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Florida Constitutional Law Questions & Answers
1 Answer | Asked in Real Estate Law and Constitutional Law for Florida on
Q: Can my son live with me at a 55+ community if I am recently mentally disabled.

I have been diagnosed with bipolar, anxiety, depression, PTSD,plus some physical disabillitys.My son moved here I own my trailer but pay a lot rent they said he can't live here he is 33 I want to move in a year they say he can't stay,is there anyway he can stay to help me?

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

Consult a lawyer in your area handling elder law issues. Search for lawyer by either clicking on the Find a Lawyer tab on the top of the Justia web page or contact the Florida Bar Lawyer Referral Service, which will refer you to a lawyer with a low consultation fee - see https://lrs.floridabar.org... Read more »

3 Answers | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Did my landlord violate my privacy?

So, I know I'm in the wrong too, but I need to see the best way to go about this. I have outside cats and just move where the landlord doesn't want animals, but they are outside cats. For my own reasons, I didn't mention it and just need a week or so for them to get use to their new... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 2, 2021

Sorry, but you probably violated your lease (which we cannot review here online), requested service and now are upset the landlord found out you have cats in his house. It is logical to check each AC vent when there is a complaint the AC is not working properly. A landlord in Florida has the... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: can I sue a jail, or correction facility for wrongly and overly placing someone I know in the box for more than 9 months

He was first being taunted by white officers that I know the name of, making racial slurs and saying things like "my knee isn't on your neck, you can breathe. giving him 6 DRS in a row at once for no reason, and when he tried to fight it himself in the jail. he wasn't let out to do... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 5, 2021

You don’t have a cause of action.

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: How can I sue a nightclub that has been causing loud noise from bass every night? Police have done nothing, no peace.

Police have been called for the past year along with code enforcement. They have been fined, have attracted 2 documented gunfire incidents. Loud noise from their bass, public fights after club closes. Police have done nothing to shut them down. I no longer have peace, I have lost my job because I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 16, 2021

You might be able to sue them civilly to abate the public nuisance.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for Florida on
Q: I have a car that my friend had used her driver license in North Carolina to get me a car I just put the money up front.

She’s being nasty and wants the car back. I moved too Florida with family and I don’t have a way to get back down here if I go up there and the car is titled and registered too her and she just won’t come and get her car so if I hypothetically got towed for parking could it or she come after... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

Sounds like you trusted the wrong person. The car is legally hers. If it was purchased in North Carolina, and you then drove it to Fla., you are at risk of her reporting it stolen, and you getting arrested for theft. You should immediately confirm with her, IN WRITING, the "deal" you... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: My county has religious freedom exemptions from mask mandates. Is it a civil rights violation to refuse service?

In my county, there is a religious freedom exemption from county wide mask mandates. After plainly stating my religious exemption from the mask mandate, would this qualify as a title II civil rights act violation for denial of service, when I have not violated any laws, and am being denied access... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 21, 2020

If you're talking about Miami-Dade County, it apparently has no general religious exemption to the mask mandate. There is an exemption for being at or inside a religious institution, but not a religious exemption for other locations. See -... Read more »

1 Answer | Asked in Constitutional Law for Florida on
Q: Why bill of rights does not protect truckers who are unreasonable stopped and searched any time,any where by police?
Charles M.  Baron
Charles M. Baron answered on Dec 21, 2020

It does protect them, and police CANNOT lawfully stop and search trucks any time, any place, for no reason whatsoever. There are certain locations, such as ports and border crossings, where you are warned that by entering, you consent to a search. At such locations, laws/regulations apply to... Read more »

1 Answer | Asked in Constitutional Law, Elder Law and Government Contracts for Florida on
Q: Can public housing move me to a handicap apartment and I'm not handicap?
Charles M.  Baron
Charles M. Baron answered on Nov 19, 2020

You have not specified why that would be harmful to you. I would imagine that an apartment for the handicapped would have more benefits than a regular apartment, not less (for example, a larger bathroom and being on the ground floor), but I have no familiarity with it. You also have not specified... Read more »

1 Answer | Asked in Constitutional Law for Florida on
Q: Why is it that the US Senate is confirming Supreme Court Justices with a simple majority when Article II, Section 2,

Paragraph 2 says 2/3 majority is required

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 12, 2020

No, the "provided two thirds of the Senators present concur" language pertains only to ratification of treaties.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Florida on
Q: "Can you post bail again if charge was added pertaining to the same case"

In the state of Florida

Henry George Ferro
Henry George Ferro answered on Aug 13, 2020

You should unless the judge has changed bond conditions that make bond impossible

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Florida on
Q: Can a judge go and talk to the jury during deliberation without his black robe on.

I ask why is court reporter way on the other side of the room and not taking notes. To record our meeting we had in the middle of the court room, During deliberation. It was me my pd state atty an the judge. No court reporter. Before trial started my pd and me had a meeting in attys booth.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 9, 2020

Yes, the judge can talk to the jury without wearing the robe. The robe is just cosmetic.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Gov & Administrative Law for Florida on
Q: If your HOA retaliated against you, can I file a complaint in Federal Court or Civil Court?

My HOA retaliated against me after being caught using my water in my property. At the same time my fence which was being replace was installed improperly, and it was fixed, did not allow me to extend it like other neighbors. They added a lien on my property after I sent my HOA dues and refuse to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 1, 2020

It doesn't appear to involve a federal question, so no, you can't sue in federal court.

1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a guest at a dwelling that a search warrant is being served be arrested if they are searched and nothing was found ?

Drugs were found however on a table near guest. Wouldent that be evidence against the occupant of that dwelling?

Charles M.  Baron
Charles M. Baron answered on Jul 13, 2020

If the police can, in writing, articulate reasons to support probable cause to arrest the guest, then it is a legal arrest, but of course the evidence may or may not be enough to convict. If they cannot articulate sufficient reasons, it's a false arrest, which should not only lead to the... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: How does corpus elicit apply when filing a civil suit.
Charles M.  Baron
Charles M. Baron answered on Jul 9, 2020

There exists no phrase "corpus elicit" in the law, and probably nowhere else. Do you mean "corpus delecti"?

If so, that means "body of the crime" and means the evidence sufficient to prove a crime occurred. It would be unusual to use that phrase in a civil...
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1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: So my 17 year old sister got pregnant and she ran away to her boyfriends house.

She told my parents now that she is pregnant she is emancipated. They told her she needs to go to court first to get emancipated but she refused and left. Is that true we live in Florida. Do my parents need to file a runaway child case with the police. Will they get in trouble if she misses... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 27, 2020

No, she is not emancipated simply because she is pregnant. See

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0743/0743ContentsIndex.html&StatuteYear=2019&Title=%2D%3E2019%2D%3EChapter%20743

Your parents certainly may advise the...
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1 Answer | Asked in Constitutional Law for Florida on
Q: Is Propaganda protected speech?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 21, 2020

It depends. Propaganda is defined as a " concerted set of messages aimed at influencing the opinions or behavior of large numbers of people". If you repeatedly shout "Fire!" in a crowded theater with the intent to cause a panic, as an example from a famous court case goes, you... Read more »

2 Answers | Asked in Personal Injury, Civil Rights, Constitutional Law and Federal Crimes for Florida on
Q: if protesters are blocking a road or highway

do i have all legal rights to drive "slow" through them AFTER giving them ample warnings and time to move. Now lets say i do drive and these people turn violent. do i just "floor" it and plow through them? Central Fl.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2020

Go around. If, hypothetically, the "turn violent", what you might do would depend on the circumstances. But the best advice would be for you to avoid the situation.

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1 Answer | Asked in Communications Law, Constitutional Law and Domestic Violence for Florida on
Q: I have a dropped charge DB back in 2014 and Officer was gonna arrest me but I told him to leave cause he wasn't helpful.

My sister was a drug user and my grandmother who has dimensia, bailed her out and presumed to live with us. Keep in mind shes very manipulative. I was in my own room and she was drinking might had done coke to unsure. She started beating on my bedroom door and I opened it to see whats going on. She... Read more »

Charles M.  Baron
Charles M. Baron answered on May 21, 2020

Defend yourself against what? You said the officers left without arresting you, and I assume you mean they also did not give you any notice to appear in court. Also, from your description, it does not sound like the type of police case where they will be in on-going investigation to determine if... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: What if Police in California doesn't get Probable Cause Declaration signed by a Judicial Officer in 48 hr?

there is No Probable Cause declaration on file with the Court signed by a Judicial Officer within 48 hours of arrest, No Probable Cause Documents on file with the Court and an unsigned PCD is submitted in evidence in a Federal 1983 proceeding 2 years later- Is this a 4th Amendment Due Process... Read more »

Henry George Ferro
Henry George Ferro answered on May 12, 2020

You appear to have answered your own question and prepared to go forward...so I am uncertain as to what it is that you are asking for. My best advice to you is to retain a criminal lawyer to assist you in proceeding.

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