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Questions Answered by Charles M. Baron
1 Answer | Asked in Car Accidents for Florida on
Q: Hi. I received a demand letter from an injury attorney, I was involved in a 5 mph accident. What can I do? Thank you

I only hit the other vehicle by accident at 5 mph, but they are claiming injuries. About the demand letter, what can I do. Any help is appreciate it

Charles M.  Baron
Charles M. Baron
answered on Dec 23, 2022

If you have auto insurance that includes bodily liability coverage, you have the option of giving the letter to your insurance company, and they must handle the matter for you, including providing legal representation free of charge to you. If you don't have that coverage, a good option would... View More

1 Answer | Asked in Civil Rights for Florida on
Q: Can a male officer search a female without anyone else present before they put them in patrol car?
Charles M.  Baron
Charles M. Baron
answered on Dec 21, 2022

I'm assuming from your brief description that you mean there is a search incident to a valid arrest, meaning there is a decision to arrest based on a determination that probable cause for the arrest exists, and there's a pat-down bodily search (on outside of clothing) to confirm the... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: I bought a trailer from a man for 800$ cash.. i paid hime a bill of sale. I haven't moved it yet but the man gave it

I paid in cash he gave me bill of sale I spoke w him a week or so ago and told him I had to figure out who n where I was going go move it because the guy who was supposed to backed out last minute. The man told me to keep him posted.. today I was informed tht he gave my trailer away and he... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2022

You may sue the seller in small claims court, where it is not necessary to have an attorney. You may sue for recovery of the money lost and your court costs.

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Can an police department open an investigations under false pretenses - no evidence or witness testimony or suspicion).

Hypothetical - Can an officer arrest/question/harass an individual who is deemed to be "searching questionable materials (eg:active shooter policies and procedures)". When that said person has a Ph.D in the subject matter, doing policy work for NGO's and creating these exact... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2022

You stated that your inquiry is a hypothetical, which means it's not a real situation. Most or all lawyers viewing Justia inquiries will not respond to purely academic questions - that is the the province of academicians.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: We gave a deposit to a pool contractor in April, still "working on permits", do I have any rights here to get money back

Signed contract in April, gave 25% deposit, nothing has yet to be done, they have failed 2 categories of permit application, and still no real updates as to when they will get approval and be able to start? At what point do I have rights here to cancel and get my money back? Or will this forever... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2022

To obtain a reliable opinion, you must schedule a consultation with an attorney who will review the contract.

The problem that you write about, a contractor dragging its feet, is very common. Generally, a contractor's failure to meet a predicted project completion date is not...
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1 Answer | Asked in Car Accidents and Small Claims for Florida on
Q: If being stop at a stop light intersection and a cyclist strike your vehicle when you have a green light.

Police taken report, if drive of the vehicle was not a fault. What options would the driver have to proceed with this case? Drive was not injured, unknown status of cyclist.

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2022

If the driver was not injured, what does the driver need help with? I suggest you submit a new post to clarify that.

2 Answers | Asked in Contracts and Business Law for Florida on
Q: what is it called when the seller of a company works with the purchasers manager to take back the company?

I purchased a taxi dispatch service in April 2022 for $8000 down and $3000 a month until $80,000 is paid in full. The manager of my company started working with the seller to underhandedly take back the company. THe manager quit on Dec 1 and text all my clients offering lower rates. He then... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2022

The way you describe the facts, I'd call it a crime, which should be reported to the police (plus you'd have various civil causes of action, meaning grounds for a lawsuit). However, if you got into some kind of dispute with the seller and/or manager, they might have a completely different... View More

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1 Answer | Asked in Constitutional Law and Civil Rights for Florida on
Q: When following a police report against police officers they complaint is it legal not to pursue it

Can a superior officer disregard a complaint when you file against their officers thus due process violation of my civil rights can they legally throw that complaint away or not investigate it that's what they did I think

Charles M.  Baron
Charles M. Baron
answered on Dec 15, 2022

Your inquiry is vague as to whether you are seeking money damages or discipline (or termination) of the offending police officer, or both. "Complaining to the police dept." (or to a superior officer) may be viewed as an internal affairs complaint for the purpose of the dept. determining... View More

1 Answer | Asked in Civil Rights and Medical Malpractice for Florida on
Q: Would filing a complaint with "Florida Health" be a useful/safe way of obtaining the security footage of my visit?

I am going after a hospital for 2 civil rights violations and medical malpractice. I also wish to pursue criminal charges for abuse/neglect of a mentally disabled person.

I thought about trying to settle out of court... but I'm not a lawyer. (Nor can I afford to pay up front.)... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 14, 2022

Immediately seek a free consultation with a medical malpractice attorney in your area. If you have facts that support a potential claim, a law firm may be willing to sign you to a contingency fee retainer agreement with no up-front fees or costs payment needed.... View More

2 Answers | Asked in Collections, Real Estate Law and Bankruptcy for Florida on
Q: I got sent to court for non payment of timeshare then negotiated for payment plan but was unable to pay that either

Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence

Charles M.  Baron
Charles M. Baron
answered on Dec 13, 2022

To add to Ms. Kim's answer, though a creditor cannot take or force a sale of your homestead residence, the judgment lien would potentially be a problem if you sell your home in the future. You say you are unable to pay, which I assume means you cannot afford to pay. You therefore may be... View More

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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Municipal Law for Florida on
Q: No, only two names. One on birth cert. The other on ID's now expired. Can't do anything witout ID.

People...I have no ID and no entity will give me one. These True ID laws are the problem. Birth cert. name and SS# name are different, and I don't have current ID. STOPS EVERYTHING!

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2022

You are apparently attempting to add to your prior post, but the way this Justia site works is that each time you post, it is viewed as a brand new post, seen by a different set of lawyers who may or may not overlap with the lawyers who saw your prior post. If you wish to follow up with the lawyer... View More

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1 Answer | Asked in Family Law for Florida on
Q: Thank you; however, True ID mandated by HOMELAND SECURITY, US citizens must present two forms of ID.

I dont have any ID or SS# in birth cert name, or name I've used for 60+ years. How do I get an ID under such circumstances?

Charles M.  Baron
Charles M. Baron
answered on Dec 11, 2022

If I understand you correctly, there are three different names for you - the birth certificate one, the ID one, and the name you use that somehow did not get onto your current ID. One option is to "change" your name to the name you are using (or wish to use) by petitioning the Circuit... View More

1 Answer | Asked in Personal Injury for Florida on
Q: my coworker is telling everyone at my job my medical records do i have a case

i was shot in my growing my mother spoke with my boss and told him whats going on and why i will be out of work for awhile my boss told an employee and now the employee is telling everyone at the job and when i am dealing with a customer female he thinks if funny to say ( hey don't for get to... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 9, 2022

Not sure what you mean by "telling" your medical records. If you mean verbally telling others some of the contents of your medical records without your consent, you might have a potential claim against that individual for invasion of privacy. A couple of issues would need to be examined... View More

3 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Florida on
Q: I was clocked in at job and was directed to work at a sis property approx 30 miles away.in route was injured in car acci

Accident requiring back surgery.my question is should being on time clock at time of accident be helped by my employers workers comp? And if so is it to late ??

Charles M.  Baron
Charles M. Baron
answered on Dec 7, 2022

Yes, workers comp is for on-the-job injuries. You were driving as part of your paid duties, so you were on the job. But if the accident was the other driver's fault, you can also set up a claim with that driver's insurance and, if necessary, sue the driver (and owner, if different from... View More

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2 Answers | Asked in Civil Litigation and Gov & Administrative Law for Florida on
Q: Orange County negligently mishandled my identity which has irreparably damaged my life and career

I'm tired of hearing people say, after I explained what happened to me, OMG you need an attorney. Can an individual sue the county?

Charles M.  Baron
Charles M. Baron
answered on Dec 6, 2022

To add to Mr. Kaufman's answer, before you can sue a county in Fla. for negligence, you must submit a notice of claim within three years pursuant to Fla. Statute Sec. 768.28 in order for the county to have the opportunity to evaluate your claim and attempt to settle with you to prevent... View More

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2 Answers | Asked in Contracts and Civil Litigation for Florida on
Q: Do I have to respond to Defendant's Affirmative Defenses and move to judgement against me, plaintiff?

This is a Civil Circuit case in Florida.

Charles M.  Baron
Charles M. Baron
answered on Dec 5, 2022

Filing a reply to affirmative defenses is optional, but in some situations, it is very important to file a reply. Regarding your phrase "move to judgement against me", that is very vague; not sure if you mean that the defendant's pleading asks for a judgment in his/her/its favor on... View More

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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: I was towed in 2020 on jan 20th in new hampshire. The tow was illegal. Is there anything i can do? My vehicle was damage

I was at the gas station to buy wine. The attendant thought i parked illegally. I went across the street to sign out from work. I had forgotten to sign out. I came back and the tow truck was there. The vehicle was not hooked yet. The cops pulled me from.my vehicle and injured my leg giving me blood... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2022

Yes - for the police misconduct causing physical injury, search for a New Hampshire civil rights attorney. For towing company's negligence causing auto body damage, set up a claim with the towing company's insurance company (no attorney necessary, unless towing company refuses to... View More

1 Answer | Asked in Employment Discrimination for Florida on
Q: Can I accept a settlement from my former employer in an EEOC charge that is higher than the law $ cap?

I know that in EEOC discrimination cases, financial settlement is limited based on number of employees in the company. Can the company offer a higher settlement amount than the cap limit the law has set? Such as for a company under 100 employees, but more than 15, limit says $50k. Can the company... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 1, 2022

Offering more than they have to would certainly be surprising. Generally, a party that has rights under the law can voluntarily waive those rights. That is a general guideline I am giving you, not a legal opinion for your particular situation, as I could not be certain of the answer to your... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: My brother got picked up on a warrant in front my house.. my question is it legal for police to put him in a van and

Take him back to his Place and walk around and say they have cause for search warrant? And then search the property ??

Charles M.  Baron
Charles M. Baron
answered on Dec 1, 2022

You did not indicate if the police actually obtained a search warrant to search his home. If they had no search warrant, a Court most likely would rule that the search was unlawful. If it was an unconstitutional search, any evidence seized during the search mostly likely would not be allowed into... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: How do I (Plantiff) as a Pro-se, ask for a case to be dismissed, but if the harassment starts again, I'd like to reopen
Charles M.  Baron
Charles M. Baron
answered on Nov 28, 2022

You can file a voluntary dismissal without prejudice (meaning with the ability to re-file later) but BEWARE: if the defendant has incurred any costs and/or attorney's fees in defending the case, he/she potentially could file a motion for an award of those costs and/or fees after you file a... View More

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