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Florida Civil Rights Questions & Answers
1 Answer | Asked in Employment Law and Civil Rights for Florida on
Q: Can I get some advice about workplace retaliation?

My manager wrote a counseling statement on me shortly after I accused him of singling me out due to my age.

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on May 9, 2021

Both federal and state law prohibit an employer from retaliating against an employee for objecting to unlawful age discrimination. There a number of factual issues that would need to be addressed before anyone could provide "advice" on this matter.

1 Answer | Asked in Divorce, Family Law and Civil Rights for Florida on
Q: I am paralyzed, I have MS

I am paralyzed, I have MS

I am indigent, as the judge said, Ms Ford makes nine times as much as I do, and she can afford private counsel.

I have advocated my position on previous counsels failure to file the mandatory disclosure upon filing in accordance with the rules for months.... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

Hi, it is not clear what your question is. However, you may want to see if you can obtain the assistance of an attorney from a local Legal Aid society in your county. Alternatively, contact your local bar association to see if there are any pro bono attorneys. Additionally, your local courthouse... Read more »

1 Answer | Asked in Admiralty / Maritime, Business Law, Civil Rights and Collections for Florida on
Q: Can I chain a customers boat to the dock for non payment?

I own a commercial diving business that does underwater hull cleaning and yacht maintenance. I had a customer bring his boat to the marina where I am currently staying on my own boat. After I took care of his boat he didn't show up to pay me or get his boat at the time we agreed. Rather than... Read more »

Tim Akpinar
Tim Akpinar answered on May 3, 2021

Only a Florida attorney could advise you on your specific question. But you posted under Admiralty/Maritime Law, and under U.S. maritime law, a remedy that is sometimes applied in settings where vessel interests owe money is a maritime lien. This comes up in ship mortgages, vessel collisions, crew... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: If you beat a case but did year or more in process of beating the case, can you sue from time taking away from you?

If you don’t have a valid identification card what rights do you have as a inmate and a non inmate

Charles M.  Baron
Charles M. Baron answered on Apr 28, 2021

I can answer your first question, but your second question makes no sense. If you "beat" a criminal charge due to acquittal, dismissal by the Court, or the prosecution dropping the charge, and without a plea bargain, you may have potential claims for money damages for false arrest/false... Read more »

1 Answer | Asked in Family Law, Civil Rights and Elder Law for Florida on
Q: My mom's legal rights to her half of the profit from their home he refuses to let her have her half of the $$

My step dad does not like my mom's family and he refuses to let my mom do what she wants with her half of the profit from selling their home..what's her legal rights to her half of the profit.

Nicole Vette
Nicole Vette answered on Apr 25, 2021

Is they are divorcing then she would likely get half the proceeds. If there is not a divorce then the proceeds will be wired to a joint account or an account the parties designate. Thereafter, there would be no rules on how the money is spent because the courts are not involved. Your mother would... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Looking for Fl legal definition of loiter & prowl, most arrests by far do not meet common definition for either word

I see many 843.03 arrests and read the reports, while few seem to meet the general definition, most by far do not meet the definitions found for either word, so what is and where is it written the FL legal definition of loiter and prowl, surely this is not a statute of undefined words intended to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 23, 2021

You have referred to the wrong statute. Florida Statute 856.021 Loitering or prowling; penalty.—reads as follows:

"1) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a...
Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Florida on
Q: Are there any legal remedies for a withheld judgement to be dismissed before it's time lapse?

A loved one received a withheld judgement for a misdemeanor for something that they didn't do. The accusing party filed a lawsuit the same day of the hearing. A couple of months in and during the discovery process, exculpatory evidence was provided that had been withheld from the criminal... Read more »

Henry George Ferro
Henry George Ferro answered on Apr 19, 2021

You typically must file your motion to vacate on newly discovered evidence within two years of the termination of the original case. Contact a lawyer ASAP...

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: How can I sue a nightclub that has been causing loud noise from bass every night? Police have done nothing, no peace.

Police have been called for the past year along with code enforcement. They have been fined, have attracted 2 documented gunfire incidents. Loud noise from their bass, public fights after club closes. Police have done nothing to shut them down. I no longer have peace, I have lost my job because I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 16, 2021

You might be able to sue them civilly to abate the public nuisance.

1 Answer | Asked in Civil Rights for Florida on
Q: I was told I have a case against Lee county sheriff's department how do I find pro bono lawyer or can get paid after win
Charles M.  Baron
Charles M. Baron answered on Apr 16, 2021

The ACLU takes a very limited number of police misconduct cases, without charging the client. Otherwise, seek a consultation with any attorney handling police misconduct cases. Depending on the facts, you might have the type of case that an attorney can handle on a contingency fee basis (meaning... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: hello, are there any florida cases granting 2nd amendment rights to a felon?
Jonathan Blecher
Jonathan Blecher answered on Apr 12, 2021

There are some constitutional rights that are forfeited upon a felony conviction: voting and firearm possession come to mind as the rights most often of concern. Many people seem more concerned with having guns and ammo than participating in the democratic process of elections. Amendment 4, passed... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for Florida on
Q: I have a car that my friend had used her driver license in North Carolina to get me a car I just put the money up front.

She’s being nasty and wants the car back. I moved too Florida with family and I don’t have a way to get back down here if I go up there and the car is titled and registered too her and she just won’t come and get her car so if I hypothetically got towed for parking could it or she come after... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

Sounds like you trusted the wrong person. The car is legally hers. If it was purchased in North Carolina, and you then drove it to Fla., you are at risk of her reporting it stolen, and you getting arrested for theft. You should immediately confirm with her, IN WRITING, the "deal" you... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: HOA giving me a hard time. I am asking for permission for a camera and they refuse to answer me. Are there court orders?

I have received violations for cars being parked on the side of the road and not in a drive way. Cars that’s aren’t mine. I keep receiving violations for things my neighbors do and when my lease renewal was up, the HOA tried to deny me and my children to continue to live there do to “too many... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

The HOA rules either allow cameras, or they don't - or say nothing at all about cameras. Get a copy of the rules and regs, as well as their by-laws. If they allow cameras, or say nothing at all about cameras, why would you ask permission? If they don't allow cameras, you legally... Read more »

2 Answers | Asked in Child Custody, Child Support, Civil Litigation and Civil Rights for Florida on
Q: Hello I'm froilan i just became a dad april 2,2021 The question is: my wife is inside a rehab with my newborn. Now

She's a newb mother she barely know about been a mon and she's scared because she has noone to help her in there or to show her few tricks for the baby not to cry. She's scared because sometimes the baby cry's and she does everything that was teached to her but he doesn't... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2021

Speak to an attorney who practices family law about seeking a court-ordered parenting plan.

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1 Answer | Asked in Banking and Civil Rights for Florida on
Q: the teller deposited my stimulus check without my autorization on purpose, when I said I wanted it to cash out

so I went to the bank in the drive thru then the teller deposited my stimulus check without my autorization on purpose, when I said I wanted it to cash out . she did it because apparently my account had a pending overdrawn for $259 and at that moment I didn't know, so I said I want my check to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 6, 2021

Sorry, your bank did nothing wrong here.

Your "right" to spend your money in the manner that you want to does NOT change the bank's right to grab any of your money flowing into the bank or into any of your accounts at the bank.

Explanation: It is called the...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I was released from Florida's doc on 6/2/2019 and anyone released from Florida's doc qualifies for the prr act

for 3 years upon release if I was to commit a crime that is on Florida's prr act in South Carolina within 3 years could South Carolina use Florida's prr act to sentence me to more time

Tom Murphy
Tom Murphy answered on Apr 3, 2021

Well, if you have not done so already, do NOT commit any new crimes. That said, Florida's PRR statute will not cause you to serve more time in South Carolina for a crime committed in South Carolina. However, South Carolina may have a statute that will enhance a crime committed there based on... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: Can a coach in rec baseball not play a kid because his dad doesn't want to coach? Can they legally make my son ride benc

My son play for a aa major rec baseball team in margate fl and been with the league for about 4 years now! He recently started playing for team Elite, the first game was a disaster due to the other team scoring alot! My son sat bench that first game and I had a talk with the coach asking him why my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2021

A sports league such as this is for entertainment of the players and their parents. Courts will not intervene in decisions such as this on the part of coaches and other volunteers. If you don't like it, find another team or league for your son to play with.

3 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Is it right for cops do a field test on a traffic stop if he isn't at least in front of you?

Got pulled was searched me and my ole man hunt old bottles well we found one old and it was an old medicine bottle. They found it went to there truck out of sight from us and field tested it. Said it was positive for meth. We really don't know if it was or not we weren't able to observe.... Read more »

Henry George Ferro
Henry George Ferro answered on Mar 30, 2021

First thing, hire a competent criminal defense lawyer. You have some legitimate issues to examine...more directly to your question: the testing of the bottle does not have to be done in your presence.

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2 Answers | Asked in Civil Rights for Florida on
Q: I'm a convicted felon in alabama but I got a letter stating I have been summonds for jury duty
Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 22, 2021

Florida Statute 40.013 (1) provides as follows:

"No person who ... has been convicted in this state, ... or any other state,... of ... any ... offense ... which if it had been committed in this state would be a felony, unless restored to civil rights, shall be qualified to serve as a...
Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: To Privacy/ Civil Rights if your a victim of media/ social violations w/out consent. How to find who's accountable?
Tim Akpinar
Tim Akpinar answered on Mar 13, 2021

A Florida attorney could advise best, but your question remains open for a week. If you are talking about violations in terms of false and harmful things written about you, that falls under defamation law. There is a category for that here under Libel & Slander. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights, Criminal Law, Animal / Dog Law and Federal Crimes for Florida on
Q: My friend owns a non-profit sancturary and some of her cats where stolen. The police are saying it is a civil matter.

What can she do to try and recover them? They know who did but dont know what she did with them. They maybe on some property the person owns but how would you go about legally checking the premises for them? They have asked around and none of the animal rescues or animal control have seen them and... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 9, 2021

Not sure if you're getting the whole story. When the police say it's only a civil matter, it's usually because there's an ownership dispute between the person missing the property and the person who took the property. Another possibility, I suppose, is the other person just... Read more »

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