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Florida Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a felon go to a gun range in Florida?

I own a black powder gun and would like to go into a shooting range?

Jonathan Blecher
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answered on Oct 7, 2023

It is illegal in Florida for convicted felons to possess firearms, including muzzleloading guns, unless the convicted felon has had his/ her civil rights restored by the state's Clemency Board or the firearm qualifies as an antique firearm under Florida Statute 790.001(1).

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3 Answers | Asked in Criminal Law, Civil Litigation, Constitutional Law and Federal Crimes for Florida on
Q: i am the victim of a kidnapping, false imprisonment, car jacking, assault/battery. What kind of lawyer should I look for

Polk county, I was cleaning a friends yard when he ex rolls up, assaults me, steals my truck, takes my phone, makes me ride with him, until I finally jump out, run and call the police from my smart watch. I would like to know what kind of lawyer I should be looking into. I need help with all of the... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2023

You have the right to make a claim for money damages against the perpetrator for actual monetary losses and for pain and suffering damages. If you have monetary losses directly caused by the crime, first speak to the prosecutor (Asst. State Attorney) because he/she may be able to seek restitution... View More

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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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3 Answers | Asked in Constitutional Law and Real Estate Law for Florida on
Q: Is a homeowner entitled to fly a political flag as well as an American flag?

I received a letter from the HOA stating that under Florida Statue 720.304, I am not entitled to fly a political flag along with my American flag

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 14, 2023

It is not clear what is meant by a "political flag". The statute quoted permits "up to two of the following portable, removable flags, not larger than 4 1/2 feet by 6 feet":

"1. The United States flag.

2. The official flag of the State of Florida....
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1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: What happens at a civil pretrial conference?
Charles M.  Baron
Charles M. Baron
answered on Jul 21, 2023

That depends on the particular Court (ranging from small claims court to the highest trial courts), as well as on whether the Court issued an order with details on it. Generally, the judge will at least want to know if the case is ready for trial, how long the trial will take, how many witnesses... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: My brother was sentenced to 16 years in prison in FL with 0 evidence but heresay? Is he able to file for retrial ?

He only had a public defender and my dad and stepmom are the ones that believe my little stepsister. Even her blood brothers don’t believe her because she is known to lie! Because he was facing over 35 years for both charges he took a plea deal and only got 16 years

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2023

To be certain, a criminal defense attorney must be consulted. In general, it's very tough to get out of a plea deal if the judge has already accepted it, and the defendant cannot "file for retrial" if there was no trial to begin with. There are very limited circumstances in which... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Can a fore investigator use the plain view d doctrine (discovered paraphernalia) to further search parameters

After a fire in my home a

Fire investigator saw a syring in my bathroom in plain sight. It was in an open basket on bathroom counter. Also in same basket was folded up piece of paper with narcotics inside. Is said fire investigator allowed to continue his drug search by opening this paper... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jun 16, 2023

This is a complicated question. Why was a fire investigator present? A syringe is not automatically paraphernalia. Did the investigator question you about it? Did you make any statements? There may an issue with the investigator opening the paper if he did so without permission. You will need a... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a witness be creditable of he already have it put for defendant . My husband has a pending case that based solely

My husband has a case thats based solely on probable cause from an officer that had contact with his friend previously for a charge not related to my husband and his friend said the officer said " please give me something on John osteen just anything"

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

It is up to the trier of fact (jury in a jury trial or judge in a bench trial) to decide if a witness is credible. Your husband needs an attorney who will determine if the witness can be discredited - that is, come up with ways to persuade the trier of fact that the witness should not be believed.... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Florida on
Q: Charge Overview and First Steps

My brother has been living with me for about 3 months and I have reason to believe he spit in my lotion after an argument thinking I wouldn’t know.

While I don’t have any physical proof this happened would the local PD be able to test it for his saliva?

What are the steps to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 6, 2023

What's your problem? Even if you, for some reason, ingest the lotion, do you really think that would infect you with some serious disease? No, it's obviously not worth your time.

1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: can a fictional forum post be used in court or be used to track down the writer or said post?

a post was made of a fictional dream. the forum is in netherlands. poster resides in florida where the post is now part of a warrant for a case involving money laundering and prostitution. can the poster be tracked and the forum post used against him even though it clearly states it was a dream?... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 5, 2023

If the post which supposedly described a dream someone had, together with other information forming the basis for the warrant, may constitute probable cause justifying an arrest warrant. For example, say you had a dream in which you murdered someone and that someone turned up dead by homicide.... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Communications Law and Constitutional Law for Florida on
Q: Am I qualified to receive somee kind of money for being incarcerated for 8 months until my charge was dismissed?

Who would I be wanting to sue in that specific case?

Stephen Arnold Black
Stephen Arnold Black
answered on May 15, 2023

Florida does have a wrongful incarceration that provides compensation up to $50,000 per year to wrongfully incarcerated individuals. You should discuss the facts of your case with an attorney here in Florida about how to apply.

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Florida on
Q: I was seeing a psychiatrist for employment and to better myself instead he wrote and said horrible things about me which

Which left me traumized and suicidal not wanting to be around others anymore

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 11, 2023

Were these statements made to a third party? Reach out to counsel for a full review of the facts. You may have a case.

1 Answer | Asked in Civil Rights, Constitutional Law and Native American Law for Florida on
Q: Is there anything to prove that the American Indians actually became US citizens?

My great grand father was born in 1878 and said it never happened because the US had nothing to offer. We couldn't vote until the 1960s don't citizens get to vote?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 19, 2023

The 14th Amendment to the United States Constitution provides, in pertinent part, that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. " Citizenship thus has very little... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Yesterday I had an altercation with a police officer where he snatched my phone out of my hand and would not give itback

The original incident was an argument with somebody else who ended up flagging down the cops. When I was told to step out of my car, I was told I was not allowed to use my cellphone with the officer snatched it from my hand and would not give it back. Is that legal?

I’m not sure if I put... View More

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

Without a warrant, a police officer during an ordinary dispatch cannot seize and keep your cell phone.

Go to the police station, report what happened to a supervisor, and demand your cell phone back. That could resolve the problem without the necessity of hiring a lawyer to sue for the...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: Can you provide the correct procedure for motion to compel evidence

What is the exact procedure when defense atty files for motion to compel evidence, after judge grants it for two weeks WHY WOULD A DEFENSE ATTY ASK FOR A SECOND MOTION TO COMPEL AND A SANCTION. Are they able to be asking for a motion to request a dismissal of the case or a final judgment

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 13, 2023

Apparently, what happened was that the defendant's attorney moved that the plaintiff (which, of is a criminal case, would be the government) be ordered to produce some sort of evidence. The judge gave the prosecution two weeks to produce the evidence. When the defendant's attorney... View More

1 Answer | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: if judge grants a motion to compel allowing state so many days to submit the discovery can they submit evidence after?

Judge gives deadline of evidence, is state allowed to submit and use evidence after this date to convict someone

James L. Arrasmith
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answered on Mar 11, 2023

No, if a judge grants a motion to compel and sets a deadline for the state to submit discovery, the state is not allowed to submit or use any evidence that was not submitted by the deadline. This is because the purpose of the deadline is to ensure that both the prosecution and defense have adequate... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: HOW DO STOP A COUNTY WHO IS TRYING TO TO EVESERATE YOU ANY WAY THEY CAN. CAUSE YOU CAUGHT THEM COMMIT MULTIPLE FELONY'S

THEY ILLEGALLY FILED FOR A DEMO ORDER THE ATTORNEY SAID THEY WOULD REMOVE WITH FOCE MY FAMILY. ONES 10 FIRST TIME SHES HAD A DECKED OUT BY GRANDPA BEDROOM. AND ACROSS THE STREET FROM US. SO HER LIFE IS STABLE GRADE ARE MAXED AND I KEEP THIS NEIGHBORHOOD PROPER. I HELP ANYONE CLEAN UP WHAT SOME NOT... View More

James L. Arrasmith
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answered on Mar 11, 2023

It sounds like you are in a very difficult situation. If you feel that a county government agency is targeting you unfairly, you may want to consider seeking legal assistance to help protect your rights and interests.

Here are some steps you can take:

Consult with an attorney: A...
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1 Answer | Asked in Personal Injury, Constitutional Law and Landlord - Tenant for Florida on
Q: Can someone point me in the right direction.

I stayed in these apartments in Arlington in 2021i was pregnant, within the first month I had issues. There was no heat or AC in the unit. being on the second floor with heat and moist black mold, started appearing everywhere throughout the house. I have pictures. What they did do was send... View More

James L. Arrasmith
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answered on Mar 2, 2023

Based on the information provided, it sounds like you may have a potential legal case against the apartments for issues related to mold, plumbing, and reimbursement for hotel expenses. You may want to consider contacting a local tenant rights organization or consulting with a landlord-tenant... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Florida on
Q: Hired by a Federal Agency, got infected while on training, and terminated my employment. Can they just terminate it?

I was hired by a federal agency and invited for two weeks of training. I got infected with COVID on the third day of the training. They provided a hotel for quarantine. I could not receive the adequate medication that I needed from ER. The PCP advised me in Florida to travel from GA to have a... View More

James L. Arrasmith
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answered on Mar 2, 2023

It's possible that you may have a case if your termination was discriminatory or in violation of federal law or agency policy. The EEOC investigates complaints of employment discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information, so if you... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Native American Law for Florida on
Q: If the Indian Removal Act moved the American Indians west how did the Seminoles come to Florida?

Every Seminoles we meet always say they came here to Florida but the Indians from here now call themselves Black. There are no schools that teach them that they are American Indians they teach them that they are Black. Are there any lawyers that will be ready to take the fight when we want to use... View More

James L. Arrasmith
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answered on Mar 2, 2023

The Indian Removal Act, which was signed into law by President Andrew Jackson in 1830, forced many Native American tribes to leave their ancestral lands and relocate to areas west of the Mississippi River. However, not all tribes were removed, and some, like the Seminole, resisted relocation and... View More

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