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Florida Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Can I file a civil suit and/or criminal suit in Georgia over constant phone harassment from a non profit organizations.

I used to lived there from the year 2018 and the harassment started around 2021 to present day. I no longer live in Georgia so I know the calls not from potential job opportunities or doctor offices. I already asked multiple times to be removed from the call list but they have ignored my multiple... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Florida, dealing with constant phone harassment from a non-profit organization can be both frustrating and disruptive. You have the right to take legal action in such situations.

For the civil suit aspect, you could potentially file a lawsuit for harassment or invasion of privacy....
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2 Answers | Asked in Civil Litigation, Criminal Law, Personal Injury and Civil Rights for Florida on
Q: My father was arrested in 2020. An officer came to his house to serve a subpoena for an upcoming hearing for myself.

The officer opened a closed gate and enter into my father's property. My father was inside his home in the kitchen which is approximately 12 feet from the front door. The HVAC air handler is located in the kitchen and my father was working on cleaning the unit at the time. The officer claims... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 21, 2023

For your father to determine if he has potential valid claims for false arrest/false imprisonment and/or malicious prosecution, he must schedule a consultation with a civil rights attorney in his area. There is no way to get a reliable answer to this question in any online forum. For a lawyer to... View More

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1 Answer | Asked in Civil Rights for Florida on
Q: a lawyer failed to follow up on my civil rights case that i signed a retainer with. she filed then complaint
James L. Arrasmith
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answered on Dec 23, 2023

In Florida, if your attorney has failed to follow up on your civil rights case after filing the complaint, this could be a concern. It's important for an attorney to actively manage and progress a case after initiating legal action.

First, try to communicate with your lawyer directly....
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1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I was arrested in Florida and charged with misdemeanor resisting arrest without (no prior criminal history of ANY KIND)

Arrested 23 months ago resisting arrest without violence) I've already had 1 mistrial (jury couldn't reach a unanimous decision). This prosecutor won't let this go, so I'm going to trial AGAIN, 86 days after the mistrial. I never waived my speedy trial rights, and suddenly only... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 13, 2023

What are the reasons your lawyer (APD) has formed a professional opinion that you will likely lose if you take the case to trial? (And I assume that his/her opinion on that is accompanying his/her advice about plea negotiations.) That's the first step in analyzing your situation. Does the... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: Should I sue the lee county sheriffs department for police brutality if they BEAT the Holy Crap out of me in front of se

Security camera in front of 7-11 on pineridge rd.

James L. Arrasmith
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answered on Dec 8, 2023

If you believe you have been a victim of police brutality, it's important to first seek medical attention for any injuries you may have sustained. Documenting your injuries through medical records is a crucial step in building your case.

Next, consider consulting with an attorney who...
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3 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: If I am paying for a room out of pocket that is not a rental do I have a right to privacy?

I moved in with a family member they gave me this list of expectations & one was I have no expectation of privacy yet I'm paying for the space with my own money but he claims its not a rental so I have no expectation of privacy is this legal?

Charles M.  Baron
Charles M. Baron
answered on Dec 7, 2023

If the arrangement is for you to make regular periodic payments (for example, weekly or monthly) in exchange for the space, you are a tenant, which legally makes it a rental. Regardless of it being a rental or not, everyone has a right of privacy to a certain extent. For example, it would likely... View More

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1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Florida on
Q: Are homicidal threats and a baker act a legal reason for termination?

Hello

I was recently fired from my job after being baker acted on the job. I texted the crisis hotline explaining to them I was having homicidal thoughts about killing my coworkers. The police arrived and took me in, I went willingly. When I was released from the hospital 72 hours later I... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Florida, the situation you describe is complex and involves several legal considerations. Employers have a duty to maintain a safe workplace, and expressing homicidal thoughts about coworkers can be seen as a serious threat to workplace safety. This could potentially be a legitimate reason for... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: I spent 3 extra years in prison because of false convictions for violence on my PSR.Can I sue the BOP for those years ?

Not until I Filed in court was I granted release.

James L. Arrasmith
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answered on Nov 24, 2023

In Florida, if you were incarcerated for an extended period due to false convictions noted in your Pre-Sentence Report (PSR), you may have grounds to pursue legal action against the Bureau of Prisons (BOP). However, suing a federal agency like the BOP involves complex legal challenges, including... View More

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Florida on
Q: My mom won’t end charges on my bf since but I want to end them, I’m 17 I need consent frm parents, anyway around it?
James L. Arrasmith
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answered on Nov 24, 2023

In Florida, if you are under 18, your ability to influence criminal charges, especially those filed by someone else, like your mother, is limited. Since you're 17, you're considered a minor, and typically, the decision to pursue or drop charges in a criminal case is up to the prosecutor,... View More

1 Answer | Asked in Civil Rights and Family Law for Florida on
Q: How can I prove my adult son is being abused mentally and controlled by my aunt's husband while on medication

My son went to my aunt's house cause he was homeless not to be abused what can be done through the court?

Charles M.  Baron
Charles M. Baron
answered on Nov 19, 2023

Your inquiry is vague regarding the words "abused" and "controlled". Certain types of abuses are crimes to be brought to the attention of law enforcement. For example, if he's being held against his will, that would be a crime. If you're NOT talking about something... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: If I know I have a strong case to pursue a lawsuit against dcf, how do I proceed? What kind of attorney do I need

Long story short, I lost two sons in an accident and one survived they were in the care of their father who survived as well. CPI became involved when I brought my surviving son home from the hospital. I was the non offending parent but that quickly changed once me and the cpi worker had a... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 19, 2023

Sorry to hear about your terrible ordeal. The legal grounds available to sue DCF are very limited due to various legal obstacles, such as immunity from certain grounds that are available to sue certain other governmental entities. In some limited circumstances, there are potential grounds to sue... View More

1 Answer | Asked in Landlord - Tenant and Civil Rights for Florida on
Q: I live in FL inshared room,who put camera inside front door where we exit and enter, and where I personally get dressed
James L. Arrasmith
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answered on Dec 15, 2023

In Florida, the use of cameras in private living spaces, especially in areas where individuals have a reasonable expectation of privacy, is a sensitive legal issue. If a camera is placed in a shared living space, such as a room where you get dressed, this could potentially violate privacy laws.... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Time limit to sue for detention in Polk FL jail beyond official release date?

Due to an admin error, my nephew was detained at least 60 days beyond the date he should have been released.

T. Augustus Claus
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answered on Nov 14, 2023

The statute of limitations for filing a lawsuit against the Polk County Jail for false imprisonment is two years. This means you have two years from your nephew's release to file a lawsuit.

False imprisonment is a serious offense, and the Polk County Jail could be liable for damages if...
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1 Answer | Asked in Civil Rights and Family Law for Florida on
Q: Why can't I see my 26-year-old son if there is no legal reason why I cant

My adult son age 26 has been living with my half-aunt and her live-in man friend due to my husband and being homeless for a year now. Things do not look good from what we can understand thats going on in my aunt's house communication by phone from my son or any aloud visits for no legal... View More

James L. Arrasmith
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answered on Nov 18, 2023

It's understandable that you're concerned about your 26-year-old son and his living situation. In general, adults have the legal right to make their own choices about where they live and who they associate with. If there are no legal restrictions or court orders preventing you from seeing... View More

2 Answers | Asked in Civil Rights for Florida on
Q: Can you sue the State of Florida for wrongful arrest? I spent 29 days in jail for a falsified Affidavit for arrest.

I was arrested for a VOP and spent 29 days in jail. The State of Florida committed Fraud on the Court using a falsified Affidavit Violation of Probation.

James L. Arrasmith
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answered on Nov 12, 2023

Suing the State of Florida for wrongful arrest can be challenging due to sovereign immunity, which generally protects the state and its agencies from being sued without consent. However, there are exceptions to this immunity, especially in cases of civil rights violations under federal law, such as... View More

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1 Answer | Asked in Civil Rights and Employment Law for Florida on
Q: can a coworker video record your conversation on their cellphone without your knowledge and sent it to your corporate

video recording sent to district manager and corporate office during a private emotional conversation with a coworker and after that coworker quit their employment they sent video without my knowledge, I was written up by employer and signed a disciplinary conduct form .Do I have any violation... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 10, 2023

You description is a bit vague, but it sounds like your coworker, without your consent, video and audio recorded a private conversation you had with him/her, then after the coworker quit, he/she sent that video/audio recording to your employer without your consent, and solely due to that recording... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Florida on
Q: I've been under surveillance for several weeks by what I assume is the FDLE Fusion center investigators

Based on their attire. They have not spoken to me or presented me with any kind of warrant. Recently I discovered they're in my attic watching inside the house 24/7 they will not acknowledge me. Can local police remove them from the property since they have no warrant or are these my new... View More

James L. Arrasmith
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answered on Nov 8, 2023

If you believe that law enforcement officers are conducting surveillance in your attic without a warrant, it is within your rights to contact local police to investigate the situation.

The Fourth Amendment protects against unreasonable searches and seizures, and if there is no warrant or...
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1 Answer | Asked in Civil Rights, Constitutional Law, Divorce, Family Law and Child Custody for Florida on
Q: My constitutional rights have been violated in civil/custody court many times. My children are in danger.

Pinellas County, fl.

James L. Arrasmith
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answered on Nov 5, 2023

If you believe your constitutional rights have been violated in court, particularly in matters as serious as custody disputes where you feel your children are in danger, it is critical to seek legal advice immediately.

Contact a local attorney with experience in family law and civil rights...
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2 Answers | Asked in Criminal Law, Domestic Violence, Federal Crimes and Civil Rights for Florida on
Q: does a criminal have a right to the first amendment?
T. Augustus Claus
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answered on Nov 1, 2023

There are some limits on the First Amendment rights of criminals. For example, criminals cannot use their First Amendment rights to incite violence or obstruct justice. Additionally, criminals may be restricted to their First Amendment rights while in prison or jail.

Unfortunately, due to...
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2 Answers | Asked in Civil Rights for Florida on
Q: What is the statute of limitations in florida state for police misconduct
Charles M.  Baron
Charles M. Baron
answered on Oct 25, 2023

The answer I give here is general educational information, not advice to rely on in determining how long you (or someone else) has to take legal action. For advice to reply on, you must schedule a consultation with an attorney. There are different deadlines for the various types of claims that... View More

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