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Florida Constitutional Law Questions & Answers
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.

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Constitutional Law for Florida on
Q: Hi I had a question about my rent during this time.

My landlord is doing some shady things I live in a apartment complex ran by a slumlord and I looked into the cares act and know that I cannot be evicted for the 120 day period due to the loan being federally backed, they also are legal not allowed to charge late fees to my understanding, or send... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2020

From what you relate it could be possible that one or more of your neighbors have cause to seek legal assistance; but you state no facts about yourself, so I cannot answer.

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Minor to adult house arrest, can they be home alone now?

Hello, so I have a relative who has a son that is in house arrest. He has the ankle monitor and meets with his probation officer. He is a minor so therefore he has no access to internet unless for school and cannot have contact with minors and cannot leave the house. He has his mother watching... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 5, 2020

The conditions of probation continue until they expire by their terms or the judge changes them.

2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can I legally defend myself with a pistol that I buy legally at age 19 with no repercussions? If no, what could I face?
Jonathan Blecher
Jonathan Blecher answered on Apr 26, 2020

In 2018, after a 19-year-old carried out a mass school shooting in Parkland, Florida, the state enacted a law prohibiting minors under age 21 from purchasing firearms. The law also prohibits licensed dealers from making or facilitating the sale or transfer of a firearm to a person under 21 years of... Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law, Libel & Slander and Native American Law for Florida on
Q: Hi, On March 15 I went into a Pawn Shop to purchase a Firearm and was denied the sale because of my race & religion.

On March 15, I went into a local Pinellas County Pawn Shop and was denied my 2nd amendment right to purchase a firearm because my Concealed Weapons License stated that I was White. The Pawn Shop salesman stated that I "Looked black to him" and "There's a black guy standing in... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Apr 22, 2020

You may have a case. More facts would be needed. Of course if the employee denied you service on the basis that your identification did not match your picture on the concealed weapons permit then they may have a non discriminatory reason for denying you service. More facts are needed. Discuss with... Read more »

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1 Answer | Asked in Constitutional Law and Municipal Law for Florida on
Q: Can Governor overrule a Mayor or County Commissioner stay at home order?

We are having a debate about governor powers over the state.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 14, 2020

Yes, he probably can. Start your discussion by reviewing the governor's order; I believe it sets forth his statutory authority.

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Is an interstate travel ban considered to be unconstitutional in the Unites States of America?
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 11, 2020

That question is above my pay grade. To my knowledge, it has not been decided yet, but it probably would depend upon the details of the ban.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Juvenile Law for Florida on
Q: My soon to be husband has been incarcerated for 12 years He was sentenced to 30 yrs imprisonment followed by 30 yrs pro

He's been in since the age of 17 for robbery. What can I do to try and get a reduced sentence? We are inclined to believe that sentence is excessive therefore violating the 8th amendment

Henry George Ferro
Henry George Ferro answered on Mar 4, 2020

You are not providing any factual information necessary to make determinations as to whether the punishment herein violates the 8th Amendment. You should seek a lawyer immediately and have this file thoroughly reviewed.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Florida on
Q: Fl. PCR..I am incarcerated & file ineffective council does the state require they provide attorney to review for errors?

Defense allowed Motion in Limine for co conspirator. Public def stated in court "I have not researched this case I am not ready for trial" 3 days trial began. I was DENIED hiring private council due to court imposed time constraints. Perjury by witness/victim. Burglary with mask. Battery... Read more »

Keith Upson
Keith Upson answered on Feb 25, 2020

What's the question? Whether you are entitled to the appointment of counsel in postconviction proceedings?

No. The Sixth Amendment right to counsel does not extend to postconviction proceedings. However, if a trial court sets your postconviction motion for hearing, the court will often...
Read more »

2 Answers | Asked in Personal Injury and Constitutional Law for Florida on
Q: In VA, A, a resident of FL, struck B, a resident of NY. ($80000 medical expense)

can person B sue to FL circuit court? does FL state court has jurisdiction over this case?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 23, 2020

Yes.

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