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Florida Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Hello my question is once I have had my rights as a human violated on camera. What do I do next?
James L. Arrasmith
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answered on Feb 28, 2024

First and foremost, it's crucial to ensure your safety and well-being. If you're still in a situation where your rights are being violated or you feel threatened, seek immediate assistance from local authorities or trusted individuals who can help protect you. Your safety is paramount,... View More

2 Answers | Asked in Military Law, Civil Rights and Constitutional Law for Florida on
Q: I wanted to know if you are allowed to purchase either a handgun or rifle at age of 19 if you are serving in FLARNG

I am serving in the Florida national guard I am a resident of Florida I have a Florida drivers license I am 19 I live in Miami corresponding to Miami dade county

T. Augustus Claus
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answered on Feb 13, 2024

In Florida, the general law restricts the sale of firearms to individuals under the age of 21. However, there are exceptions to this rule, especially for members of the military and law enforcement. As a 19-year-old serving in the Florida National Guard (FLARNG), you are considered part of the... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Florida on
Q: I want to sue CPS & get my daughter back cuz they violated a bunch of our rights how would I go about that

I know there's no statue of limitations on when I can sue but they denied me due process and they trampled over a bunch of my rights & my child's rights and they lied about me in court & they used my child to get funds they gave me my 2 older children back & kept my baby &... View More

James L. Arrasmith
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answered on Jan 24, 2024

I’m truly sorry to hear about your situation. It sounds like you’ve been through a very difficult time. I can offer some general information that might help you understand the process of addressing your concerns with CPS.

To pursue legal action against Child Protective Services (CPS)...
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1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Florida on
Q: Wat to do when tenets an manager violate my privacy an I was writin up for wat i reported to management an tha others go
James L. Arrasmith
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answered on Jan 8, 2024

If your privacy has been violated by tenants and a manager, and you've been reprimanded for reporting this issue, it's important to understand your rights and the appropriate steps to take. Firstly, review your lease or rental agreement to understand the privacy terms and conditions... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: If you ask what does a phrase mean in the Miranda rights and it goes unanswered, is your waiver knowing and intelligent?

If a suspect who is in custody, and who's comments are being used against them, asked, "What is, 'without charge'?" after being read the line, 'If you cannot afford an attorney, one will be provided for you without charge', and the detective did not provide an... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2023

Any defendant who claims not to have understood the reading of Miranda rights may file a motion to suppress his/her statements that the government wishes to use against him/her, and the Judge will assess the totality of the circumstances, such as the defendant's mental capacity, ability to... View More

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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 Constitutional Law, Education Law and Juvenile Law for Florida on
Q: Can a school or official and a school police officer question of 15-year-old about a allegation that happened off school

The allegations was alleged to happen off school grounds and supposedly reported to the city police department the minor was questioned without his parents being there or aware of situation

James L. Arrasmith
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answered on Nov 29, 2023

In the United States, the rights of minors during questioning by school officials and school police officers can vary depending on the state and the specific circumstances. Generally, school officials have some authority to question students about incidents that may affect the school environment,... 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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1 Answer | Asked in Constitutional Law for Florida on
Q: The ucc1 if I file it in one state do I have to file it in another state even if I put what I won't on the first one

Does the first one cover the other state or do I have to file it separately

James L. Arrasmith
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answered on Nov 5, 2023

Filing a UCC-1 financing statement in one state may provide protection as a public notice of your interest in the collateral described within that statement, which can be effective across states.

However, if the debtor relocates to another state or if the collateral is moved, it may be...
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1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: Case laws in flordia with aggravted assault with a deadly weapon with out intent to kill.
James L. Arrasmith
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answered on Nov 5, 2023

In Florida, aggravated assault with a deadly weapon without intent to kill is a serious charge often examined under case law to determine the specifics of each individual case. Keep in mind that case law is continuously evolving with new rulings, and an attorney's guidance will be crucial to... View More

1 Answer | Asked in Criminal Law, Immigration Law and Constitutional Law for Florida on
Q: Are US Citizens protected from CBP officers searching their luggage when returning from a flight to a foreign country?

If you “look” suspicious to the CBP officer in the airport, can they detain you, search your items and question you based on their feeling? What 4th amendment protection do citizens have at airports?

James L. Arrasmith
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answered on Oct 15, 2023

When U.S. citizens return from a foreign country, Customs and Border Protection (CBP) officers have the authority to inspect luggage and question travelers. This authority is rooted in the government's responsibility to enforce customs and immigration laws. Generally, routine searches of... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a felon go to a gun range in Florida?

I own a black powder gun and would like to go into a shooting range?

Jonathan Blecher
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answered on Oct 7, 2023

It is illegal in Florida for convicted felons to possess firearms, including muzzleloading guns, unless the convicted felon has had his/ her civil rights restored by the state's Clemency Board or the firearm qualifies as an antique firearm under Florida Statute 790.001(1).

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3 Answers | Asked in Criminal Law, Civil Litigation, Constitutional Law and Federal Crimes for Florida on
Q: i am the victim of a kidnapping, false imprisonment, car jacking, assault/battery. What kind of lawyer should I look for

Polk county, I was cleaning a friends yard when he ex rolls up, assaults me, steals my truck, takes my phone, makes me ride with him, until I finally jump out, run and call the police from my smart watch. I would like to know what kind of lawyer I should be looking into. I need help with all of the... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2023

You have the right to make a claim for money damages against the perpetrator for actual monetary losses and for pain and suffering damages. If you have monetary losses directly caused by the crime, first speak to the prosecutor (Asst. State Attorney) because he/she may be able to seek restitution... View More

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2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Florida on
Q: I have always traveled by motorcycle therefore didn't have to have insurance or even license to travel freely.

As the same is also my constitutional right to do so. The police department unknown to me issued me a license then suspended it so they could charge me. Legal?

Charles M.  Baron
Charles M. Baron
answered on Sep 30, 2023

Licenses are not issued without an application and a fee submitted by the person seeking the license. Wonder if you're an identity theft victim. Request a copy of the license application, then see a lawyer. Regarding driver's license requirements for motorcycles, if the engine size... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: Can the Police pull me over, let me go without telling me to pull my car over or stop driving and pull me again for same

Pull me over for same thing 15 Minutes later for same thing now arrest me and search my vehicle??

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

That is unusual. The officers' written reasons for their actions must be reviewed to determine if they provided rational reasons to support probable cause for their actions. Of course, they may or may not be telling the truth in their explanation, but that's where the analysis starts.... View More

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3 Answers | Asked in Constitutional Law and Real Estate Law for Florida on
Q: Is a homeowner entitled to fly a political flag as well as an American flag?

I received a letter from the HOA stating that under Florida Statue 720.304, I am not entitled to fly a political flag along with my American flag

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 14, 2023

It is not clear what is meant by a "political flag". The statute quoted permits "up to two of the following portable, removable flags, not larger than 4 1/2 feet by 6 feet":

"1. The United States flag.

2. The official flag of the State of Florida....
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1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: What happens at a civil pretrial conference?
Charles M.  Baron
Charles M. Baron
answered on Jul 21, 2023

That depends on the particular Court (ranging from small claims court to the highest trial courts), as well as on whether the Court issued an order with details on it. Generally, the judge will at least want to know if the case is ready for trial, how long the trial will take, how many witnesses... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: My brother was sentenced to 16 years in prison in FL with 0 evidence but heresay? Is he able to file for retrial ?

He only had a public defender and my dad and stepmom are the ones that believe my little stepsister. Even her blood brothers don’t believe her because she is known to lie! Because he was facing over 35 years for both charges he took a plea deal and only got 16 years

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2023

To be certain, a criminal defense attorney must be consulted. In general, it's very tough to get out of a plea deal if the judge has already accepted it, and the defendant cannot "file for retrial" if there was no trial to begin with. There are very limited circumstances in which... View More

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