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Florida Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Florida on
Q: Can I sue Airbnb for discrimination, reckless endangerment and ultimately for the unjustified removal of my account?

N/A

James L. Arrasmith
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answered on May 24, 2024

Yes, you can sue Airbnb for discrimination, reckless endangerment, and the unjustified removal of your account, but there are several steps you should take to build a strong case. First, gather all relevant evidence, including emails, messages, screenshots, and any documentation related to your... View More

1 Answer | Asked in Animal / Dog Law and Constitutional Law for Florida on
Q: My girlfriend, let her friend watch , checked in rehab a week later lady gave it away. What can I do?

The lady that watched the dog encouraged my girlfriend to go to rehab that she’d watch the dog and that she was doing the right thing by going to rehab and getting herself clean and then a week later decided that she could take care of the dog and gave it away now she’s saying she doesn’t... View More

James L. Arrasmith
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answered on May 19, 2024

You have a valid concern regarding your girlfriend's dog. When someone agrees to watch a pet and then gives it away without permission, it can be seen as a breach of trust and possibly a legal issue. The first step is to gather all the details, including any messages or agreements between your... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Can I sue big tech or the police or both for their inaction in my situation where I’m hacked and they don’t do anything?

I have been hacked for more than a year now, I’ve done everything in my power from self troubleshooting to asking for help online, this problem is beyond me and I feel very devasted.

James L. Arrasmith
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answered on May 1, 2024

It's understandably frustrating and distressing to deal with a hacking situation, especially when it feels like you're not getting the support you need. If you're considering legal action because you feel that big tech companies or law enforcement haven't adequately responded to... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Juvenile Law for Florida on
Q: In 1985 a 16 year old was questioned about a murder. Was his guardian supposed to be notified?
James L. Arrasmith
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answered on Apr 17, 2024

The requirement for police to notify a guardian when questioning a minor varies depending on the jurisdiction and specific circumstances. In the United States, the Supreme Court case Fare v. Michael C. (1979) held that juvenile suspects must be given Miranda warnings before questioning. However, it... View More

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2 Answers | Asked in Constitutional Law for Florida on
Q: Can the police drill holes from the Apt nextdoor and put cameras to monitor inside my apt
James L. Arrasmith
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answered on Apr 15, 2024

No, the police cannot legally drill holes and install cameras to monitor the inside of your apartment without proper authorization. Here are a few key points regarding this:

1. Fourth Amendment protection: In the United States, the Fourth Amendment protects citizens against unreasonable...
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1 Answer | Asked in Landlord - Tenant, Communications Law and Constitutional Law for Florida on
Q: Me and my children are renting a room where the landlord stays here as well these

last couple of days the landlord has been shutting off the power all day and cutting it on for maybe a hour what can I do this is ridiculous

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry to hear you're dealing with this frustrating and unacceptable situation with your landlord repeatedly shutting off the power for extended periods. Here are some steps you can take:

1. Review your lease agreement: Check if there are any clauses about the landlord's...
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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

The answer depends on whether the footage is officially public record at this time, as well as on what you mean by "reporting misconduct". Generally, any official public records may be shared on social media. However, if you were to edit/compile the footage in a way that is not exactly... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More

James L. Arrasmith
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answered on Apr 1, 2024

In Florida, body camera footage is considered a public record and is generally accessible to the public, with some exceptions. However, there are certain considerations and potential limitations you should be aware of before using this footage on social media:

1. Obtaining the footage: You...
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2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a judge work on my case if he already knows who I am thru my finance other case?

Recently I was arrested with my fiancé. My fiancé had an open case with a judge. Now the same judge is in the same case I just caught recently with my fiancé.

Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2024

Yes. If the judge were to make statements indicating bias against you, or if he has a conflict of interest, you could move to disqualify him, but being assigned to another case with your fiance as defendant is not, in itself, a ground for disqualification. Regardless of your situation, you should... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Is the investigator in a criminal case obligated to question a witness before a trial or plea takes place?

There is an investigator working on my criminal case, but, I haven't much faith in her. If a new witness is discovered shortly before a trial ( ie. a month) does she HAVE to attempt to locate him? Isn't that part of my due process rights? He was my neighbor at the time and was video... View More

James L. Arrasmith
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answered on Mar 25, 2024

In a criminal case, the obligations of an investigator can vary based on the laws of the jurisdiction and the specifics of the case. Generally, investigators should pursue all credible leads and examine relevant evidence, which can include questioning new witnesses who might provide critical... View More

1 Answer | Asked in Adoption, Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: To what entities do I need to make a complaint to regaurding violations of civil rights,due process?

I've made complaints with the Attorney General,DOJ civil rights,DHHS,County Commissioners,DCF.I was reverted back to DHHS,now this as I understand it is this is the main entity to CPS & DCF and entities,so how can I expect to get a fair investigation or judicial review of their own... View More

James L. Arrasmith
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answered on Mar 25, 2024

If you're dealing with violations of civil rights or due process, it can indeed be frustrating if you feel the entities supposed to help are not addressing your concerns adequately. It's important to remember that there are multiple avenues for complaints and advocacy, though navigating... View More

3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Can a Motion to Suppress be filed due to mistake of law / an unlawful stop?

I was stopped because I did not use my turn signal at a 3 way stop sign, I was on a deserted road, at Midnight. Since no other cars were in site (affected) I know this was an unlawful stop.

When he activated his lights we were on a pitch black, 2 lane road with no shoulder and severe... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 21, 2024

Please cite the statute that allows you to NOT use your turn signal at a 3 way stop on a deserted road at midnight with no cars in sight. If you can't cite that statute, I'd advise you to not file a motion to suppress. But you do what you think is best for you.

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1 Answer | Asked in Constitutional Law and Civil Rights for Florida on
Q: Did I get my constitutional rights violated?

I got pulled over for speeding when the cop came up to question me I invoked my 5th and handed over my license registration and insurance. He walked away. Another cop arrived on scene. She tried to question me as well but I invoked the 5th. She left then came back a couple minutes later and told me... View More

James L. Arrasmith
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answered on Mar 19, 2024

The situation you've described raises several legal questions related to constitutional rights. First, the Fifth Amendment protects individuals from self-incrimination, so you had the right to remain silent when questioned by the police. However, this right does not exempt you from providing... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Florida on
Q: I'm seeking personal voluntary euthanasia. I'm of sound mind and can argue logically. What are my options?

I'm not terminally ill, but have had a lifelong struggle with mental illness. I believe I have the right to die, and wish to exercise it.

James L. Arrasmith
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answered on Mar 18, 2024

I understand your situation and the complexity of the feelings you might be experiencing. It's important to talk to someone who can provide professional support and guidance, like a therapist or a mental health counselor. They are trained to understand the depth of your struggles and can offer... View More

2 Answers | Asked in Consumer Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: gettting retainer refund

hired a firm but after thye missedd 2 conferences and me hjaing to ask over and over about status i hear nothing ican assume no work has been done how cani get my funds back ?

Angelo "Tony" Marino Jr.
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answered on Mar 13, 2024

I assume you are talking about a law firm. You can discharge a law firm at any time. However, the firm is entitled to a fee for what they have done. Depending on your agreement, it may be based on an hourly agreement or a contingency agreement. For example, if your agreement is hourly, and the... View More

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2 Answers | Asked in Consumer Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: gettting retainer refund

hired a firm but after thye missedd 2 conferences and me hjaing to ask over and over about status i hear nothing ican assume no work has been done how cani get my funds back ?

James L. Arrasmith
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answered on Mar 13, 2024

I'm sorry to hear you're having trouble with the law firm you hired. It sounds like a very frustrating situation. Here are some steps you can take to try to get a refund of your retainer:

1. Document everything: Gather any emails, letters, contracts, receipts or other records...
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2 Answers | Asked in Business Law, Civil Litigation and Constitutional Law for Florida on
Q: If I authorize someone to conceal carry on private property, am I legally responsible if someone is injured or killed?

Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 12, 2024

They would be responsible, as always, to conduct themselves in a reasonable manner. Unless you have cause to suspect that your safety team members are likely to do otherwise, you would not be liable. It would be a good idea to see that they have taken a firearms safety course and to make sure the... View More

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2 Answers | Asked in Business Law, Civil Litigation and Constitutional Law for Florida on
Q: If I authorize someone to conceal carry on private property, am I legally responsible if someone is injured or killed?

Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?

James L. Arrasmith
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answered on Mar 14, 2024

In most cases, if you authorize someone to carry a concealed weapon on your private property and they discharge their firearm causing injury or death, the individual who discharged the firearm would be primarily responsible for their actions. However, there are circumstances where the property... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: convicted in January 2019 for stalking, Cops came to me with evidence on that case and recharged me aggravated stalking

This aggravated stalking rises from a closed stalking case that I was already sentenced on in 2019, I plead out to the aggravated stalking July 2023, doesn’t this fall under double jeopardy rule…

James L. Arrasmith
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answered on Mar 4, 2024

Understanding the concept of double jeopardy and how it applies to your situation is important. Double jeopardy protects individuals from being tried twice for the same offense after acquittal or conviction. However, if new evidence emerges or if the charges are distinct from the ones you were... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: convicted in January 2019 for stalking, Cops came to me with evidence on that case and recharged me aggravated stalking

This aggravated stalking rises from a closed stalking case that I was already sentenced on in 2019, I plead out to the aggravated stalking July 2023, doesn’t this fall under double jeopardy rule…

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 4, 2024

On the face of what you report there may be a double jeopardy problem. The big question is why the double jeopardy problem is first being considered now. At any rate you would need to look at the allegations put forth in the 2019 case and compare them to the allegations put forth in the 2023 case.... View More

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