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 
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
Security camera in front of 7-11 on pineridge rd.
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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... View More
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?
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
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
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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
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
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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... View More
Pinellas County, fl.
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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... View More
Does the first one cover the other state or do I have to file it separately
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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... View More
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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
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?
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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
I own a black powder gun and would like to go into a shooting range?
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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).
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
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
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?
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
Pull me over for same thing 15 Minutes later for same thing now arrest me and search my vehicle??
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
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
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.... View More
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
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
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
After a fire in my home a
Fire investigator saw a syring in my bathroom in plain sight. It was in an open basket on bathroom counter. Also in same basket was folded up piece of paper with narcotics inside. Is said fire investigator allowed to continue his drug search by opening this paper... View More
answered on Jun 16, 2023
This is a complicated question. Why was a fire investigator present? A syringe is not automatically paraphernalia. Did the investigator question you about it? Did you make any statements? There may an issue with the investigator opening the paper if he did so without permission. You will need a... View More
My husband has a case thats based solely on probable cause from an officer that had contact with his friend previously for a charge not related to my husband and his friend said the officer said " please give me something on John osteen just anything"
answered on Jun 13, 2023
It is up to the trier of fact (jury in a jury trial or judge in a bench trial) to decide if a witness is credible. Your husband needs an attorney who will determine if the witness can be discredited - that is, come up with ways to persuade the trier of fact that the witness should not be believed.... View More
My brother has been living with me for about 3 months and I have reason to believe he spit in my lotion after an argument thinking I wouldn’t know.
While I don’t have any physical proof this happened would the local PD be able to test it for his saliva?
What are the steps to... View More
answered on Jun 6, 2023
What's your problem? Even if you, for some reason, ingest the lotion, do you really think that would infect you with some serious disease? No, it's obviously not worth your time.
a post was made of a fictional dream. the forum is in netherlands. poster resides in florida where the post is now part of a warrant for a case involving money laundering and prostitution. can the poster be tracked and the forum post used against him even though it clearly states it was a dream?... View More
answered on Jun 5, 2023
If the post which supposedly described a dream someone had, together with other information forming the basis for the warrant, may constitute probable cause justifying an arrest warrant. For example, say you had a dream in which you murdered someone and that someone turned up dead by homicide.... View More
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