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Florida Civil Rights Questions & Answers
1 Answer | Asked in Tax Law, Legal Malpractice, Civil Litigation and Civil Rights for Florida on
Q: What can I do if my tax preparer didn't file my taxes and won't provide documents?

I hired someone to file my 2022 taxes and review prior years (2017-2021) for accuracy. My family and I paid her over $6,000. She failed to file my parents' 2022 taxes resulting in penalties and fees and refuses to provide documentation or refunds. I have text messages as proof of my requests,... View More

William T. Harmon
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answered on Feb 13, 2025

Any documents you provide to tax preparers, you are entitled to have back. You can also refer this person to the office of professional responsibility, which could result in some disciplinary action. If the individual is a CPA from GA, you can contact the board of accountancy there to file a... View More

3 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Florida on
Q: Does anyone take circuit civil cases probono i need help in st johns

Can provide case information if you can help

Charles M.  Baron
Charles M. Baron
answered on Jan 21, 2025

Your first attempt to see if you can receive pro bono legal assistance is to find and contact your local office providing legal services to indigents. It may be called either Legal Services or Legal Aid, depending on what's in your area. If no luck there, try the local bar association for... View More

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2 Answers | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Florida on
Q: HOA Florida statute 720.3035 1. updated on July 1st, 2024 "limits or places requirements on the interior of a structu

Florida statute 720.3035 "1. limits or places requirements on the interior of a structure that is not visible from the parcel’s frontage or an adjacent parcel, an adjacent common area, or a community golf course." went into effect on July 1st, 2024. Does this mean HOAs can no longer... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 18, 2025

The statute that was in effect at the time your restrictive covenants were recorded is controlling. New statutes generally do not apply retroactively.

You should consult with a community association lawyer to review your HOA documents (all of them) and the law that existed at that time...
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2 Answers | Asked in Civil Rights, Family Law and Foreclosure for Florida on
Q: If your attorney through civil matters has now stepped down because of an alleged embezzlement. What is the client right

This could become federal but the civil filing continues to know I have no attorney because of the facts above

Charles M.  Baron
Charles M. Baron
answered on Jan 17, 2025

Sorry to hear you are going through that ordeal. Your inquiry is vague as to whether you or someone else is the embezzlement victim, but I'm guessing from your wording that your lawyer had to withdraw from your case because he/she has been charged with a crime against someone else, and the... View More

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3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Police lie about having a warrant

OK so the detective accessed my cousins phone and found incriminating evidence. The forensic unit ''cracked'' the phone then the detective got a search warrant 4 months later(her words in the depo). But when the detective wrote the complaint affidavit for the new charges she... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Jan 16, 2025

What you've described could support post conviction relief (PCR). It could be important whether your cousin was tricked into "consenting" to a phone search. The State would argue that no search warrant is needed for a consensual search. It might be significant how long ago these... View More

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2 Answers | Asked in Civil Litigation, Gov & Administrative Law, DUI / DWI and Civil Rights for Florida on
Q: Are you a Florida lawyer I was arrested on a charge of driving while license suspended which the DMV vacated

Before the arrest officer's still arrested me on suspension which was vacated just to do a illegal search

Michael Rubin
Michael Rubin
answered on Jan 8, 2025

if the officer relied in good faith on information provided to him by dispatch, the stop is probably okay, if the DMV information had not caught up, but, if you now have a valid license, the case will likely be dismissed by the State or something similar. The second issue you raise concerning the... View More

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2 Answers | Asked in Civil Litigation and Civil Rights for Florida on
Q: My exboyfriend wont give me my keys to my car could I call pop a lock to make a key if I have the title in my name

The car is next door at his neighbors house

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2024

I assume you mean that you not only wish to change the vehicle lock, but you also wish to take exclusive possession of the vehicle. Whether you can lawfully do that depends on the facts surrounding the vehicle not currently being in your possession, and you did not provide any of those facts here.... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for Florida on
Q: For the USA Constitution 9th Amendment, it should allow an individual person the right to privacy if possible?

Privacy If Possible as an individual right is not mentioned in the other amendments. All aspects of privacy should be mentioned as a way to allow an individual person to choose who or what to associate with. The first amendment addresses consent to join a group or organization. I am wondering if... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 10, 2024

Are you asking just an academic question, or you have a real-life situation that you need assistance with? If it's the latter, you'd need to provide some factual context to obtain any meaningful information. As a purely academic matter, it is the First Amendment that provides freedom of... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Federal Crimes for Florida on
Q: is it unconstitutional to be arrested 30 yrs after a crime that you have already plead to and done your time?

My fiance was in his last year of high school and had sexual contact with the schoolmate who was 15 more than once it was sentenced to 5 years to register on the sexual registry for two counts of sexual contact with a minor but law was revised after he was sentenced and made him a lifer he lives in... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 13, 2024

There's a bad news opinion about that issue from the US Supreme Court, but to be certain, your fiance must consult a criminal defense attorney who handles sex offender cases. In the 2003 Supreme Court case Smith v. Doe, a retroactive state statute on registration requirements was challenged... View More

3 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Someone working at a dollar general grabbed my throat and I shoved him away is there anything I can do?
Charles M.  Baron
Charles M. Baron
answered on Oct 22, 2024

If someone grabbed your throat, and it was not for self-defense purposes, you are a crime victim, so you may contact the police in the jurisdiction for the store. They should then investigate to determine if the aggressor should be charged with battery. I am assuming from your description that... View More

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2 Answers | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: How can I protect myself if my opposing party IS city hall?…and friends…?…and family members…?

myself and safely get my children returned to my custody after 3 years of a battle against the court employees and authorities, who ARE running this town, my childrens cases, no due process exists and judges simply don't respond to emergencies modification custody? Not even a personal letter... View More

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

Based on the allegations, it would be in the best interest of the child(ren) that you request the Court to appoint a Guardians ad Litem (GAL) to advocate for the minor child(ren). The Guardians ad Litem will have the ability to review all the evidence and prepare a report and send to the Judge... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Florida on
Q: Can my friend sue for negligence after a detox facility and police mishandled his Baker Act?

I helped my friend check into a detox and mental health facility one afternoon. The next morning, when I called to check on him, they had no idea where he was. I later learned from a corrections officer friend of mine that my friend was in jail for petty theft… stealing water and a sandwich,... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 13, 2024

You are obviously a very good friend to that person - but your friend must be the one who seeks legal advice. You may assist your friend by looking for a lawyer for him to consult with, and your friend can include you in the communications with a lawyer if he wishes, but it would not be lawful for... View More

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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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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
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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2 Answers | Asked in Civil Rights for Florida on
Q: Can some one video record me and my children coming into our apartment while we are conversating in the state of Florida

The neighbors who couldn't be seen yet his phone could be was recording us while we were talking after school coming into our apartment.

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

It depends on how public or private the setting is. Audio recording a conversation in a place where there's an expectation of privacy is a crime in Florida. That is something that should be reported to the police. Video (without sound) may or may not be lawful depending on the... View More

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2 Answers | Asked in Civil Rights for Florida on
Q: My mom made a callout post on instagram with a picture of me attached. I don’t want her using pictures of me for this.

I’m 18 and I don’t know how to go along with handling this. She constantly threatens to kick me out for shutting down her mistakes when she involves me. I just want advice of how I’d deal with this so I can rest easy knowing I won’t be in danger because of her actions online.

Charles M.  Baron
Charles M. Baron
answered on Aug 28, 2024

If you were not in a public place when your photo was taken, it's unlawful for someone to publicly post your image without your consent, and action may be taken to put a stop to it. However, regarding your mom's threat to remove you, an adult, from her home, she has the legal right to... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Can I go to the gun shop with my son?

We don't live together, he just wants my insight on what gun he should get

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 18, 2024

There is in general no prohibition against either if you going to the gun shop, either together or separately. It is unclear what difference you suspect it might make that he is your child or that you don't reside together. One could go shopping with a complete stranger; again, it makes no... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Do I need to provide video evidence to the police after I file a complaint against them?

The police are investigating our complaint of negligence, assault & battery, and trespass. A lawsuit has not been filed yet. They have asked if video evidence exists. Do I need to provide now or wait for the lawsuit and provide as part of discovery?

James L. Arrasmith
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answered on Jul 20, 2024

You are not obligated to provide video evidence to the police immediately upon filing your complaint. You have the right to withhold evidence until a lawsuit is formally filed and the discovery process begins. This allows you to present your evidence in a controlled legal environment.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: If I have 14 year old felonies in Florida… can I own a black powder pistol for home security and defense?

I would also like to get my rights back to bear arms… in Florida… how successful is it with a specialized attorney in actually getting your gun rights back… with no violence and no gun charges in my history…?

James L. Arrasmith
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answered on Jun 29, 2024

In Florida, felons are prohibited from possessing firearms, including black powder pistols, regardless of how old the convictions are. This includes firearms defined under federal law, and black powder pistols fall into this category. So, you cannot legally own a black powder pistol for home... View More

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