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Florida Civil Rights Questions & Answers
0 Answers | Asked in Libel & Slander and Civil Rights for Florida on
Q: Trying to see what type of Lawyer I would need to see about filing a suit for a wrongful conviction on a VOP in Bradford

Probation Officer falsified information on a drug screen, accused me of being a drug addict and I have never had drug charges in my life, I was on probation for DWLS. Probation officer poured out original urine sample out in the sink in front of me after telling him I wanted it sent to lab, was... View More

2 Answers | Asked in Civil Litigation, Gov & Administrative Law, DUI / DWI and Civil Rights for Florida on
Q: Are you a Florida lawyer I was arrested on a charge of driving while license suspended which the DMV vacated

Before the arrest officer's still arrested me on suspension which was vacated just to do a illegal search

Michael Rubin
Michael Rubin
answered on Jan 8, 2025

if the officer relied in good faith on information provided to him by dispatch, the stop is probably okay, if the DMV information had not caught up, but, if you now have a valid license, the case will likely be dismissed by the State or something similar. The second issue you raise concerning the... View More

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Gov & Administrative Law for Florida on
Q: Can a Court hearing for trespassing appeal be held in City Hall (Florida and is the ruling if not favorable legal?

The “Judge” was a local Attorney hired by the City titled as a “Hearing Master” with a City Police Attorney as their prosecutor

Michael Rubin
Michael Rubin
answered on Jan 8, 2025

yes this happens all the time and as long as the trier of fact can remain objective and neutral, there is no illegality

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2 Answers | Asked in Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Florida on
Q: How is it that the police can take half of pound of weed from a person but not give a citation
Charles M.  Baron
Charles M. Baron
answered on Dec 30, 2024

Are you asking if police MUST charge someone with the crime of marijuana possession (in Fla.) if they find half a pound of it in someone's possession? The answer is no, because it is within their discretion to charge or not to charge.

Or are you asking if it is legal for police to...
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1 Answer | Asked in Landlord - Tenant, Civil Rights and Small Claims for Florida on
Q: My landlord is witholding my security deposit illegally. I informed her in time and left the Apt. in optimal conditions

I took the apartment in uninhabitable conditions on February, 2023. Under the agreement to make the necessary repairs and pay a monthly rent of $1,634.00 adjusted to meet the cost stipulated by the Miami Beach Housing Authority (see attached agreement sheet) And that the total cost to be paid for... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. Start by gathering all your documentation, including the lease agreements, communication with your landlord, receipts for repairs and treatments, and any photos that support your case. This evidence will be crucial in proving that... View More

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: When I was minor I was charged with possession of a weapon on school grounds . Can I own a firearm.

I completed a diversion program and my paperwork says petition not to file charges . Happened 6 years ago.

James L. Arrasmith
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answered on Jan 5, 2025

Having a charge from when you were a minor can affect your ability to own a firearm, but the specifics depend on several factors. Since you completed a diversion program and your paperwork indicates that charges were not filed, this may work in your favor. Many jurisdictions consider juvenile... View More

2 Answers | Asked in Civil Litigation and Civil Rights for Florida on
Q: My exboyfriend wont give me my keys to my car could I call pop a lock to make a key if I have the title in my name

The car is next door at his neighbors house

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2024

I assume you mean that you not only wish to change the vehicle lock, but you also wish to take exclusive possession of the vehicle. Whether you can lawfully do that depends on the facts surrounding the vehicle not currently being in your possession, and you did not provide any of those facts here.... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for Florida on
Q: For the USA Constitution 9th Amendment, it should allow an individual person the right to privacy if possible?

Privacy If Possible as an individual right is not mentioned in the other amendments. All aspects of privacy should be mentioned as a way to allow an individual person to choose who or what to associate with. The first amendment addresses consent to join a group or organization. I am wondering if... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 10, 2024

Are you asking just an academic question, or you have a real-life situation that you need assistance with? If it's the latter, you'd need to provide some factual context to obtain any meaningful information. As a purely academic matter, it is the First Amendment that provides freedom of... View More

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1 Answer | Asked in Civil Rights for Florida on
Q: We purchased a foreclosure home and discovered a car parked in the garage. filed with the court to transfer but counterC

Now Toyota lease trust counterclaim. Please Advise in this situation thanks

James L. Arrasmith
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answered on Jan 5, 2025

You should first review the foreclosure purchase documents to determine if the car was included or if there are any existing liens against the property. It's important to understand the legal standing of Toyota Lease Trust's counterclaim and how it affects your ownership of the home and... View More

1 Answer | Asked in Copyright, Appeals / Appellate Law and Civil Rights for Florida on
Q: Instagram keeps taking my accounts I make saying I’m violating services but I haven’t violated

It says I’m selling and trading animal parts , buying explosives, and buying or selling drugs , which is all false what should I do to get my accounts back? I haven’t violated and instagram is almost impossible to get in contact with

James L. Arrasmith
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answered on Dec 7, 2024

Let me help you address this Instagram account issue systematically:

1. First, you should formally appeal Instagram's decision:

- Go to Instagram's Help Center

- Fill out their "Request a Review" form

- Include detailed information explaining that...
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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

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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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
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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

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