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Florida Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Family Law for Florida on
Q: How can I prove my adult son is being abused mentally and controlled by my aunt's husband while on medication

My son went to my aunt's house cause he was homeless not to be abused what can be done through the court?

Charles M.  Baron
Charles M. Baron
answered on Nov 19, 2023

Your inquiry is vague regarding the words "abused" and "controlled". Certain types of abuses are crimes to be brought to the attention of law enforcement. For example, if he's being held against his will, that would be a crime. If you're NOT talking about something... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: If I know I have a strong case to pursue a lawsuit against dcf, how do I proceed? What kind of attorney do I need

Long story short, I lost two sons in an accident and one survived they were in the care of their father who survived as well. CPI became involved when I brought my surviving son home from the hospital. I was the non offending parent but that quickly changed once me and the cpi worker had a... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 19, 2023

Sorry to hear about your terrible ordeal. The legal grounds available to sue DCF are very limited due to various legal obstacles, such as immunity from certain grounds that are available to sue certain other governmental entities. In some limited circumstances, there are potential grounds to sue... View More

1 Answer | Asked in Civil Rights and Family Law for Florida on
Q: Why can't I see my 26-year-old son if there is no legal reason why I cant

My adult son age 26 has been living with my half-aunt and her live-in man friend due to my husband and being homeless for a year now. Things do not look good from what we can understand thats going on in my aunt's house communication by phone from my son or any aloud visits for no legal... View More

James L. Arrasmith
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answered on Nov 18, 2023

It's understandable that you're concerned about your 26-year-old son and his living situation. In general, adults have the legal right to make their own choices about where they live and who they associate with. If there are no legal restrictions or court orders preventing you from seeing... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Time limit to sue for detention in Polk FL jail beyond official release date?

Due to an admin error, my nephew was detained at least 60 days beyond the date he should have been released.

T. Augustus Claus
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answered on Nov 14, 2023

The statute of limitations for filing a lawsuit against the Polk County Jail for false imprisonment is two years. This means you have two years from your nephew's release to file a lawsuit.

False imprisonment is a serious offense, and the Polk County Jail could be liable for damages if...
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1 Answer | Asked in Libel & Slander and Civil Rights for Florida on
Q: Trying to see what type of Lawyer I would need to see about filing a suit for a wrongful conviction on a VOP in Bradford

Probation Officer falsified information on a drug screen, accused me of being a drug addict and I have never had drug charges in my life, I was on probation for DWLS. Probation officer poured out original urine sample out in the sink in front of me after telling him I wanted it sent to lab, was... View More

James L. Arrasmith
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answered on Jan 13, 2025

You should look for a lawyer who has experience with wrongful convictions and civil rights cases. These attorneys understand the complexities involved in challenging legal decisions and can navigate the system effectively on your behalf.

It's important to find someone who has...
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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Gov & Administrative Law for Florida on
Q: Can a Court hearing for trespassing appeal be held in City Hall (Florida and is the ruling if not favorable legal?

The “Judge” was a local Attorney hired by the City titled as a “Hearing Master” with a City Police Attorney as their prosecutor

Michael Rubin
Michael Rubin
answered on Jan 8, 2025

yes this happens all the time and as long as the trier of fact can remain objective and neutral, there is no illegality

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1 Answer | Asked in Landlord - Tenant, Civil Rights and Small Claims for Florida on
Q: My landlord is witholding my security deposit illegally. I informed her in time and left the Apt. in optimal conditions

I took the apartment in uninhabitable conditions on February, 2023. Under the agreement to make the necessary repairs and pay a monthly rent of $1,634.00 adjusted to meet the cost stipulated by the Miami Beach Housing Authority (see attached agreement sheet) And that the total cost to be paid for... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. Start by gathering all your documentation, including the lease agreements, communication with your landlord, receipts for repairs and treatments, and any photos that support your case. This evidence will be crucial in proving that... View More

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: When I was minor I was charged with possession of a weapon on school grounds . Can I own a firearm.

I completed a diversion program and my paperwork says petition not to file charges . Happened 6 years ago.

James L. Arrasmith
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answered on Jan 5, 2025

Having a charge from when you were a minor can affect your ability to own a firearm, but the specifics depend on several factors. Since you completed a diversion program and your paperwork indicates that charges were not filed, this may work in your favor. Many jurisdictions consider juvenile... View More

1 Answer | Asked in Civil Rights for Florida on
Q: We purchased a foreclosure home and discovered a car parked in the garage. filed with the court to transfer but counterC

Now Toyota lease trust counterclaim. Please Advise in this situation thanks

James L. Arrasmith
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answered on Jan 5, 2025

You should first review the foreclosure purchase documents to determine if the car was included or if there are any existing liens against the property. It's important to understand the legal standing of Toyota Lease Trust's counterclaim and how it affects your ownership of the home and... View More

2 Answers | Asked in Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Florida on
Q: How is it that the police can take half of pound of weed from a person but not give a citation
Charles M.  Baron
Charles M. Baron
answered on Dec 30, 2024

Are you asking if police MUST charge someone with the crime of marijuana possession (in Fla.) if they find half a pound of it in someone's possession? The answer is no, because it is within their discretion to charge or not to charge.

Or are you asking if it is legal for police to...
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1 Answer | Asked in Copyright, Appeals / Appellate Law and Civil Rights for Florida on
Q: Instagram keeps taking my accounts I make saying I’m violating services but I haven’t violated

It says I’m selling and trading animal parts , buying explosives, and buying or selling drugs , which is all false what should I do to get my accounts back? I haven’t violated and instagram is almost impossible to get in contact with

James L. Arrasmith
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answered on Dec 7, 2024

Let me help you address this Instagram account issue systematically:

1. First, you should formally appeal Instagram's decision:

- Go to Instagram's Help Center

- Fill out their "Request a Review" form

- Include detailed information explaining that...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: Parenting plan does not specify on holidays if the visits are supervised does that mean that they are not supervised?
Veronica LaVerne Robinson
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answered on Nov 15, 2024

I would need to see the Final Judgment/Parenting Plan but it is likely that if regular visits are supervised, then Holiday visits are supervised as well. It sounds like it may be time to review that finding of supervised visits and petition the Court for a change. Give us a call at 954-840-5301.... View More

1 Answer | Asked in Contracts, Civil Rights, Landlord - Tenant and Probate for Florida on
Q: This is in regard to an Irrevocable Trust and my rights as a tenant at Trust held property in Florida.

I was caregiver for my Dad. He passed. Friend of family is Exec Trustee for the Trust my father had his estate pass into. I had a written agreement with my father to remain at his property in Florida for as long as I need. 40% of the property is mine according to Trust Dox, 40% my step brothers,... View More

Kimberly Grant
Kimberly Grant
answered on Nov 8, 2024

Let me preface my remarks by saying what you have described is outside my area of practice.

However, I believe you should act quickly to hire a lawyer who handles probate litigation in your area. Make sure he/she doesn't have any conflict of interest with the Executive Trustee. The...
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1 Answer | Asked in Civil Rights, Constitutional Law, Civil Litigation and Insurance Bad Faith for Florida on
Q: Is police bias and intimidation reason to sue.

The incident involved 3 separate depts. I was the victim but the other person called since I had no phone.

He stood in front of my car trapping me in a cult de sac. Stating he was about to get a pay check. Then he declared I ran over his foot. He intentionally placed his foot under the... View More

James L. Arrasmith
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answered on Oct 24, 2024

You may have grounds to sue if you believe you were treated unfairly by law enforcement, especially if there's evidence of bias, intimidation, or misconduct. If the police failed to investigate properly, ignored important details like the body cam footage, or treated you with bias due to their... View More

2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: How to follow-up after filling an a battery report?

I'm a Lyft driver. last may I got bunched in the head multiple times by a rider because I asked her not to eat in my car!. Everything was on camera. I called the police after she ran away, filled a report in Orlando, fl but couldn't give them the driver's information because Lyft... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Oct 23, 2024

In addition to what has already been said, please understand that the case is investigated by law enforcement and then referred to the State Attorney's Office located in the county where the incident took place. This can take some time, but the investigating officer can fill you in on what... View More

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1 Answer | Asked in Business Law, Civil Litigation, Personal Injury and Civil Rights for Florida on
Q: Business roped off the entire sidewalk and parking places on street while waiting to work on roof.

Pedestrians now must walk in road in traffic path, as even the curb areas are roped off. This is downtown. I called to see how long they anticipate the sidewalk being inaccessible and they told me however long it takes them and to just walk around it (in street with 30 mph speed limit and stuff... View More

James L. Arrasmith
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answered on Oct 21, 2024

It's frustrating when sidewalk access is blocked without clear timelines. Typically, businesses need permits from the city to restrict public pathways, and these permits usually have time limits. If the work hasn't started or is taking excessively long, it might violate local regulations.... View More

1 Answer | Asked in Civil Rights for Florida on
Q: It was a lawyer that entered me into involuntary servitude by entering a plea of not guilty for me
James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry you're going through this challenging situation. It's important to understand your rights and the options available to you. Reaching out to another attorney could provide clarity and help you navigate the next steps effectively.

Consider gathering all relevant...
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1 Answer | Asked in Civil Rights for Florida on
Q: Was labeled a sovereign and entered into involuntary servitude by the judge entering a plea of not guilty for me

What can I do about this

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry you're experiencing this situation. It's important to understand that legal terminology can be complex, and the terms "sovereign" and "involuntary servitude" have specific meanings in law. A plea of not guilty typically means you are contesting the... View More

2 Answers | Asked in Appeals / Appellate Law and Civil Rights for Florida on
Q: Was called a sovereign and entered into involuntary servitude

What can I do about this

Charles M.  Baron
Charles M. Baron
answered on Oct 17, 2024

Being subjected to involuntary servitude would be a crime, so you must contact law enforcement - that is, the police or sheriff's dept. for the location where it is/was occurring. Additionally, you might have a potential claim for money damages against the perpetrator.

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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for Florida on
Q: How much should i sue for in total? i just want a general idea.

I was misled by a salesperson at a dealership who promised approval for a $22,000 car with $3,000 down. Upon arrival, I was told I needed $8,000. The salesperson referred me to another dealership, where I paid $3,800 down. A month later, they requested an additional $4,000, falsely claiming my job... View More

James L. Arrasmith
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answered on Oct 13, 2024

When deciding how much to sue for, start by totaling your direct financial losses. This includes the $3,800 down payment you made, the additional $4,000 they demanded, the $5,500 in unpaid tuition, and the wages lost over two months. Adding these amounts gives you a baseline for your claim.... View More

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