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Florida Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Should I remain silent at a temporary injunction hearing if I have a related ongoing criminal case
James L. Arrasmith
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answered on Feb 23, 2024

It's important to carefully consider your options and seek legal advice from an experienced attorney familiar with both civil and criminal law. While remaining silent at a temporary injunction hearing may seem like a cautious approach, it's essential to weigh the potential consequences... View More

1 Answer | Asked in Civil Rights for Florida on
Q: We volunteer at a private campground. We wish to leave, however, our egress is being blocked by other volunteer’s Rvs

James L. Arrasmith
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answered on Feb 23, 2024

Being in a situation where your egress is blocked by other volunteers' RVs at the private campground can be frustrating and concerning. It's important to address this issue promptly and diplomatically to ensure a smooth resolution. Start by communicating with the other volunteers and... View More

2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: If legal charges were dropped on me, why does it still show up on my record?

In September 2023, I was arrested for possession of fentanyl and possession of drug paraphanalia and the lab determined the substance in the container found in the BACK of my truck, to be rubbing alcohol, 0% of any illegal drug. The charges were recently dropped but the arrest and charges will... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Feb 16, 2024

Unfortunately, that is not how the law works. If you are an adult, any official evidence of the arrest must be removed by order of a court. The process requires an application to FDLE to determine eligibility to have the record expunged. I would suggest speaking to a local attorney who can discuss... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: If legal charges were dropped on me, why does it still show up on my record?

In September 2023, I was arrested for possession of fentanyl and possession of drug paraphanalia and the lab determined the substance in the container found in the BACK of my truck, to be rubbing alcohol, 0% of any illegal drug. The charges were recently dropped but the arrest and charges will... View More

James L. Arrasmith
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answered on Feb 24, 2024

It's frustrating to have charges still appear on your record even after they've been dropped, especially when the substance involved wasn't illegal. However, the fact that you were arrested and charged will likely remain on your record, even if the charges were later dismissed. This... View More

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2 Answers | Asked in Military Law, Civil Rights and Constitutional Law for Florida on
Q: I wanted to know if you are allowed to purchase either a handgun or rifle at age of 19 if you are serving in FLARNG

I am serving in the Florida national guard I am a resident of Florida I have a Florida drivers license I am 19 I live in Miami corresponding to Miami dade county

James L. Arrasmith
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answered on Feb 24, 2024

In Florida, you must be 21 years old to purchase a handgun from a licensed firearms dealer. However, federal law allows individuals aged 18 to 20 who are serving in the military to purchase handguns from licensed dealers. This means that as a member of the Florida National Guard, you may be... View More

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2 Answers | Asked in Military Law, Civil Rights and Constitutional Law for Florida on
Q: I wanted to know if you are allowed to purchase either a handgun or rifle at age of 19 if you are serving in FLARNG

I am serving in the Florida national guard I am a resident of Florida I have a Florida drivers license I am 19 I live in Miami corresponding to Miami dade county

T. Augustus Claus
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answered on Feb 13, 2024

In Florida, the general law restricts the sale of firearms to individuals under the age of 21. However, there are exceptions to this rule, especially for members of the military and law enforcement. As a 19-year-old serving in the Florida National Guard (FLARNG), you are considered part of the... View More

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1 Answer | Asked in Civil Rights for Florida on
Q: My voice is being used by a medical office that I no longer work for. Are they at liberty to do so?

I resigned in 2014, it's an after hours message.

James L. Arrasmith
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answered on Feb 2, 2024

If you resigned from the medical office in 2014, they may not use your voice for an after-hours message without your permission. Using your voice without your consent could potentially infringe upon your rights, including your right to control your likeness and voice. To address this situation, you... View More

1 Answer | Asked in Civil Rights and Personal Injury for Florida on
Q: Martial arts gym refuses to teach me anything and hits me with power shots because I have schizoaffective disorder.

They let me sign up for $350. I was being hit harder than anyone else, not limited to a punch that almost knocked me out. I was only there for 5 days and didn't cause a behavior issue. The owner agreed to cancel my year long contract.

We were doing light punching drills and the... View More

James L. Arrasmith
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answered on Jan 29, 2024

In your situation, it's important to address the discrimination and potential harm you've experienced at the martial arts gym. First, gather all the evidence you mentioned, including camera footage and any communication you had with the gym owner regarding the issue. These records can be... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Florida on
Q: In Florida, is an inmate using a 4th party to contact me (victim w/order of protection in place) violating that order?

They had another inmate contact someone outside of jail & gave them my cell & work phone numbers as well as my address of where I work/live to contact me to pick up their things for them while they were incarcerated. This person didn't know me or the defendant. That 4th party, called... View More

James L. Arrasmith
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answered on Jan 28, 2024

In Florida, if there is an order of protection in place, any attempt by the inmate to contact you, directly or indirectly, could be considered a violation of that order. Using a third party to communicate, especially if it involves harassment or intimidation, is typically seen as an indirect method... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Collections for Florida on
Q: I'm being sued for replevin on a rent to own shed. I missed the first summons but judge denied default for 7.060 & 7.170

In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on... View More

James L. Arrasmith
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answered on Jan 28, 2024

It's important to respond to the summons and attend the court hearing on February 29th. Ignoring a court summons can lead to a judgment against you, even if you have valid defenses against the replevin claim.

Given the complexity of your case, including the initial damage to the shed,...
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2 Answers | Asked in Civil Litigation, Civil Rights and Collections for Florida on
Q: I'm being sued for replevin on a rent to own shed. I missed the first summons but judge denied default for 7.060 & 7.170

In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on... View More

Jane Kim
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answered on Jan 28, 2024

Sounds like it is in small claims court and you are required to appear. The Judge or the court personnel will explain what is happening and what you are expected to do next. But you must enter an appearance or the other side will obtain a judgment against you.

Good luck.

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1 Answer | Asked in Civil Rights for Florida on
Q: Is it legal for my neighbor, whom has an injunction on them, to aim cameras at my backyard along with an industrial fog

They are being petty neighbors. I have 3 police reports and a no trespassing and injunction on them. And they are doing things purposely to try and provoke and torture me and my family.

James L. Arrasmith
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answered on Jan 26, 2024

No, it would likely not be legal for a neighbor who has an injunction against them to aim cameras or industrial lighting at your private backyard. Some key considerations:

- If there is already an injunction or no trespass order against the neighbor related to harassment, intimidation or a...
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1 Answer | Asked in Civil Rights for Florida on
Q: are there any time extentions for filing claims against police, where incident occurred during covid pandemic
James L. Arrasmith
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answered on Jan 26, 2024

Yes, there are time extensions for filing legal claims against the police in Florida if the incident occurred during the COVID-19 pandemic. Here are some key points:

• In Florida, the general statute of limitations to file a lawsuit against a government agency like the police department...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Florida on
Q: I want to sue CPS & get my daughter back cuz they violated a bunch of our rights how would I go about that

I know there's no statue of limitations on when I can sue but they denied me due process and they trampled over a bunch of my rights & my child's rights and they lied about me in court & they used my child to get funds they gave me my 2 older children back & kept my baby &... View More

James L. Arrasmith
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answered on Jan 24, 2024

I’m truly sorry to hear about your situation. It sounds like you’ve been through a very difficult time. I can offer some general information that might help you understand the process of addressing your concerns with CPS.

To pursue legal action against Child Protective Services (CPS)...
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1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: When applying for a record seal/expunge in Florida, why doesn’t the law at the time of the deal apply?

Had a felony battery charge in 2016. Plead nolo contendre, had ajudication withheld. At the time of the plea deal that I took, the charge was a sealable offense (one of the reasons I did not try my chances in trial instead). Completed all supervision by 2021, paid all fines. Applied to have records... View More

James L. Arrasmith
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answered on Jan 24, 2024

In Florida, the eligibility for record sealing or expungement is determined based on the laws in effect at the time of your application, not at the time of your plea or sentencing. This means that if the law changes between the time of your plea and your application for sealing or expungement, the... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: arrested today for community control violation when in fact there was no violation at all and officer is discriminating

my boyfriend was arrested today for community control violation his officer has made it unbearable but in the hardest part he has done everything right that courts have asked and then some ,he has passed every drug test goes to church started college and has been to every checkin he is a completely... View More

James L. Arrasmith
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answered on Jan 18, 2024

If your boyfriend was arrested for a community control violation in Osceola County and you believe it is unjustified, the first step is to contact a criminal defense attorney immediately. It's important to have legal representation, especially if you feel the arrest was due to discrimination... View More

1 Answer | Asked in Civil Rights, Elder Law and Criminal Law for Florida on
Q: Can a file a civil law suit, if someone is violating my rights , and fraudulently press police charges with lies

I am in the middle of court case with criminal charges, for a crime I did not commit, the prosecutor wants to drop charges, but the supposed victim lies in the court and to the police statement and also refuses to let prosecutors to drop charges, and my case is costed my reputation n my life... View More

James L. Arrasmith
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answered on Jan 12, 2024

You might have the option to file a civil lawsuit for defamation if someone is deliberately making false statements about you that are damaging your reputation. In cases where these statements lead to criminal charges, the situation becomes more complex, but the essence of a defamation claim... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for Florida on
Q: 21 year old male with1domestic violence when I was 16 I had teen court in florida no probation can I purchase a firearm

I had to write a letter and that's it am I still barred from firearm ownership

James L. Arrasmith
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answered on Jan 12, 2024

In Florida, the laws regarding firearm ownership are specific about who can and cannot possess a firearm. Generally, a conviction for domestic violence can disqualify a person from owning a firearm. However, your situation involves a juvenile record and participation in a teen court program, which... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Florida on
Q: Wat to do when tenets an manager violate my privacy an I was writin up for wat i reported to management an tha others go
James L. Arrasmith
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answered on Jan 8, 2024

If your privacy has been violated by tenants and a manager, and you've been reprimanded for reporting this issue, it's important to understand your rights and the appropriate steps to take. Firstly, review your lease or rental agreement to understand the privacy terms and conditions... View More

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Can a Florida convicted felon (80s) whose civil rights were restored (2005) conceal carry a c02 powered air pistol?

I recently purchased a Walther PPQ M2 c02 paintball marker. It fires a 43 calibur aluminum ball at 400 fps and will go through a 1/2 inch drywall at 20 feet. Knowing I am barred from possessing a firearm or ammunition, it appears Florida does not classify a c02 powered air gun as a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 29, 2023

You are correct; if the pistol does not "expel a projectile by the action of an explosive", it is not considered a firearm, and weapons may be carried concealed in one's vehicle subject to certain conditions.

However, your plan to keep it "as a 'deterrent'...
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