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Florida Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: can a fictional forum post be used in court or be used to track down the writer or said post?

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

Terrence H Thorgaard
Terrence H Thorgaard
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

1 Answer | Asked in Criminal Law, Civil Litigation, Communications Law and Constitutional Law for Florida on
Q: Am I qualified to receive somee kind of money for being incarcerated for 8 months until my charge was dismissed?

Who would I be wanting to sue in that specific case?

Stephen Arnold Black
Stephen Arnold Black
answered on May 15, 2023

Florida does have a wrongful incarceration that provides compensation up to $50,000 per year to wrongfully incarcerated individuals. You should discuss the facts of your case with an attorney here in Florida about how to apply.

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Florida on
Q: I was seeing a psychiatrist for employment and to better myself instead he wrote and said horrible things about me which

Which left me traumized and suicidal not wanting to be around others anymore

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 11, 2023

Were these statements made to a third party? Reach out to counsel for a full review of the facts. You may have a case.

1 Answer | Asked in Civil Rights, Constitutional Law and Native American Law for Florida on
Q: Is there anything to prove that the American Indians actually became US citizens?

My great grand father was born in 1878 and said it never happened because the US had nothing to offer. We couldn't vote until the 1960s don't citizens get to vote?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 19, 2023

The 14th Amendment to the United States Constitution provides, in pertinent part, that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. " Citizenship thus has very little... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Yesterday I had an altercation with a police officer where he snatched my phone out of my hand and would not give itback

The original incident was an argument with somebody else who ended up flagging down the cops. When I was told to step out of my car, I was told I was not allowed to use my cellphone with the officer snatched it from my hand and would not give it back. Is that legal?

I’m not sure if I put... View More

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

Without a warrant, a police officer during an ordinary dispatch cannot seize and keep your cell phone.

Go to the police station, report what happened to a supervisor, and demand your cell phone back. That could resolve the problem without the necessity of hiring a lawyer to sue for the...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: Can you provide the correct procedure for motion to compel evidence

What is the exact procedure when defense atty files for motion to compel evidence, after judge grants it for two weeks WHY WOULD A DEFENSE ATTY ASK FOR A SECOND MOTION TO COMPEL AND A SANCTION. Are they able to be asking for a motion to request a dismissal of the case or a final judgment

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 13, 2023

Apparently, what happened was that the defendant's attorney moved that the plaintiff (which, of is a criminal case, would be the government) be ordered to produce some sort of evidence. The judge gave the prosecution two weeks to produce the evidence. When the defendant's attorney... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: HOW DO STOP A COUNTY WHO IS TRYING TO TO EVESERATE YOU ANY WAY THEY CAN. CAUSE YOU CAUGHT THEM COMMIT MULTIPLE FELONY'S

THEY ILLEGALLY FILED FOR A DEMO ORDER THE ATTORNEY SAID THEY WOULD REMOVE WITH FOCE MY FAMILY. ONES 10 FIRST TIME SHES HAD A DECKED OUT BY GRANDPA BEDROOM. AND ACROSS THE STREET FROM US. SO HER LIFE IS STABLE GRADE ARE MAXED AND I KEEP THIS NEIGHBORHOOD PROPER. I HELP ANYONE CLEAN UP WHAT SOME NOT... View More

James L. Arrasmith
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answered on Mar 11, 2023

It sounds like you are in a very difficult situation. If you feel that a county government agency is targeting you unfairly, you may want to consider seeking legal assistance to help protect your rights and interests.

Here are some steps you can take:

Consult with an attorney: A...
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1 Answer | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: if judge grants a motion to compel allowing state so many days to submit the discovery can they submit evidence after?

Judge gives deadline of evidence, is state allowed to submit and use evidence after this date to convict someone

James L. Arrasmith
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answered on Mar 11, 2023

No, if a judge grants a motion to compel and sets a deadline for the state to submit discovery, the state is not allowed to submit or use any evidence that was not submitted by the deadline. This is because the purpose of the deadline is to ensure that both the prosecution and defense have adequate... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for Florida on
Q: hello I was incarcerated back in 2017 and filed a civil case due to the action of 42 U.S.C. § 1983

case info on this question is as follows. Case # 2:2017cv00098

For this issue has the statue of limitations expired yet?

The cause of action for this is: 42 U.S.C. § 1983

Charles M.  Baron
Charles M. Baron
answered on Feb 28, 2023

The statute of limitations bars the FILING of civil cases after the expiration of the limitations period. Once the case is filed, there is no longer a statute of limitations issue. However, other deadlines then come into play under the Federal Rules of Civil Procedure and the Court's... View More

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2 Answers | Asked in Constitutional Law and Criminal Law for Florida on
Q: Is it illegal for an officer to detained you until back up arrives after traffic stop has ended. And hold your bicycle .

Right after a traffic stop and the officer doesn't allow you to have it, but assume that you knew that you were free to leave. Other officer's appears and start searching again without consent is this illegal under the 4th amendment

Charles M.  Baron
Charles M. Baron
answered on Feb 28, 2023

A lawyer would need a detailed description of the entire encounter and some background facts, plus any police report written on the incident, to determine if your Fourth Amendment rights were violated and to determine what actions may be taken. A temporary detention for investigative purposes... View More

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2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Domestic Violence for Florida on
Q: in florida what constitutes notice reasonably calculated in civil case... What statue?
James L. Arrasmith
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answered on Mar 2, 2023

In Florida, notice reasonably calculated to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections is required in civil cases. This is typically satisfied by following the rules of service of process as outlined in the Florida Rules of... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Native American Law for Florida on
Q: Why are the whites still in America when the Treaty of Middle Plantation says they must leave.

IV.

Whereas by the mutual Discontents, Complaints, Jealousies and Fears of English and Indians, occasioned by the Violent Intrusions of divers English into their Lands, forcing the Indians by way of Revenge, to kill the Cattel and Hogs of the English, whereby Offence and Injuries being... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 20, 2023

If you have any questions regarding these and other Tribal land issues, you can contact the BIA or Bureau of Indian Affairs in Washington DC, and they can respond to your questions and concerns Good Luck!

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Florida on
Q: Hired by a Federal Agency, got infected while on training, and terminated my employment. Can they just terminate it?

I was hired by a federal agency and invited for two weeks of training. I got infected with COVID on the third day of the training. They provided a hotel for quarantine. I could not receive the adequate medication that I needed from ER. The PCP advised me in Florida to travel from GA to have a... View More

James L. Arrasmith
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answered on Mar 2, 2023

It's possible that you may have a case if your termination was discriminatory or in violation of federal law or agency policy. The EEOC investigates complaints of employment discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information, so if you... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Native American Law for Florida on
Q: If the Indian Removal Act moved the American Indians west how did the Seminoles come to Florida?

Every Seminoles we meet always say they came here to Florida but the Indians from here now call themselves Black. There are no schools that teach them that they are American Indians they teach them that they are Black. Are there any lawyers that will be ready to take the fight when we want to use... View More

James L. Arrasmith
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answered on Mar 2, 2023

The Indian Removal Act, which was signed into law by President Andrew Jackson in 1830, forced many Native American tribes to leave their ancestral lands and relocate to areas west of the Mississippi River. However, not all tribes were removed, and some, like the Seminole, resisted relocation and... View More

1 Answer | Asked in Personal Injury, Constitutional Law and Landlord - Tenant for Florida on
Q: Can someone point me in the right direction.

I stayed in these apartments in Arlington in 2021i was pregnant, within the first month I had issues. There was no heat or AC in the unit. being on the second floor with heat and moist black mold, started appearing everywhere throughout the house. I have pictures. What they did do was send... View More

James L. Arrasmith
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answered on Mar 2, 2023

Based on the information provided, it sounds like you may have a potential legal case against the apartments for issues related to mold, plumbing, and reimbursement for hotel expenses. You may want to consider contacting a local tenant rights organization or consulting with a landlord-tenant... View More

1 Answer | Asked in Tax Law and Constitutional Law for Florida on
Q: I am an Indian and have proof that goes to the 1600s why am I taxed.

The US Constitution said that we are not taxed. In Article 1 Section 2 Clause 3. We get taxed daily. Why and how do we make it stop?

James L. Arrasmith
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answered on Feb 26, 2023

It's important to clarify that the US Constitution does not say that individuals are not taxed. In fact, the US Constitution authorizes the federal government to collect taxes in order to carry out its responsibilities and functions.

Article 1, Section 2, Clause 3 of the US...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: I've been residing at a hotel for over 45 days, locked out several times. Any protection on my behalf from police

Hotel deployable, needs code enforcement. No water after midnight, living with rats and roaches. Smoke alarm in all rooms don't work, most ac units are busted from outside the rooms. Locks on doors are being held up with scotch tape, not secured

Families are living here, including me... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jan 25, 2023

Unlikely that this is a criminal matter. I would suggest contacting code enforcement department in the county where the facility is. They may need a complaint in order to investigate. I hope this helps.

2 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: Can I sue the Florida Legislature if conseal carry no longer has to register. Does it endanger my civil rights?

I think both laws not registering a gun and not registering conseal carry endangers my domestic tranquility not knowing who is packing. The 2nd ammendment is more important than the preamble. Same can be said for assault rifles. Seems like the use of such guns are for mass shootings in public... View More

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

I agree with your general point of view and believe the Second Amendment should be modified, if not repealed, due to the Supreme Court's 5-4 decisions in District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010), in which just 5 Justices (in 5-4 decisions) overturned... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: can I legally concealed carry a firearm without a permit in Florida while fishing
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 31, 2022

No. But you may openly carry a firearm while fishing, and while going to or from a fishing location. See Florida Statue 790.25 (3) (h).

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Florida on
Q: My car was taken by the police because my boyfriend drove it to his work site and was arrested for economic felonies.

They think there is evidence in the car of his crime. That's why they said they could take it. The car is registered to me, it's new so the title is between the dealership and myself, insurance is in my name. I was not at the scene when this took place. I got a ride to the scene to get my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 20, 2022

In my opinion, the police did not have the right to keep your car without a warrant. Was that your question?

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