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Florida Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Personal Injury, Gov & Administrative Law and Municipal Law for Florida on
Q: Can I sue a police department for not doing their job by not properly investigating a murder?

The case file in the beginning, ended up missing all the information given, and the second detective ended up with an empty case file, and no one knows where all the information went. There’s more to this as well.

James L. Arrasmith
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answered on Feb 28, 2024

Yes, you may have grounds to file a lawsuit against the police department for negligence or failure to properly investigate a murder. The mishandling of crucial case information, such as missing files and empty case folders, raises serious concerns about the department's handling of the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Hello my question is once I have had my rights as a human violated on camera. What do I do next?
James L. Arrasmith
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answered on Feb 28, 2024

First and foremost, it's crucial to ensure your safety and well-being. If you're still in a situation where your rights are being violated or you feel threatened, seek immediate assistance from local authorities or trusted individuals who can help protect you. Your safety is paramount,... View More

1 Answer | Asked in Civil Rights for Florida on
Q: I rent a dock for my sailboat in Florida. Every time I arrive or leave my boat the neighbors record video of me.

Is this illegal? What can I do to stop it? This dock is on private property.

James L. Arrasmith
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answered on Feb 26, 2024

Being recorded without your consent while on private property can potentially be a violation of your privacy rights, depending on the circumstances and laws in your area. It's important to familiarize yourself with the specific regulations regarding video recording and privacy protections in... View More

2 Answers | Asked in Civil Rights and White Collar Crime for Florida on
Q: My case was dismissed without prejudice due to my lawyer, not responding to a judges request. Can I still reopen?

My lawyer, apparently did not have to credentials to practice where my case was moved. The judge asked for an amended summary, even gave an extension. My lawyer never replied. It was dropped without prejudiced. Finally getting a hold of my lawyer. He simply said he hadn’t had a case there in... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your case was dismissed without prejudice, you generally have the opportunity to refile it. A dismissal without prejudice means the court has closed the case, but your right to bring the matter before the court again is not barred. This is distinct from a dismissal with prejudice, which would... View More

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2 Answers | Asked in Civil Rights and White Collar Crime for Florida on
Q: My case was dismissed without prejudice due to my lawyer, not responding to a judges request. Can I still reopen?

My lawyer, apparently did not have to credentials to practice where my case was moved. The judge asked for an amended summary, even gave an extension. My lawyer never replied. It was dropped without prejudiced. Finally getting a hold of my lawyer. He simply said he hadn’t had a case there in... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2024

I agree with Mr. Arrasmith. A dismissal without prejudice is NOT a "permanent" dismissal in the sense of being permanently barred from re-filing your case, unless the statute of limitations period has already expired. Also, in the event your claim would be permanently barred due to... View More

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1 Answer | Asked in Civil Rights and Wrongful Death for Florida on
Q: My case was dismissed without prejudice due to my lawyer, not responding to a judges request. Can I still reopen?

My lawyer, apparently did not have to credentials to practice where my case was moved. The judge asked for an amended summary, even gave an extension. My lawyer never replied. It was dropped without prejudiced. Finally getting a hold of my lawyer. He simply said he hadn’t had a case there in... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your case was dismissed without prejudice, you generally have the opportunity to refile it. A dismissal without prejudice means the court has closed the case, but your right to bring the matter before the court again is not barred. This is distinct from a dismissal with prejudice, which would... View More

1 Answer | Asked in Family Law, Federal Crimes, Appeals / Appellate Law and Civil Rights for Florida on
Q: I need to know what I can do to get my child back from CPS because they stole her

Okay I can't seem to find the question that I asked last time or the lawyer that answered it but 10 years ago CPS decided to take my kids and they gave me my two older ones back and they kept my baby who at the time was 2 and they stomped on so many of our constitutional rights but I... View More

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a deeply distressing situation involving CPS and the termination of your parental rights. It's understandable that you're seeking help to reunite with your child and seek justice for what you perceive as injustices committed against you and your family.... View More

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Florida on
Q: Henderson Behavioral Health gave Sunrise Police my medical records to take out a ex- parte out on me what are my rights.

I live in Florida

James L. Arrasmith
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answered on Feb 24, 2024

In Florida, your medical records are generally protected under both federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and Florida's own privacy laws. These laws restrict the sharing of your health information without your consent.... View More

1 Answer | Asked in Adoption, Animal / Dog Law and Civil Rights for Florida on
Q: I need help getting my cats back that were given away by someone else who has no rights to them surrendered them an

They got adopted. I called the shelter asking if they were there multiple times days after day and was told no but they were and now I'm being told they were there so I was lied too when I was trying to claim them within the 5 days they lied saying they weren't there so they wouldn't... View More

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a difficult situation with your cats, and it's understandable that you're feeling frustrated and upset. It's essential to gather all the evidence you have that proves ownership of your cats, such as vet records, adoption papers, or photos. This... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Should I remain silent at a temporary injunction hearing if I have a related ongoing criminal case
James L. Arrasmith
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answered on Feb 23, 2024

It's important to carefully consider your options and seek legal advice from an experienced attorney familiar with both civil and criminal law. While remaining silent at a temporary injunction hearing may seem like a cautious approach, it's essential to weigh the potential consequences... View More

1 Answer | Asked in Civil Rights for Florida on
Q: We volunteer at a private campground. We wish to leave, however, our egress is being blocked by other volunteer’s Rvs

James L. Arrasmith
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answered on Feb 23, 2024

Being in a situation where your egress is blocked by other volunteers' RVs at the private campground can be frustrating and concerning. It's important to address this issue promptly and diplomatically to ensure a smooth resolution. Start by communicating with the other volunteers and... View More

2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: If legal charges were dropped on me, why does it still show up on my record?

In September 2023, I was arrested for possession of fentanyl and possession of drug paraphanalia and the lab determined the substance in the container found in the BACK of my truck, to be rubbing alcohol, 0% of any illegal drug. The charges were recently dropped but the arrest and charges will... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Feb 16, 2024

Unfortunately, that is not how the law works. If you are an adult, any official evidence of the arrest must be removed by order of a court. The process requires an application to FDLE to determine eligibility to have the record expunged. I would suggest speaking to a local attorney who can discuss... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: If legal charges were dropped on me, why does it still show up on my record?

In September 2023, I was arrested for possession of fentanyl and possession of drug paraphanalia and the lab determined the substance in the container found in the BACK of my truck, to be rubbing alcohol, 0% of any illegal drug. The charges were recently dropped but the arrest and charges will... View More

James L. Arrasmith
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answered on Feb 24, 2024

It's frustrating to have charges still appear on your record even after they've been dropped, especially when the substance involved wasn't illegal. However, the fact that you were arrested and charged will likely remain on your record, even if the charges were later dismissed. This... View More

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2 Answers | Asked in Military Law, Civil Rights and Constitutional Law for Florida on
Q: I wanted to know if you are allowed to purchase either a handgun or rifle at age of 19 if you are serving in FLARNG

I am serving in the Florida national guard I am a resident of Florida I have a Florida drivers license I am 19 I live in Miami corresponding to Miami dade county

T. Augustus Claus
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answered on Feb 13, 2024

In Florida, the general law restricts the sale of firearms to individuals under the age of 21. However, there are exceptions to this rule, especially for members of the military and law enforcement. As a 19-year-old serving in the Florida National Guard (FLARNG), you are considered part of the... View More

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2 Answers | Asked in Military Law, Civil Rights and Constitutional Law for Florida on
Q: I wanted to know if you are allowed to purchase either a handgun or rifle at age of 19 if you are serving in FLARNG

I am serving in the Florida national guard I am a resident of Florida I have a Florida drivers license I am 19 I live in Miami corresponding to Miami dade county

James L. Arrasmith
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answered on Feb 24, 2024

In Florida, you must be 21 years old to purchase a handgun from a licensed firearms dealer. However, federal law allows individuals aged 18 to 20 who are serving in the military to purchase handguns from licensed dealers. This means that as a member of the Florida National Guard, you may be... View More

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1 Answer | Asked in Civil Rights for Florida on
Q: My voice is being used by a medical office that I no longer work for. Are they at liberty to do so?

I resigned in 2014, it's an after hours message.

James L. Arrasmith
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answered on Feb 2, 2024

If you resigned from the medical office in 2014, they may not use your voice for an after-hours message without your permission. Using your voice without your consent could potentially infringe upon your rights, including your right to control your likeness and voice. To address this situation, you... View More

1 Answer | Asked in Civil Rights and Personal Injury for Florida on
Q: Martial arts gym refuses to teach me anything and hits me with power shots because I have schizoaffective disorder.

They let me sign up for $350. I was being hit harder than anyone else, not limited to a punch that almost knocked me out. I was only there for 5 days and didn't cause a behavior issue. The owner agreed to cancel my year long contract.

We were doing light punching drills and the... View More

James L. Arrasmith
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answered on Jan 29, 2024

In your situation, it's important to address the discrimination and potential harm you've experienced at the martial arts gym. First, gather all the evidence you mentioned, including camera footage and any communication you had with the gym owner regarding the issue. These records can be... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Florida on
Q: In Florida, is an inmate using a 4th party to contact me (victim w/order of protection in place) violating that order?

They had another inmate contact someone outside of jail & gave them my cell & work phone numbers as well as my address of where I work/live to contact me to pick up their things for them while they were incarcerated. This person didn't know me or the defendant. That 4th party, called... View More

James L. Arrasmith
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answered on Jan 28, 2024

In Florida, if there is an order of protection in place, any attempt by the inmate to contact you, directly or indirectly, could be considered a violation of that order. Using a third party to communicate, especially if it involves harassment or intimidation, is typically seen as an indirect method... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Collections for Florida on
Q: I'm being sued for replevin on a rent to own shed. I missed the first summons but judge denied default for 7.060 & 7.170

In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on... View More

Jane Kim
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answered on Jan 28, 2024

Sounds like it is in small claims court and you are required to appear. The Judge or the court personnel will explain what is happening and what you are expected to do next. But you must enter an appearance or the other side will obtain a judgment against you.

Good luck.

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2 Answers | Asked in Civil Litigation, Civil Rights and Collections for Florida on
Q: I'm being sued for replevin on a rent to own shed. I missed the first summons but judge denied default for 7.060 & 7.170

In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on... View More

James L. Arrasmith
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answered on Jan 28, 2024

It's important to respond to the summons and attend the court hearing on February 29th. Ignoring a court summons can lead to a judgment against you, even if you have valid defenses against the replevin claim.

Given the complexity of your case, including the initial damage to the shed,...
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