Not correct, strictly speaking. A lawyer is someone who is learned in the law. That would include someone who has a law degree. An attorney, on the other hand, is someone who is licensed to practice law in a particular state, and for that the person has to have passed a bar examination.
I agree with the previous attorney's answer. The only thing I would add is someone who is attending law school and has completed two years or has graduated successfully can practice law under what is known as the third-year practice or legal intern rule. They can practice law, including...View More
Under Florida Statute § 784.048 Cyberstalking Statute, the legal definition of the word "cyberstalking" means to communicating with, or causing images, words, or language to be delivered to, a certain person via electronic communication or email, without a legitimate purpose, and that...View More
I live in Florida. Can I record the phone conversation with multiple customer service representative (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"?
Yes, because the other party to the call is asking your consent to have it be a recorded call (by making recording a condition of being able to speak to that party). But if you plan to use the recording for anything other than your own private listening, you...View More
The phrase "not to possess intoxicants to excess" doesn't make much sense. If you possess alcohol but don't drink it, what would be excessive? I think it means that you should not CONSUME intoxicants to excess.
Assuming you are on probation, you probably could be...View More
Sorry to hear about your ordeal. Your inquiry is vague as to when the abuses occurred. You mention, without relating any facts about timing, the phrase "tolling statute of limitations", which is the stopping of the clock for the time counting towards the limitations period, under...View More
I plead no contest, and took the plea deal of time served (18 days).
Before the arrest, during the time in jail, and for 5 years afterwards, I was severely mentally ill (scrizophernia, bipolar disorder medications). Now I that my medication have been updated, I feel sane enough to be a... View More
Sorry to hear about your ordeal. It is possible to file a motion to withdraw a plea due to the plea being involuntary because of mental incompetence. However, due to the number of years going by and the (I assume) availability of the police report at all times, I believe you'd be facing very...View More
In Florida, if you are under 18, your ability to influence criminal charges, especially those filed by someone else, like your mother, is limited. Since you're 17, you're considered a minor, and typically, the decision to pursue or drop charges in a criminal case is up to the prosecutor,...View More
In Florida, if you were incarcerated for an extended period due to false convictions noted in your Pre-Sentence Report (PSR), you may have grounds to pursue legal action against the Bureau of Prisons (BOP). However, suing a federal agency like the BOP involves complex legal challenges, including...View More
You would have to show that the statute of limitations doesn't apply. What do you mean by indicating that you just found out about the kidnapping? Perhaps you might have a case, of you can prove that the owner was negligent, and that the negligence caused injury to you.
The daycare is federally funded should the parent call the police and report it and pull out the child is that a criminal offense? Does the Director and her 2nd in command get in trouble or fired or brought up on charges.. they both are responsible for feeding the child via feeding tube connected... View More
Start with a complaint to the police / Sherriff with jurisdiction over the daycare center. You should also make a complaint to the state agency that licences the center the Florida Department of Children and Families (DCF)....View More
Based on their attire. They have not spoken to me or presented me with any kind of warrant. Recently I discovered they're in my attic watching inside the house 24/7 they will not acknowledge me. Can local police remove them from the property since they have no warrant or are these my new... View More
In Florida, aggravated assault with a deadly weapon without intent to kill is a serious charge often examined under case law to determine the specifics of each individual case. Keep in mind that case law is continuously evolving with new rulings, and an attorney's guidance will be crucial to...View More
There are some limits on the First Amendment rights of criminals. For example, criminals cannot use their First Amendment rights to incite violence or obstruct justice. Additionally, criminals may be restricted to their First Amendment rights while in prison or jail.
I agree; it appears to be some sort of a scam. Some things that i question include the language " You will be represented @ 700 Stewart Street, Seattle, WA - 98101". Someone else is asking you for money, so you are not being represented by anyone. But it does suggest that they are...View More
Whether or not you can get your record expunged for domestic violence charges that were dropped in Florida depends on a number of factors, including the specific circumstances of your case, the severity of the charges, and your criminal history. For personalized legal advice tailored to your unique...View More
When U.S. citizens return from a foreign country, Customs and Border Protection (CBP) officers have the authority to inspect luggage and question travelers. This authority is rooted in the government's responsibility to enforce customs and immigration laws. Generally, routine searches of...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.