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Florida Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I was let go on self-defense how long does the police have to make a decision on if I’m going to be charged or not?

I was never arrested, I was taken in for questioning and was let go the same night. I didn’t have to bail out.

Jonathan Blecher
Jonathan Blecher
answered on Jan 29, 2023

Prosecutors will make that decision.

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Kevin John Mawn
Kevin John Mawn
answered on Jan 27, 2023

It is best to consult with a civil attorney who handles this type of claim.

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: I've been residing at a hotel for over 45 days, locked out several times. Any protection on my behalf from police

Hotel deployable, needs code enforcement. No water after midnight, living with rats and roaches. Smoke alarm in all rooms don't work, most ac units are busted from outside the rooms. Locks on doors are being held up with scotch tape, not secured

Families are living here, including me... Read more »

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jan 25, 2023

Unlikely that this is a criminal matter. I would suggest contacting code enforcement department in the county where the facility is. They may need a complaint in order to investigate. I hope this helps.

2 Answers | Asked in Contracts, Civil Rights and Real Estate Law for Florida on
Q: What is the statue of limiting on small claims in Florida,Lee County

1. Via violations of my civil rights by not following state statue 720.350 by golf club masters board and attorney advising them to do so.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 24, 2023

Probably four years. See Florida Statute 95.11(3)(f). But you have cited the wrong statute; there is no Florida Statute 720.350. You really need to consult with an attorney for this.

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2 Answers | Asked in Contracts, Civil Rights and Real Estate Law for Florida on
Q: What is the statue of limiting on small claims in Florida,Lee County

1. Via violations of my civil rights by not following state statue 720.350 by golf club masters board and attorney advising them to do so.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 24, 2023

Do you mean Fla. Stat. 720.305? There is no 720.350. The statute of limitations on a claim against a homeowners association for breach of contract is five years. There is not enough information to determine if your civil rights have been violated because you can waive your civil rights by... Read more »

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1 Answer | Asked in Civil Rights for Florida on
Q: Hello, I’m wondering if the fourth amendment protects me as a student and which scenarios it does/doesn’t. Thanks.

I currently go to a public school so I would like to know how to applies to public schools (and possibly private if you would like to answer that as well).

Charles M.  Baron
Charles M. Baron
answered on Jan 18, 2023

Depends which part of the Fourth you mean. Certainly probable cause is required to charge anyone with a crime, whether adult or juvenile. Searching is another matter, though, because the school is "in loco parentis" (standing in the shoes of the parents) with regard to many aspects of... Read more »

2 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: Can I sue the Florida Legislature if conseal carry no longer has to register. Does it endanger my civil rights?

I think both laws not registering a gun and not registering conseal carry endangers my domestic tranquility not knowing who is packing. The 2nd ammendment is more important than the preamble. Same can be said for assault rifles. Seems like the use of such guns are for mass shootings in public... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 16, 2023

I agree with your general point of view and believe the Second Amendment should be modified, if not repealed, due to the Supreme Court's 5-4 decisions in District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010), in which just 5 Justices (in 5-4 decisions) overturned... Read more »

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2 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: Can I sue the Florida Legislature if conseal carry no longer has to register. Does it endanger my civil rights?

I think both laws not registering a gun and not registering conseal carry endangers my domestic tranquility not knowing who is packing. The 2nd ammendment is more important than the preamble. Same can be said for assault rifles. Seems like the use of such guns are for mass shootings in public... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 14, 2023

No. The legislature doesn't have the duty to enact whatever law you want it to. If you feel that strongly about it, your remedy is to encourage the legislature to change the law.

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1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: What state would I need to hire a lawyer to have firearm rights restored if I was convicted in nc but moved to fl?

Conviction was non violent, I compleated my probation in nc and then moved to Florida. I'm not sure if I would need to hire a Florida lawyer or a nc lawyer to have 2nd amendment rights restored.

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

You're assuming you must hire a lawyer, which is not necessarily the case, but a lawyer could do the "homework" and communications for you, saving you time. As to where you need to initiate the process, it's likely in the State where you were convicted. Read the entire page... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I told my landlord that his rent was in my apt, and not to let anyone in. He did anyways. Was it him or me that's robbed

Someone I thought a friend kicked in my door and started taking my things. I told the landlord I lived alone and to not let anyone in. He did anyways. My so called friend was clever enough to print out some that looked like mail with my address on it. So the police made no arrest and I was taken... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 27, 2022

Depending on the circumstances, your landlord might be complicit in the theft. But it is you, and not the landlord, who is the victim.

1 Answer | Asked in Criminal Law, Child Custody and Civil Rights for Florida on
Q: How do I find out if my parental rights have been taken from me or not?
Charles M.  Baron
Charles M. Baron
answered on Dec 27, 2022

Your parental rights cannot be taken from you unless you (A) are in a Circuit Court proceeding with the opportunity to contest it, and a court order is issued (which may be appealed), or (B) you voluntarily give up your rights in writing (for example, if you give your child up for adoption).

1 Answer | Asked in Civil Rights for Florida on
Q: Can a male officer search a female without anyone else present before they put them in patrol car?
Charles M.  Baron
Charles M. Baron
answered on Dec 21, 2022

I'm assuming from your brief description that you mean there is a search incident to a valid arrest, meaning there is a decision to arrest based on a determination that probable cause for the arrest exists, and there's a pat-down bodily search (on outside of clothing) to confirm the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Florida on
Q: My car was taken by the police because my boyfriend drove it to his work site and was arrested for economic felonies.

They think there is evidence in the car of his crime. That's why they said they could take it. The car is registered to me, it's new so the title is between the dealership and myself, insurance is in my name. I was not at the scene when this took place. I got a ride to the scene to get my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 20, 2022

In my opinion, the police did not have the right to keep your car without a warrant. Was that your question?

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Can an police department open an investigations under false pretenses - no evidence or witness testimony or suspicion).

Hypothetical - Can an officer arrest/question/harass an individual who is deemed to be "searching questionable materials (eg:active shooter policies and procedures)". When that said person has a Ph.D in the subject matter, doing policy work for NGO's and creating these exact... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2022

You stated that your inquiry is a hypothetical, which means it's not a real situation. Most or all lawyers viewing Justia inquiries will not respond to purely academic questions - that is the the province of academicians.

1 Answer | Asked in Constitutional Law and Civil Rights for Florida on
Q: When following a police report against police officers they complaint is it legal not to pursue it

Can a superior officer disregard a complaint when you file against their officers thus due process violation of my civil rights can they legally throw that complaint away or not investigate it that's what they did I think

Charles M.  Baron
Charles M. Baron
answered on Dec 15, 2022

Your inquiry is vague as to whether you are seeking money damages or discipline (or termination) of the offending police officer, or both. "Complaining to the police dept." (or to a superior officer) may be viewed as an internal affairs complaint for the purpose of the dept. determining... Read more »

1 Answer | Asked in Civil Rights and Medical Malpractice for Florida on
Q: Would filing a complaint with "Florida Health" be a useful/safe way of obtaining the security footage of my visit?

I am going after a hospital for 2 civil rights violations and medical malpractice. I also wish to pursue criminal charges for abuse/neglect of a mentally disabled person.

I thought about trying to settle out of court... but I'm not a lawyer. (Nor can I afford to pay up front.)... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 14, 2022

Immediately seek a free consultation with a medical malpractice attorney in your area. If you have facts that support a potential claim, a law firm may be willing to sign you to a contingency fee retainer agreement with no up-front fees or costs payment needed.... Read more »

2 Answers | Asked in Civil Rights, Gov & Administrative Law and Municipal Law for Florida on
Q: No, only two names. One on birth cert. The other on ID's now expired. Can't do anything witout ID.

People...I have no ID and no entity will give me one. These True ID laws are the problem. Birth cert. name and SS# name are different, and I don't have current ID. STOPS EVERYTHING!

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2022

You are apparently attempting to add to your prior post, but the way this Justia site works is that each time you post, it is viewed as a brand new post, seen by a different set of lawyers who may or may not overlap with the lawyers who saw your prior post. If you wish to follow up with the lawyer... Read more »

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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: I was towed in 2020 on jan 20th in new hampshire. The tow was illegal. Is there anything i can do? My vehicle was damage

I was at the gas station to buy wine. The attendant thought i parked illegally. I went across the street to sign out from work. I had forgotten to sign out. I came back and the tow truck was there. The vehicle was not hooked yet. The cops pulled me from.my vehicle and injured my leg giving me blood... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2022

Yes - for the police misconduct causing physical injury, search for a New Hampshire civil rights attorney. For towing company's negligence causing auto body damage, set up a claim with the towing company's insurance company (no attorney necessary, unless towing company refuses to... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: My brother got picked up on a warrant in front my house.. my question is it legal for police to put him in a van and

Take him back to his Place and walk around and say they have cause for search warrant? And then search the property ??

Charles M.  Baron
Charles M. Baron
answered on Dec 1, 2022

You did not indicate if the police actually obtained a search warrant to search his home. If they had no search warrant, a Court most likely would rule that the search was unlawful. If it was an unconstitutional search, any evidence seized during the search mostly likely would not be allowed into... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: We are filing class action against State of Fl. (justice dept&DCF). What do we need to win?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 27, 2022

Get an attorney. Class actions are not for non-lawyers such as yourselves.

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