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Florida Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Animal / Dog Law for Florida on
Q: I need my fur baby back, please

I was literally forced to give away my Bella, I am disabled and I have had my little girl for 8 years, she became my emotional support dog, I lost a child in 2003 Bella helped me with that loss, she got sick and I took her to an animal hospital, the vet told me she needed an operation that was... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 25, 2020

Makes no sense, and sounds like you've been defrauded. Are you saying that giving her to the shelter gets the dog FREE surgery, then the dog belongs to someone else?? - but for you, it would cost $5K?? Also, euthanizing, at most clinics, costs WAY LESS than $500. First, run back to the... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: I'm a bit lost as to if I need to file an eviction or unlawful detainer. The forms seem to be the same.

My situation is that I am trying to remove my brother and his girlfriend from my home. There is no lease. I am not seeking money from them. I just want them gone. I served them a certified notice to quit allowing over the 15 days to evict. That was on the 9th of October. They were suppose to be out... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 12, 2020

Read Fla. Statutes Chapters 82 and 83 (which are on-line) in their entireties. If you are still unclear on it after that, it's best to schedule a consultation.

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Florida on
Q: How does two party consent law apply when using a phone call in a criminal case that was not consented to by the other

Party

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 11, 2020

While the recording of the call might be considered illegal if in violation of the consent laws, it's use as evidence probably would not be excluded unless it was done by the government.

1 Answer | Asked in Civil Rights for Florida on
Q: I have been denied medical care because I refuse to wear a mask and get temperature taken. Can someone help?
Charles M.  Baron
Charles M. Baron answered on Oct 26, 2020

As far as legal help, no. The medical provider is legally entitled to protect its staff and other patients from potential Covid carriers, which is most of the population. Also, even when there's no Covid, the first thing done by medical staff is to take your temperature and other vitals,... Read more »

2 Answers | Asked in Civil Rights for Florida on
Q: Do I have a case and where can I find help?

Brief description of your legal issue:

White Springs Florida at the Department of Agriculture. I was a truck driver that was searched with no probable cause and wrongfully incarcerated... My charges were trafficking what was claimed to be MDMA, cannabis oil and 3 counts of paraphernalia. I... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 18, 2020

Sorry to hear about your ordeal. You have a few potential claims against various parties to be evaluated, and you should search for attorneys handling civil rights cases who take North Fla. cases and are admitted to practice in the U.S. District Court for the Northern District of Florida. (I... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Can a police officer detain me and demand ID because they say I look young and it's past a curfew for minors?

In the past, I have have officers stop me while walking down the sidewalk late at night and demand that I present ID to validate my age. I've always complied because it caught me off gaurd, and I wasn't confident enough with the law to assert myself.

In my state, police can only... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 6, 2020

If there is a curfew in your area, stopping people who, like you, appear to be under age is the only practical enforcement mechanism I can think of. Stores that sell alcohol are required to card people who appear to be under-age; same idea.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I live in Tampa, Florida in Hillsborough County. Can I legally put a body camera on my child on the school bus?

I have asked the county for a copy of the video footage from the school bus over a "mask" issue when my daughter was adjusting her mask and was given a "disciplinary letter". My daughter was called a liar when I asked the driver about the situation. One thing my daughter... Read more »

Henry George Ferro
Henry George Ferro answered on Oct 6, 2020

I don't see any reason, legally, that would prohibit you from doing so.

2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: How do I get rid of a misdemeanor warrant from a different state from 9yrs ago it’s stopping me from working decent job

I was 18 yrs old I was involved with human trafficking case in Chicago I was picked up in Miami fL charged with misdemeanor of prostitution although the judge knew I didn’t live there he still issued a warrant but I live in Chicago so they won’t expedite me for misdemeanor but I can’t get a... Read more »

Henry George Ferro
Henry George Ferro answered on Oct 1, 2020

Confront the charges, hire a lawyer...or continue to face the consequences for failing to appear in court.

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1 Answer | Asked in Family Law and Civil Rights for Florida on
Q: My daughter born in PR, but she lives with me in Florida. If she still a minor if she left the house without my consent

living with a Mexican without documents or citizen, she is 19 yrs

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 13, 2020

It doesn't matter where she was born, and the nationality of the person with whom she is living doesn't matter either. If she is under the age of 18 she is considered a minor in Florida.

2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: If a person is living at a home that belongs to them but place isn't in their name, can they say no to a search warrant
Charles M.  Baron
Charles M. Baron answered on Sep 9, 2020

"Belongs to them but isn't in their name" makes no legal sense. As far as the law is concerned, the property "belongs" to the person who has record title to the property. In any event, the issue for a search warrant is whether the description of the property to be... Read more »

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1 Answer | Asked in Civil Rights for Florida on
Q: I need to find a lawyer on behalf of my son who is in prison being abuse and it's being covered up

Can I file a law suit on my son behalf

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2020

Contact either the Florida Justice Institute - see https://www.floridajusticeinstitute.org (based in Miami)

or the Human Rights Defense Center - see https://www.humanrightsdefensecenter.org (based in Lake Worth).

Also, if your son is a mentally competent adult, you may not file...
Read more »

1 Answer | Asked in Traffic Tickets and Civil Rights for Florida on
Q: Primary and secondary offences

Does anyone know whats considered a secondary traffic offence in FL. I think texting while driving is. Are there any others. I keep finding conflicting information.

Thanks

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 6, 2020

In Florida, violations of mandatory seat belt laws are subject to "primary enforcement". To my knowledge, there is no "secondary enforcement" in Florida for any violation of the traffic laws. See... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: I had my vehicle towed to a mechanic shop to be fixed and then the mechanic lost my vehicle and failed to provide info

AAA towed my vehicle to a Ford dealership to have the mechanic fix it three weeks later my car is missing and no one can provide me any information on the whereabouts of my vehicle what can I do?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 4, 2020

You can file suit against the shop for the value of the vehicle.

1 Answer | Asked in Civil Rights for Florida on
Q: My options for an unlawfull traffic stop.

Was stopped for dark tint which is only a secondary offence in FL. So im unlawfully stopped, then the officer demanded i roll my back window down so he could visually look inside the vehicle. He didnt have a warrant or cause to visually search. I feel this was harrasement and my rights were... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 3, 2020

Since I haven't ever gotten this question before, I was curious about it and looked up the Fla. Statutes on car window tinting, Sections 361.2951 to 361.2956. There is nothing there indicating that unlawful tinting is a secondary offense (meaning an offense that can be ticketed only upon a... Read more »

2 Answers | Asked in Civil Rights and Real Estate Law for Florida on
Q: Can my aunt be sued for living in a house that is now foreclosed?

The title owner of the house passed - her sister (who was NOT put on the title) lived there for 10+ yrs. is now staying with me. She got served yesterday at my apartment. She just walked away from the house that is now foreclosed. She hasn’t a job and is collecting SS & food stamps. What do... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 2, 2020

The sister needs to consult with an attorney rather than you providing her legal advice you obtained online and could be misunderstood. There are options available, especially if the house has equity. The sister should consult with an attorney experienced in probate and mortgage foreclosure... Read more »

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1 Answer | Asked in Consumer Law, Products Liability, Business Law and Civil Rights for Florida on
Q: what are the laws regarding recording calls, outgoing & incoming? Do we need to provide a disclaimer? or just inform?

Do we need to make a disclaimer for both outgoing and incoming calls? or let the person know they're on a recorded line during outgoing phone calls? or both? If so, Is there a specific disclaimer that is best for legality purposes?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 26, 2020

Wow. I am surprised you had to ask this question in August 2020, what with all the calls being made to and from all kinds of banks, credit card companies, insurance companies, police departments and government agencies and many other entities that routinely tell people that the call is being... Read more »

1 Answer | Asked in Civil Rights and Education Law for Florida on
Q: Legality of This

I’m a high school student in Florida. My teachers are saying that theyre going to require webcams and record us because of online learning. As someone who values their privacy, this is very concerning to me. Is this legal?

Charles M.  Baron
Charles M. Baron answered on Aug 25, 2020

While it's generally not legal in Fla. to audio-record someone without their consent, I imagine that the school has made your consent (or your parents' consent on your behalf) a condition of attending the school.

1 Answer | Asked in Animal / Dog Law and Civil Rights for Florida on
Q: Me and my emotional support animal was deined housing

Me and my emotional support animal has been deined housing. i have emails to show they asked me to fill out pet forms and then deined me after I would not fill them out. When someone has an emotional support animal or a service dog by law no one can make u fill out a pet form. Why because service... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 24, 2020

One of your first mistakes was refusing to fill out the pet form. I don't know what questions were on that form, but I believe you were probably incorrectly claiming that it was against the law for them to ask you to fill it out. If you claim that the animal is an "emotional support... Read more »

2 Answers | Asked in Consumer Law, Civil Litigation and Civil Rights for Florida on
Q: My wife suffers from TBI. She suffers from a lack of impulse control. She has been spending money like crazy.

She took a loan out from a high interest loan company. She refuses to give me any details. The loan payback is now up to &10,000. She also put her car up as collateral. They have taken advantage of her disability. We live in Florida. What are the ADA laws against this?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 11, 2020

The ADA (Americans with Disabilities Act) has nothing to do with your wife's apparent mental condition. Nor am I aware of any other federal or state law that could help you stop your wife's uncontrollable behavior.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Florida on
Q: Can a judge go and talk to the jury during deliberation without his black robe on.

I ask why is court reporter way on the other side of the room and not taking notes. To record our meeting we had in the middle of the court room, During deliberation. It was me my pd state atty an the judge. No court reporter. Before trial started my pd and me had a meeting in attys booth.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 9, 2020

Yes, the judge can talk to the jury without wearing the robe. The robe is just cosmetic.

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