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2 Answers | Asked in Immigration Law for Florida on
Q: In 1999 I was 17 years old, I was convicted and tried as an adult for delivery of cocaine, possession of cocaine and res

Resist arrest w/out violence. I was deported after a 4 year sentence as a youth offender. I only have one cimt which is the delivery however I was still deported. I knew not of youth offender exception, and categorically delivery isn't a aggravated felony. How do I stand and make this right,... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 9, 2024

More information is needed. However, there is a sense of reckoning that must take place before any further action can be taken, if any.

There also seems like a misunderstanding of the definitions of a deportable offense and the enduring nature of the bars for what can be considered drug...
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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Divorce q - Are all investments owned prior to marriage but since sold then re-invested considered marital assets?

I have been married for 7 years and likely filing for divorce. We have a 3 year old. My wife has not worked during this entire time. I handle all finances, though we keep separate accounts. I owned significant financial assets prior to the marriage (retired shortly prior) and have since actively... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 9, 2024

The starting point for equitable distribution is 50/50. However, if you are able to establish the value of the assets on the date of marriage then you can argue that the premarital value should be subtracted off and that only the increase from the date of marriage forward should be divided 50/50.... View More

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Divorce q - Are all investments owned prior to marriage but since sold then re-invested considered marital assets?

I have been married for 7 years and likely filing for divorce. We have a 3 year old. My wife has not worked during this entire time. I handle all finances, though we keep separate accounts. I owned significant financial assets prior to the marriage (retired shortly prior) and have since actively... View More

Ira Markowitz
Ira Markowitz
answered on Oct 9, 2024

Did you have prenuptial agreement?

After you sold the property that you owned prior to the marriage,did you deposit the funds in a joint account or an account you had prior to the marriage ?

You can claim a Special Equity but if the purchase of the real estate property or properties...
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1 Answer | Asked in Consumer Law, Business Law, Collections and Small Claims for Florida on
Q: I paid for scooter parts online, but never received parts. what should be next step? less than $200 more than $100

gave plenty of time for delivery. sent email giving them a deadline (even gave more time on that) after waiting almost two months.

Erik A. Perez
Erik A. Perez
answered on Oct 9, 2024

You can send them a demand letter notifying them they have a certain time frame to deliver the goods or you will be filing suit on that date. Realistically, it is not worth filing a lawsuit for an amount under $200, so the demand letter should be used as a tool to begin negotiations. Additionally,... View More

2 Answers | Asked in Bankruptcy and Legal Malpractice for Florida on
Q: I paid in full for a chapter 7, the attorney appointed to me did not file in a timely manner

After the attorney was appointed to me, I hired him as my divorce lawyer. At the time of final payment for bankruptcy he had all my current financial info. He did not file in a timely manner and has yet to honestly or validly explain why he did not file as soon as my last payment was made which... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 8, 2024

The question raises several interesting points:

1. What were the circumstances involving an attorney being appointed to represent you in a bankruptcy case? Normally you would retain a bankruptcy attorney, not have one "appointed" to represent you.

2. You say the...
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1 Answer | Asked in Health Care Law for Florida on
Q: Back on August 7th the hospital knowingly gave me a medication that I am allergic to.it is in the hospital report

We have video from. That night and documents that they don't know we have because they kept it out of their reports. I asked to ho home several times and was told no I could not leave. What should I do

Tim Akpinar
Tim Akpinar
answered on Oct 8, 2024

A Florida attorney could advise best, but your question remains open for a month. I'm sorry for your ordeal. I hope you're okay. You ask what you should do - you could consult with a local attorney to see if it's possible to arrange a free initial consult to look into your situation... View More

3 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for Florida on
Q: Does the fact that I couldn’t afford therapy strengthen my emotional distress claim?

I plan to visit the dealership again to secretly record conversations regarding the $3,000 down payment, terms of financing, and other details for my case.

As Florida is a two-party consent state, I am concerned about whether it is legal to record these conversations inside the... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 8, 2024

You first posed a question about the affect of not affording therapy on an emotional distress claim, and you then stated a concern about recording a conversation, which I take to mean a question asking if you can record in the setting you described without asking permission. You did not connect... View More

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1 Answer | Asked in Car Accidents and Municipal Law for Florida on
Q: Is it legal in Florida to straight pipe a motorcycle?

In a previous accident, I was told by the driver that caused the accident that the reason she pulled out was because she couldn’t hear me and it looked like I was farther away. My new motorcycle is decently quiet for it size, so I wanna make sure that people hear me so that they can be aware of... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 4, 2024

Sorry to hear about your accident I'm not familiar with straight piping, but for guidance, see Fla. Statutes Section 316.293, which you can find online. Subsection (5) thereof states:

(5) NOISE ABATEMENT EQUIPMENT MODIFICATIONS.—

(a) No person shall modify the exhaust...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Florida on
Q: My Public Defender LIED about what 'adjudicated' meant to get me to plea guilty. Is there a Statute of limitations?

REVISED. 25 yrs ago I was arrested with a serious charge. My PD was Mad because I wouldn't plea. I Firmly stated I was innocent and only plea, NOT guilty! The Judge's counsel, however, was, 'one never knows how a jury will vote, so if the outcomes bad [jail] perhaps a plea is... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 3, 2024

I'm wondering if you actually had an adjudication of guilt or instead a withhold of adjudication. Both phrases have the word "adjudication" in them, but are completely different. An adjudication of guilt equals a conviction. A withhold of adjudication (often referred to simply as... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Florida on
Q: I work at a company for 13 years after 7 years of working for this company and developed white lung

I worked in their warehouse bakery I was fired after 13 years because of a drug addiction that I had so the guilt in me did not try to collect compensation I know the statue of limitations is probably up it's been since 2001 but I'm still having respiratory issues is there anything I can... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 3, 2024

You are right that the applicable limitations period is PROBABLY expired, but reliable legal advice on whether any particular issue/dispute definitely is or is not still within the applicable limitations period is something that must be asked for by picking up the phone and speaking directly to a... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Lease move out fees. Moved out on same day as move in.

I signed a lease agreement and moved out on the same day as move in. The home had a leak coming from the tub and it was leaking in all three bedrooms. Maintenance could not come out until the next day. I had movers remove all my boxes the next day and sent them a notice to vacant. My question is... View More

Erik A. Perez
Erik A. Perez
answered on Oct 2, 2024

In order to terminate a lease in Florida, you either need consent from the LL or a basis under the Landlord Tenant Act/ Contract. In this case it appears you did not have consent. In order to have a basis under the statute, it appears you would have needed to send a 7 days notice to cure and... View More

1 Answer | Asked in Estate Planning for Florida on
Q: Can my Florida lawyer be my executioner for a will if I become a RI resident?
Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Oct 2, 2024

This is a question that would need to be answered by a Rhode Island attorney as it is the law of the jurisdiction where the testator resides at time of death that would be applied. As an example, Florida law states that a personal representative (executor) must either be related by blood or... View More

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How can I be reimbursed for estate and inherited property-related expenses if probate has been closed?

I am the named PR/executor in a will. There are two beneficiaries, myself and a sibling. The terms of the will are that everything is to be split 50/50 and that all estate-related and inherited property-related expenses are to be paid by the estate, not by me only. The will was admitted to probate... View More

James Clifton
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James Clifton
answered on Oct 2, 2024

If you've incurred expenses related to the estate and inherited property after probate has been closed, there are pathways to seek reimbursement, either through reopening the probate or directly addressing the division of assets.

If there are discovered assets or if further...
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2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How can I be reimbursed for estate and inherited property-related expenses if probate has been closed?

I am the named PR/executor in a will. There are two beneficiaries, myself and a sibling. The terms of the will are that everything is to be split 50/50 and that all estate-related and inherited property-related expenses are to be paid by the estate, not by me only. The will was admitted to probate... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Oct 2, 2024

If the summary administration is closed and the order determining homestead status or other order distributing the property out of the estate was already signed by the judge (meaning that the real property is no longer in the estate), and the real property was the only asset, it does not make sense... View More

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1 Answer | Asked in Estate Planning, Family Law and Probate for Florida on
Q: If a personal representative in Florida misappropriated funds/commits fraud against disabled beneficiary

We're removing PR and resending Letters of Administration due violations under 733.609. Beneficiaries are close blood related. One is permanently disabled. Is there a criminal code for defrauding - intentionally & knowingly, a disabled adult. Under 733.609 PR has violated every aspect of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 1, 2024

The PR is required to be represented by an attorney if there is more than one beneficiary to a Will. Since there are more than one beneficiary, the PR is required to have an attorney. First, why have not mentioned what conversations you've had with the PR's attorney? Second, chapter 733... View More

1 Answer | Asked in Domestic Violence for Florida on
Q: About two years ago My soon to be ex wife moved to down south Florida and filed a domestic violence injunction against m

Me and has presently filed violations of that injunction against me that aren't true and I didn't do well they had a hearing down there and said I did commit those violations and now I have two warrants from down south for writ of bodily attachment for the violations. And 2nd off when she... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Sep 30, 2024

You probably need an attorney or two, First off, the writ of bodily attachment is not a criminal matter: it usually indicates some kind of support issue. The writ can be resolved by paying a "purge" amount which bears some relation to the arrearage. You could get a hearing on the amount,... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My estranged husband has been sending harassing messages.

I've been separated from my estranged husband since December 2023. I tried to get the divorce earlier in 2024 but he refused to sign the paperwork out of spite; I paid for everything and only wanted his signature. He is an angry, abusive, and hateful alcoholic. After receiving harassing and... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 30, 2024

If you have filed for divorce then you have been assigned a judge. Schedule a hearing with the judge and explain what is happening. You may need to file a motion. It can be handwritten explaining why you want the hearing. Judges have a judicial assistant who you may be able to call on the phone for... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: My dad is in jail for a probation/cc violation he's been in there since the end of July, he denied the vop and they set

A vop evidentiary hearing and rescheduled it twice now. How long can they hold him in jail without actually charging or convicted him of the violations. And they have charges on his score sheet that aren't his, my father hasn't been in trouble in 36 years besides a traffic ticket.... View More

Rod Caruco
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Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2024

It sounds like your issue is very fact-specific, and I would encourage you to engage with a criminal defense attorney to dig in and figure it out.

Generally, a conviction comes with a confinement sentence that is suspended (probation). Think, for a misdemeanor, one year in jail, suspended,...
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2 Answers | Asked in Contracts, Civil Rights and Criminal Law for Florida on
Q: There is a contractor who repaired my house, he has recorded my meeting with him on audio (phone). without my permission

Can i sue him? If that recording is shown to judge I will have to pay $10,000 to him. Now what do I do?

Erik A. Perez
Erik A. Perez
answered on Sep 30, 2024

Possibly. It is a 3rd degree felony in Florida to intentionally intercept or record a private conversation without all parties' consent. As it relates to civil law, it is debatable whether you have a cause of action. I would recommend identifying the monetary damages you have suffered as a... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: I found out my neighbor's mobile home is partially in my property. What settlement options can I offer my neighbor?

I discovered that my neighbor's mobile home, well and driveway (all installed in 2022) is on my property from a survey. I got my property without title insurance in 2024, I am trying to sell this property. I talked to my neighbor, and they don't want to move the mobile home but are... View More

Fernando A. Prego
Fernando A. Prego
answered on Sep 26, 2024

Under Florida law, the encroachment of your neighbor's mobile home, well, and driveway on your property raises several legal concerns, particularly as it relates to your ability to sell the property. A potential buyer's survey during the due diligence period will almost certainly reveal... View More

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