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Florida Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Florida on
Q: Essentially, a man is eating Taco Bell and is somewhat near a Taco Bell. And is asked for ID because it’s closing hours.

Essentially, a man is eating Taco Bell and is somewhat near a Taco Bell. It is closing business around all of the stores, and assuming it is dark. Police are then called out by a business that has been robbed multiple times according to the officers. The officer comes up to the window and asks what... View More

John Michael Frick
John Michael Frick
answered on Oct 16, 2023

Seems like solid police work. Instead of immediately arresting you, the police conducted an investigation when they developed a reasonable suspicion.

1 Answer | Asked in Contracts, Civil Rights, Insurance Bad Faith and Insurance Defense for Florida on
Q: Physician orders require me to visit family to overcome depression. My LTC insurance deducts from my benefits. Legal?

Insurance provider says my policy only pays my custodial care if I am physically in my facility. I can visit my family but they deduct for each day I am away which is 4 days per month. i.e. $1,200 per month.

Charles M.  Baron
Charles M. Baron
answered on Oct 14, 2023

This issue likely depends on the language of your insurance policy. First, ask the insurance co. to tell you which specific section of the policy applies. Then, to be certain of your rights, consult an elder law attorney.

2 Answers | Asked in Civil Rights for Florida on
Q: Can an employee in plain clothes with no identification question a customer ?

I was shopping in a Neighborhood Walmart store when a gentleman in plain clothes started questioning me about who my employer was. He did so multiple times and I responded by asking him to identify himself and he told me that he didn’t have to. We went to customer service where two other... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 9, 2023

That's a very strange question for a store security man to ask, but he can ask the same way any stranger on the street can ask, and you can say it's none of their business. In some situations like this, there is racial profiling going on, which becomes unlawful at the point that the... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: Can the Police pull me over, let me go without telling me to pull my car over or stop driving and pull me again for same

Pull me over for same thing 15 Minutes later for same thing now arrest me and search my vehicle??

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

That is unusual. The officers' written reasons for their actions must be reviewed to determine if they provided rational reasons to support probable cause for their actions. Of course, they may or may not be telling the truth in their explanation, but that's where the analysis starts.... View More

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1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law, Banking and Civil Rights for Florida on
Q: What is the limitations on dss in North Carolina to get paid back on something I didn't do I was locked up??

Boyfriend at the time stole my purse and sold food stamps to 4 different people on the same day same store they have punished me for 3 years where I couldn't get food stamps at all no place on the country i went hungry alot was homeless alot too I moved to Florida to get away from those people... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 2, 2023

I don't know what "dss" means, but in any case, a question on a NC limitations period must be asked of a NC attorney. Since your inquiry is indicated to be from Sebring, Fla., mostly Fla. attorneys (like me) will see your post. Also, legal advice on the filing deadline specific to... View More

2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Florida on
Q: I have always traveled by motorcycle therefore didn't have to have insurance or even license to travel freely.

As the same is also my constitutional right to do so. The police department unknown to me issued me a license then suspended it so they could charge me. Legal?

Charles M.  Baron
Charles M. Baron
answered on Sep 30, 2023

Licenses are not issued without an application and a fee submitted by the person seeking the license. Wonder if you're an identity theft victim. Request a copy of the license application, then see a lawyer. Regarding driver's license requirements for motorcycles, if the engine size... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for Florida on
Q: Can I place a recording device on my child if I suspect their teacher is verbally abusive
Charles M.  Baron
Charles M. Baron
answered on Sep 25, 2023

Not without consent of the teacher, unless it's part of a law enforcement operation. With some narrow exceptions, it's a crime in Fla. to audio record someone without their consent. Of course, if you wish, you can record your minor child talking to you privately about the issue, so that... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Personal Injury for Florida on
Q: What is the civil statute of limitations for the victim of attempted murder in Florida?

I was the victim of a stabbing about 20 years ago. It still mentally affects me to this day. It has also affected where I would be financially, my work progress and status, and my overall quality of life. The perpetrator was caught quickly since I knew him and was placed in a mental facility for... View More

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

Sorry to hear about your ordeal. I can tell you generally what the limitations period would be in a situation like this, but any question on the limitations period for an incident causing damage to you is a question asking for specific legal advice to rely on - which cannot be answered in this... View More

1 Answer | Asked in Consumer Law, Business Law, Civil Rights and Sexual Harassment for Florida on
Q: Wife was told that breastfeeding our son wasn't allowed at the pool. We were approached by pool manager while lounging.

I was under the assumption that breastfeeding was allowed in any public area.

I asked the manager to show me the rules in writing where it shows breastfeeding isn't allowed.

He showed me a " rules & reguation" document stating

"[......"is a... View More

John Michael Frick
John Michael Frick
answered on Sep 17, 2023

You are 200% correct. A woman May breastfeed a child anywhere in public she has a right to be.

It isn’t an indecent or inappropriate act.

1 Answer | Asked in Traffic Tickets, Civil Rights and Legal Malpractice for Florida on
Q: Can a magistrate find me guilty for failure to obey traffic control device if it was on private property?

The sign was not removed when originally installed upon construction in of previous business in 2015 which was later demolished and property sold. There were no agreements established as per Florida Statutes, and they are neither regulated nor maintained by neither the City , nor the FDOT. Sign is... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

Sorry to hear about your ordeal. You are basically asking if the traffic magistrate can convict someone who shouldn't be found guilty. That's the same as asking if the magistrate has the power to make an incorrect decision. The answer, unfortunately, is yes, and the magistrate is... View More

2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Can a cop take my gun out my vehicle without me present just because he saw it in my vehicle?

I was in Walmart and the cop was at my vehicle with my 3 kids and asked my oldest (15) to get out of the vehicle and to sit in the driver's seat because he couldn't see what she was doing and felt uncomfortable. My daughter got out and went and sat in the driver's seat and when she... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 26, 2023

You didn't indicate why the police asked your daughter to sit in the driver's seat. Did they have cause to suspect something? Other than that, it seems that you weren't really damaged by what may have been a Fourth Amendment violation. Depending on the circumstances, you might... View More

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1 Answer | Asked in Medical Malpractice and Civil Rights for Florida on
Q: Can a lawyer take my case on contingency for medical malpractice/civil rights violation?

I had a miscarriage, I believe it had been too early to tell but my boyfriend states that the hospital told him that I had a dilation and curettage. In the hospital records, it doesn't mention this and I got an infection after not being explained the proper remedies of how to heal after the... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Yes, there is no prohibition in Florida preventing an attorney from taking either a medical malpractice case or a civil rights case on a contingency fee.

You may be confused by a different cause of action under Florida's statute for compensation to wrongfully convicted individuals...
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1 Answer | Asked in Civil Rights for Florida on
Q: Can a 3 year old child be kicked out of a preschool not being fully potty trained but having a doctors note.
T. Augustus Claus
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answered on Aug 18, 2023

In Florida, preschools have varying policies regarding potty training requirements. While a doctor's note indicating a medical reason for delayed potty training could influence the decision, the preschool's specific policies and accommodations play a role. The Americans with Disabilities... View More

1 Answer | Asked in Civil Rights and Education Law for Florida on
Q: how do i go about discrimination against a disabled 6 year old with alot of possibilities..

going on year number two of education denial due to medical issues i need help this is wrong.not fair to my baby . she deserves an education like other children

Todd B. Kotler
Todd B. Kotler
answered on Aug 16, 2023

Look for a an attorney near you who is a member of The Council of Parent Attorneys and Advocates, Inc. (COPAA). Their members work to protect the legal and civil rights of and secure excellence in education on behalf of tens of thousands of students with disabilities and their families. Without... View More

1 Answer | Asked in Civil Rights, Medical Malpractice and Personal Injury for Florida on
Q: What is the likelihood I would win a medical malpratice /police brutality case?

I had a miscarriage, I believe it had been too early to tell but my boyfriend states that the hospital told him that I had a dilation and curettage. In the hospital records, it doesn't mention this and I got an infection after not being explained the proper remedies of how to heal after the... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2023

Sorry to hear about your horrible ordeal. You cannot obtain an online answer to the question, "How likely am I to win?", for this potential case or any other. You need to schedule a consultation with an attorney to review the facts and relevant documents. Also, there are relatively few... View More

1 Answer | Asked in Family Law and Civil Rights for Florida on
Q: If you were given a phone as a gift before 18 that your mom pays does she have the right to take it now that you're 18.

Me and my mom got into a fight which she started and proceeded to beat on me. I did swing back to get her to leave me alone. She was upset because I was sharing my feelings with my aunt that had nothing to do with her. I was talking to her about my feelings when my mom came up there yelling at me... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 9, 2023

No one has the right to renege on a gift, but if the phone service is not in your name, and the phone was provided from the service, your mother might be able to get away with claiming the phone belongs to her. You seem to have much bigger problems in your household than the wrongful taking of... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Florida on
Q: Can further actions be taken by the court if I don’t pay the plaintiff since I cannot afford it I’m retired make $1100 a

I was sued without my civil rights

Charles M.  Baron
Charles M. Baron
answered on Aug 8, 2023

Yes, the judgment holder may attempt to garnish your account(s) and can initiate that process without notice to you, but you'd eventually be notified to give you the opportunity to file a claimed exemption from garnishment if you happen to qualify for an exemption. You need to schedule a... View More

1 Answer | Asked in Civil Rights for Florida on
Q: I will be violated due to the unprofessional,unorganized , neglectful court ordered, program I attended. Can I sue them?

I attend this program, did all that was ask and was told that I would get my completion certificate next week at individual sessions and to bring what assignment n meeting I had when I go to my last appointment I'm informed my. Counselor no longer works there and come back next week and... View More

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

You did not indicate what particular program you are in, but it sounds like a pre-trial intervention program you were required to complete in order to have your charge(s) dropped. If you don't receive the certificate, you'll need to confirm in writing what has transpired with the... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Fla. judge fails to deny motion to disqualify within 30 day deadline, Fla. R. Jud. Admin. 2.330(l) and refuses to recuse

Judge acting with total absence of all jurisdiction. violation of civil right of procedural due process of law, access to the court and self-representation. Illegally ruled me a vexatious litigant to prevent me from defending my case.

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

This is a question and answer forum forum, and you have no question here. If your question would be, "What litigation steps should I take in my case now?", that type of question, which would seek specific legal advice about your ongoing litigation, can be answered only by scheduling a... View More

1 Answer | Asked in Civil Rights for Florida on
Q: I was subpoenaed to court as witness, signed a waiver, now attorney tell me to disregard the subpoena. Can I trust it?

Don't know law inner workings of law , don't want to make a mistake all because I didn't ask professional.

Charles M.  Baron
Charles M. Baron
answered on Aug 5, 2023

Your inquiry is vague and confusing. You say an attorney told you something, but then you say you didn't talk to a professional. You say you signed a waiver, but don't say what you waived. I'm guessing, though, that an attorney who subpoenaed you to testify verbally told you to... View More

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