due to the action of 42 U.S.C. § 1983

case info on this question is as follows. Case # 2:2017cv00098

For this issue has the statue of limitations expired yet?

The cause of action for this is: 42 U.S.C. § 1983

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

The statute of limitations bars the FILING of civil cases after the expiration of the limitations period. Once the case is filed, there is no longer a statute of limitations issue. However, other deadlines then come into play under the Federal Rules of Civil Procedure and the Court's... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can I sue the owner of a company I was hired for firing me after been assaulted by a harassing employee?
Charles M.  Baron
Charles M. Baron
answered on Feb 26, 2023

If you're asking if you can sue simply because the termination was unfair or because it makes no sense, that reason alone is probably not sufficient to support a claim, other than a claim for Reemployment Assistance (unemployment comp) (if you qualify). In Fla., if you don't have an... View More

1 Answer | Asked in Personal Injury and Sexual Harassment for Florida on
Q: Hi, I just need to know if you can sue or press charges against a TSA agent for sexual assault during a pat down?
Charles M.  Baron
Charles M. Baron
answered on Feb 26, 2023

Sorry to hear about your ordeal. Depends on the facts. The issue would be whether the agent did something offensive outside of the pat-down guidelines that the agency instructs them on. Here is a link to an example of such instructions:... View More

1 Answer | Asked in Car Accidents for Florida on
Q: Someone hit my truck 3 days ago and I don’t have insurance just got my license back. He did not have insurance and was s

And was scared so I did no call the cops on him. He promised he’d fix my truck. I got a picture of his license and tag number and phone number. Now he refuses to answer my calls or text. What could I do

Charles M.  Baron
Charles M. Baron
answered on Feb 23, 2023

Your inquiry raises a few legal issues due to your decision to drive without insurance. One is, can you sue in small claims court (which takes cases for maximum $8,000), even though you were uninsured at the time? You probably can do that if you are able to present either a repair bill (with your... View More

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