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Questions Answered by Charles M. Baron
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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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I take any legal action against my apartment complex if they did not send us a renewal or a nonrenewal letter?

My lease end with this current complex on October 15th. We have not received a letter for renewal nor a letter stating that they will not renew us. I first sent an email asking about renewal letters back in late June and they responded that they'd be sent out in July. Come July, nothing was... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 2, 2023

The following info is general educational information for this kind of situation. To obtain reliable legal advice, schedule a consultation with lawyer. Under Fla. law, when a tenant is on a year's lease, and the tenant decides to stay on with the landlord's consent but without a new... View More

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1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law, Banking and Civil Rights for Florida on
Q: What is the limitations on dss in North Carolina to get paid back on something I didn't do I was locked up??

Boyfriend at the time stole my purse and sold food stamps to 4 different people on the same day same store they have punished me for 3 years where I couldn't get food stamps at all no place on the country i went hungry alot was homeless alot too I moved to Florida to get away from those people... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 2, 2023

I don't know what "dss" means, but in any case, a question on a NC limitations period must be asked of a NC attorney. Since your inquiry is indicated to be from Sebring, Fla., mostly Fla. attorneys (like me) will see your post. Also, legal advice on the filing deadline specific to... View More

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: dental in april said my remaining 7 front teeth were so bad that they had to go . and iwould need bottom denture .

I can't afford that they said this will be all covered by your insurence I agreed then trrth pulled , temp. bottom plate when back several times for bone spur a7 adustments Never aver being asked for any kind of payment , THEN APPROX. 4 WEEKS AGO RECEIVED PHONE CALL FROM DENTAL MANGER... View More

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

You indicated that the insurance company assured you everything is covered, and the dental office advised you they are working on it - meaning they are working on it to confirm the coverage? And meaning that in the next day or two, they may call you and tell you the coverage is fine and to come on... View More

3 Answers | Asked in Criminal Law, Civil Litigation, Constitutional Law and Federal Crimes for Florida on
Q: i am the victim of a kidnapping, false imprisonment, car jacking, assault/battery. What kind of lawyer should I look for

Polk county, I was cleaning a friends yard when he ex rolls up, assaults me, steals my truck, takes my phone, makes me ride with him, until I finally jump out, run and call the police from my smart watch. I would like to know what kind of lawyer I should be looking into. I need help with all of the... View More

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

You have the right to make a claim for money damages against the perpetrator for actual monetary losses and for pain and suffering damages. If you have monetary losses directly caused by the crime, first speak to the prosecutor (Asst. State Attorney) because he/she may be able to seek restitution... View More

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2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Florida on
Q: I have always traveled by motorcycle therefore didn't have to have insurance or even license to travel freely.

As the same is also my constitutional right to do so. The police department unknown to me issued me a license then suspended it so they could charge me. Legal?

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

Licenses are not issued without an application and a fee submitted by the person seeking the license. Wonder if you're an identity theft victim. Request a copy of the license application, then see a lawyer. Regarding driver's license requirements for motorcycles, if the engine size... View More

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2 Answers | Asked in Personal Injury for Florida on
Q: Lg contractor is building city marina and opened some of it. Construction Negligence causes injury. Who is liable for dr

A contractor is building a lg city marina. It has a walking path that is opened to public. I was walking with wife and the ground on marina gave way causing myself to fall into 2 1/2 ft hole causing injuries that I have to see a orthopedic specialist for major surgery. Who is liable for hospital... View More

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

I agree with Mr. Black and add that there is potential liability on the part of both parties for pain and suffering damages, in addition to medical bills, lost income, and any other economic losses. As a practical matter, once a presuit claim is presented, the city and the contractor would... View More

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Florida on
Q: Can a local government backtrack on a written promise simply because the person holding a specific office changes?

A City Manager put the decision on a specific matter in writing. This decision has been made following a discussion with the Legal team and had been confirmed by the mayor, also in writing. A new City Manager comes in and without any new data since the previous decision, reverses that decision, but... View More

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

Probably the only way to get answers on this is to schedule a consultation with an attorney to review the matter in detail. Generally, a "promise" by anyone to do anything is not legally enforceable if not part of a legally binding agreement - but hearing the word "promise" in... View More

1 Answer | Asked in Contracts, Animal / Dog Law and Business Law for Florida on
Q: Just curious if a waiver I was pressured to sign is legally bounding or mean anything. Thanks

Just curious if a waiver I was pressured to sign is legally bounding or mean anything. Thanks

Charles M.  Baron
Charles M. Baron
answered on Sep 27, 2023

You signed a waiver AFTER they injured your dog?? A waiver that explicitly provides that you cannot make a claim against them for injuring your dog??? If it's really that kind of waiver, it may be enforceable in a court of law, with you letting them off scot-free - but you must show it to a... View More

2 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Probate for Florida on
Q: Do I need to contact my local law enforcement if I believe my signature was used to forge petition to the court

I was personal rep on the estate of my mother and step father, I was ill-advised in the beginning of the probate process and due to a serious of events that followed the house was going to foreclosure so I worked with an investor to sell the home and he wrote a contract full of manipulative... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 27, 2023

Forgery of course is a crime, and it's generally a good idea to report it to the law enforcement agency in the locale where the crime occurred. However, if I were you, before anything, I'd schedule a consultation with a probate litigation attorney. Your post is unclear on what you mean... View More

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1 Answer | Asked in Consumer Law, Contracts and Admiralty / Maritime for Florida on
Q: I want to sue a yacht charter broker in Fort Lauderdale.

I want to sue a yacht charter broker in Fort Lauderdale. Long story short. For my 70th birthday I rented a very expensive home on the water for 3 nights.

I chose the home because the yacht broker I was working with said docking the yacht I selected for a day charter 'should not be a... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 26, 2023

You didn't ask a question in this Q & A forum, but I suppose you're wondering if you have a viable potential claim. That depends on a few factors, including the terms of the written contract. Generally, verbal comments that conflict with the written contract cannot be the basis for... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for Florida on
Q: Can I place a recording device on my child if I suspect their teacher is verbally abusive
Charles M.  Baron
Charles M. Baron
answered on Sep 25, 2023

Not without consent of the teacher, unless it's part of a law enforcement operation. With some narrow exceptions, it's a crime in Fla. to audio record someone without their consent. Of course, if you wish, you can record your minor child talking to you privately about the issue, so that... View More

1 Answer | Asked in Gov & Administrative Law and Agricultural Law for Florida on
Q: Can Miami dade county require a nursery registered with the state to get a certificate of use through Miami dade county?

Nursery is on agriculture land and AU zoning

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

I'm guessing that, by "registered with the state", you mean registering the nursery with the Fla. Dept. of Agriculture and Consumer Services pursuant to Fla. Statutes Section 581.131. The purposes of State regulation/inspection of nurseries are different than the purposes of County... View More

1 Answer | Asked in Civil Litigation and Family Law for Florida on
Q: Can I take possession of my sister’s ashes if her daughter has been incarcerated?

Sister had 2 daughters. The 2nd daughter was given the ashes by the funeral home. Now, this daughter is incarcerated here in Florida and has left my sister’s ashes with her aunt on her father’s side of the family and her parents have been divorced for many years.

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2023

Have you tried asking the aunt if she'd be willing to give you the ashes, and telling the aunt how much it would mean to you? Sounds like your niece was the owner of the ashes and either gifted the ashes to that other aunt or requested her to hold onto them until she's freed. If... View More

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: My adult son won’t leave my house if I live on the same residence can I legally have my electricity shut off so they go

There’s no landlord tenant agreement. I’ve asked him repeatedly to move out. He says to evict them. I let him and his girlfriend move in because they need help out of the kindness of my heart. Now they’re destroying my property and stealing my property they’re not respecting anything I’ve... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2023

The following is general information for this kind of situation, not legal advice to rely on, for which you'd need to schedule a consultation with a law office. (That applies to all answers in this forum.)

You seem to be asking if you can totally shut off your electricity (100%) for...
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1 Answer | Asked in Civil Litigation for Florida on
Q: Can I file a Motion for Sanctions against the opposing parties frivlous motion for sanctions?

The defendant filed 3 motions for sanctions against me for a "frivolous lawsuit" claiming I have no evidence. However they lying and completely ignoring all the evidence I provided from discovery including the Defendant's direct admission of guilt where he texted the witness that he... View More

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

If they based their sanctions motion on Fla. Statutes Sec. 57.105, they were required to first send you a "safe harbor" letter, which is a letter warning that you have 21 days to to drop your claim(s) and attach an unfiled, draft of their motion that they intend to file after the 21 days.... View More

2 Answers | Asked in Foreclosure, Contracts, Real Estate Law and Collections for Florida on
Q: No liens, no foreclosure in 12 years on old HOA assessment dues due to mismanagement

Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,

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

I assume you are talking about a Florida HOA. You appear to be writing from Michigan but asking about a Florida issue. Best to promptly consult an attorney handling community association law in your area. I personally would need to research your issue to give a reliable answer - but be aware of... View More

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1 Answer | Asked in Gov & Administrative Law, Criminal Law and Family Law for Florida on
Q: My daughter lives in Florida. I overheard a fight w/ her mom. Is that considered eavesdropping? I live in another state.

I'm her step mom. I was not recording, and I was not planning on using it in court. I just read about eavesdropping and didn't know if no recording was a factor. Thank you so much for the information, a lot of weight was just lifted.

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

Well, it was "eavesdropping" if one or both of them didn't know you were listening, but it was not necessarily unlawful. If you were on the phone with one of them, and she happened to hold onto the phone or put it down (knowing you were still there) as she started the interaction... View More

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