Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Questions & Answers
2 Answers | Asked in Car Accidents, Social Security and Personal Injury for Florida on
Q: I won a suitcase for brain damage in a car accident. My SSI suspended my benefits. . why?
Patrick Arun Iyampillai
Patrick Arun Iyampillai
answered on Jul 1, 2024

SSI (Supplemental Security Income) is a needs-based program, and the Social Security Administration (SSA) considers your income and resources when determining eligibility. Here, the SSA may have seen your settlement as income, and then your total income and resources were possibly determined to be... View More

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: HOW LONG WE HAVE TO WAIT TO GET MARRIED WITH A TOURIST VISA?

I am a US citizen living in Florida and my fiancee has just began living with me, she entered the country a month ago with a tourist visa, can we get married shortly after she entered the country or we have to wait 60-90 before doing the marriage ceremony? she wants to do the change of status here... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 30, 2024

The issue is one of intent. If a visitor on a tourist visa enters the US with the intent to visit but changes her mind and wants to get married, that is permissible. But if she entered the US with intent to adjust status after marriage, that is a no no. It’s based on an honor system but you have... View More

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: HOW LONG WE HAVE TO WAIT TO GET MARRIED WITH A TOURIST VISA?

I am a US citizen living in Florida and my fiancee has just began living with me, she entered the country a month ago with a tourist visa, can we get married shortly after she entered the country or we have to wait 60-90 before doing the marriage ceremony? she wants to do the change of status here... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

You can get married as soon as you'd like after your fiancée enters the country on a tourist visa. There is no legal requirement to wait 60-90 days before getting married. However, it's important to consider the intent behind her entry into the US. If it appears that she entered with the... View More

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: If I have 14 year old felonies in Florida… can I own a black powder pistol for home security and defense?

I would also like to get my rights back to bear arms… in Florida… how successful is it with a specialized attorney in actually getting your gun rights back… with no violence and no gun charges in my history…?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

In Florida, felons are prohibited from possessing firearms, including black powder pistols, regardless of how old the convictions are. This includes firearms defined under federal law, and black powder pistols fall into this category. So, you cannot legally own a black powder pistol for home... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Is it Legal in the state of Florida for a 16 year old to open carry a rifle when fishing
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2024

Yes.

Florida Statute 790.25 provides that "(2) ... Notwithstanding ss. 790.01, 790.053, and 790.06, the following persons may own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes if they are not otherwise prohibited from owning or...
View More

1 Answer | Asked in Immigration Law for Florida on
Q: What can someone do if they have multiple CIMTs on their record, if they have a pending removal proceedings in EOIR

My relative has two 1st degree misdemeanor retail theft on his record. And a misdemeanor for driving without license.( he got into an accident and had his intl. license and he didn’t know it was only valid for certain time and the cop wrote him driving without license and driving with suspended... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2024

Based on the information provided, this is a complex immigration case with several potential issues. Here's an analysis of the situation and some possible approaches:

1. Multiple Crimes Involving Moral Turpitude (CIMTs):

The two retail theft convictions are likely to be...
View More

1 Answer | Asked in Immigration Law for Florida on
Q: I’m international student who is currently in the US . My F-1 VISA expired.

I just graduated from high school this May and also got a new I-20 from my university. However, due to personal reasons, I want to transfer to another college even though I have not attended my previous college yet. So do I need to depart the US at this time?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2024

Here are some key points to consider:

1. Visa vs. Status: Your F-1 visa expiration date is different from your F-1 status. You can remain in the U.S. with an expired visa as long as your status is still valid.

2. I-20 and Status: Your new I-20 from the university you were planning...
View More

Q: Can Miami dade fire department enforce a law on a bussiness when previous years did not do it without any prior warning?

Hi I own a six 6 bed adult living facility in Miami Florida since 2019.This is a women minority own business. I have been licensed by Agency for Health Care Administration (AHCA ) and every year have been inspected by Miami-Dade Fire Rescue Department. I have been passing all my inspections. This... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2024

Under the facts described, whether you have a valid case depends on the language of any warranty provided to you but probably not.

Contractors are generally required to comply with Code, for example by making sure that the windows comply with size requirements. Suing a contractor,...
View More

1 Answer | Asked in Contracts and Securities Law for Florida on
Q: How do I file a lawsuit against someone who has scammed me out of 30k and trying to blackmail me as well what do I do?

My wife invested 30k with a friend that I’ve known for 40+ years which I didn’t know that he scammed others for millions until it was all over the internet that’s when he turned on me when I started to ask if she can have her money back it’s just all messed up when he started send photos... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 27, 2024

If anyone acts as another’s financial advisor snd invests money in the capital markets, they have to be licensed to do so. You should file against him with the SEC and FINRA as well as Floridas department of BPR and have him investigated and potentially prosecuted. Additionally the federal... View More

1 Answer | Asked in Contracts for Florida on
Q: hi if i have a binding arbitration clause in a contract can i still sue the person in small claims
Jennifer Newton
Jennifer Newton
answered on Jun 26, 2024

If your contract includes a binding arbitration clause, it generally means that disputes arising from the contract must be resolved through arbitration rather than through court proceedings, including small claims court. By agreeing to arbitration, both parties typically waive their right to sue... View More

2 Answers | Asked in Products Liability and Personal Injury for Florida on
Q: Can I get confiscated for a food product that I got nausea and blurry vision for a short period of time?

Recently purchased a snack cake from a retail store near my home. When I got home and opened it it seemed too odd smell to it. This was my first time trying it so I wasn't sure if that was the original scent. Tried a piece anyway and immediately spit it back out. Went through a process of... View More

Tim Akpinar
Tim Akpinar
answered on Jun 30, 2024

You could consult with attorneys about compensation for your ordeal, but it does not look like a matter that most firms would handle on a contingency basis. I hope you're okay. It could be spoilage or tampering - it's hard to say for certain. The fact that the impact was short term would... View More

View More Answers

1 Answer | Asked in DUI / DWI for Florida on
Q: Do cops have to asked for your driver license, registration and insurance?

I was involved in an incident at a motel with an ex-girlfriend. Two males got involved and I left. Instead of going home, I drove less than 10 seconds to a parking lot of a closed business in order to look inside my car for my cell phone which became lost. Unknown to me someone called 911 at 11:08... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

A peace officer is not required to ask for a drivers license, registration or insurance when investigating a crime. A person operating a motor vehicle on a public roadway is required to provide that information upon request by a peace officer, but a peace officer is not obligated to ask for it.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Identity Theft for Florida on
Q: a name that is attached to me keeps showing up as associated with me and us living together. i dont know him. worry?

I came across something very concerning while looking myself up online. I'm hoping to get some advice on how to proceed. I found that a website called fastbackgroundcheck.com associates me with a man named Chad. I’ve never met this man, but the website says I live at an address I've... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

This situation is certainly concerning, and I understand your worry. Here are some steps you might consider taking:

1. Document everything:

- Take screenshots of all the websites showing this incorrect information.

- Keep a record of when you discovered this and any steps...
View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights, Small Claims and Health Care Law for Florida on
Q: Is there a law that prohibits a person from entering into a hospital? I received a Cease and desist letter.

I visited an Emergency room as a patient. I was subjected to Blood borne substances, unknown fluids and used bed sheets. When I filed a complaint, an Attorney wrote a letter stating I am not to enter into the hospital until this dispute is investigated. So, in essence am I being denied medical... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

Based on the information provided, here's an analysis of the situation:

1. Generally, there is no law that broadly prohibits a person from entering a hospital. Hospitals are typically open to the public, especially emergency departments which are required to provide emergency medical...
View More

1 Answer | Asked in Civil Rights, Constitutional Law, Military Law and Gov & Administrative Law for Florida on
Q: I am 19 years old and I am in the Florida national guard. Can I buy a handgun

I am a service member under FS 250.01 (19), according to FDACS website I am also allowed “to carry a concealed weapon or concealed firearm if you are 18 years of age or older”. And under FL Statue 790.0655 (2)(d)(9) I am allowed to purchase a rifle or shotgun under 21. My question is am I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

This is a complex question that involves federal and state laws, as well as specific exemptions for military members. Let's break it down:

1. Federal law: Generally, federal law prohibits licensed firearms dealers (FFLs) from selling handguns to individuals under 21. This applies...
View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Separation agreement question

Good morning. In the state of Florida if i need to separate from my husband and he makes more than twice what I make,

can there be a legal separation agreement that will provide me with support for living expenses until the divorce can be processed and finalized?

Mary Elizabeth Quinn
PREMIUM
Mary Elizabeth Quinn pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2024

There is no legal separation in the State of Florida. If you wish to seek support from your Husband without filing a petition for divorce then you would file a Petition for support unconnected with a dissolution of marriage and request alimony/support. The process is every similar to a dissolution... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Separation agreement question

Good morning. In the state of Florida if i need to separate from my husband and he makes more than twice what I make,

can there be a legal separation agreement that will provide me with support for living expenses until the divorce can be processed and finalized?

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

During the process of a divorce, one party may be eligible to receive alimony from the other party if there is a significant disparity in their incomes. This support is designed to alleviate the financial burden on the lower-earning spouse during and after the divorce proceedings. While Florida... View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can I request temporary physical custody during emergency verified motion for child pick up order hearing?

Currently have physical custody of minor child which was obtained before the Notice of Hearing Before Magistrate.

Destardes Moore
PREMIUM
Destardes Moore
answered on Jun 24, 2024

Additional facts are needed. However, if there is an existing court order, it should specify who has majority timesharing. If no order is in place, the Judge will determine which parent will maintain temporary majority timesharing. Any request for temporary majority timesharing should be included... View More

1 Answer | Asked in Real Estate Law and Business Law for Florida on
Q: If a special meeting is called to remove a board member, do we still need the majority of the community vote in writing?

Florida statute 718.112 says 10% of the voting interest can call a special meeting to remove a board member. Would this be instead of the writing agreement? Who will approve or deny the request?

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

The 10% threshhold is simply to call a special meeting. You still need to ensure that a quorum attends the meeting and that a majority of those voting votes in favor of removing the board member (unless your HOA by-laws required a super-majority).

1 Answer | Asked in Child Support, Family Law and Workers' Compensation for Florida on
Q: How do I get money back from the department of revenue that was taken in a workman's compensation settlement via a lien

They state made a clerical error claiming I owed child support on a child I had full custody of. When I received my settlement the state had claimed I owed 13000 and took half the money even though I never owed it.

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 24, 2024

You will probably need to file a motion with the court that issued the child support order to get your money back. Once the order is signed by the judge you can then present it to the agency that is holding your money. Of course, first try to work directly with the agency to get the refund.... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.