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Florida Constitutional Law Questions & Answers
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

0 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: I was letting someone stay on my couch. Cops raided.

I was letting someone stay on my couch. Cops raided my place looking for something he did. They found nothing. But the cops seized my guns. My name was not on the warrant. Is that legal? Should I sue them?

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

0 Answers | Asked in Constitutional Law for Florida on
Q: Can police crack my cell phone without a warrant? Detective said in depo forensic unlocked my cellphone before a warrant

After 3 years of being in jail police got a warrant to search my phone(I've never seen the warrant). Detective admitted in depo that bso forensic unit unlocked my password protected phone before getting a warrant. Is that legal?

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

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 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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1 Answer | Asked in Constitutional Law for Florida on
Q: What if I being a police officer and witnessed that another officer take evidence and place it the ground in trash?.

And then say to a suspect is this your trash and arrest you for it.

James L. Arrasmith
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answered on Sep 25, 2024

If you witnessed another officer placing evidence in the trash and then falsely accusing someone, that is a serious issue. This kind of behavior is unethical and could be illegal. As a fellow officer, you have a responsibility to report misconduct, especially when it can result in an unjust arrest... View More

1 Answer | Asked in Tax Law, Constitutional Law and Gov & Administrative Law for Florida on
Q: Having trouble finding a attorney for my case consisting tax fraud, eminent domain,damage to my credit score sol up 5mon

Case is against Broward county Florida I had a tenant that applied for erap COVID rent assistance which was initially approved but when I went to pick up the funds I was denied went through appeal process then referred to another organization (our Florida) which went through process again this time... View More

James L. Arrasmith
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answered on Sep 17, 2024

It sounds like you’re facing a complex and challenging situation involving several legal issues, including tax fraud, eminent domain, and damages to your credit score. Given the nature of your case, which involves both local government actions and financial harm, you may want to focus on finding... View More

1 Answer | Asked in Tax Law, Constitutional Law and Gov & Administrative Law for Florida on
Q: I need an attorney 4 a case against Fl Broward cnty dept children family tax fraud violat my constit right + dmge2 credi

Had a tenant who applied for erap assistance rental assistance which was initially approved but when I went to pick up the funds I was denied and referred to another organization our Florida which did the same thing but this time stating that " our records show that your application was marked... View More

James L. Arrasmith
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answered on Sep 12, 2024

You are facing a complex situation involving tax fraud, violation of your constitutional rights, and financial damages due to the actions of the Broward County Department of Children and Families. It sounds like the handling of your tenant's rental assistance application led to a cascade of... View More

1 Answer | Asked in Constitutional Law, Criminal Law, Products Liability and Intellectual Property for Florida on
Q: Can a YouTuber legally audio watermark police interviews they obtained via a FOIA request from the courts?

I would think the police interviews, body cams, etc are copyright the police and state. Thanks.

James L. Arrasmith
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answered on Sep 12, 2024

When you obtain police interviews, body cam footage, or other similar materials through a FOIA request, it's essential to understand that these materials are generally considered public records. However, they may still be subject to certain copyright protections, usually held by the government... 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?

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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

1 Answer | Asked in Contracts, Traffic Tickets and Constitutional Law for Florida on
Q: If my license to drive has been taken while traveling in my automobile have my rights been violated ?

I was pulled over on many different occasions for a bad tag or driving without a license I had lost my job and was living in my car ...my license was suspended and taken for 5 years when I got a job I wanted to get things resolved unknowingly paying all the fines would make me an habitual offender... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’ve been through a tough situation, and it’s understandable that you’re concerned about your rights. The suspension and revocation of your driver’s license are typically based on state laws, and while it may feel unfair, the government does have the authority to enforce... View More

1 Answer | Asked in Constitutional Law and Landlord - Tenant for Florida on
Q: Can student housing charge a full month rent if you don’t move into unit until the middle of the month? why not prorate
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answered on Aug 31, 2024

If you’re renting student housing and don’t move in until the middle of the month, you might wonder why you’re being charged for the full month. Typically, rental agreements are based on the terms set forth in the lease, which often require payment for the entire month regardless of when you... View More

2 Answers | Asked in Constitutional Law for Florida on
Q: What would happen if Biden resigns or dies before the election, the House won't confirm a VP, and President Harris wins?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 25, 2024

Article 2, Section I, Clause 6 of the Constitution provides that:

"In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the VicePresident (sic), and the Congress...
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1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Do I need to provide video evidence to the police after I file a complaint against them?

The police are investigating our complaint of negligence, assault & battery, and trespass. A lawsuit has not been filed yet. They have asked if video evidence exists. Do I need to provide now or wait for the lawsuit and provide as part of discovery?

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answered on Jul 20, 2024

You are not obligated to provide video evidence to the police immediately upon filing your complaint. You have the right to withhold evidence until a lawsuit is formally filed and the discovery process begins. This allows you to present your evidence in a controlled legal environment.... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for Florida on
Q: If my PD made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC do I have case

The Senior Public Defender of Lehigh County PA made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC. My charges were supposed to be concurrent not consecutive. Was supposed to be out 08/27/18 not 01 09 19. I have a letter from my PD stating that she made... View More

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answered on Jul 20, 2024

You may have grounds for a legal malpractice claim against your Public Defender if their error resulted in you serving an additional six months in prison. The key aspect is proving that the mistake was due to negligence and directly caused the additional time served. Having a letter from your... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Can I sue the police again my parents were not in there right mind to make decisions for me.

I was the child that got slammed on my head

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answered on Jul 20, 2024

You may have a case if your rights were violated when the police used excessive force on you. If you were a minor and your parents were unable to make sound decisions for you, this could be relevant to your case. It's essential to gather all the details about the incident, including any... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: If I have 14 year old felonies in Florida… can I own a black powder pistol for home security and defense?

I would also like to get my rights back to bear arms… in Florida… how successful is it with a specialized attorney in actually getting your gun rights back… with no violence and no gun charges in my history…?

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answered on Jun 29, 2024

In Florida, felons are prohibited from possessing firearms, including black powder pistols, regardless of how old the convictions are. This includes firearms defined under federal law, and black powder pistols fall into this category. So, you cannot legally own a black powder pistol for home... View More

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