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Questions Answered by Charles M. Baron
2 Answers | Asked in Civil Rights, Constitutional Law, Election Law and Gov & Administrative Law for Florida on
Q: Does this mean governor Ron DeSantis committed voter intimidation by using felons who unknowingly voted illegally?

Just days before the primaries, governor DeSantis made sure not to clarify that these voters were felons who thought their rights were restored. I cannot see how this is NOT being considered voter intimidation. If you think that what this man has done was legal, please explain. I appreciate your... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 22, 2022

I looked online for what you are referencing, and I see a story regarding DeSantis announcing that the Fla. Dept. of Law Enforcement arrested 20 people who allegedly voted illegally because their voting rights were not restored, even though they were allowed to register. (See, for example,... View More

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3 Answers | Asked in Contracts and Arbitration / Mediation Law for Florida on
Q: is it legal in florida contract law to impose a 50% penalty for a payment not made on time?

I have agreed to pay a certain amount by october 29 2022 but my creditor wants to impose a 50% penalty if the payment is even one day late. is that legal?

Charles M.  Baron
Charles M. Baron
answered on Aug 21, 2022

It may or may not be lawful. Your inquiry is a bit vague as to whether you have an valid agreement that has the penalty set forth therein. You said your creditor "wants" to impose the penalty. So is that penalty one of the terms you agreed to or not? If not, then he can't impose... View More

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1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: If someone I knew had a small misdemeanor charge,did their time (3 months) and had one year probation allowed move state

Their probation officer declined them to move states, after they asked them if they could leave and switch the classes over to the other state and was willing to pay everything off way faster.. they were homeless and had no help. But in the other state they had my family to help get them back on... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 19, 2022

To seek help on this issue, your significant other must schedule a consultation with an attorney handling criminal cases in the geographic area of the Court where the case was filed. Since the probation officer denied the relief sought, relief must be sought from the Court, which may or may not be... View More

1 Answer | Asked in Contracts and Estate Planning for Florida on
Q: Which power of attorney do I need

My boyfriend is currently in prison and wants to give me power of attorney over all of his real property like his car's trucks includes trailers etc and also wants me to collect his stimulus payments which power of attorney do I need to file

Charles M.  Baron
Charles M. Baron
answered on Aug 17, 2022

Your boyfriend has a choice - either a general power of attorney or a limited one, and for either one of those choices, durable or non-durable. General would give you power to act on his behalf of just about anything under the sun, and limited is for just certain listed items. A durable power of... View More

1 Answer | Asked in Civil Rights for Florida on
Q: What can I submit to the judge in order to get my court costs and other expenses back after winning a civil matter?

My home was taken out of my name illegally and judge granted it be put back in my name. I'm wanting my court costs and other expenses from defendant

Charles M.  Baron
Charles M. Baron
answered on Aug 17, 2022

I am assuming you are in a Fla. State Court, at the Circuit Court level. As with any relief to be sought while a case is pending, file a motion with the Court, then reach out to other side to determine if you can settle the issue, and if you can't, notice it for a hearing. If you can settle... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Is there a time frame/deadline to file a lawsuit
Charles M.  Baron
Charles M. Baron
answered on Aug 14, 2022

ALWAYS. Generally, see Florida Statutes Chapter 95 for statute of limitations periods applicable to various types of suits. Search online for F.S. Ch. 95.

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: If you get a car accident. Can they sue your fiancé once you get married

They are trying to sue me but I don’t have anything . Accident was over a year ago and afraid to get married because I don’t want them to sue my fiancé once we get married

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

If your fiance had nothing to do with the accident (no involvement, no vehicle ownership), she cannot be sued. However, if you happen to have any assets prior to marriage and, in order to avoid paying a judgment debt, shift those assets to your future spouse or to yourself and your spouse jointly,... View More

2 Answers | Asked in Business Law, Civil Litigation and Consumer Law for Florida on
Q: Is it illegal to protest/share a negative experience with a business?

I bought into a company that claimed they were going to teach me how to be successful in a business and would provide coaching from people who had done the business. They claimed they had already worked out the kinks and would teach me to use their system and all I had to do was follow it. It did... View More

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

If you convey facts that are 100% truthful, your statements do not constitute unlawful defamation. However, you are correct that "anyone can sue anyone". Are you prepared to spend many thousands of dollars to defend yourself (with an attorney)? All the other party has to do is to file... View More

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1 Answer | Asked in Landlord - Tenant and Civil Rights for Florida on
Q: Hello! How can I have an unauthorized tenant removed?

I am currently living with a 25 year old female in a 2 bedroom apartment in Fort Lauderdale, FL. On the lease is myself, this female, and my mother. Mother doesn’t live with us. Her significant other has been sleeping here for about 2 months straight and she is refusing to have him stay anywhere... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 10, 2022

The first issue is what the lease says, if anything, about how long guests may stay. The second issue is, does the landlord care? If the landlord cares, and the lease is being violated, the landlord may take action. If the lease is being violated, but the landlord doesn't care, you possibly... View More

1 Answer | Asked in Collections for Florida on
Q: Do I need a lawyer for a pre trail conference with only 3 day warning

Got a summons for pretrial conference on Thursday night and conference is wednesday

Charles M.  Baron
Charles M. Baron
answered on Aug 8, 2022

It sounds like you are being sued in small claims court. If that is the case, you may not need a lawyer for any of the proceedings, as the reason the small claims court exists is to have a simplified procedure that most laypersons can handle without a lawyer. However, depending on the nature of... View More

1 Answer | Asked in Civil Litigation, Public Benefits and Social Security for Florida on
Q: I am on a fix income I only make 861 a month and the ssa is trying to end my ssdi benefits need a free lawer pro bone

would need a free pro bono attorney to help me with my ssa case to keep my benefits i only make 861 a month

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

Contact your local Legal Services office that serves indigent persons. You appear to be writing from Vero Beach, in which case you could try Florida Rural Legal Services. Website: https://www.frls.org Tel. 888-582-3410.

1 Answer | Asked in Civil Litigation for Florida on
Q: objection about mediator

If the person of mediator should be set by the court, is it necessary to reasonably object to the candidates proposed by the other party in the case, or is it enough to simply declare that we do not agree with them, and judge will not appoint that mediator?

Charles M.  Baron
Charles M. Baron
answered on Aug 4, 2022

If the Court has not already appointed a particular mediator and has left the choice of mediator to the parties, the usual course of action is that each side proposes names of mediators to each other. Each side is free to reject the other side's proposals, and, if they wish, they can propose... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Is it legal for an employer to deny a promotion to a different dept simply because their current dept is short staffed?

Although a different department wanted to higher my colleague, which would have been a promotion for her, the supervisors in my colleague's current department told them not to hire her because they were currently short staffed in their department and didn't want her to leave. The staffing... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 3, 2022

Sure, it's legal, PROVIDED that the reason given for denial of promotion is not a pretext (that is, a fake reason) to mask an unrevealed reason that is prohibited by law, such as the laws prohibiting certain types of discrimination and retaliation.

1 Answer | Asked in Civil Rights for Florida on
Q: I want to file a civil suit for discrimination and abuse of power in Highlands county. Who should I talk to?

I need to talk to a lawyer to review my case.

Charles M.  Baron
Charles M. Baron
answered on Aug 3, 2022

You can start by searching the Justia site for civil rights lawyers, Highlands County. See https://www.justia.com/lawyers/civil-rights/florida/highlands-county - where only one civil rights attorney in that county is listed, but there are also other Central Fla. lawyers listed there who might be... View More

3 Answers | Asked in Personal Injury for Florida on
Q: Is it normal for a law firm to suggest that you get financial funding to pay for surgery?

My attorney suggested that I get financial funding to pay for my shoulder surgery they suggested the company I should use for the funding. The interest rate is really high. My surgery was October 2021 and the debt has went from $7000 to $12000. I have been off of work for 10 months my funds are... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 31, 2022

In my view (and other attorneys may have different views), the type of "legal loan" you are talking about should only be used as a last resort for medical treatment purposes. That type of loan is what we lawyers call non-recourse legal funding, which means that if you lose your case, you... View More

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1 Answer | Asked in Personal Injury, Sexual Harassment and Employment Law for Florida on
Q: I’m in Florida, I was sexually assaulted by the owner of a large company about 10 years ago and was threatened not to ta

Can I do anything about it now

Charles M.  Baron
Charles M. Baron
answered on Jul 27, 2022

Sorry to hear about your ordeal. In answering, I am assuming that you were an adult at the time. For criminal investigation/prosecution, contact your local law enforcement agency or State Attorney's Office (felony intake). You may or may not be beyond the limitations period for criminal... View More

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: being sued for non compete after terminated from job in florida
Charles M.  Baron
Charles M. Baron
answered on Jul 25, 2022

The Justia site is for asking questions about legal issues. You simply made a statement about being sued, without asking a question. Was your intent to see if any lawyer out there would be interested in taking your case? If so, what you need to do is click on the Find-a-Lawyer tab on the upper... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: I work for a church in the state of FL. Is the church permitted to terminate my employment based on my marriage status?

I have been employed with this organization for eight years, have always provided excellent delivery. My boss recently found out I had an affair, at that time I was given specific stipulations for continued employment based on the understanding that the moral code of the church had been broken when... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 21, 2022

Under Section 760.10 of the Fla. Civil Rights Act, it is generally unlawful to terminate an employee based on marital status (for example, if someone decides to get a divorce); however, the law exempts religious institutions as follows: "This section shall not apply to any religious... View More

2 Answers | Asked in Contracts and Consumer Law for Florida on
Q: Can I dispute a recurring charge for a membership that is not in my name, but I am being charged for it?

I bought a year's worth of services for someone and did not realize that I would be charged a monthly fee once the year was over. I have been trying to get the charges stopped for 10 months to no avail because I am not the "member" of the membership. The person I bought the gift for... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 20, 2022

You cannot legally sign a contract for someone else unless that person has executed a power of attorney giving you the power to do so. But was your signature an inked signature of your name, a digital (typed) signature of your name, or a digital signature of the other person's name? If it is... View More

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1 Answer | Asked in Business Law and Contracts for Florida on
Q: need an attorney for small clams in Broward county

I have been giving the wrong material on a construction material based on their expertise, only 80% correct I returned the 20% defection material that they kept and then their charge me additional $300. for the correct material that they made the mistake on, that they should have included in the... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 19, 2022

Your inquiry is a bit unclear on the amount in dispute. If I understand correctly, you are disputing a $300 overcharge. For that amount or any amount under $1,000, it's probably not worthwhile for an attorney to take your case UNLESS there is a way for the attorney to make money by way of a... View More

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