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Florida Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Can I sue the sheriff's department for excessive damage done to my home during the execution of a search warrant?

Every window, door, window and door frames, main structure beams and much much more was unnecessarily damaged!

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 27, 2021

If you own it, yes; if you are renting the place the answer is no because you do not own it.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Products Liability for Florida on
Q: What are the legal limitations when it comes to damages done to a home during a search by the police?

My rental property was destroyed to the point that the house is now unlivable. They broke every window in the house, tore all doors off and damaged the structure. Broke beams

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 27, 2021

Since you are renting you do not own the premises, so report all of this to your landlord or their agent.

1 Answer | Asked in Family Law and Civil Rights for Florida on
Q: Am I being Abused?

For a while I have struggled with some issues throughout my family, and now I have came to the internet to see if my "problems" are actually signs of abuse. I've listed some of my situations below, and if I am being abused, what do I do?

Today, I went out on a walk without... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 17, 2021

The things you list don't appear to be child abuse. However, the incident of your father threatening to hit you in the mouth and then hitting you on the arm may be.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Insurance Bad Faith for Florida on
Q: Is a Bails Bondsman allowed to hand cuff you, put you in a dark room, force the person signing for your bail to go to

their vehicle and get the purse of the person on bail and make the signer get into the purse and pull out a credit card and run the card for 3500 dollars and then bring the person on bail out to the desk still handcuffed and force them to sign a collateral receipt and take 50 dollars cash from the... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2021

For this issue, you must consult a criminal defense attorney (either hired by you or court-appointed). Bail bondsmen have certain limited powers to detain a defendant who has failed to appear in court while on bond. Whether the one in your situation went beyond their legal powers is a question... Read more »

1 Answer | Asked in Civil Rights, Federal Crimes, Government Contracts and Wrongful Death for Florida on
Q: What is the best way to find/establish a lawful team to sue a prison for negligence, wrongful death, & other violations?

Prison Location: North Carolina

My Location: Florida

Relation to deceased: Daughter

Date of Death: 10/18/2020

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2021

So sorry to hear about your daughter. Since this happened in North Carolina, you must search for an attorney in that state. Look for attorneys handling civil rights. Options: (A) Click on the Justia find-a-lawyer tab up top; (B) Search the National Lawyers Guild site at... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Can someone tell me a recent case of violation of the fourth amendment because that person detained and inspected?

It's a project for school and Google won't show me concrete results and I'm not sure which websites I can trust! Would love someone's help!

Henry George Ferro
Henry George Ferro answered on Dec 9, 2021

This is not the purpose of this site and anyone answering this question would be assisting you on “cheating.” Good try but you need to use something other than google to obtain research for your school project and/or learn to better frame your searches.

This is a question best answered...
Read more »

2 Answers | Asked in Civil Rights for Florida on
Q: Do you have to answer “yes” if a police officer asks you if you’ve ever been arrested if the prior charge was dismissed?

If you were arrested, but the charge was expunged / dismissed / or adjudication withheld, and then in the future a police officer pulls you over and asks you if you’ve ever been arrested, are you required to answer “yes”?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 3, 2021

No. The only thing you have to do is, if requested, show the officer your license, registration, and proof of insurance.

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1 Answer | Asked in Civil Rights for Florida on
Q: Hello is asking someone if they have hiv because it was heard from someone else ilegal can they sue you for that?

I heard someone had hiv and I just asked them now they said they are going to sue me for asking is this possible?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 1, 2021

No, you are not liable. If whoever told you is sued, and the rumor is false, that person may be liable for defamation if the report is untrue and "they" can prove damages.

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Juvenile Law for Florida on
Q: corroborating evidence. How is it used exactly and what does it consist of. Dependency fl

At the adjudicatory hearing even though I was there at 9am as scheduled, although all other parties were provided with links to attend via voom, I didn’t leave the building till 3:30 that day without seeing the judge and when I asked what was going on the bailiff said I couldn’t speak to the... Read more »

Jane Kim
Jane Kim answered on Nov 28, 2021

Are you talking about a child custody issue? Why don't you repost it under family law. And in any event, clearly you need a lawyer.

1 Answer | Asked in Civil Rights for Florida on
Q: Can I file multiple civil law suites in one complaint ? Can I sue individuals involved in same suite?
Michael  Mayoral
Michael Mayoral answered on Nov 12, 2021

Consult an attorney because it depends on the facts of your case/dispute, but generally speaking, yes.

Florida Rule of Civil Procedure Rule 1.210 - PARTIES, states as follows:

(a) Parties Generally.

...

All persons having an interest in the subject of the action...
Read more »

4 Answers | Asked in Employment Law and Civil Rights for Florida on
Q: Can my job force me to get a COVID-19 vaccination?

I am a remote worker based out of Tampa, Fl. I am assigned to a medical center in Barre, MA. I am actively trying to become pregnant and there is not enough data on how COVID can affect my pregnancy or child. Not to mention long term affects of the vaccine itself. As a healthy 30 year old female... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Nov 18, 2021

To clarify the previous responses, the Florida legislature has passed a bill that will prohibit a private employer from imposing a COVID-19 vaccination mandate for any full-time, part-time, or contract employee without providing individual exemptions that allow an employee to opt out on the basis... Read more »

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3 Answers | Asked in Civil Rights for Florida on
Q: Can room service call the police on someone if they say they saw a gun in my room
Michael  Mayoral
Michael Mayoral answered on Nov 4, 2021

Generally, anyone can call the police on anyone for any reason.

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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Florida on
Q: In the state of Florida is it a law that you have to press charges on your abuser with an open CPI Case?

They are trying to take not give me back my kids what type of lawyer do I need to hire to sue the are doing discrimination of me and my Rights

Michael  Mayoral
Michael Mayoral answered on Nov 3, 2021

It is not a Florida law that says that you must press charges, however, generally speaking, the Florida Department of Children and Families can remove a child from a home if they can show the home is dangerous for a child because of ongoing domestic violence. You should consult with a family law... Read more »

1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Litigation and Civil Rights for Florida on
Q: I was arrested at my home illegally, I submitted my footage and complaint to professional Standards and a sustained…

Finding was reached. I filed a motion to dismiss on grounds of violations of my 14th amendment, not only for the illegal arrest but the Sheriffs dept, sent me a notice of my warrant, I communicated back and decided to go a more refined way and file a motion to quash Capias, it was sent back by... Read more »

Henry George Ferro
Henry George Ferro answered on Nov 1, 2021

Notice to the agency is required by Florida Statutes, must be filed within three years of the occurrence and the dept of financial services must also be served. You should also hire a lawyer to do this and handle this matter for a myriad of good reasons.

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Florida on
Q: I’m got put on felony probation but my felony charge for noell processing why

My felony got noell processing and my misdemeanor got held so why did I get out on felony probation

Henry George Ferro
Henry George Ferro answered on Oct 27, 2021

Sounds like a plea bargain…probation is probation regardless of who is doing the monitoring. Felony probation typically exceeds twelve months, while misdemeanor probation is typically less than twelve. Regardless, you are being supervised by a state/county agency for the time period the judge... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: Can a written statement be presented to a judge and attorneys pre-trial explaining a mental disability?

My husband has a fatal genetic disease that destroys the part of the brain where reasoning and rational thinking is processed. He is considered severely mentally ill. He has an upcoming case to reduce or eliminate alimony due to losing 1/3 of his income. We have presented clear need for reduction... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2021

Evidence regarding his disease probably can be presented at the hearing, assuming it is an evidentiary hearing. But be careful trying to present a "written statement" as evidence; that would probably be regarded as inadmissible hearsay and opinion by a non-expert (if you try to testify... Read more »

1 Answer | Asked in Civil Rights, Estate Planning, Construction Law and Municipal Law for Florida on
Q: In Eatonville FL, we need to know if there are exceptions for Code of Ordinances, sec. 60.77, such as noise or privacy.

We live in a corner lot, and we would like to build a 6 foot fence on the property perimeter. We'd like to know how far can we take the fence to the line property, and if we can consider one of the "fronts" of a corner property as a "side". Only the "main"... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2021

The Eatonville Code of Ordinances is here:

http://eatonville-fl.elaws.us/code/coor

A brief review of it doesn't reveal any problem with what you want to do, but of course you should contact the Planning Department and get a permit. They should be able to guide you.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Can a felon tow a girlfriends travel camper if the girlfriend has a pistol locked in a secure box unloaded in the campe?

Truck: Registered to Felon

Camper: Registered to girlfriend

Gun: Located in safe in camper

Girlfriend has ccw and wishes to bring her gun on the road trip from Fl to CO and me being a convicted felon dont think that its safe. She suggested she keep it in the camper unloaded... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 24, 2021

Yes, she can do this, assuming she complies with the laws of each state the two of you travel through. Whether you, as a convicted felon, can get in trouble is another story.

1 Answer | Asked in Real Estate Law, Business Law, Civil Rights and Sexual Harassment for Florida on
Q: The Apartment complex we live in seems super sketchy please help!

We Live in volusia county florida, my fiancée and I are disabled, my fiancée is pregnant, lots of code violations unresolved, apartment complex has come under new management, both old and new show extreme bias against the LGBTQ+ (I am transgender, my fiancée is genderfluid manager and... Read more »

Linda Liang
Linda Liang answered on Oct 23, 2021

Is your question what you can do to renew the lease with them? The only ground on whihc you could get them to renew is to prove that, other than you are transgender, they have no reason not to renew the lease. With that being said, you have had no conduct in violation of codes or you have been... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Am I able to own a gun in NC if i had a felony arrest in FL that resulted in a plea of nolo contendre and adjud. withhel

I Successfully completed probation sentence and firearms were returned to me by fl sheriffs department. I can currently own them in Fl but i am not sure in NC. Will northcarolina recognize Floridas with hold of adjudication especially if the plea was nolo contendre?

Michael  Mayoral
Michael Mayoral answered on Oct 22, 2021

This is a very good question and it is very important that you figure this out before you possess a firearm in North Caroline. I handle many firearm-related cases and I can tell you that the consequences of being arrested for being a felon in possession of a firearm can be severe. You can be... Read more »

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