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Florida Civil Rights Questions & Answers
1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Gov & Administrative Law for Florida on
Q: disabilities act ignored in request to withdraw a document signed while intoxicate, I'm an alcoholic/have medical docum

I have been diagnosed with mental health and alcoholism, I signed and notarized a document coerced, manipulated and pressured by my wife. while I sent it to her, without my lawyers approval or review, I trusted my wife, again, I know, so she used me and manipulated me, she knows how very well.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 15, 2019

First the Good news: Everything you said about chronic alcoholics often being unable to think clearly, or understand what they are doing, or why they are doing it, or understand the effect of what they did, or understand what they should or should not be doing, etc. is 100% correct. And most books... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Someone has a federal Case open and is visiting someone else’s house can the Police pop up and search that certain house

The person got caught and has been charged for federal trafficking

Gary Kollin
Gary Kollin answered on Nov 12, 2019

It seems they did

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Securities Law for Florida on
Q: Which legal platform needs to be used : Small Claims, Civil or FINRA for this? Claim can range from $5000 to $50000

I have an account with a brokerage firm and they have wrongfully escheated and sent my money to Department of Financial Services (Escheatment) in Florida. On enquiring, I have learnt that they have failed to follow the Due-diligence as per Florida Statues 732 and 717 and have also violated 17 CFR... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2019

You cannot sue the State of Florida--or the Florida Department of Financial Services--for punitive damages under any theory of law. Sign the settlement agreement and accept the $100 Florida apparently owes you.

1 Answer | Asked in Civil Rights for Florida on
Q: "Court reserves on a Motion to Dismiss ruling". Civil case

I was sued in a Small Claim for a Breach of Contract, I filed Prose a Motion to Dismiss because I am not the real party in interest in the case; the Plaintiff failed to Joint necessary and indispensable party, and failed to state a claim as a matter of law. However, the date of the hearing the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 6, 2019

The minutes which read the "Court reserved on Defendant's motion" simply mean that the judge did not make a decision on your motion at that time. The judge probably will decide later. By invoking the Rules of Civil Procedure, the plaintiff's attorney is simply saying that this case is too... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Florida on
Q: Can a pm collect fees for applications and deny me. Then give me a stipulation for 2 co signers and d3ny them both.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Sorry for my lack of knowledge of acronyms that you must like to use--but what in the world is a "pm?"

3 Answers | Asked in Contracts, Civil Rights and Landlord - Tenant for Florida on
Q: Is it okay if a police officer records you and uses you as evidence without your knowledge?
Linda Liang
Linda Liang answered on Oct 15, 2019

No, it is not. But why is this question in Landord-Tenant session?

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: What are the laws in circumstances like this one?

Following delivery a mother and newborn are both tested and their results show the presence of an illegal substance. A mandatory report to DCF, and a safety plan is then put in place for the family and both parents are cooperative in successfully completing all requirements. In this situation, does... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

The key point of your question is the last statement: "during the investigation." The Department of Children & Families has broad legal authority to do whatever they deem necessary while conducting the kind of investigation described. While the skilled people at DCF normally do not "gossip" about... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I got a letter in the mail saying I have to attend a drug class after a police officer illegally searched me and found

Weed cartridge in my pocket, I never went to court so this is not court ordered, the letter came from the dacco drug class they want me to attend.

Gary Kollin
Gary Kollin answered on Oct 13, 2019

Who was the letter from?

It must be a secret because you didnt state it

2 Answers | Asked in Civil Rights for Florida on
Q: I am looking to sue my local sheriffs department. What type of lawyer is best for this?
Gary Kollin
Gary Kollin answered on Oct 6, 2019

personal injury lawyer

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1 Answer | Asked in Civil Rights for Florida on
Q: If u needed both incomes to get approved for house an he dies can u hold his family for his part of rent

Need info about this matter please

Charles M.  Baron
Charles M. Baron answered on Oct 1, 2019

In general, no, but you cannot get a reliable professional opinion on this with your on-line inquiry. You need to consult an attorney in person or by phone, so that an attorney can interview you in detail and review all estate planning documents (if any).

2 Answers | Asked in Civil Rights and Criminal Law for Florida on
Q: I have a probation violation in PA can I call the police in Fort Lauderdale when my husband hits me or will I go to jail

My charges were minor shoplifting harassment first transgression in my entire life I'm 39 can I get a restraining order or will they extradite me when I go to court to follow through with protection restraining order and divorce my husband is abusing me in every way I have a new baby and a 13 year... Read more »

Gary Kollin
Gary Kollin answered on Sep 14, 2019

The police will probably check you out and discover the warrant. Depending on what Pennsylvania wants, you may be extradited

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1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Florida on
Q: Good afternoon Homeowners Association retaliated after catching their HOA maintenance in my property using my water

The whole scenario changed. From sending a bill from their lawyer because of at that time I was replacing my fence and it was installed improperly and( Code Enforcement gave me 6 months to replace my fence ) This year I sent my HOA dues, only to receive back the same envelope, and my check? Sent... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 13, 2019

If you have a question to be answered, please ask it. At the same time please review what you write before you post it so that it is coherent.

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Small Claims for Florida on
Q: Can I get arrested just because someone said I stole something from them

This person accuse me of stealing something. Then they said if I paid for I can continue to live their. When I could not pay them the money they locked me out of the house and kept every possession than I own. Is this even legal and can I get arrested for something then I did not do. And how do I... Read more »

Ajay Pallegar
Ajay Pallegar answered on Sep 13, 2019

Typically there are two common ways one could be arrested. The first way is if the officer has probable cause to make an arrest. In order for the officer to have probable cause to make an arrest, the officer must have credible facts and circumstances present that would lead an ordinary prudent... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Florida on
Q: Can a cop arrest, detain, and or search me if he suspects that I have marijuana on my person without any other offense?

If I'm not driving under the influence or doing anything illegal and an officer suspects I have marijuana on my person, can they search/detain/arrest me?

Gary Kollin
Gary Kollin answered on Sep 3, 2019

yes

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I wanted to inquire wether it’s legal to have a gun in my locked car on my college campus. College policy says no.

But there were legal cases with UNF that allowed a girl to keep a secured pistol her car

https://www.reuters.com/article/us-usa-florida-guns/court-rules-florida-state-college-students-can-keep-guns-in-cars-idUSBRE9BA1AU20131211

Henry George Ferro
Henry George Ferro answered on Sep 3, 2019

There are ten states where you may maintain a firearm on a college campus, Florida is not one of them.

1 Answer | Asked in Traffic Tickets and Civil Rights for Florida on
Q: are blue park/running lights illegal?

I was pulled over by a cop who did a U-turn to get me and told his boss he pulled me over for my blue license plate lights (but gave me a warning on that) but then wrote me a ticket because he said I had flashing blue tail lights and that my blinker was blue, but when you turn on the car the lights... Read more »

Gary Kollin
Gary Kollin answered on Aug 27, 2019

https://www.extremetacticaldynamics.com/blog/can-civilians-use-police-flashing-lights-guide/

The internet is an amazing self help research tool

2 Answers | Asked in Real Estate Law, Civil Litigation and Civil Rights for Florida on
Q: Given that Florida is a fact pleading State, is it accurate to state that the Court must hear testimony from plaintiff ?

Throughout more than 3 years of litigation the Court has made Rulings and Judgments based entirely on Plaintiffs Counsel's motions and pleadings, adverse to me, the indigent pro se Defendant. I have not been HEARD, Judicial Bias, Motion for Recusal of Judge?The Plaintiff has never appeared or... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 25, 2019

No, it's not always required that the court hear testimony.

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2 Answers | Asked in Animal / Dog Law, Civil Rights, Criminal Law and Personal Injury for Florida on
Q: I let a person pet sit . They wont return my dog a police wont help me. What now

She got evicted played games bout her location. O found her police wont help. Hes no pure breed . And I have 4 yrs of pics along with papers stateing he is my emotional support dog. But police couldn't find her. 2 months have passed I've located her police still wont help me

Henry George Ferro
Henry George Ferro answered on Aug 19, 2019

If you have the location of the dog, advise the police; you may need to file a report with the police...

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2 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Florida on
Q: Please google Michael Dowd vs Palm Beach Florida et al

Pubilc Defender utters forged Probable Cause Affidavits. Palm Beach County Clerk of court removed filed p.c. affidavit and replaced with a forgery.

Henry George Ferro
Henry George Ferro answered on Aug 15, 2019

There is no question to be answered

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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Florida on
Q: can I file a lawsuit against my employer for failing to take action against an employee who threatened me?

I was openly verbally threatened with great physical harm by an employee while in the presence of management (who witnessed the threat spoken), who then claimed they were unable to take action due to the absence of physical contact....is this true? is it legally feasible to sue my employer? I... Read more »

Kevin Sanderson
Kevin Sanderson answered on Aug 5, 2019

They can take action. They can investigate, suspend, fire that person and/or make sure you aren't working together. You may be able to take action against the employer for several causes, such as negligent hire/retention of that employee. You may need to file with an administrative agency if the... Read more »

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