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Florida Civil Rights Questions & Answers
2 Answers | Asked in Civil Rights, Civil Litigation, Wrongful Death and Personal Injury for Florida on
Q: Seeking legal advice for son's death in house fire, concerns about police and fire department negligence in Florida.

My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

James Clifton
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James Clifton
answered on Mar 26, 2025

It will be difficult to win a case against the police or fire department. However, there are other parties whose negligence may have caused the house fire. If proven, you could recover damages for the death of your son. In the past, we have seen electricians, builders/contractors, landlords, and... View More

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2 Answers | Asked in Civil Rights, Civil Litigation, Wrongful Death and Personal Injury for Florida on
Q: Seeking legal advice for son's death in house fire, concerns about police and fire department negligence in Florida.

My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 26, 2025

Your only option if you want ANY chance of prevailing at all is to retain a personal injury law firm, and you can look state-wide. Taking on something like this is very complex and would be extremely difficult for you to undertake on your own. Not only would there have to be an investigation of... View More

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2 Answers | Asked in Real Estate Law and Civil Rights for Florida on
Q: Flag display limits on residential property in Florida HOA

I live in a residential property with an HOA in Florida. Currently, I display a service flag off my porch and have a 20-foot freestanding flagpole in my front yard with a 4' x 6' American flag and a 2' x 3' POW-MIA flag. The HOA property manager is telling me that I cannot have... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 18, 2025

Florida Statute Section 720.304(2)(a) allows you to fly up to two (2) flags that are no larger than 4.5' x 6'. They can be a US flag, Florida flag, POW-MIA flag, first responder flag, or any US military flag. The 20' flagpole is the maximum height allowed. This has been a Florida... View More

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4 Answers | Asked in Criminal Law, Libel & Slander and Civil Rights for Florida on
Q: Can media coverage of a court miscommunication affect my trial and public defender's reputation?

I am facing a possession charge and have a trial scheduled for next month. My public defender told me I could leave the courtroom, which led to a warrant for failure to appear, even though I was present. This was resolved with the judge, who lifted the warrant after we explained the... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 17, 2025

Sorry to hear about this incident that is worrying you. First, you currently have a lawyer - your APD (Asst. Public Defender), with whom you should discuss these concerns. That discussion might alleviate your concerns. If you have doubts about your lawyer's competence and/or veracity, you... View More

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4 Answers | Asked in Criminal Law, Libel & Slander and Civil Rights for Florida on
Q: Can media coverage of a court miscommunication affect my trial and public defender's reputation?

I am facing a possession charge and have a trial scheduled for next month. My public defender told me I could leave the courtroom, which led to a warrant for failure to appear, even though I was present. This was resolved with the judge, who lifted the warrant after we explained the... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 17, 2025

Sorry, had typo in my previously-posted answer: Second line from bottom "ability to remove one for cause...." should read "ability to remove any for cause...."

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1 Answer | Asked in Civil Rights and Family Law for Florida on
Q: Can parents take my phone at 18 if I don't pay for it?

Can my parents legally take my phone if I am 18 years old, even though I don't pay for it? I currently live with them, they are my legal guardians, and there are no specific house rules or agreements about phone use.

Charles M.  Baron
Charles M. Baron
answered on Mar 15, 2025

Not sure if you are saying that your parents have been APPOINTED BY THE COURT to be your legal guardians while you are an adult, or instead are using that phrase loosely, with them not actually being appointed. If appointed by the Court, they likely have the right to control your possessions as if... View More

2 Answers | Asked in Civil Rights and Family Law for Florida on
Q: Is it legal for my family to force me to get a birth control implant when I'm 18 or else I'll be put out on the street?

I am 18 years old and currently live with my grandmother and dad. They discovered that I have been seeing someone and are now forcing me to get a birth control implant; otherwise, they will make me move out. I found some organizations under the Project Heart Foundation, but I currently have no way... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 13, 2025

No, your family cannot force you to use birth control devices. You are of age and so they can't require it. If they require you to move out, they can do so. You can demand that your grandmother return your phone to you.

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2 Answers | Asked in Civil Litigation and Civil Rights for Florida on
Q: Is Florida statute of limitations affecting my class action payment correct?

I am part of the Boy Scouts of America class action sexual abuse case and categorized under Tier 2. Despite this, I am being told that I will receive a lower payment due to the statute of limitations in Florida, where the abuse occurred 30 years ago when I was under 13. From my research, it seems... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 10, 2025

Sorry to hear about your ordeal. Unfortunately, you will likely not be able to obtain legal advice on the statute of limitations applicable to your particular situation by making online inquiries. Rather, you must have direct communication with a lawyer, who would have to discuss and review your... View More

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3 Answers | Asked in Civil Rights and Criminal Law for Florida on
Q: Can police search my car after I consented due to feeling antagonized?

I had just rented a room when police officers responded to a disturbance call, stating it was at 17:45, though body cam footage shows they arrived at 18:35. The officers immediately wanted to search for drugs, mentioning we were across from a known drug motel. Several officers were present, and... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 9, 2025

That would depend on what you mean by whatever actions made you feel "antagonized". The issue is whether there was voluntary consent. Coercion, threats, etc. may render a "yes" to be involuntary. To get advice, you must consult a lawyer to go over the incident in detail. I... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Criminal Law for Florida on
Q: Steps to address false claims in stalking injunction case in FL?

In a stalking injunction case in Lake County, Florida, my fingerprints were taken in court without my public defender present, which I believe was not legal. The judge later ordered these fingerprints to be destroyed. The plaintiff, who has been harassing us to move, provided false information,... View More

Michael Rubin
Michael Rubin
answered on Mar 2, 2025

Since the prints were destroyed, you suffered no injuries

Public Defenders work hard for their money, are often overwhelmed, and rarely deserve the negative treatment they receive. Do you have evidence this was deliberately done, as opposed to a mistake?

People often make good faith...
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1 Answer | Asked in Civil Litigation, Contracts and Civil Rights for Florida on
Q: Plaintiff submitted confidential documents; filed counter-suit in Florida

I'm involved in a legal case in Florida where the plaintiff has submitted confidential emails, which were explicitly marked as such, and personal text messages to the court docket. We believe this action might be illegal. We have also filed a counter-suit against them for violation of privacy... View More

Michael Daniel McGrath
Michael Daniel McGrath
answered on Feb 25, 2025

In Florida, it is not necessarily illegal for the plaintiff to submit confidential emails and personal text messages to the court docket. However, there are specific rules and procedures that must be followed to protect such confidential information. The right to privacy is independently and... View More

1 Answer | Asked in Civil Rights, Personal Injury and Civil Litigation for Florida on
Q: Were my rights violated during an incident after my fiancé's accident in Florida?

My fiancé fell off a golf cart driven by his friend and was knocked out. I was present and answered all questions from the paramedics. When he was loaded into the ambulance, I was not allowed to accompany him. Unfortunately, he coded, and I never saw him again. While at the scene, officers... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 20, 2025

Sorry to hear about your ordeal. The police would need either "probable cause" or "reasonable suspicion" to justify the initial detention and would need probable cause to justify arrest/jailing. If not, your rights were violated, and you'd have a potential claim for money... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Should my son speak to detectives about car break-ins in our neighborhood?

My 18-year-old son was out late at night in our neighborhood looking for scrap metal when a police officer pulled him over, mentioning recent car break-ins and thefts. The police searched his car and found nothing. Now, a detective wants to come with a partner to our house to ask him if he saw... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 19, 2025

If I were your son, I'd tell the detectives that I'd be happy to speak to them if they first put in writing that I'm not suspected of any crime, with the writing signed and dated by the detective. If they would refuse to do that, I would then say that I am not going to speak to... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Florida on
Q: Is a verbal command from police legally enforceable without paperwork after a raid in Florida?

After living in my home for 10 years, the police conducted a raid, found nothing against us, and we were not arrested. We were verbally commanded not to return to the house or face arrest, but no legal paperwork was shown at the time. There has been no follow-up communication from law enforcement... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 17, 2025

That's a very strange story. So zero reason was given, not even verbally? In any event, anything like that must be in police report(s), and if it isn't, someone's pulling your leg. Whether you need counsel depends on whether you can solve it yourself by walking into the police... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Florida on
Q: How to address fabricated evidence in my son's 2015 case in FL?

I discovered a few months ago that an investigator fabricated audio recordings used against my son, who was sentenced to 18 years in West Palm Beach in 2015. These false evidence findings are now part of the public record. Despite hiring several lawyers over the years, it was only recently revealed... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Feb 16, 2025

The usual method is a motion for post conviction relief under Rule 3.850. Normally, there is a time limit of 2 years from the date your son's case. That time limit does not apply when there is newly discovered evidence which could not have been discovered earlier through the exercise of due... View More

1 Answer | Asked in Tax Law, Legal Malpractice, Civil Litigation and Civil Rights for Florida on
Q: What can I do if my tax preparer didn't file my taxes and won't provide documents?

I hired someone to file my 2022 taxes and review prior years (2017-2021) for accuracy. My family and I paid her over $6,000. She failed to file my parents' 2022 taxes resulting in penalties and fees and refuses to provide documentation or refunds. I have text messages as proof of my requests,... View More

William T. Harmon
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William T. Harmon pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2025

Any documents you provide to tax preparers, you are entitled to have back. You can also refer this person to the office of professional responsibility, which could result in some disciplinary action. If the individual is a CPA from GA, you can contact the board of accountancy there to file a... View More

3 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Florida on
Q: Does anyone take circuit civil cases probono i need help in st johns

Can provide case information if you can help

Charles M.  Baron
Charles M. Baron
answered on Jan 21, 2025

Your first attempt to see if you can receive pro bono legal assistance is to find and contact your local office providing legal services to indigents. It may be called either Legal Services or Legal Aid, depending on what's in your area. If no luck there, try the local bar association for... View More

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2 Answers | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Florida on
Q: HOA Florida statute 720.3035 1. updated on July 1st, 2024 "limits or places requirements on the interior of a structu

Florida statute 720.3035 "1. limits or places requirements on the interior of a structure that is not visible from the parcel’s frontage or an adjacent parcel, an adjacent common area, or a community golf course." went into effect on July 1st, 2024. Does this mean HOAs can no longer... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 18, 2025

The statute that was in effect at the time your restrictive covenants were recorded is controlling. New statutes generally do not apply retroactively.

You should consult with a community association lawyer to review your HOA documents (all of them) and the law that existed at that time...
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2 Answers | Asked in Civil Rights, Family Law and Foreclosure for Florida on
Q: If your attorney through civil matters has now stepped down because of an alleged embezzlement. What is the client right

This could become federal but the civil filing continues to know I have no attorney because of the facts above

Charles M.  Baron
Charles M. Baron
answered on Jan 17, 2025

Sorry to hear you are going through that ordeal. Your inquiry is vague as to whether you or someone else is the embezzlement victim, but I'm guessing from your wording that your lawyer had to withdraw from your case because he/she has been charged with a crime against someone else, and the... View More

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3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Police lie about having a warrant

OK so the detective accessed my cousins phone and found incriminating evidence. The forensic unit ''cracked'' the phone then the detective got a search warrant 4 months later(her words in the depo). But when the detective wrote the complaint affidavit for the new charges she... View More

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Jan 16, 2025

What you've described could support post conviction relief (PCR). It could be important whether your cousin was tricked into "consenting" to a phone search. The State would argue that no search warrant is needed for a consensual search. It might be significant how long ago these... View More

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