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Florida Civil Rights Questions & Answers
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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1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Can i get the fees waived if I’m indigent fir copies of bodycam footage

I requested the bodycam footage of an incident. There is a fee due to it taking more than 15 minutes to get the video so there is a fee. Can I have the fee waived if I’m indegent

James L. Arrasmith
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answered on Sep 30, 2024

You may be able to have the fee waived for bodycam footage if you can demonstrate that you are indigent. Many public agencies have provisions for fee waivers or reductions based on financial hardship. It would be helpful to provide documentation of your indigency when making the request.... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: My dad is in jail for a probation/cc violation he's been in there since the end of July, he denied the vop and they set

A vop evidentiary hearing and rescheduled it twice now. How long can they hold him in jail without actually charging or convicted him of the violations. And they have charges on his score sheet that aren't his, my father hasn't been in trouble in 36 years besides a traffic ticket.... View More

Rod Caruco
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answered on Sep 28, 2024

It sounds like your issue is very fact-specific, and I would encourage you to engage with a criminal defense attorney to dig in and figure it out.

Generally, a conviction comes with a confinement sentence that is suspended (probation). Think, for a misdemeanor, one year in jail, suspended,...
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2 Answers | Asked in Contracts, Civil Rights and Criminal Law for Florida on
Q: There is a contractor who repaired my house, he has recorded my meeting with him on audio (phone). without my permission

Can i sue him? If that recording is shown to judge I will have to pay $10,000 to him. Now what do I do?

Erik A. Perez
Erik A. Perez
answered on Sep 30, 2024

Possibly. It is a 3rd degree felony in Florida to intentionally intercept or record a private conversation without all parties' consent. As it relates to civil law, it is debatable whether you have a cause of action. I would recommend identifying the monetary damages you have suffered as a... View More

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1 Answer | Asked in Civil Rights for Florida on
Q: My girlfriend is being starved in jail due to her allergies, is there anything that can be done about this?

Since she got in, it took her 6 weeks before being able to get an allergy tray but they still feed her food she is allergic to and she already told medical and had it documented too but every time she lets the guards know that she cannot eat it, they would scream at her and tell her to eat it... View More

James L. Arrasmith
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answered on Sep 27, 2024

It sounds like a really distressing situation, and it's understandable why you'd be so concerned for her safety and health. First, you should document everything in as much detail as possible, including dates, times, and names of the staff involved. This kind of evidence will be useful if... View More

1 Answer | Asked in Civil Rights for Florida on
Q: My girlfriend is being starved in jail due to her allergies what can be done about this and who can we talk to?

Since she got in, it took her 6 weeks before being able to get an allergy tray but they still feed her food she is allergic to and she already told medical and had it documented too but every time she lets the guards know that she cannot eat it, they would scream at her and tell her to eat it... View More

James L. Arrasmith
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answered on Sep 27, 2024

It sounds like your girlfriend is facing serious neglect in jail, and her health is being put at risk due to these conditions. First, you may want to contact a lawyer who has experience with civil rights or prisoner rights. They can help you take legal action against the jail for not providing... View More

1 Answer | Asked in Civil Rights for Florida on
Q: I was discriminated in a restaurant due to having my trained by a non profit service dog with me, do I have a case?

The manager threatened to remove me physically if I wouldn't leave due to my well-trained by a non profit organization and well-behaved service dog being with me. I even offered to show her on my phone that I have a legal right to have my service dog with me and she stated that she will take... View More

James L. Arrasmith
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answered on Sep 27, 2024

You may have a valid case based on what you experienced. Under the Americans with Disabilities Act (ADA), businesses are generally required to allow people with disabilities to bring their service animals into all areas where customers are allowed. The manager's behavior of threatening to... View More

2 Answers | Asked in Civil Rights for Florida on
Q: How do I find a lawyer to take an existing case that we believe has broken several civil rights of the defendant
Charles M.  Baron
Charles M. Baron
answered on Sep 23, 2024

You need to re-post your inquiry with a bit more information in order to get any guidance about your particular situation. Generally, though, to find a lawyer for any area of law, you can click on Find a Lawyer at the top left of this Justia page or contact the Florida Bar Lawyer Referral Service.

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1 Answer | Asked in Criminal Law, Products Liability, Civil Rights and Small Claims for Florida on
Q: My friend lost my bag on a flight and doesn't want to get reimbursed for it.

My friend offered to take one of my bags home from Madrid (that contained clothing and a bunch of gifts for my kids) while I finished my Vacation in Europe. Her flight in Madrid was with Iberia. Then connecting in Miami (American) with final destination Orlando. She was tight getting on her... View More

James L. Arrasmith
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answered on Sep 24, 2024

It sounds like a tough situation, but there are steps you can take to seek reimbursement. First, contact Iberia or American Airlines directly to report the missing bag yourself, if you haven't already. Provide all the details, including the lost luggage report your friend filed, and emphasize... View More

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: police r violating my victims rights and not taking my case seriously how do i enforce my rights and get justice

I have a solid case on a guy who romance scammed me and commited fraud. or the police to investigate, arrest, and have the DA prosecute. I have established, intent to deceive, probable cause, collected solid evidence, and even have a witness to testify because he lied to her so that she would let... View More

James L. Arrasmith
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answered on Sep 22, 2024

It sounds like you're facing an incredibly frustrating situation, especially when the police aren't taking your case seriously despite the solid evidence you've gathered. One immediate step you can take is to file a complaint with the police department’s internal affairs division... View More

2 Answers | Asked in Criminal Law, Civil Rights and Juvenile Law for Florida on
Q: Can a person video a minor being place in a police car

A neighbor videoed a 12 yr old in handcuffs being escorted out of his house and placed into a police vehicle with 6 police officers

Charles M.  Baron
Charles M. Baron
answered on Sep 21, 2024

Generally, it's legal to video record anything taking place in public, where an incident can be viewed by strangers who happen to be present. Some people video record arrests or other police activity, knowing the police see them, to prevent police misconduct and to report it if it occurs.

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1 Answer | Asked in Civil Rights for Florida on
Q: Suspension the license arms and negation disability

CaseM24004679 election Rights WX174706;CW292407384.florida department agriculture and consumer services Division of licensing my ask is I have can appellations administrative?

James L. Arrasmith
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answered on Sep 22, 2024

It sounds like you are dealing with a suspension of your license and are concerned about your rights, including election rights and possibly an appeal process with the Florida Department of Agriculture and Consumer Services. Yes, you can appeal an administrative decision, but it will depend on the... View More

2 Answers | Asked in Civil Rights for Florida on
Q: Can some one video record me and my children coming into our apartment while we are conversating in the state of Florida

The neighbors who couldn't be seen yet his phone could be was recording us while we were talking after school coming into our apartment.

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

It depends on how public or private the setting is. Audio recording a conversation in a place where there's an expectation of privacy is a crime in Florida. That is something that should be reported to the police. Video (without sound) may or may not be lawful depending on the... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for Florida on
Q: Is it wrong/illegal of me to look out my window? An amazon delivery worker misinterpreted and stared at me very angrily.

I'm a young man in my 20s, literally just in leisure in my room and I like having my blinds open so light comes in and I'm looking out my window and there's a pool, trees and a sidewalk that leads to other units. Well I get a weird feeling and I glance over and an amazon delivery... View More

James L. Arrasmith
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answered on Sep 20, 2024

You didn’t do anything wrong by simply looking out your window. It's perfectly normal to have your blinds open and to observe the surroundings from your own home. As long as you weren't engaging in any inappropriate behavior, it's your right to enjoy the view from your residence.... View More

2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: In Florida, is a convicted felon able to own, and concealed carry a 1858 new army sheriff model replica black powder gun
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 15, 2024

No, not unless your "civil rights and firearm authority have been restored". See Florida Statute 790.23. There is no exception for antique weapons. Federal law also may apply.

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1 Answer | Asked in Civil Rights for Florida on
Q: Per the case that finished BRIAN HOUSTON v. MARICOPA SHERIFF, COUNTY OF .

Mugshot Lookup website violated his rights to substantive and procedural due process and to a speedy public trial. The photographs posted on the Mugshot Lookup website are often gathered by other internet sites and thus remain available after they are removed from the County website, even if the... View More

James L. Arrasmith
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answered on Sep 19, 2024

When facing an issue where a website refuses to remove mugshots or personal information, it can feel deeply frustrating and unfair, especially if it’s affecting your reputation or employment opportunities. The fact that this information remains available even when someone is not prosecuted or... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: If I was held illegally for 8 days on court order of a warrant and time credited was in accurate, do I have a civil suit

Can I receive a settlement from those illegal detained days?

James L. Arrasmith
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answered on Sep 11, 2024

If you were held illegally for 8 days on a court-ordered warrant, and the time credited to your detention was incorrect, you may have grounds for a civil lawsuit. Unlawful detention or false imprisonment is a violation of your rights, and you could potentially seek compensation for the time you... View More

Q: Denied for SSI and passed appeal deadline due to SSI and other lawyers discriminating based off of age. What do I do?

SSI denied me saying that despite knowing my limitations, they say it wasn’t, “severe” enough. They were basing off of my education, job history, and age. When I was reaching out to 3 other lawyer/lawyer firms, they refused to take my case due to my age. It passed my deadline due to their... View More

James L. Arrasmith
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answered on Sep 6, 2024

You may still have options to address the missed appeal deadline for your SSI claim. If you believe the delay was due to discrimination or misinformation from lawyers who refused your case based on age, you could try to file a request for reconsideration with the Social Security Administration... View More

2 Answers | Asked in Civil Rights for Florida on
Q: My mom made a callout post on instagram with a picture of me attached. I don’t want her using pictures of me for this.

I’m 18 and I don’t know how to go along with handling this. She constantly threatens to kick me out for shutting down her mistakes when she involves me. I just want advice of how I’d deal with this so I can rest easy knowing I won’t be in danger because of her actions online.

Charles M.  Baron
Charles M. Baron
answered on Aug 28, 2024

If you were not in a public place when your photo was taken, it's unlawful for someone to publicly post your image without your consent, and action may be taken to put a stop to it. However, regarding your mom's threat to remove you, an adult, from her home, she has the legal right to... View More

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: What is the proper form and procedure to file for contempt in the US District Court Mid. Dis of FL TPA Division?
James L. Arrasmith
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answered on Aug 31, 2024

To file for contempt in the U.S. District Court for the Middle District of Florida, Tampa Division, you begin by preparing a motion for contempt. This motion should detail the specific order that was violated, how the violation occurred, and the relief you are seeking. Attach any supporting... View More

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