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Florida Civil Rights Questions & Answers
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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1 Answer | Asked in Civil Rights for Florida on
Q: I voluntarily baker acted myself in 2018 and was released in under 24 hrs. Never been in trouble and still can’t get CWP

It was voluntary and I’ve never been arrested prior and until currently. They won’t let me get a cwp

James L. Arrasmith
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answered on Dec 27, 2023

In the context of the Baker Act and its impact on obtaining a Concealed Weapon Permit (CWP), it's important to understand that each case has unique aspects. The Baker Act, particularly when it involves voluntary admission, can influence your eligibility for a CWP, but this depends on specific... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Family Law for Florida on
Q: How do I file an invasion of privacy motion in a civil family law case?

My sons father held my phone hostage while I was in the Emergency Room and went through my phone, without my consent through years of texts, social media and personal data. Sent himself the private communication, then contacted family relatives with false accusations and shared these images... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Florida, the situation you're describing concerning the invasion of privacy by your son's father is serious. To address this within the legal system, there are a couple of steps you can take.

Firstly, you can consider filing a motion in your existing family law case,...
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1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Can I file a civil suit and/or criminal suit in Georgia over constant phone harassment from a non profit organizations.

I used to lived there from the year 2018 and the harassment started around 2021 to present day. I no longer live in Georgia so I know the calls not from potential job opportunities or doctor offices. I already asked multiple times to be removed from the call list but they have ignored my multiple... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Florida, dealing with constant phone harassment from a non-profit organization can be both frustrating and disruptive. You have the right to take legal action in such situations.

For the civil suit aspect, you could potentially file a lawsuit for harassment or invasion of privacy....
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1 Answer | Asked in Civil Rights for Florida on
Q: a lawyer failed to follow up on my civil rights case that i signed a retainer with. she filed then complaint
James L. Arrasmith
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answered on Dec 23, 2023

In Florida, if your attorney has failed to follow up on your civil rights case after filing the complaint, this could be a concern. It's important for an attorney to actively manage and progress a case after initiating legal action.

First, try to communicate with your lawyer directly....
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2 Answers | Asked in Civil Litigation, Criminal Law, Personal Injury and Civil Rights for Florida on
Q: My father was arrested in 2020. An officer came to his house to serve a subpoena for an upcoming hearing for myself.

The officer opened a closed gate and enter into my father's property. My father was inside his home in the kitchen which is approximately 12 feet from the front door. The HVAC air handler is located in the kitchen and my father was working on cleaning the unit at the time. The officer claims... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 21, 2023

For your father to determine if he has potential valid claims for false arrest/false imprisonment and/or malicious prosecution, he must schedule a consultation with a civil rights attorney in his area. There is no way to get a reliable answer to this question in any online forum. For a lawyer to... View More

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1 Answer | Asked in Landlord - Tenant and Civil Rights for Florida on
Q: I live in FL inshared room,who put camera inside front door where we exit and enter, and where I personally get dressed
James L. Arrasmith
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answered on Dec 15, 2023

In Florida, the use of cameras in private living spaces, especially in areas where individuals have a reasonable expectation of privacy, is a sensitive legal issue. If a camera is placed in a shared living space, such as a room where you get dressed, this could potentially violate privacy laws.... View More

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I was arrested in Florida and charged with misdemeanor resisting arrest without (no prior criminal history of ANY KIND)

Arrested 23 months ago resisting arrest without violence) I've already had 1 mistrial (jury couldn't reach a unanimous decision). This prosecutor won't let this go, so I'm going to trial AGAIN, 86 days after the mistrial. I never waived my speedy trial rights, and suddenly only... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 13, 2023

What are the reasons your lawyer (APD) has formed a professional opinion that you will likely lose if you take the case to trial? (And I assume that his/her opinion on that is accompanying his/her advice about plea negotiations.) That's the first step in analyzing your situation. Does the... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: Should I sue the lee county sheriffs department for police brutality if they BEAT the Holy Crap out of me in front of se

Security camera in front of 7-11 on pineridge rd.

James L. Arrasmith
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answered on Dec 8, 2023

If you believe you have been a victim of police brutality, it's important to first seek medical attention for any injuries you may have sustained. Documenting your injuries through medical records is a crucial step in building your case.

Next, consider consulting with an attorney who...
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3 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: If I am paying for a room out of pocket that is not a rental do I have a right to privacy?

I moved in with a family member they gave me this list of expectations & one was I have no expectation of privacy yet I'm paying for the space with my own money but he claims its not a rental so I have no expectation of privacy is this legal?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 7, 2023

One can pay to stay in, for example, a bunkhouse with a number of beds in the same room and a common bathroom. The privacy expectation for that would obviously be different than if you rented a room with a private bathroom, kitchen, etc., or an apartment, or a house. In other words, if you... View More

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3 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: If I am paying for a room out of pocket that is not a rental do I have a right to privacy?

I moved in with a family member they gave me this list of expectations & one was I have no expectation of privacy yet I'm paying for the space with my own money but he claims its not a rental so I have no expectation of privacy is this legal?

Charles M.  Baron
Charles M. Baron
answered on Dec 7, 2023

If the arrangement is for you to make regular periodic payments (for example, weekly or monthly) in exchange for the space, you are a tenant, which legally makes it a rental. Regardless of it being a rental or not, everyone has a right of privacy to a certain extent. For example, it would likely... View More

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3 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: If I am paying for a room out of pocket that is not a rental do I have a right to privacy?

I moved in with a family member they gave me this list of expectations & one was I have no expectation of privacy yet I'm paying for the space with my own money but he claims its not a rental so I have no expectation of privacy is this legal?

James L. Arrasmith
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answered on Dec 7, 2023

In Florida, even if a living arrangement is not formally recognized as a rental, you generally have some expectation of privacy, particularly in areas exclusively used by you. Paying for a space, even within a family member's home, typically grants you certain rights similar to those of a... View More

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1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Florida on
Q: Are homicidal threats and a baker act a legal reason for termination?

Hello

I was recently fired from my job after being baker acted on the job. I texted the crisis hotline explaining to them I was having homicidal thoughts about killing my coworkers. The police arrived and took me in, I went willingly. When I was released from the hospital 72 hours later I... View More

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answered on Dec 5, 2023

In Florida, the situation you describe is complex and involves several legal considerations. Employers have a duty to maintain a safe workplace, and expressing homicidal thoughts about coworkers can be seen as a serious threat to workplace safety. This could potentially be a legitimate reason for... View More

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Florida on
Q: My mom won’t end charges on my bf since but I want to end them, I’m 17 I need consent frm parents, anyway around it?
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answered on Nov 24, 2023

In Florida, if you are under 18, your ability to influence criminal charges, especially those filed by someone else, like your mother, is limited. Since you're 17, you're considered a minor, and typically, the decision to pursue or drop charges in a criminal case is up to the prosecutor,... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: I spent 3 extra years in prison because of false convictions for violence on my PSR.Can I sue the BOP for those years ?

Not until I Filed in court was I granted release.

James L. Arrasmith
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answered on Nov 24, 2023

In Florida, if you were incarcerated for an extended period due to false convictions noted in your Pre-Sentence Report (PSR), you may have grounds to pursue legal action against the Bureau of Prisons (BOP). However, suing a federal agency like the BOP involves complex legal challenges, including... View More

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