Lawyers, Answer Questions  & Get Points Log In
Florida Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Florida on
Q: Can a judge go and talk to the jury during deliberation without his black robe on.

I ask why is court reporter way on the other side of the room and not taking notes. To record our meeting we had in the middle of the court room, During deliberation. It was me my pd state atty an the judge. No court reporter. Before trial started my pd and me had a meeting in attys booth.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 9, 2020

Yes, the judge can talk to the jury without wearing the robe. The robe is just cosmetic.

1 Answer | Asked in Personal Injury, Civil Rights, Entertainment / Sports and Municipal Law for Florida on
Q: My son fell out of a tree and was seriously hurt at a park in Lake Worth Fl. Can the park be held accountable?

Broken L4 & L5, broken Rt Hip with surgery, shattered pelvic bone with Pelvic Ring insertion surgery

Charles M.  Baron
Charles M. Baron answered on Aug 6, 2020

So sorry to hear about your son's injuries. The local government that owns the park could be liable depending on all the facts and circumstances. The issue is, what did the park or government staff do WRONG; how is it their fault? If you are asking if they are AUTOMATICALLY liable for any... Read more »

2 Answers | Asked in Civil Rights, Election Law, Gov & Administrative Law and Public Benefits for Florida on
Q: DMV says I need a birth certificate to get photo ID, DOH says I need photo ID for birth certificate. What should I do?

My driver's license is expired. I tried renewing online and was told I needed to show a copy of my birth certificate. I do not have a "valid" copy of a birth certificate. For those who are not aware, the Florida DMV is currently in the same state of collapse as most of their other... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

Are you indicating that you have neither? How old are you?

View More Answers

2 Answers | Asked in Real Estate Law and Civil Rights for Florida on
Q: can a condo association ban a person from own unit for not wearing a mask
Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 4, 2020

It's depends on what you mean by "banning." The Condominium Act gives broad sweeping powers to the Board of Directors of a condominium association (COA) during a state of emergency. Those powers include the discretion to do what is necessary to protect the life, safety and health... Read more »

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Gov & Administrative Law for Florida on
Q: If your HOA retaliated against you, can I file a complaint in Federal Court or Civil Court?

My HOA retaliated against me after being caught using my water in my property. At the same time my fence which was being replace was installed improperly, and it was fixed, did not allow me to extend it like other neighbors. They added a lien on my property after I sent my HOA dues and refuse to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 1, 2020

It doesn't appear to involve a federal question, so no, you can't sue in federal court.

1 Answer | Asked in Civil Rights for Florida on
Q: Who is liable for witness not showing up to court if sixth amendment says I have right to confront my accuser?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 27, 2020

If the prosecution's witness doesn't show up, they can't testify against you. If the prosecution can't prove its case without the witness, move to dismiss. You must arrange to have your own witnesses subpoenaed.

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Government Contracts and Small Claims for Florida on
Q: If you leave your property on city property does it become owned by the city?

Volunteers/nonprofit leaving goods overnight.

City then uses such goods, and claims such property is owned by them.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 21, 2020

If it's abandoned, and whether that is the case depends on all of the circumstance, it can be taken by anyone.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: How can someone that has been in prison for 46 years, get a fair chance to appeal? He's not guilty, need help please.

He had witnesses that testified and gave description that did not match him. He was young and black and lived in the area. He was sentenced to death but given Clemency by Gov. Bob Graham because they felt he was innocent. But still he can't get any help to help him to have his case looked at... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 19, 2020

My guess, without seeing his appeals or the orders denying them, is that it was too late to file the appeals. To be certain, you would need an attorney to review them. I suggest that he contact the Innocence Project of Florida - see https://www.floridainnocence.org/ They investigate these kinds... Read more »

1 Answer | Asked in Real Estate Law and Civil Rights for Florida on
Q: How can I refuse landlord to show rental while we still live in it due to covid and currently 6 months pregnant?

We gave 60 day notice per contract to move out at end of lease. I offered to do virtual showings, take pics, but landlord keeps sticking with "legally I can and will show it, just have to give 24 notice". I'm 6 months pregnant and have been working and staying home since March due to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 18, 2020

Not much. The landlord is basically correct.

1 Answer | Asked in Civil Rights for Florida on
Q: Work email requiring anyone who is going to be tested for COVID-19 to notify their supervisor FIRST. Legally require?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 17, 2020

You are asking if your employer can require you to give them notification before you get tested? Probably not, if you do it on you own time and at your own expense. But in any event the only way, that I can think of that your employer would know you are got tested would be if you told them... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: I was cleaning my house and the landlord had a tenant cutting the grass and my back window was busted out
Charles M.  Baron
Charles M. Baron answered on Jul 15, 2020

You didn't ask a question, nor did you state how the window was busted. If you want to know if you can make a claim against the landlord and/or the tenant, I suggest you re-post with that question and with details.

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: How does corpus elicit apply when filing a civil suit.
Charles M.  Baron
Charles M. Baron answered on Jul 9, 2020

There exists no phrase "corpus elicit" in the law, and probably nowhere else. Do you mean "corpus delecti"?

If so, that means "body of the crime" and means the evidence sufficient to prove a crime occurred. It would be unusual to use that phrase in a civil...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: An officer stops me while in pursuit of another suspect later saying just to see how I'd act.... Is there probable cause

The officer was in pursuit of a 18 year old 4 foot tall black male.... I'm 6 foot 3 white and 37.... The officer said he stopped me because I looked suspicious . But I was walking to the store a block over for a drink at 3 in the afternoon I don't understand how he can harrass me then... Read more »

Jonathan Blecher
Jonathan Blecher answered on Jul 8, 2020

We really can’t offer the kind of advice you need, since we don’t have access to any evidence or investigation. I suggest that either you push your PD to put forth a defense or a fair negotiation, or retain a private attorney. Good luck.

1 Answer | Asked in Civil Rights for Florida on
Q: How to go about getting civil rights reinstated in Florida when the conviction is from another state
Charles M.  Baron
Charles M. Baron answered on Jul 1, 2020

Contact the Fla. Office of Executive Clemency - see https://www.fcor.state.fl.us/clemencyOverview.shtml

Staff can answer your questions.

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Florida on
Q: Pregnant minor

What can you legally do when a 17 year old teen gets pregnant and runs away to boyfriends house?

Charles M.  Baron
Charles M. Baron answered on Jun 27, 2020

Are you referring to your daughter, who is unmarried and has run away to stay at another home for more than 24 hours? If so, you may call the police, as the parties sheltering your daughter without your consent are breaking the law (Fla. Statutes Section 985.731), and/or you may call the following... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: So my 17 year old sister got pregnant and she ran away to her boyfriends house.

She told my parents now that she is pregnant she is emancipated. They told her she needs to go to court first to get emancipated but she refused and left. Is that true we live in Florida. Do my parents need to file a runaway child case with the police. Will they get in trouble if she misses... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 27, 2020

No, she is not emancipated simply because she is pregnant. See

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0743/0743ContentsIndex.html&StatuteYear=2019&Title=%2D%3E2019%2D%3EChapter%20743

Your parents certainly may advise the...
Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Juvenile Law for Florida on
Q: Can i leave my home when i turn 18 even if im still in school?

Im 17 and i will still be in school with a few months left when i turn 18 before i graduate. However i don't wish to continue living under the oppression environment in my home and running away didn't work even though i was 17 with 6 months left before being the age of majority and i was... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 16, 2020

Although I strongly advise you not to do it, Florida law will not prevent you from leaving home AFTER you turn 18 years old. Warning: that does not mean 17 years, 11 months; it means 18. (Being in school has nothing to do with it.)

1 Answer | Asked in Civil Litigation, Civil Rights, Intellectual Property and Landlord - Tenant for Florida on
Q: Ex friend threatening to sue for harassment, emotional distress and asked court to return belongings

An old friend of mine was staying at my apartment for about half a month. She never paid rent nor got mail at my establishment. She left belongings here after willingly leaving my home. I have not heard from her in two months. She comes to my door two months later banging and screaming threatening... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

If you have any property that you know belongs to some other person the wise thing for you to do is to return the property to the owner. If you don't the owner can sue you under Florida's bailment statutes. They could also file a complaint with the local police department alleging that... Read more »

2 Answers | Asked in Personal Injury, Civil Rights, Constitutional Law and Federal Crimes for Florida on
Q: if protesters are blocking a road or highway

do i have all legal rights to drive "slow" through them AFTER giving them ample warnings and time to move. Now lets say i do drive and these people turn violent. do i just "floor" it and plow through them? Central Fl.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2020

Go around. If, hypothetically, the "turn violent", what you might do would depend on the circumstances. But the best advice would be for you to avoid the situation.

View More Answers

1 Answer | Asked in Civil Rights and Copyright for Florida on
Q: I live in Orlando and want to take pictures of abandoned buildings that look cool and a Waffle House, is that illegal?

The Waffle House I want to take pictures of is not abandoned, but I still think it looks cool. Taking pictures of said building might require getting really close to the buildings.

Charles M.  Baron
Charles M. Baron answered on Jun 2, 2020

You left out the only important fact regarding taking of photos - what you plan to do with them. I suggest you re-phrase and re-post to clarify.

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.