Florida Constitutional Law Questions & Answers :: Justia Ask a Lawyer

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Florida Constitutional Law Questions & Answers Q: As a federal employee am I allowed to start a petition with fellow employees in regards to retention bonus equality? 1 Answer | Asked in Employment Law, Gov & Administrative Law, Constitutional Law and Employment Discrimination for Florida on Sep 17, 2017 Answered on Jan 25, 2018

Kevin Sanderson's answer I am not aware of anything prohibiting federal employees from engaging in concerted activities. These are activities designed to bring about improved working conditions, salary, etc. Lawyers: To answer this question, please Log In to your account.

Q: Is it against Respectful Workplace confidentiality if my complaint was sent directly to the person I complained about? 1 Answer | Asked in Employment Law, Constitutional Law and Employment Discrimination for Florida on Dec 30, 2017 Answered on Jan 25, 2018

Kevin Sanderson's answer Unfortunately, there is no such thing as "respectful workplace confidentiality." It may be poor form, but there is nothing I can see fro what is here that was illegal.

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Q: I received a handgun as a gift, I'm 19 years old and live in Florida. Can I have it in my car? 1 Answer | Asked in Criminal Law, Agricultural Law, Constitutional Law and Securities Law for Florida on Jan 18, 2018 Answered on Jan 19, 2018

Terrence H Thorgaard's answer Yes, you can possess it and, as I advised you yesterday, you can have it in your car if it is "securely encased or is otherwise not readily accessible for immediate use". If it's in an unlocked glove box, it is arguably readily accessible for immediate use. Also, as a former firearms safety instructor, I would suggest that it's safer to not have a round in the chamber of a semi-automatic handgun until you are ready to use it. Lawyers: To answer this question, please Log In to your account.

Q: can an hoa dictate what i do in my garage 1 Answer | Asked in Real Estate Law and Constitutional Law for Florida on Jan 4, 2018 Answered on Jan 7, 2018

Jonathan A. Klurfeld's answer When you moved in you agreed to abide by the CC&Rs (governing docs) of the HOA. Whatever they say you can or cannot do govern here. If they say you cannot do what you are doing then you have no choice but to stop/ There is no constitutional issue, you agreed to the rules via purchasing a property subject to the HOA governing docs; this is purely contractual. Lawyers: To answer this question, please Log In to your account.

Q: Need lawyer to assist me and my.85 year old mother with a conversion claim. Having difficult time locating a lawyer 1 Answer | Asked in Foreclosure, Constitutional Law, Elder Law and Probate for Florida on Nov 16, 2017 Answered on Jan 2, 2018

Jason E. Neufeld's answer You may want to call the police and adult protective services. Copy and paste the following link to report elder abuse: http://elderaffairs.state.fl.us/doea/report_abuse.php If its a case against a financial adviser or stock broker, reach out to me. Lawyers: To answer this question, please Log In to your account.

Q: Can a city police officer seize a foreign drivers license from me? 1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Florida on Dec 20, 2017 Answered on Dec 21, 2017

Terrence H Thorgaard's answer Go to the police station and demand that the documents be returned to you.

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Q: If Hobb's Act Robbery is no longer a crime of violence does ones indictment with the charge still stand? 1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Florida on Nov 18, 2017 Answered on Nov 18, 2017

Terrence H Thorgaard's answer The Hobbs Act is a federal statute dealing with robbery or extortion affecting interstate commerce. It is codified as 18 U.S.C. § 1951. Normally, an amendment to a criminal statute doesn't affect pending prosecutions under that statute. Here is a link to the text of the Hobbs Act: http://www.law.cornell.edu/uscode/text/18/1951 It appears that the act hasn't been amended since 1994. He can ask his attorney, but it doesn't look to me that he has a viable argument that the... Lawyers: To answer this question, please Log In to your account.

Q: Would it be unconstitutional for a president to issue an executive order interfering with a marriage as a sacrament? 1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on Nov 3, 2017 Answered on Nov 4, 2017

Terrence H Thorgaard's answer Hard to say with the limited information you have given us. I have no idea what the Hughes–Ryan Amendment (which concerns funding of covert operations by military, intelligence, and national security agents) has to do with it. Lawyers: To answer this question, please Log In to your account.

Q: Can someone sue me when i have the title in my name with a signed bill of sale. 1 Answer | Asked in Contracts and Constitutional Law for Florida on Oct 19, 2017 Answered on Oct 20, 2017

Andy Wayne Williamson's answer Yes. He can sue you. Can he win is the question. Really cannot evaluate the situation without seeing the documents. If the bill of sale says what you paid and you have proof of paying the same then sounds like you should win the case. Good luck. Lawyers: To answer this question, please Log In to your account.

Q: How long can I stay on a public sidewalk 2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for Florida on Sep 18, 2017 Answered on Sep 18, 2017

Andy Wayne Williamson's answer Obviously, there is way more behind this question. Ask again and give a lot more details.

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Q: my friend was shot by accident at a friends house. he survived. the investigators took his car. 1 Answer | Asked in Civil Rights and Constitutional Law for Florida on Sep 6, 2017 Answered on Sep 6, 2017

Terrence H Thorgaard's answer I believe that they will need a search warrant to analyze the phone. I expect that they are in the process of getting one.

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Q: Who has jurisdiction to take a complaint against a judge and investigate a violation of due process rights by a judge? 1 Answer | Asked in Criminal Law, Constitutional Law and Medical Malpractice for Florida on Aug 18, 2017 Answered on Sep 1, 2017

Peter Munsing's answer Your recourse would be an appeal or reopening of the case. Judges are for the most part immune from liability, certainly under your facts. Consult with the Florida Civil Liberties Union or ask for the names of some of their "cooperating attorneys" with regard to sentencing issues. Lawyers: To answer this question, please Log In to your account.

Q: In criminal law, how do we define the term "Probable Cause" ? 2 Answers | Asked in Civil Litigation, Criminal Law and Constitutional Law for Florida on Aug 26, 2017 Answered on Aug 26, 2017

Terrence H Thorgaard's answer The "Justia Ask a Lawyer" is not a sounding board for issues of this nature. You might want to consider writing a law review article instead.

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Q: Can a county set up an "employee family member ONLY" disaster shelter and deny access to the public 1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on Aug 15, 2017 Answered on Aug 15, 2017

Andy Wayne Williamson's answer If you are a county. You likely have a county attorney on staff. Start by speaking with your hired attorney.

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Q: Is chalking the sidewalk illegal? 1 Answer | Asked in Constitutional Law for Florida on Jul 16, 2017 Answered on Jul 17, 2017

Terrence H Thorgaard's answer I don't know of any such state statute. If you are charged with a crime for doing so, your citation will refer to the specific statute or local ordinance you are charged with violating. Lawyers: To answer this question, please Log In to your account.

Q: Can police seize a car that's not the drivers? Car is mine an I'm in Florida. 1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on Jun 1, 2017 Answered on Jun 3, 2017

Terrence H Thorgaard's answer They can seize it for any number of reasons. If you want it back, you might have to pay impound fees, etc., but depending on the circumstances of the seizure, you can probably get it back. Lawyers: To answer this question, please Log In to your account.

Q: I live in a mobile home park and our house *trailer* is almost paid off. So i have an issue. 1 Answer | Asked in Civil Rights, Constitutional Law, Land Use & Zoning and Real Estate Law for Florida on Apr 27, 2017 Answered on Apr 27, 2017

Andy Wayne Williamson's answer It does appear that you may be singled out. However, there is no way for me to know how or why. Sounds like you already decided that it is best to not ride the motorcycle around unless you get a muffler that will dramatically reduce the sound. Lawyers: To answer this question, please Log In to your account.

Q: Why would a district court judge delay an IFP motion, and order servoce to be made by plaintiff after over 4 mo. 1 Answer | Asked in Civil Litigation and Constitutional Law for Florida on Apr 24, 2017 Answered on Apr 24, 2017

Andy Wayne Williamson's answer There is not enough information here to give any advice. It does sound like there is more to the story than you listed here. I suggest that you speak with an attorney and get specific advice after the attorney looks at the history of you case. Lawyers: To answer this question, please Log In to your account.

Q: Hello, I live in Florida. Was this stop and frisk situation legal? 1 Answer | Asked in Civil Rights and Constitutional Law for Florida on Jan 22, 2017 Answered on Jan 23, 2017

Terrence H Thorgaard's answer If something incriminating was found, you should ask an attorney in your area who has extensive experience in criminal law.

Q: How can I go about removing my husband from our house legally 1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for Florida on Dec 21, 2016 Answered on Dec 27, 2016

John Arthur Smitten's answer Get a restraining order if he is making threats. Hire a lawyer.

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Florida Constitutional Law Questions & Answers :: Justia Ask a Lawyer

Florida Constitutional Law Questions & Answers Q: As a federal employee am I allowed to start a petition with fellow employees in regards to retention...

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