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Florida Constitutional Law Questions & Answers
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 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I agree with your general point of view and believe the Second Amendment should be modified, if not repealed, due to the Supreme Court's 5-4 decisions in District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010), in which just 5 Justices (in 5-4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 Constitutional Law for Florida on
Q: can I legally concealed carry a firearm without a permit in Florida while fishing
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 31, 2022

No. But you may openly carry a firearm while fishing, and while going to or from a fishing location. See Florida Statue 790.25 (3) (h).

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 Constitutional Law for Florida on
Q: How was judicial review established?
Charles M.  Baron
Charles M. Baron
answered on Oct 21, 2022

You can easily find online academic articles on this subject, for example:

https://constitution.congress.gov/browse/essay/artIII-S1-2/ALDE_00013513/ The key case where the Supreme Court established judicial review was Marbury vs. Madison. See more about it at:...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Small Claims for Florida on
Q: If I get dv battery charge dropped in fl, what lawful civil retribution should I do?

Filing false police report, pain n suffering like whole unnecessary arrest, imprisonment and court fees? Kicked out of own house after she already moved out due to can't return to scene she claimed. Forced to abandon dogs until trial is done.

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

Retribution means punishing for revenge. I assume that's not what you mean; that you instead mean to ask what legal action you can take to seek monetary compensation for your loss of liberty, economic losses, and emotional distress. You certainly may sue your accuser (your ex) for malicious... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Election Law and Gov & Administrative Law for Florida on
Q: Does this mean governor Ron DeSantis committed voter intimidation by using felons who unknowingly voted illegally?

Just days before the primaries, governor DeSantis made sure not to clarify that these voters were felons who thought their rights were restored. I cannot see how this is NOT being considered voter intimidation. If you think that what this man has done was legal, please explain. I appreciate your... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 22, 2022

I looked online for what you are referencing, and I see a story regarding DeSantis announcing that the Fla. Dept. of Law Enforcement arrested 20 people who allegedly voted illegally because their voting rights were not restored, even though they were allowed to register. (See, for example,... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Florida on
Q: The defendant in my civil case admitted to a federal crime under oath during testimony. What can I do about that?

I filed a civil suit and during the trial after everyone was sworn in the defendant not only admitted to a federal crime but provided proof that he had possession of the counterfeit document, knowing it was a counterfeit document and submitted a photo copy of that document as evidence.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2022

Mere possession of a counterfeit document is not necessarily a crime.

It's not really up to the judge to do anything. You could, if you want, report it to the federal authorities, and see if they want to prosecute.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Is this true about tampering with evidence florida??

drugs out window

Florida case law has made it very clear that when a defendant simply throws potential evidence, such as a bag of drugs, out of the car window during a police stop, the defendant cannot be prosecuted for tampering with evidence.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2022

So, are you asking us or telling us? If you want case law to back up your statement, you probably will need to research it yourself.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: I had the police come to my door today, they left a card saying they need to speak to me? What do I do?

I just move to the state and to my knowledge have done nothing wrong .

Charles M.  Baron
Charles M. Baron
answered on May 4, 2022

If I were you, I'd ask what they would like to speak to you about. Maybe you were listed as a witness or potential witness to something, even if you know nothing about whatever they're looking into. But another scenario is that, for some reason, you are a crime suspect, such as where... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Constitutional Law for Florida on
Q: Can I obtain legal council pro bono I’m so not have a job or any money since being released from prison a year ago

I have a co defendant that is incarcerated for the charges of possession of cannabis greater than 20 grams

It is said that I have charges coming against me for sales of meth months prior

Charles M.  Baron
Charles M. Baron
answered on Mar 28, 2022

If you are charged with a crime and cannot afford a private attorney, the Court will likely appoint an attorney to represent you at no cost to you. If you are seeking advice about your situation though not yet charged with anything, call criminal defense attorneys in your area, and you will... Read more »

1 Answer | Asked in Criminal Law, Immigration Law, Real Estate Law and Constitutional Law for Florida on
Q: Is it right to arrest a person on a boat with foreigners and bring them into the country and charge him for smuggling?

And charge him for illegal entry when he was brought into the country? What happens to his boat while he is being charged? How can he acquire the boat back?

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Mar 16, 2022

Potentially yes. Hire a criminal defense attorney who handles federal charges/crimes.

1 Answer | Asked in Constitutional Law for Florida on
Q: 20mm disorderly conduct 877.03 prevent concealed weapons permit

It orginally was assault

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Feb 16, 2022

A conviction for the misdemeanor of disorderly conduct should not prevent the issuance of a concealed weapons permit.

Q: Can I sue city to recover excessive fines?

I was fined 16k for violating city code on short term rentals. I moved so didn't receive the 1st notice warning and they did not post it at the house as required once returned. I received a notification to appear before special magistrate a few months later. I hadnt rented short term for a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 1, 2022

Sure anyone can sue anyone else at any time for anything--including this situation.

But I don't recommend trying it without a lawyer.

Whether you have a good claim or not depends on what the code violations were for.

Hire a lawyer to investigate this case and advise you on what to do.

3 Answers | Asked in Contracts, Personal Injury and Constitutional Law for Florida on
Q: Can HOA's create rules in their bylaws that circumvent state laws they operate within.

I live in Florida and the state law identifies what common areas are, but the HOA bylaws say the board has broad discretion with respect to what common areas are and the HOA has used this broad discretion to bill only certain homeowners for cost to maintain common area's deeded to the hoa.... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 3, 2022

The common areas are designated by the plat of the community and the Declaration of Covenants, Conditions and Restrictions. The board has discretion on how to spend HOA funds to maintain common areas. I am not sure what you mean by the last part of your statement "have used the bill only... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Products Liability for Florida on
Q: What are the legal limitations when it comes to damages done to a home during a search by the police?

My rental property was destroyed to the point that the house is now unlivable. They broke every window in the house, tore all doors off and damaged the structure. Broke beams

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 27, 2021

Since you are renting you do not own the premises, so report all of this to your landlord or their agent.

1 Answer | Asked in Constitutional Law for Florida on
Q: Does the Guarantee Clause provide for Congress to make efforts to protect the US Capitol Bldg (re: Jan 6, 2021 events).

Should Rep. Pelosi and Sen. Charles Schumer agreed to having the National Guard called in when suggested in order protect against domestic violence? Does this Article apply to D.C. as well as states? Thank you.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 23, 2021

No, Article 4, Section 4 of the U.S. Constitution doesn't guarantee a "Republican Form of Government" to the District of Columbia, or otherwise apply.

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