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Florida Civil Rights Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: Parenting plan does not specify on holidays if the visits are supervised does that mean that they are not supervised?
Veronica LaVerne Robinson
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answered on Nov 15, 2024

I would need to see the Final Judgment/Parenting Plan but it is likely that if regular visits are supervised, then Holiday visits are supervised as well. It sounds like it may be time to review that finding of supervised visits and petition the Court for a change. Give us a call at 954-840-5301.... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Federal Crimes for Florida on
Q: is it unconstitutional to be arrested 30 yrs after a crime that you have already plead to and done your time?

My fiance was in his last year of high school and had sexual contact with the schoolmate who was 15 more than once it was sentenced to 5 years to register on the sexual registry for two counts of sexual contact with a minor but law was revised after he was sentenced and made him a lifer he lives in... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 13, 2024

There's a bad news opinion about that issue from the US Supreme Court, but to be certain, your fiance must consult a criminal defense attorney who handles sex offender cases. In the 2003 Supreme Court case Smith v. Doe, a retroactive state statute on registration requirements was challenged... View More

0 Answers | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Florida on
Q: Is there a way to get an injunction against someone interfering in child custody w/o domest violence? What form?

Paternal grandfather who has no rights to custody is with holding my child from me. The police won't enforce our court order because child is refusing to come home willingly. They stated it must say removable by force, not enforceable by law. Grandpa has encouraged his behavior telling him he... View More

0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Florida on
Q: is it unconstitutional to be arrested 30 yrs after a crime that you have already plead to and done your time?

My beyoncé was in his last year of high school and had sexual contact with the schoolmate who was 15 more than once it was sentenced to 5 years to register on the sexual registry but law was revised and made him a lifer he lives in Wisconsin I live in Florida and he didn't make it home in... View More

1 Answer | Asked in Contracts, Civil Rights, Landlord - Tenant and Probate for Florida on
Q: This is in regard to an Irrevocable Trust and my rights as a tenant at Trust held property in Florida.

I was caregiver for my Dad. He passed. Friend of family is Exec Trustee for the Trust my father had his estate pass into. I had a written agreement with my father to remain at his property in Florida for as long as I need. 40% of the property is mine according to Trust Dox, 40% my step brothers,... View More

Kimberly Grant
Kimberly Grant
answered on Nov 8, 2024

Let me preface my remarks by saying what you have described is outside my area of practice.

However, I believe you should act quickly to hire a lawyer who handles probate litigation in your area. Make sure he/she doesn't have any conflict of interest with the Executive Trustee. The...
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0 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: Can i file a civil rights lawsuit?

I was arrested by a deputy who lacked proper appointment by the sheriff, and whose FDLE certifications were expired at the time of my arrest and at the date of their hiring. During the incident, an unlawful search of my cellphone was conducted. while in jail , my repeated requests to make a phone... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Civil Litigation and Insurance Bad Faith for Florida on
Q: Is police bias and intimidation reason to sue.

The incident involved 3 separate depts. I was the victim but the other person called since I had no phone.

He stood in front of my car trapping me in a cult de sac. Stating he was about to get a pay check. Then he declared I ran over his foot. He intentionally placed his foot under the... View More

James L. Arrasmith
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answered on Oct 24, 2024

You may have grounds to sue if you believe you were treated unfairly by law enforcement, especially if there's evidence of bias, intimidation, or misconduct. If the police failed to investigate properly, ignored important details like the body cam footage, or treated you with bias due to their... View More

3 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Someone working at a dollar general grabbed my throat and I shoved him away is there anything I can do?
Charles M.  Baron
Charles M. Baron
answered on Oct 22, 2024

If someone grabbed your throat, and it was not for self-defense purposes, you are a crime victim, so you may contact the police in the jurisdiction for the store. They should then investigate to determine if the aggressor should be charged with battery. I am assuming from your description that... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: How to follow-up after filling an a battery report?

I'm a Lyft driver. last may I got bunched in the head multiple times by a rider because I asked her not to eat in my car!. Everything was on camera. I called the police after she ran away, filled a report in Orlando, fl but couldn't give them the driver's information because Lyft... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Oct 23, 2024

In addition to what has already been said, please understand that the case is investigated by law enforcement and then referred to the State Attorney's Office located in the county where the incident took place. This can take some time, but the investigating officer can fill you in on what... View More

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1 Answer | Asked in Business Law, Civil Litigation, Personal Injury and Civil Rights for Florida on
Q: Business roped off the entire sidewalk and parking places on street while waiting to work on roof.

Pedestrians now must walk in road in traffic path, as even the curb areas are roped off. This is downtown. I called to see how long they anticipate the sidewalk being inaccessible and they told me however long it takes them and to just walk around it (in street with 30 mph speed limit and stuff... View More

James L. Arrasmith
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answered on Oct 21, 2024

It's frustrating when sidewalk access is blocked without clear timelines. Typically, businesses need permits from the city to restrict public pathways, and these permits usually have time limits. If the work hasn't started or is taking excessively long, it might violate local regulations.... View More

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: How can I protect myself if my opposing party IS city hall?…and friends…?…and family members…?

myself and safely get my children returned to my custody after 3 years of a battle against the court employees and authorities, who ARE running this town, my childrens cases, no due process exists and judges simply don't respond to emergencies modification custody? Not even a personal letter... View More

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

Based on the allegations, it would be in the best interest of the child(ren) that you request the Court to appoint a Guardians ad Litem (GAL) to advocate for the minor child(ren). The Guardians ad Litem will have the ability to review all the evidence and prepare a report and send to the Judge... View More

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1 Answer | Asked in Civil Rights for Florida on
Q: It was a lawyer that entered me into involuntary servitude by entering a plea of not guilty for me
James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry you're going through this challenging situation. It's important to understand your rights and the options available to you. Reaching out to another attorney could provide clarity and help you navigate the next steps effectively.

Consider gathering all relevant...
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1 Answer | Asked in Civil Rights for Florida on
Q: Was labeled a sovereign and entered into involuntary servitude by the judge entering a plea of not guilty for me

What can I do about this

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry you're experiencing this situation. It's important to understand that legal terminology can be complex, and the terms "sovereign" and "involuntary servitude" have specific meanings in law. A plea of not guilty typically means you are contesting the... View More

2 Answers | Asked in Appeals / Appellate Law and Civil Rights for Florida on
Q: Was called a sovereign and entered into involuntary servitude

What can I do about this

Charles M.  Baron
Charles M. Baron
answered on Oct 17, 2024

Being subjected to involuntary servitude would be a crime, so you must contact law enforcement - that is, the police or sheriff's dept. for the location where it is/was occurring. Additionally, you might have a potential claim for money damages against the perpetrator.

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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for Florida on
Q: How much should i sue for in total? i just want a general idea.

I was misled by a salesperson at a dealership who promised approval for a $22,000 car with $3,000 down. Upon arrival, I was told I needed $8,000. The salesperson referred me to another dealership, where I paid $3,800 down. A month later, they requested an additional $4,000, falsely claiming my job... View More

James L. Arrasmith
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answered on Oct 13, 2024

When deciding how much to sue for, start by totaling your direct financial losses. This includes the $3,800 down payment you made, the additional $4,000 they demanded, the $5,500 in unpaid tuition, and the wages lost over two months. Adding these amounts gives you a baseline for your claim.... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Florida on
Q: Can my friend sue for negligence after a detox facility and police mishandled his Baker Act?

I helped my friend check into a detox and mental health facility one afternoon. The next morning, when I called to check on him, they had no idea where he was. I later learned from a corrections officer friend of mine that my friend was in jail for petty theft… stealing water and a sandwich,... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 13, 2024

You are obviously a very good friend to that person - but your friend must be the one who seeks legal advice. You may assist your friend by looking for a lawyer for him to consult with, and your friend can include you in the communications with a lawyer if he wishes, but it would not be lawful for... View More

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1 Answer | Asked in Tax Law, Civil Rights, Gov & Administrative Law and Social Security for Florida on
Q: Lost ID, no primary ID. Need replacement to get job, access funds & meds. Urgent help needed.

I am humbled by your support, your kindness and the hard work you put in to make this Q&A opportunity possible for me. Words won’t describe the gratitude I feel. I have no original primary ID only possess digital copies of primary ID- my Certificate of U.S. Citizenship and an expired state ID... View More

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry you're facing this challenging situation. Start by visiting your local Florida Department of Highway Safety and Motor Vehicles (DHSMV) office. Bring all your secondary ID originals, your expired state ID, and digital copies of your Certificate of U.S. Citizenship. Explain your... View More

3 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for Florida on
Q: Does the fact that I couldn’t afford therapy strengthen my emotional distress claim?

I plan to visit the dealership again to secretly record conversations regarding the $3,000 down payment, terms of financing, and other details for my case.

As Florida is a two-party consent state, I am concerned about whether it is legal to record these conversations inside the... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 8, 2024

You first posed a question about the affect of not affording therapy on an emotional distress claim, and you then stated a concern about recording a conversation, which I take to mean a question asking if you can record in the setting you described without asking permission. You did not connect... View More

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1 Answer | Asked in Civil Rights for Florida on
Q: How would a person with a recognized mental health disability navigate a difficult civil legal matter?

This case involves Foreclosure, Chapter 13 Bankruptcy and a Special Needs Trust - also - (my Bankruptcy Attorney does not recognize my mental health condition and has repeatedly asked me not to mention it)

James L. Arrasmith
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answered on Oct 6, 2024

Navigating a complex legal situation when dealing with foreclosure, Chapter 13 bankruptcy, and a special needs trust can feel overwhelming, especially when managing a mental health condition. It's important to ensure that your legal representation understands the full picture of your... View More

1 Answer | Asked in Civil Rights for Florida on
Q: Is bein told to remove my Jesus statue from the front of my house against my right of religious freedom while others can

My HOA are threatening to fine me when I had that statue in front since my mother was alive and first bought the house. The HOA has been hassling every chance they get and this is a new one after 34 years. They are quite rude to me and told me if I don't like it then to move. Now I got a... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're experiencing this challenging situation. Your Jesus statue clearly holds deep personal and religious significance for you.

HOAs do have rules about property displays, but they also need to respect residents' rights to express their religious beliefs. It might...
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