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0 Answers | Asked in Military Law for Florida on
Q: Am I a member of the unorganized militia of the United State?

I'm a 17-year-old male without any physical or mental disabilities, but I do have high functioning autism and ADHD. Am I still "able-bodied" in the context of Title 10 Chapter 12?

0 Answers | Asked in Criminal Law for Florida on
Q: Is a motion to abate a criminal proceeding sufficient for a defendant in error to exhaust administrative remedy

Lack of corpus delecti no injured party

1 Answer | Asked in Criminal Law for Florida on
Q: If one just passed law school, they’re not considered a lawyer, correct?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 3, 2023

Not correct, strictly speaking. A lawyer is someone who is learned in the law. That would include someone who has a law degree. An attorney, on the other hand, is someone who is licensed to practice law in a particular state, and for that the person has to have passed a bar examination.

1 Answer | Asked in Uncategorized for Florida on
Q: A person who bought my car won’t give me info to fill out legal documentation. What do I do?

I recently sold my car, but it was my first time selling one and I wasn’t aware I was supposed to fill out a special form to confirm it has been sold. I thought I just had to fill out the title for the next person and that’s what I did. I have reached out to the purchaser to get their info, but... View More

James L. Arrasmith
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answered on Dec 2, 2023

In a situation like yours, it's important to take prompt action to protect yourself. First, document all your attempts to contact the buyer, including dates and methods of communication. This record can be useful if legal action becomes necessary.

Next, you should notify your local...
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2 Answers | Asked in Criminal Law, Civil Litigation and Internet Law for Florida on
Q: I’m being harassed online anonymously. They’re not threatening messages, just nasty things about my boyfriend. Can I sue

I have not told them to stop, nor have I blocked them or reported it to instagram yet

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 2, 2023

If the person sending the messages is anonymous, you don't know who to sue, or where to serve the lawsuit. Additionally, saying nasty things about your boyfriend doesn't confer upon you the standing to file suit. Block the sender and end it.

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0 Answers | Asked in Criminal Law for Florida on
Q: If I asked what something meant while being read my rights, and it was never answered, was my waiver valid?

I've posed this question multiple times here and other places and none have yet to actually answer the question being presented :(. An officer read the following line, "if you cannot afford one, one will be provided for you without charge". The suspect replied with the question,... View More

0 Answers | Asked in Family Law for Florida on
Q: If I live in a home with my son & his wife, am I allowed to have a lock on my door & not give them a key?

My daughter in law insists on having a key but I keep having things go missing. She insists on having a key

0 Answers | Asked in Landlord - Tenant for Florida on
Q: Does my rental agreement HAS to say which interest bearing account my security deposit is in?

there is no selection of the bearing account my security depotsit in heldin, However, it is noted in a clause that my security deposit is in the landlords account and can be use as the landlord see fit. This is Commingling which is illegal. In addition to this my security deposit is being held in... View More

0 Answers | Asked in Communications Law and Securities Law for Florida on
Q: Can I record a phone call w/ customer rep if I receive a notice that "This call will be monitored and recorded"?

I live in Florida. Can I record the phone conversation with multiple customer service representatives (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"? A representative lied about... View More

0 Answers | Asked in Consumer Law and Internet Law for Florida on
Q: Cox unauthorized $122 to my account that's supposed to be a government prog nor enough room 2 explain

Under the government internet program my bill was $9 I needed a new modem and cox assured me it wouldn't change my plan to get one so I agreed it changed my plan to $30 a month government funded so I wouldn't pay anything. My bill came in at$122 for internet I didn't authorize extra... View More

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: I bought a home in Florida for my mom, I want to add her to the deed so her save our homes exemption is applied, can I?

This is my first home, I don’t have a previous save our homes homestead exemption. I am buying the house but my mother is living in it. If I add her to the deed will she be able to transfer her save our homes to the new house? As it would be 50% ownership, would 50% of the exemption be applied?... View More

Jacqueline Alicia Salcines
Jacqueline Alicia Salcines pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2023

What a nice gesture. You can absolutely add her in via a Quit Claim Deed. I would strongly urge you to hire a real estate lawyer to prepare one so it is done right. Errors in deeds are costly specially when trying to correct them after many years and at the time of sale. As co-tenants you can... View More

0 Answers | Asked in Traffic Tickets for Florida on
Q: Do officers have to state the jurisdiction and means of identifying the driver (Ex: license ) in traffic court?

I wrote a citation that was dismissed in court. I was later told, the hearing officer dismissed it due to me not stating my jurisdiction as an officer and the fact I did not say I identified the driver by their license. I can’t find this rule in state statute but would like to know for future cases.

2 Answers | Asked in Civil Litigation for Florida on
Q: Is a Motion for Summary Judgement allowed in Florida small claims court? If so, is an answer required?
Barry W. Kaufman
Barry W. Kaufman
answered on Dec 2, 2023

Yes, you can move for summary judgment. No, a response to it is not required.

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1 Answer | Asked in Family Law for Florida on
Q: I am 18 years old and living in a toxic household, will moving out without permission get me into any legal problems?

Is there any rules for this, especially in the state of Florida? If my parents go to the police, what will they most likely do and will i be forced to come back home, i really want out of this situation and i have a place to go to, trusted people to stay with and also a good income to support... View More

Rand Scott Lieber
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answered on Dec 2, 2023

Legally, you are considered emancipated at eighteen. If you are still in high school you will be expected to continue unless you formally drop out. Speak with a local lawyer for more specific advice.

0 Answers | Asked in Real Estate Law, Agricultural Law and Land Use & Zoning for Florida on
Q: Is there a limit to the "proof" that a property appraiser's office can ask to prove that your Ag zoned land is bonafide?

Each year, the PA's office is asking for more and more documentation and I'm just wondering how much of this is actually legal. Receipts, daily management logs of land and livestock, tax paperwork, bank paperwork, photos, proof of sales, and even trying to force us to use chemicals we do... View More

1 Answer | Asked in Uncategorized for Florida on
Q: I own a unit in a cooperative in Florida. The bylaws expressly stated that you are permitted to smoke on the dock.

The dock in closed due to disrepair. There is a section of dock on the land side of a gate but still over the water. I say it's part of the dock. Is it? Shouldn't I be allowed to smoke there?

James L. Arrasmith
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answered on Dec 2, 2023

In determining whether the section of the dock on the land side is part of the dock for the purposes of smoking, it's important to refer to the specific language of the cooperative's bylaws and any other relevant governing documents. These documents may define what constitutes the... View More

0 Answers | Asked in Insurance Bad Faith, Personal Injury and Car Accidents for Florida on
Q: I was involved in a hit and run. I started the insurance claim with my provider and had my vehicle towed to be sent to

for repairs. After setting appointments up with the dealership and keeping insurance informed for removal from the tow yard to body shop, they missed their window and the tow company auctioned my car off and insurance had to file a total loss. i'm no longer in the position as i was years ago... View More

0 Answers | Asked in Family Law, Child Custody and Domestic Violence for Florida on
Q: My ex-wife is under DCF investigation (also the kid's teacher) what are my rights and what should I expect?

My ex-wife is my kid's teacher and the children shared with the school therapist that she has been hitting and choking them. I was informed that the school is reporting her to DCF and police. What can I expect and what should I do? We live in neighboring counties (30 minutes apart) and share... View More

1 Answer | Asked in Immigration Law for Florida on
Q: If I withdrawal a I-134A, will the person who I am sponsoring be notified that I withdrew the application?

I have applied to sponsor several family members through the current humanitarian parole program for Cuban, Haitians, Nicaraguans and Venezuelans. I completed the I-134A for each one and the applications/affidavits of support are pending. Based on some new information, I have serious concerns about... View More

James L. Arrasmith
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answered on Dec 1, 2023

If you withdraw the I-134A form for one of the individuals you are sponsoring, it's important to know that U.S. Citizenship and Immigration Services (USCIS) generally does not notify the beneficiary directly in the case of a withdrawal. However, if the person you are sponsoring checks the... View More

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