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Questions Answered by Charles M. Baron
1 Answer | Asked in Civil Rights and Family Law for Florida on
Q: How can I prove my adult son is being abused mentally and controlled by my aunt's husband while on medication

My son went to my aunt's house cause he was homeless not to be abused what can be done through the court?

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

Your inquiry is vague regarding the words "abused" and "controlled". Certain types of abuses are crimes to be brought to the attention of law enforcement. For example, if he's being held against his will, that would be a crime. If you're NOT talking about something... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: If I know I have a strong case to pursue a lawsuit against dcf, how do I proceed? What kind of attorney do I need

Long story short, I lost two sons in an accident and one survived they were in the care of their father who survived as well. CPI became involved when I brought my surviving son home from the hospital. I was the non offending parent but that quickly changed once me and the cpi worker had a... View More

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

Sorry to hear about your terrible ordeal. The legal grounds available to sue DCF are very limited due to various legal obstacles, such as immunity from certain grounds that are available to sue certain other governmental entities. In some limited circumstances, there are potential grounds to sue... View More

1 Answer | Asked in Elder Law and Family Law for Florida on
Q: Why can't I see my 87-year-old mother if there is no legal reason why

My mother was brought down to Saint Cloud Fl by my aunt after her husband died on April 23. My aunt is planning on with a living man friend taking over my mother's Lower Manhattan NY apartment My aunt claims my mother doesn't want to talk with me but my mother never told me that and I... View More

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

You didn't indicate what, if anything, is preventing you from going to your mother's place or calling her. That info would be necessary to determine what, if anything, a lawyer can do for you. Contacting your mother would also be the first step in determining what rights, if any, you... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Can a ProSe Litigant in Florida conduct a deposition without an attorney?

If yes can you point me to the statute?

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

Yes, if the pro se litigant is in any court other than small claims court (where you must seek leave of court to conduct depos or other discovery, whether you are pro se or have counsel). If you are the pro se litigant, you need to read and understand the entire set of procedural rules applicable... View More

2 Answers | Asked in Civil Rights for Florida on
Q: Can you sue the State of Florida for wrongful arrest? I spent 29 days in jail for a falsified Affidavit for arrest.

I was arrested for a VOP and spent 29 days in jail. The State of Florida committed Fraud on the Court using a falsified Affidavit Violation of Probation.

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

You likely have a claim for money damages, but the State of Fla. probably is not your potential defendant. The potential defendants would be the individual law enforcement officer(s) who committed a fraud on the Court and,in limited circumstances, the entity employing the officer(s). Generally,... View More

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2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: How do I stop a writ of garnishment?
Charles M.  Baron
Charles M. Baron
answered on Nov 11, 2023

That depends on your facts and the type of garnishment. One issue is whether you are eligible to file a claim of exemption (for example, under one of the categories mentioned in Fla. Statutes Sec. 77.041). If not eligible, the options include trying to work something out with the creditor or... View More

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: Are there any lawyers in Florida that can help me prepare a complaint and a demand letter for Small Claims court

I live in Sarasota County Florida. I have a very good countersuit against American Express. I would prefer to find a lawyer that would take this potential Identify theft by an AMEX employee along with provable fraud on the Loan Agreement (Forgery or falsification of the form etc) on a contingency... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 10, 2023

Sure, there are some lawyers handling general practice or general civil litigation who can advise you on how to represent yourself in small claims court, including assisting the the forms. Searching for "lawyers" "small claims" "[your location]" would be a start.... View More

1 Answer | Asked in Civil Rights and Employment Law for Florida on
Q: can a coworker video record your conversation on their cellphone without your knowledge and sent it to your corporate

video recording sent to district manager and corporate office during a private emotional conversation with a coworker and after that coworker quit their employment they sent video without my knowledge, I was written up by employer and signed a disciplinary conduct form .Do I have any violation... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 10, 2023

You description is a bit vague, but it sounds like your coworker, without your consent, video and audio recorded a private conversation you had with him/her, then after the coworker quit, he/she sent that video/audio recording to your employer without your consent, and solely due to that recording... View More

2 Answers | Asked in Education Law and Personal Injury for Florida on
Q: Can I sue a college for not keeping up with residential maintenance.

I live on campus and I’ve had to move dorms 1ce so far thinking about doing it again. The first dorm I was in I had ac blasting in my face at night around 60° and heat during the day which would go up to 75° that I could not control. It would disrupt my sleep schedule and led me to get sick.... View More

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

To determine your rights and remedies, your contract/lease with the college must be reviewed. Start by reviewing it yourself and see if there is any verbiage regarding maintenance/repair issues, as well as any verbiage on any steps you must take in the event of any dispute or complaint. Then... View More

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1 Answer | Asked in Divorce, Personal Injury and Family Law for Florida on
Q: My wife and I have split and she's showing and selling my masterbation video can I sue her

It was made for her supposed pleasure but apparently she wants to blackmailed me

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

If she is asking you for money or some other benefit to prevent her from showing it, she's likely committing a crime, and you can report her to law enforcement - IF you want this issue to become public record and IF having her arrested, possibly hauled off to jail, and prosecuted is desirable.... View More

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My daughter is being sued for an accident that the other driver was cited for. We are in Florida.

The passengers in the other car are suing my son-in-law, daughter, and insurance, along with the driver of the car they were in, for great bodily harm. Daughter's insurance is 10/20/10. I doubt they will settle for the 10. They have no assets, lots of bills, 3 kids. Yes, they have decent jobs,... View More

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

Your daughter's insurer should provide a free lawyer, and there is a potential scenario in which the plaintiffs WILL settle for the 10K if they can get enough $$ from the other parties/insurers, or if they figure that promptly getting the 10K in hand would be beneficial while they continue to... View More

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1 Answer | Asked in Contracts and Animal / Dog Law for Florida on
Q: Is there a remedy for refusing to return an animal as stated in a contract?

I have a purebred horse used for equine sports. We listed the horse for sale through a broker. A couple agreed to purchase through a “lease to own”. They wanted a one month trial at lease cost then full purchase price if they kept her. The month ended but they haven’t purchased or returned... View More

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

I'm assuming you had your lease/sale arrangement in writing and signed by the couple, that you have demanded return of your horse in writing, and the couple has either refused to return her or has completely disregarded your demand. In that scenario, this likely constitutes a THEFT, so you... View More

2 Answers | Asked in Civil Rights for Florida on
Q: What is the statute of limitations in florida state for police misconduct
Charles M.  Baron
Charles M. Baron
answered on Oct 25, 2023

The answer I give here is general educational information, not advice to rely on in determining how long you (or someone else) has to take legal action. For advice to reply on, you must schedule a consultation with an attorney. There are different deadlines for the various types of claims that... View More

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Tax Law for Florida on
Q: do interrogatories have to be served by sheriff or can they be emailed to the defendant or served on myfloridacourtacces

can the myfloridaccess.com be used to serve interogatories?

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

After initial service of process (serving of summons and complaint), there are only two permissible methods of serving ANY DOCUMENTS, including interrogatories (unless you obtain a court order allowing some other method): (1) sending a hard copy by mail or hand-delivery, or (2) using the Fla.... View More

2 Answers | Asked in Personal Injury for Florida on
Q: Is Florida laws preventing full coverage of medical cost for the not at fault driver? My mom is being limited to 25K?

Her medical bills will be at least a million, but her lawyer is noting to sign off on the offer of 25K and that she can't get more unless they can prove the insurance company delayed the offer. The lawyer is noting a new law De Santis signed in March of this year.

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

Did your mom get an explanation of WHY the new tort reform law causes her lawyer to recommend acceptance of the offer? What does that particular law exactly say, and what difference does it make for her case? That's where she must start, and if that explanation is not understood, then ask... View More

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3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: My husband punched someone 2 1/2 years ago and we were just served with a civil lawsuit. What type of lawyer do we need?

He was already arrested, charged, sentenced in criminal court for battery. And the victims claims seem outlandish.

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

Your husband needs an attorney handling either personal injury defense or general civil litigation. One aspect of this situation to be evaluated by an attorney is whether your husband could be judgment-proof, meaning if he gets hit with a money judgment, is there anything for the plaintiff to... View More

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2 Answers | Asked in Civil Rights for Florida on
Q: Can an employee in plain clothes with no identification question a customer ?

I was shopping in a Neighborhood Walmart store when a gentleman in plain clothes started questioning me about who my employer was. He did so multiple times and I responded by asking him to identify himself and he told me that he didn’t have to. We went to customer service where two other... View More

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

That's a very strange question for a store security man to ask, but he can ask the same way any stranger on the street can ask, and you can say it's none of their business. In some situations like this, there is racial profiling going on, which becomes unlawful at the point that the... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: Can the Police pull me over, let me go without telling me to pull my car over or stop driving and pull me again for same

Pull me over for same thing 15 Minutes later for same thing now arrest me and search my vehicle??

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

That is unusual. The officers' written reasons for their actions must be reviewed to determine if they provided rational reasons to support probable cause for their actions. Of course, they may or may not be telling the truth in their explanation, but that's where the analysis starts.... View More

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Immigration Law for Florida on
Q: My ex was arrest for aggravated battery against a pregnant women. She’s on bond 10000 can she be deported? We have kids

She’s a green card holder. I’m a us citizen. The kids are citizens also. Can I.C.E. deport her and separate from kids? Does my 20% child custody go to 100% with her deported? What can I do as father and exhusband to help?

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

If she is convicted, she is likely at risk for deportation. She needs to schedule a consultation with an

immigration attorney, as well a consult with the attorney representing her in the criminal court regarding any chances to prevent conviction or other result that could lead to...
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2 Answers | Asked in Civil Litigation and Municipal Law for Florida on
Q: My neighbor has a speaker outside pointed at my house playing loud music 12 to 14 hours a day 7 days a week

He plays the music even when he's not home and he is never outside. Is there anything I can do? Isn't this considered harassments?

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

Mr. Thorgaard gave a somewhat humorous but correct answer that you, as a non-lawyer, might not understand. You may be able to sue on the ground of nuisance - that is, to seek a court order to stop the nuisance activity and possibly for money damages. A lawyer letter threatening to sue for nuisance... View More

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