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Florida Civil Rights Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for Florida on
Q: Can I place a recording device on my child if I suspect their teacher is verbally abusive
Charles M.  Baron
Charles M. Baron
answered on Sep 25, 2023

Not without consent of the teacher, unless it's part of a law enforcement operation. With some narrow exceptions, it's a crime in Fla. to audio record someone without their consent. Of course, if you wish, you can record your minor child talking to you privately about the issue, so that... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Personal Injury for Florida on
Q: What is the civil statute of limitations for the victim of attempted murder in Florida?

I was the victim of a stabbing about 20 years ago. It still mentally affects me to this day. It has also affected where I would be financially, my work progress and status, and my overall quality of life. The perpetrator was caught quickly since I knew him and was placed in a mental facility for... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 21, 2023

Sorry to hear about your ordeal. I can tell you generally what the limitations period would be in a situation like this, but any question on the limitations period for an incident causing damage to you is a question asking for specific legal advice to rely on - which cannot be answered in this... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Legal Malpractice for Florida on
Q: Can a magistrate find me guilty for failure to obey traffic control device if it was on private property?

The sign was not removed when originally installed upon construction in of previous business in 2015 which was later demolished and property sold. There were no agreements established as per Florida Statutes, and they are neither regulated nor maintained by neither the City , nor the FDOT. Sign is... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

Sorry to hear about your ordeal. You are basically asking if the traffic magistrate can convict someone who shouldn't be found guilty. That's the same as asking if the magistrate has the power to make an incorrect decision. The answer, unfortunately, is yes, and the magistrate is... View More

1 Answer | Asked in Medical Malpractice and Civil Rights for Florida on
Q: Can a lawyer take my case on contingency for medical malpractice/civil rights violation?

I had a miscarriage, I believe it had been too early to tell but my boyfriend states that the hospital told him that I had a dilation and curettage. In the hospital records, it doesn't mention this and I got an infection after not being explained the proper remedies of how to heal after the... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Yes, there is no prohibition in Florida preventing an attorney from taking either a medical malpractice case or a civil rights case on a contingency fee.

You may be confused by a different cause of action under Florida's statute for compensation to wrongfully convicted individuals...
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1 Answer | Asked in Civil Rights for Florida on
Q: Can a 3 year old child be kicked out of a preschool not being fully potty trained but having a doctors note.
T. Augustus Claus
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answered on Aug 18, 2023

In Florida, preschools have varying policies regarding potty training requirements. While a doctor's note indicating a medical reason for delayed potty training could influence the decision, the preschool's specific policies and accommodations play a role. The Americans with Disabilities... View More

1 Answer | Asked in Civil Rights and Education Law for Florida on
Q: how do i go about discrimination against a disabled 6 year old with alot of possibilities..

going on year number two of education denial due to medical issues i need help this is wrong.not fair to my baby . she deserves an education like other children

Todd B. Kotler
Todd B. Kotler
answered on Aug 16, 2023

Look for a an attorney near you who is a member of The Council of Parent Attorneys and Advocates, Inc. (COPAA). Their members work to protect the legal and civil rights of and secure excellence in education on behalf of tens of thousands of students with disabilities and their families. Without... View More

1 Answer | Asked in Civil Rights, Medical Malpractice and Personal Injury for Florida on
Q: What is the likelihood I would win a medical malpratice /police brutality case?

I had a miscarriage, I believe it had been too early to tell but my boyfriend states that the hospital told him that I had a dilation and curettage. In the hospital records, it doesn't mention this and I got an infection after not being explained the proper remedies of how to heal after the... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2023

Sorry to hear about your horrible ordeal. You cannot obtain an online answer to the question, "How likely am I to win?", for this potential case or any other. You need to schedule a consultation with an attorney to review the facts and relevant documents. Also, there are relatively few... View More

1 Answer | Asked in Family Law and Civil Rights for Florida on
Q: If you were given a phone as a gift before 18 that your mom pays does she have the right to take it now that you're 18.

Me and my mom got into a fight which she started and proceeded to beat on me. I did swing back to get her to leave me alone. She was upset because I was sharing my feelings with my aunt that had nothing to do with her. I was talking to her about my feelings when my mom came up there yelling at me... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 9, 2023

No one has the right to renege on a gift, but if the phone service is not in your name, and the phone was provided from the service, your mother might be able to get away with claiming the phone belongs to her. You seem to have much bigger problems in your household than the wrongful taking of... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Florida on
Q: Can further actions be taken by the court if I don’t pay the plaintiff since I cannot afford it I’m retired make $1100 a

I was sued without my civil rights

Charles M.  Baron
Charles M. Baron
answered on Aug 8, 2023

Yes, the judgment holder may attempt to garnish your account(s) and can initiate that process without notice to you, but you'd eventually be notified to give you the opportunity to file a claimed exemption from garnishment if you happen to qualify for an exemption. You need to schedule a... View More

1 Answer | Asked in Civil Rights for Florida on
Q: I will be violated due to the unprofessional,unorganized , neglectful court ordered, program I attended. Can I sue them?

I attend this program, did all that was ask and was told that I would get my completion certificate next week at individual sessions and to bring what assignment n meeting I had when I go to my last appointment I'm informed my. Counselor no longer works there and come back next week and... View More

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

You did not indicate what particular program you are in, but it sounds like a pre-trial intervention program you were required to complete in order to have your charge(s) dropped. If you don't receive the certificate, you'll need to confirm in writing what has transpired with the... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Fla. judge fails to deny motion to disqualify within 30 day deadline, Fla. R. Jud. Admin. 2.330(l) and refuses to recuse

Judge acting with total absence of all jurisdiction. violation of civil right of procedural due process of law, access to the court and self-representation. Illegally ruled me a vexatious litigant to prevent me from defending my case.

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

This is a question and answer forum forum, and you have no question here. If your question would be, "What litigation steps should I take in my case now?", that type of question, which would seek specific legal advice about your ongoing litigation, can be answered only by scheduling a... View More

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Civil Rights and Small Claims for Florida on
Q: Can a judge refuse to see documents that shows evidence and causes of actions that where authorized by JSO

Being sued for property damages that where authorized y Sheriffs office in Jacksonille Fl.Judge did not allow me to defend myself or show documentations that showed the reason of my actions....its was put boots on truck while was asleep

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

In order to receive advice on whether the judge acted properly or improperly in your case, as well as what can be done if the he/she acted improperly, you need to schedule a consultation with an attorney. Whether a judge can refuse to review items of evidence depends on various factors, including... View More

3 Answers | Asked in Civil Litigation, Civil Rights, Health Care Law and Juvenile Law for Florida on
Q: Good morning, My (12 year old) daughter is a type 1 diabetic, and she was denied her accommodations at a Summer camp in

My daughter is type 1 diabetic, and she was denied her accommodations at a summer camp in Florida in which she was enrolled and we have been paying for more than 1 year to save her place, on June 15, 2023 I filled out all the forms required by the camp with all her necessary accommodations,... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 27, 2023

The camp may or may not be in violation of the Americans with Disabilities Act, depending on various factors. This publication by the American Diabetes Association is helpful: https://diabetes.org/sites/default/files/2021-06/Camp_2021_Fact%20Sheetsnewbranding.pdf

As explained there, the...
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2 Answers | Asked in Personal Injury and Civil Rights for Florida on
Q: Can you help an inmate in Fl. who was attacked and his eyes seriously injured?

He was attacked while in prison and needed help but he was left in a cell for 3 days before getting taken to a hospital, so lost sight in one eye and other one injured. He has no money or resources and no family. If it matters, he is listed as white, but nearly half Cherokee. His crimes were... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 27, 2023

The US Supreme Court has held that a plaintiff has to prove that the prison acted with deliberate indifference in delaying medical treatment and that that delay caused the medical injury that would not have occurred in the absence of the delay. Did your friend actually lose his eyesight 100%?... View More

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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: My neighbor's video camera is pointed at my driveway/front lawn. It's recording my children on my property. Legal?

Everytime someone walks on my driveway or my lawn, the camera announces "smile, you're being recorded." I live in Pasco County, Florida. Is this legal?

Charles M.  Baron
Charles M. Baron
answered on Jul 24, 2023

It may or may not be legal, depending on the apparent purpose of the camera, and depending on if it's only video or also audio. Generally, no audio recording is lawful without the consent of the person being recorded - and it's a crime to violate that law. If it's video only, and... View More

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

2 Answers | Asked in Family Law and Civil Rights for Florida on
Q: I'd like to add family members using legal instruments. For instance, I would like to add step-cousins without marriage.

Is it possible to 'assemble' a legal family that is not blood related? For instance, I'm alone and would like to add 2 cute step-cousins (one Asian and the other South American) and a step-sister without marriage. Is this possible now or is it something that has not been legalized?... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 19, 2023

Possible options include adoption, guardianship, and marriage. There is no such thing as legally turning someone into your sibling or cousin (at least in Fla.). If you are concerned about inheritance, there are various legal instruments available, with no need to legally make the beneficiaries... View More

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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

1 Answer | Asked in Tax Law, Civil Litigation, Civil Rights and Libel & Slander for Florida on
Q: My younger sister has been persistently harassing me for years. She is now threatening to go to tax authorities

Including the IRS. As I pay enormous taxes and she knows this, she is just trying to cause stress and problems. She also interweaves the fact that I’m a Gay man and makes many horrible inferences… there’s a hundred vile messages from her. What can I do. She’s very wealthy and run a large rock show!

Charles M.  Baron
Charles M. Baron
answered on Jul 9, 2023

Your first step is to send her a written demand to cease and desist from all such harassing conduct, describing with some specificity the types of actions that must stop immediately, and stating that otherwise, you will be forced to take legal action. (You can also demand that she cease... View More

2 Answers | Asked in Civil Litigation and Civil Rights for Florida on
Q: What is a writ of mandamus? Is it used to force the court to acknowledge fraud or constitutional rights violations?

Let’s say a legal dictatorship is occurring. Many people are experience the same thing. I want to force the court to acknowledge their abuse, prejudice, and criminal activities. Within their abuse, they violated my constitutional rights and prejudiced against me criminally. My time limits for a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 9, 2023

Or to require a government official to do, or not do, something according to the mandate of the law (hence the same root word). "From Latin mandāmus (“we command”)." https://en.wiktionary.org/wiki/mandamus

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