I've made complaints with the Attorney General,DOJ civil rights,DHHS,County Commissioners,DCF.I was reverted back to DHHS,now this as I understand it is this is the main entity to CPS & DCF and entities,so how can I expect to get a fair investigation or judicial review of their own... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024
If you're dealing with violations of civil rights or due process, it can indeed be frustrating if you feel the entities supposed to help are not addressing your concerns adequately. It's important to remember that there are multiple avenues for complaints and advocacy, though navigating... View More
There is an investigator working on my criminal case, but, I haven't much faith in her. If a new witness is discovered shortly before a trial ( ie. a month) does she HAVE to attempt to locate him? Isn't that part of my due process rights? He was my neighbor at the time and was video... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024
In a criminal case, the obligations of an investigator can vary based on the laws of the jurisdiction and the specifics of the case. Generally, investigators should pursue all credible leads and examine relevant evidence, which can include questioning new witnesses who might provide critical... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024
As long as the two of you are legally married you both have equal rights to the children. If you want the courts to intervene then you need to file a case against your spouse. The most obvious case would be a dissolution of marriage (divorce). The case would need to be filed where you have lived... View More
Typo. Don’t have to have their dash cam activated
answered on Mar 22, 2024
Yes, marijuana smoke is probable cause for a car search. Usually, the odor of marijuana smoke is detected after a car stop for some other reason. A medical marijuana card does not allow consumption in a vehicle. While the odor of burnt marijuana may persist from previous use, the presence of... View More
I was stopped because I did not use my turn signal at a 3 way stop sign, I was on a deserted road, at Midnight. Since no other cars were in site (affected) I know this was an unlawful stop.
When he activated his lights we were on a pitch black, 2 lane road with no shoulder and severe... View More
answered on Mar 21, 2024
Please cite the statute that allows you to NOT use your turn signal at a 3 way stop on a deserted road at midnight with no cars in sight. If you can't cite that statute, I'd advise you to not file a motion to suppress. But you do what you think is best for you.
They turned off body cameras and locked her in her garage while making her do degrading things, touching her breasts and vaginal area, making her crab walk naked in front of three male officers. They took her husbands cell phone and days later told her to reach out to possible people her husband... View More
answered on Mar 20, 2024
You are writing about someone else. It's not clear what you are asking for. If these allegations are true, your friend could file an internal affairs complaint against those officers involved. The IA investigation would require her cooperation. Most agencies do not authorize turning off body... View More
I was forced to sign a quick deed to property that I own. By a Ex-prison con artist who kept threatening my and still is threatening my family. What can I do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024
If you were coerced into signing a quitclaim deed under threats, it's important to take immediate action to protect yourself and your family. The first step is to contact law enforcement to report the threats and the coercion. They can offer protection and advice on how to proceed safely.... View More
I live in a different county from someone who has obtained and distributed my picture, dob, dl #, social, and other PII. I need to know how to have a demand letter like a cease and desist served IMMEDIATELY.
Is it necessary to have this done by an attorney or can I do it myself?
Please help!
answered on Mar 15, 2024
By "a cease and desist", presumably you mean a demand letter, as opposed to some sort of a court order. Send, by certified mail, return receipt required, a letter demanding that the conduct be stopped immediately.
also discrimination, police brutality, health issues & more
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024
When searching for an attorney or law firm to take on a lawsuit involving civil rights violations, police misconduct, discrimination, police brutality, and health issues, it's crucial to look for legal professionals with experience in these specific areas. Civil rights attorneys often have the... View More
The defendant is being represented by a public defender who has not yet been in contact with him. In the meantime, is it a bad idea to write a character letter on the defendants behalf? I’m just thinking of every possible option that could help the outcome of the defendants case.
For... View More
answered on Mar 13, 2024
You don't indicate who it is you are thinking about sending the letter to, but it is very unlikely such a letter would have any effect until the time of a bail hearing or trial. Ask the public defender.
I was a victim of grand theft. The case dragged out for 3 years and was complex. A plea deal was arranged in which the defendant paid back part of the money and in return there was no probation or ongoing restitution. That was it. The defendant wanted that deal or wanted to go to trial. So D.A... View More
answered on Mar 11, 2024
Your question should first be directed to the prosecutor with whom you "decided to take the partial payment". You should find out if a civil judgment lien was entered for the higher amount you are seeking at this time. If a higher amount of restitution was not agreed to as part of the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024
If you've discovered a case that was supposed to be sealed or expunged appearing on your record, it may be due to a few reasons. Firstly, the process to seal or expunge a case involves several steps and requires the involvement of the court and other legal entities. Sometimes, there can be a... View More
This aggravated stalking rises from a closed stalking case that I was already sentenced on in 2019, I plead out to the aggravated stalking July 2023, doesn’t this fall under double jeopardy rule…
answered on Mar 4, 2024
On the face of what you report there may be a double jeopardy problem. The big question is why the double jeopardy problem is first being considered now. At any rate you would need to look at the allegations put forth in the 2019 case and compare them to the allegations put forth in the 2023 case.... View More
I was pulled over for window tint violation in Florida. One officer ran my licence and another observed a pot grinder through my passenger window. After asking if I had a medical marijuana license and was told yes and producing the card for his evaluation I was removed from vehicle and searched... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024
In Florida, the observation of a marijuana grinder in your vehicle by law enforcement could potentially give rise to reasonable suspicion or probable cause, especially if marijuana use is not legalized for recreational purposes. The fact that you presented a medical marijuana card could mitigate... View More
Arrested in my yard, not in a vehicle, for driving with suspended license, BUT the LEO did not see me driving, he only assumed. He didn't run my tag until he pulled in my driveway and he had to wait for 2 vehicles to pass before he could pull in my driveway. I told him he's on private... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024
Law enforcement officers have the right to enforce traffic laws anywhere the public has a right to travel- even private property in most cases. Shopping mall parking lots are privately owned, but the public can navigate them. The next issue becomes if you were in or out of the vehicle or the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024
It's important to carefully consider your options and seek legal advice from an experienced attorney familiar with both civil and criminal law. While remaining silent at a temporary injunction hearing may seem like a cautious approach, it's essential to weigh the potential consequences... View More
He convinced her to write him checks for $139,000. And he prematurely terminated an annuity costing her a minimum of $69,000 in fees, penalties & lost bonus. He lied to both of us, telling us the account had matured. He's his own employer and I can't find him listed in FINRA.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024
Given the complexity of your situation involving elder abuse and financial misconduct across state lines, you may need to take legal action in both New York, where the financial advisor works, and Florida, where your mother resides. Start by consulting with attorneys who are familiar with both... View More
In September 2023, I was arrested for possession of fentanyl and possession of drug paraphanalia and the lab determined the substance in the container found in the BACK of my truck, to be rubbing alcohol, 0% of any illegal drug. The charges were recently dropped but the arrest and charges will... View More
answered on Feb 16, 2024
Unfortunately, that is not how the law works. If you are an adult, any official evidence of the arrest must be removed by order of a court. The process requires an application to FDLE to determine eligibility to have the record expunged. I would suggest speaking to a local attorney who can discuss... View More
how long does it takes after requesting removal of mugshot in internet, it is a very terrible thing to show, this cause phycological and depression for a person
answered on Feb 15, 2024
A "mugshot" can be found in multiple locations. Some of these locations are private companies and some are law enforcement. A private company may not be obligated to honor your request for removal, although they may be willing to do so voluntarily. A law enforcement site is not obligated... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2024
In Florida, probation orders are generally considered enforceable even if they are not signed by the defendant. The signature of the defendant on probation orders primarily serves as an acknowledgment that they have been informed of the conditions of their probation. However, the legal validity and... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
