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Florida Civil Rights Questions & Answers
1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: Can I win a suit for wrongful arrest I went to jail 2 day per envision attn without an arrest warrant for a civil case

I was arrested at my home lied to about having an arrest warrant they had gave me the wrong court date so when I missed and didnt complete there discovery because I had never been served any other papers to know I had a 19919.53 judgment against me for a car that was repo in 2016 the its a lot to... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 9, 2021

You are writing from Texas but are directing your inquiry to Fla. attorneys - but whether the event happened in Texas or Florida, you will not be able to get advice about this situation without scheduling a consultation with a civil rights attorney and presenting all materials associated with the... Read more »

1 Answer | Asked in Consumer Law, Workers' Compensation, Civil Litigation and Civil Rights for Florida on
Q: My friend lent his boss money, the boss picked a fight with him and fired him without paying him his money back.

There was no contract

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2021

Your friend may sue for repayment of the loan, with the option for first having an attorney send a demand letter. If the verbal terms of agreement were that the loan should be re-paid within a time period that was a year or less, the verbal agreement is enforceable.

1 Answer | Asked in Personal Injury, Workers' Compensation and Civil Rights for Florida on
Q: Injured on the job

I got injured on the job. Do I have to accept worker’s compensation or can I file a lawsuit?

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Sep 8, 2021

In most instances your employer will have worker compensation immunity from law suit. However, there are certain but rare circumstance where you may be able to file a lawsuit against your employer. In some circumstances, you may be able to pursue both a worker compensation claim and a lawsuit... Read more »

1 Answer | Asked in Real Estate Law and Civil Rights for Florida on
Q: Can a mobile home park evict a mental disabled daughter of the owner for a by -laws violation?

She came to stay in December. Receiving out patient care. Suffering from depression and PTSD. Needs more time to stay until able to maintain her own place.

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 20, 2021

It depends on if you own the lot your mobile home sits on or if you rent the lot as well as the language in any documents governing the mobile home park and your lease, if the lot is rented. Generally, if you rent the lot the landlord can evict you as well as your daughter for violations of the... Read more »

2 Answers | Asked in Civil Rights for Florida on
Q: I'm a black man who white woman was pretending I was trying to harm her inside at her place of employment what can I do
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 21, 2021

You have not given enough details to be sure, but it appears that this might be about criminal law, not civil rights. If so, you should confer with an attorney experienced in criminal law, ASAP.

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1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Will I go to jail if I’m a convicted felon and my roommate owns a gun?

I have been off probation for 3 years now. I have no access to the gun. I’m told it’s in lock box

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 15, 2021

Probably not; you don't "possess" it.

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got ran over by a garbage truck, got surgery months after.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2021

You want to contact a member of the Florida Justice Assn who handles malpractice cases in your county. They give free consults. However in some states the workers comp doctor is protected from malpractice claims!

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got surgery Very late. Incident happen on 12-11-19. Got surgery on 10-22-20.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 7, 2021

Of course, and you might prevail if you can prove negligence. Ask your worker comp. attorney for more information.

3 Answers | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Did my landlord violate my privacy?

So, I know I'm in the wrong too, but I need to see the best way to go about this. I have outside cats and just move where the landlord doesn't want animals, but they are outside cats. For my own reasons, I didn't mention it and just need a week or so for them to get use to their new... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 2, 2021

Sorry, but you probably violated your lease (which we cannot review here online), requested service and now are upset the landlord found out you have cats in his house. It is logical to check each AC vent when there is a complaint the AC is not working properly. A landlord in Florida has the... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I live in Jacksonville Florida. If I obtain my mothers permission to open carry visiting on her property can I legally?

My mother has snakes and pest problems on her land. If I'm visiting/helping yard work on her property can I open carry only on her property? Rattlesnakes, copperhead snakes, water moccasins, raccoons, armadillo, and gators venture semi frequently on her land and I don't wanna have to run... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 28, 2021

Perhaps not. Florida Statute 790.25 Lawful ownership, possession, and use of firearms and other weapons.—

"...

(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following...
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2 Answers | Asked in Consumer Law, Criminal Law, Family Law and Civil Rights for Florida on
Q: What does B.A.R mean?

I need clarification

Henry George Ferro
Henry George Ferro answered on Jun 24, 2021

The only thing that comes to mind is what separates the gallery from the area where lawyers work in the courtroom. The other is the organizations that are made up lawyers throughout the country.

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2 Answers | Asked in Civil Rights and Family Law for Florida on
Q: I need help I believe my civil rights have been violated by CPS

Hi my name is and I need some help CPS took my children without conducting a proper investigation...and had then split up and placed with family members..but when I ask about a case plan and when can I see them says I dont have a case plan and can't even get a chance to regaincustody...what... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 14, 2021

The State is required to give you due process with a plan to determine if you may regain custody. All you need to do to make sure you are receiving the process is that is due is to have an attorney represent you. If you can afford a private attorney, hire one NOW - search for attorneys handling... Read more »

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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: My Fiancé is being held against her will at her parents house. They won’t let her out. What can we do?

My Fiancé from Florida (21) wasn't allowed to leave on a trip with me. Her parents didn’t let her go we called the police but her father knew the officers. Could a lawyer get her out of the house safely? They tried to get her baker acted but she doesn’t fulfill the criteria as she is... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 10, 2021

Yes, schedule a consultation with a lawyer. If she is mentally competent, she may not be held against her will, even by her parents. On the other hand, bear in mind that, because she's an adult, her parents have absolutely no obligation to help her, financially or otherwise. So if she... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: can I sue a jail, or correction facility for wrongly and overly placing someone I know in the box for more than 9 months

He was first being taunted by white officers that I know the name of, making racial slurs and saying things like "my knee isn't on your neck, you can breathe. giving him 6 DRS in a row at once for no reason, and when he tried to fight it himself in the jail. he wasn't let out to do... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 5, 2021

You don’t have a cause of action.

1 Answer | Asked in Civil Rights for Florida on
Q: How can I find out who put a private investigator to hack into my information and give someone authority of my privacy

I just want to know and put a restraining order on that person

Charles M.  Baron
Charles M. Baron answered on May 25, 2021

By hiring your own investigator or cyber expert.

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: I live at 12701Placid Rd. For 20 years. With my mother. I had a stroke due to a blood clot in my heart February 2019.

So now i am have limited mobility and no use of my left arm.my mother defaulted on her land taxes and lost our home. I was moved out 9f my home and into a travel trailer in the back of the property. My mother stayed in the house with the new owner and his family. The travel trailer i live in sits... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 23, 2021

I suggest you contact Legal Aid as a starting point.

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Florida on
Q: can another judge dismiss a Habeas Corpus when a different judge has already excepted at face and designated it track 1

civil judge excepted the Habeas but the criminal judge took it and dismissed it with no hearing

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2021

Yes. Every circuit judge has the same power as all others in that circuit. The Habeas was issued by the Circuit Court, not by any particular judge; judges just sign them--or dismiss them, whatever.

2 Answers | Asked in Family Law and Civil Rights for Florida on
Q: Can I sue the state over the “substantial change in circumstances “ requirement for changing a parenting plan?

Florida requires a petitioner to prove there has been a substantial change in circumstances in order to request a change to a parenting plan.

Is this a substantive due process issue, in that the state should prove a compelling interest in requiring an “extraordinary burden” (Wade v... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 20, 2021

This is a pretty well settled area of law for a lot of reasons. There should be finality of judgments; however, in family law cases, the court can technically change final judgments via modification until the child is 18. Therefore, there is a legal standard that has been established for... Read more »

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1 Answer | Asked in Civil Rights and Employment Law for Florida on
Q: I lodged a discrimination complaint about my manager and had received 2 discipline statements since. Retaliation? Or not
Rhiannon Herbert
Rhiannon Herbert answered on May 11, 2021

In order to constitute retaliation, a complaint of discrimination must result in what's called an "adverse employment action." This is a legally defined term and includes such actions as termination, demotion, a cut in pay, or a transfer to a less favorable job. However, disciplinary... Read more »

1 Answer | Asked in Employment Law and Civil Rights for Florida on
Q: Can I get some advice about workplace retaliation?

My manager wrote a counseling statement on me shortly after I accused him of singling me out due to my age.

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on May 9, 2021

Both federal and state law prohibit an employer from retaliating against an employee for objecting to unlawful age discrimination. There a number of factual issues that would need to be addressed before anyone could provide "advice" on this matter.

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