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Florida Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: Who has the right to talk to police in an investigation into a possible suicide/homicide case?

If a person who has been in a relationship with another for 15 years and has a child together, does this person have the right to talk to police investigating the possible suicide/homicide of her significant other. Or is it blood relatives only? I realize Fla. doesn't recognize common law... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 29, 2019

If you believe the deceased person was the victim of a homicide, it doesn't matter what your relationship with that person was; you should be able to talk to the police about it.

2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: What can I do... To lift the trespass warning from a Public Park To sue Miami Beach and the Police Officer

I was working out at the 6th street workout area on the 24th of May at approximately 10 am,

I went to the shower to cool off when a Sgt. From the Miami Police Department stopped and went to where My belongings were, I went back to the workout area and told him that they where my belongings... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 28, 2019

There are not enough facts to be able to analyze your situation. However, rather than argue with people who carry guns and nightsticks, regardless of your rights to visit Miami/Dade public parks I strongly advise you NOT to return to any public parks that the police have told you to stay away from.... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: when you get arrested in the State of Florida and you are supposed to see the judge in 48 hours what happens if u don'?

I stayed in jail for 9 days and never seen the judge and my roommate stayed in there a month before he ever seen a judge this is in mayo fl

Gary Kollin
Gary Kollin
answered on May 14, 2019

It could possibly be a violation of your rights. However, if you took a plea to time served, then it would most likely be no harm, no foul.

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1 Answer | Asked in Consumer Law and Constitutional Law for Florida on
Q: I am having a new air conditioner installed it has not worked since day 1 can I make them remove it

They have replaced 3 parts so far and I found out the manufacturer has been having this exact problem for several years with these unit and have a class action suit against them

Tim Akpinar
Tim Akpinar
answered on Apr 19, 2019

Contact the manufacturer and ask them if they can work with you toward resolving the issue (whether in the form or service or replacement). If your model is the same one that is the subject of the class action lawsuit, you could contact the firm handling the suit if your amicable efforts do not... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Florida on
Q: Can my neighbor constantly come onto my property taking pictures of myself and my family?

We recently had problems with them where the male neighbor attacked my boyfriend and has constantly yelled profanities at us. I just need to know if we can do anything about this

Jennifer Hanson Copus
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Jennifer Hanson Copus
answered on Apr 1, 2019

No. You have a right to the peaceful enjoyment of your property, whether you are an owner or a tenant. If this neighbor continues to enter your property without your permission, you have a couple of options. First, you can contact law enforcement and request that this person be issued a "no... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: Are you FREE or are you going to want money to answer a question?

Under the Supremacy Clause, Article VI. How can the current Red Flag gun law in Florida be legal when it violates my 1st, 2nd, 4th, and 6th. Amendment Rights of the US Constitution. The Supreme Law of the Land

Thank you

Tom

Charles M.  Baron
Charles M. Baron
answered on Feb 19, 2019

In answer to your first question, legal advice costs money; that's how lawyers make a living. Secondly, whether or not a law is unconstitutional as applied to your specific factual situation of course requires a review of your specific factual situation.

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1 Answer | Asked in Animal / Dog Law, Constitutional Law, Criminal Law and Personal Injury for Florida on
Q: Can city police departments be sued for using dogs inside a criminals home ,and the dog was in the leash the whole time?

I had a warrant for right at three months for violation of probation. I had failed a drug screen at my out patient drug treatment class back in October 2018. On January 15,2019 i was arrested at my home . Although i did not come out of my house for 6 &1/2 hours,i feel the city police used... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 4, 2019

I don't see it. They are required to secure fugitives. When you didn't come out you put yourself in that classification. If the dog was never unleashed they likely used the least intrusive alternative. Contact the Fla. civil liberties union to see if they have a different take.

2 Answers | Asked in Employment Law, Gov & Administrative Law and Constitutional Law for Florida on
Q: Some Federal employees are called to work without pay during the shutdown. Is this a violation of the 13th Amendment?

I'm curious of your views. I can't really find anything about if this would even apply.

Charles M.  Baron
Charles M. Baron
answered on Jan 17, 2019

Good question - it's an issue that should be researched to see if it has ever been raised in any court, and if so, the outcome. My educated guess, though, is that a court would not find it to be a violation of the 13th Amendment because the workers are not working for ZERO wages, they're... View More

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Lemon Law for Florida on
Q: hi how to seize property where it was a public accomdation in regards to a housing discrimination
Charles M.  Baron
Charles M. Baron
answered on Jan 14, 2019

Your inquiry is far too vague. Don't know if you are trying to say you have a potential discrimination claim and wondering how you obtain compensation if you win, or you already pursued and prevailed on a claim, received a judgment in your favor, and are having trouble collecting on the judgment.

1 Answer | Asked in Constitutional Law, Contracts, Personal Injury and Civil Litigation for Florida on
Q: Was posted a "24-hour notice of eviction" prior to eviction action. Couldn't pay to play. Cause for separate action?

During mediation, property manager said to me that my estranged father (co-signer on lease, but not a tenant) had instructed her to post 24-hour notice of eviction for holdover and when that didn't work, to file an eviction lawsuit against the both of us (in an attempt to exploit my... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 28, 2018

The only time you can defend an eviction action WITHOUT posting the rent amount to the court registry is when you are arguing (in writing) that the rent has already been paid in full (and you can prove it). That's in Fla. Statutes Section 83.60(2). Your description does not indicate whether... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: When vice uses a confidential informant to utilize a controlled buy

Does the video of the buy have to show the defendant handing the drugs in question over to the CI or can the CI get away with stating the drugs came from the defendant. The CI that was used for the controlled buy had access to the residence plus he stated during his deposition that he has staged... View More

Nicholas J. Dorsten
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Nicholas J. Dorsten
answered on Oct 1, 2018

There is no law that I am aware of that states a CI must be on video buying/selling drugs with the suspect. It is not uncommon for the police to search the CI before and after the buy and rely on their statements. That being said, this opens up possible defenses and credibility issues with the... View More

2 Answers | Asked in Constitutional Law, Contracts and Real Estate Law for Florida on
Q: Does the seller get to keep deposit from the buyer. If buy if denied the loan for the house..

My daughter had signed a contract to buy a house with me as a co-signer, however do to family medical issues.I was not able to co-sign. Her real state agent, was telling her "that she needed to pay for a home inspection in order to terminate the contract. even after my daughter had already... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 29, 2018

Probably, but why didn't you ask this question in Justia › Ask a Lawyer › Pennsylvania › Real Estate Law › ?

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1 Answer | Asked in Constitutional Law for Florida on
Q: If a man is impeached, tried and convicted in the Senate, can he also be tried for the same offense other courts?

Wouldn't double jeopardy attach and keep him from being able to be tried and convicted for the same offense in civil or criminal courts, state or federal? Of course, he would have been removed from office after Senate conviction, but he wouldn't be punished or imprisoned based only on the... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2018

The answer to your first question is yes. Impeachment, if resulting in conviction, causes only removal from the position, and the Senate is NOT a Court, it is part of the legislative branch of government. After removal, the perpetrator may be arrested and prosecuted in a court of law.

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Am I practicing discrimination if I decide not to rent to a Trump supporter (in Florida) and put it in an ad?

I rent out a room in my home in Florida and wanted to confirm that refusing to rent to someone (discriminating against) based on their political affiliation or personal voting choice is illegal, but that refusing to rent to to someone based on their support of a political individual... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2018

Under Federal and State law, It is LEGAL to discriminate against someone based on their political views, AS WELL AS their political affiliation or personal voting choice, as those categories are not amongst the "protected classes", such as race, sex, religion, age, national origin,... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Hypothetically speaking if I gave an officer consent to search my home only and what they found was outside the area

I consented to search inside tucked away in my car; would anything the police grab outside the area consented to search be illegal.

Kevin John Mawn
Kevin John Mawn
answered on Aug 25, 2018

A search can not exceed the scope of permission; however, if the item is in plain view while conducting the search, then the discovered item is legally obtained.

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1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: has my sons civil rights been violated ?

As a juvenile the police railroaded him for SOME things he didn't do, cause he would not tell on anyone he knew that they would ask him about, they used to pick him up as he left school to take him to the station just to release him later, now he has been to every court date, turned himself in... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 24, 2018

You would have to show all police reports, court papers, and other relevant documents to a lawyer in an in-person consultation to get a meaningful answer to your question. Also, your inquiry is a bit vague as to what aspect of this whole thing you believe possibly may be a civil rights violation.... View More

2 Answers | Asked in Constitutional Law for Florida on
Q: Live in Florida. Can a hospital put a lien on my house after 14 years

My mother received a phone call that I would be served today for a hospital bill of $2,492.96 from 2004 and a lien would be put on my house. I worked at Disney at that time so that bill should of been paid. This is the first I knew of this.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 23, 2018

It appears to be past the statute of limitations. If, somehow, they get a judgment anyway, that could be recorded so as to constitute a lien.

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1 Answer | Asked in Constitutional Law for Florida on
Q: As a student do I have grounds to seek legal action against this because it goes against seperation of church and state.

The state of Florida is requiring schools to put the Motto in God We Trust in a conspicious spot in Florida schools as per recently passed legislation (1003.44).

Charles M.  Baron
Charles M. Baron
answered on Aug 22, 2018

While you definitely can file a lawsuit for declaratory and injunctive relief under the First Amendment Establishment Clause, Courts have generally ruled that the placing of that motto and similar things in public places (and on money) is NOT a First Amendment violation, using what I think is poor... View More

1 Answer | Asked in Constitutional Law for Florida on
Q: What happens if a federal law directly contradicts a law in the Florida constitution? Which law governs in that

situation?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 30, 2018

I suspect that you think you know the answer and that you're asking this question rhetorically. But actually the Supremacy Clause of the U.S. Constitution is more complicated than you imagine. If you really want an answer, I suggest that you give us specifics.

1 Answer | Asked in Constitutional Law for Florida on
Q: Hello? U.S. Constitution> Article II Section I. Could you explain it in lay terms? thx

Was a president elected or appointed?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 19, 2018

"Article. II.

Section. 1.

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State...
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