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Florida Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Florida on
Q: I am filling out the Notice of Pendency of Other Actions. Do I put "is" or "is not" on this form?

I filed with US District Court, Middle District of FL, after an SSDI denial by the Appeals Council.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 26, 2020

it depends on whether there are cases other than yours pending.

1 Answer | Asked in Civil Rights for Florida on
Q: Can the police tow your own vehicle out of your driveway

They arrested my boyfriend and towed the car

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 13, 2020

Was your boyfriend driving the vehicle when they arrested him? If so, they probably could tow it. Check with and attorney about getting the vehicle returned to you.

1 Answer | Asked in Civil Rights for Florida on
Q: If police are looking for a suspect, and they do not see him enter your home, are they allowed to enter my home?

At 3:30 in the morning, outside security cameras caught a drunken man running from police. The man hid or got away from the police undetected. They started checking the residences. Its caught on camera that once, they open my front door while I'm asleep and flash their lights inside my place,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 10, 2020

I gather your door was not locked. That was not wise.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Elder Law for Florida on
Q: Can you get a retrail if you have a mental disabilty or blea
Henry George Ferro
Henry George Ferro answered on Mar 9, 2020

You are not providing sufficient information to give you an honest answer...

2 Answers | Asked in Civil Rights, Estate Planning, Real Estate Law and Probate for Florida on
Q: What is the process of inheriting someones house after they pass if there is no will in place?

Next ok kin is not imterested and would like my father to take over the house. He already lives there. He was room mates with the person that has passed away.

Seril L Grossfeld
Seril L Grossfeld answered on Feb 26, 2020

There still needs to be a probate proceeding initiated. The next of kin can always sell or assign their interest to another person.

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2 Answers | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Florida on
Q: Should I get a lawyer & is my case strong? can I sue for my time being wasted in court when I don’t have time for this?

I make the payments for the dog everything is in my name. Took it to grooming etc. The dog was a gift to my family, ex thinks it was a gift to her as well because she would take it on weekends & do things with him, buying him toys & grooming as well, voluntarily when we were together. when we broke... Read more »

Charles M.  Baron
Charles M. Baron answered on Feb 25, 2020

You didn't say whether your ex was married to you or not, but I assume you were not married because if you were, this would be an issue in dissolution of marriage proceedings in the family court. I assume you mean she filed suit in small claims court. Answer to question, "Should I get a lawyer?":... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Florida on
Q: Fl. PCR..I am incarcerated & file ineffective council does the state require they provide attorney to review for errors?

Defense allowed Motion in Limine for co conspirator. Public def stated in court "I have not researched this case I am not ready for trial" 3 days trial began. I was DENIED hiring private council due to court imposed time constraints. Perjury by witness/victim. Burglary with mask. Battery with mask... Read more »

Keith Upson
Keith Upson answered on Feb 25, 2020

What's the question? Whether you are entitled to the appointment of counsel in postconviction proceedings?

No. The Sixth Amendment right to counsel does not extend to postconviction proceedings. However, if a trial court sets your postconviction motion for hearing, the court will often...
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1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Small Claims for Florida on
Q: In Florida, is there a usual or set fee to send a letter of demand on money owed, or does it vary by lawyer or firm?

Have a copy of a hand written agreement by the person who owes me the money & notarized, for a specific amount to be paid per month. (Along with texts of agreement being made and pics sent by them of the letter while being written.) The payments have not been received since the initial payment of... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Feb 25, 2020

The fee is whatever you and the lawyer agree upon.

2 Answers | Asked in Civil Rights for Florida on
Q: can you appeal Bench trial decision

I got my question from reading the article

https://www.tampabay.com/arts-entertainment/fun/theme-parks/2020/02/21/trial-over-disability-access-at-disney-world-ends-with-delayed-decision/

can you appeal a bench trial verdict

Charles M.  Baron
Charles M. Baron answered on Feb 21, 2020

Of course, that's the reason appellate courts exist. To be appealable, the trial court judgment or order must be a final order, except for certain types of non-final orders, as specified in the rules of appellate procedure.

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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: were can i find the 2010 ga offical code 9-11-119 form. Trying to have a summons thrown out due to improper venue state

I received a summons from my soon to be ex-husband for divorce, but he filed in the wrong state and I am a resent of the state of florida.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 20, 2020

If he is a resident of another state, Georgia I assume, the courts of that other state have jurisdiction. It doesn't matter that you reside in Florida. Most states require that a divorce plaintiff have resided in that state for a certain period of time; in Florida, for example, it's 6 months. On... Read more »

2 Answers | Asked in Civil Litigation, Contracts, Civil Rights and Small Claims for Florida on
Q: Is sending late notice of payments owed on a notarized written agreement over a home via email counted as harassment?

Wife & I rented a home with a friend during the beginning of her divorce paying all initial costs, etc. After a short time, it was clear it would not work. After multiple attempts to discuss options, the only option she would agree to was her keeping the home. This meant having us replaced on the... Read more »

Charles M.  Baron
Charles M. Baron answered on Feb 17, 2020

She can report anything she feels like, but I suppose you're asking if you are at some kind of legal risk if she does. It's unclear from your description if you're talking about just one solitary email asking for payment that triggered her reaction, but if just the one, there should be no legal... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Can *private* universities in Florida permit firearms possession, storage, concealed carry, etc?

Fla. Stat. § 790.06(12) prohibits CWFL holders from carrying lethal weapons or firearms on "any college or university facility". The statute does not specify whether this applies only to public/community colleges and universities. Does this prohibition also apply to private universities? Can... Read more »

Jonathan Blecher
Jonathan Blecher answered on Feb 8, 2020

A basic principle of statutory construction is if a statute omits something, it’s presumed that the legislature intended to do so. You should assume, therefore, that the plain reading of the statute does apply to ALL colleges or universities.

No college can offer you an exception to your...
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1 Answer | Asked in Civil Rights for Florida on
Q: a worker at Bo's on the Beach stole my Trump pin. The GM called the police to have us escorted out of the restaurant.

My husband and I are in Fort Lauderdale on vacay, and stopped at Bo’s on the Beach. We were made to feel like criminals because I had a Trump 2020 pin, and were very embarrassed by the manager. I left a denim jacket on the back of my bar stool. We walked back to the hotel and within an hour I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 6, 2020

Apparently you lost the Trump pin, but I don't see a legal question here. Are you trying to ask if Bo's on the Beach is liable for the value of the pin?

1 Answer | Asked in Civil Rights for Florida on
Q: I am a 22 year old man i live with my girlfirend and her mom but me and my girlfriend have sepreat rooms.

Is this illegal we are not engaging in sexual activity either.

Charles M.  Baron
Charles M. Baron answered on Jan 28, 2020

This is a curious question - has anyone claimed it's illegal? If your girlfriend is at least 18, you could even share a bedroom. A legal exception to you living with them, whether in same room with girlfriend or not, is if you live in a complex that has a rule against unrelated individuals... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Criminal Law for Florida on
Q: Why would a police officer show up at my door at 830pm?

I wasnt home at the moment. I was at work but my husband and 2 children were and when answering a knock on the door at this hour by a police officer asking to speak with me, and if I was in the house at the moment? When my husband informed the officer that I was not home and working until late... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 25, 2020

Your husband already solved the problem; all you need to do is hire a criminal defense lawyer before the police come back-early one morning.

2 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: Florida statute 790.053. Is daytime camping (hiking) covered under the open carry exception

I have been combing through the definitions (790.001) and have not found anything that defines camping as hiking with an overnight stay. I have tried looking into the other state laws for definitions and hints for the better part of a week now (like TITLE XVIII PUBLIC LANDS AND PROPERTY) and have... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 23, 2020

When a term is not defined in a statute, courts and administrative agencies use the ordinary dictionary definition. No, hiking is hiking and camping is camping. Also, read in context, the likely legislative intent of the camping exception is to allow camping hunters to have their long guns out... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: I bought a home in Florida Volusia county both sides of the house was overgrown with dead trees and vines .

My girlfriend and I spoke with the neighbor at least on four different occasions discussing removal of dead growth on property line neighbor said go ahead I'm too old and have not been able to maintain it so we went ahead and cleaned the line out of the dead brush and trees . This took us at least... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 23, 2020

What is it you want to know? If they sue you for damages, it will be a matter of your word against theirs. And, of course, they will have to prove that the property was damaged in that amount (normally decreased value of their real property). If it was merely dead trees and vines, it is... Read more »

1 Answer | Asked in Family Law, Adoption, Civil Rights and Constitutional Law for Florida on
Q: I want to keep my unborn baby out of the system. I have three kids i just had a tpr on... Can i sign baby over to dad?

Im in florida. The father has no criminal history and makes great money and dorsnt do drugs. Cant i just sign the baby over before ots born to avoid it going into the system?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 22, 2020

Since you are not married the best thing to do before the baby is born is to make sure the father agrees to claim the baby is his and have the hospital or doctor put his name on the birth certificate. Then you can start proceedings to turn the child over to their legal father.

2 Answers | Asked in Civil Rights for Florida on
Q: Can the police and hotel security tell you to open your hotel door now and if you dont they arest you when you do leav

My room was dirty the security didn't like how I was talking to the management. called the police I went back to my room management came and apologized and left peacefully I THANKED THEM. 1 hr later later a leo was at my door saying he wanted to investigate a disturbance. I told him problem was... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 10, 2020

If you were charged with trespass, it likely means somebody working for the hotel told the police that you were refusing their request to leave. Perhaps there was a misunderstanding/miscommunication between you and the hotel or between two different staff members, or another scenario is that... Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Florida on
Q: Recieved a subpoena to appear again in court, can I get out of it?

Witnessed a robbery /crime in my store, I gave in my testimony and appeared at the deposition.Was given a second subpoena to testify in front of a jury on the 14th of jan...I dont want to be involved in this anymore..I'm trying to have a baby and this has been stressful for me.

Stephen Shaiken
Stephen Shaiken answered on Dec 29, 2019

If you are subpoenaed, you must appear unless excused. If you believe there are reasons to be excused, best thing to do is hire a lawyer to deal with the situation.

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