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52 votes

A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?

Short Answer SIMPLIFIED AND UPDATED BASED ON ADDITIONAL INFORMATION IN THE QUESTION: The marriage is valid, but their marriage will not allow the girlfriend to refuse to testify as a witness in the ...
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45 votes

Will Florida Social Media Bill Allow Trump back Online?

There are two reasons why this will probably not work. First, the law is likely to be considered unconstitutional. Forcing a private entity to host views that they do not want to violates their first ...
33 votes
Accepted

In USA, is it possible to end up being called to jury duty even if you have not registered to vote?

Yes, it is possible. The requirements are (1) you are a citizen (the burden is on the prospective juror to pay attention to that requirement) and (2) the court knows that you exist and calls you up ...
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29 votes
Accepted

Will Florida Social Media Bill Allow Trump back Online?

Trump is not a candidate The law regulates certain activities by large social media platforms (defined) and declares certain activities to be an "unfair or deceptive act or practice", which ...
  • 184k
19 votes
Accepted

Who decides DNR decision when patient is non compos mentis?

tl;dr Spouse before adult child. Patient’s designated surrogate, and court appointed guardian, before both. Assuming your mom does not have an advanced directive or has not designated a proxy, then ...
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17 votes
Accepted

Power Of Attorney Over Mom: Step Children versus Biological Son

Sources Florida Power of Attorney from the Florida Bar Association is a consumer pamphlet summarizing the laws in regard to a power of attorney. The actual laws are in the Florida Code sections 709....
16 votes
Accepted

Somebody's mother was scammed by a car dealer. What laws might apply?

Misrepresentation At common law, if you are induced to enter a contract by a material misrepresentation then you can rescind the contract and/or sue for damages. The person concerned would have to ...
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15 votes
Accepted

Felony codes in Frank Artiles fake campaign case in Miami-Dade

"CAM CONTR/ACC 2>CONT" refers to F.S. 106.08(7)(B), under which Artiles is charged with "making or receiving two or more campaign contributions over or in excess of the limits," ...
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12 votes
Accepted

When someone steals my bicycle, do they commit a higher offence if they need to break a lock?

We are talking about larceny and larceny & destruction of property in the two cases. So at the minimum, there are more laws that apply. But what are the laws? Florida names its Larceny statute... ...
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12 votes
Accepted

What is the duty of a medical office to properly bill one's insurance? (USA)

To my knowledge there is no actual law requiring a provider to file anything on your behalf. Most do it as a courtesy but if you read the terms of service that you almost certainly agreed to, it will ...
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11 votes

Will Florida Social Media Bill Allow Trump back Online?

No The bill does not apply to Donald Trump. Trump is neither a "journalistic enterprise," nor a political candidate: A social media platform may not willfully deplatform a candidate for ...
10 votes

A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?

According to https://www.baezlawfirm.com/can-your-spouse-be-forced-to-testify-against-you/ Section 90.504 of Florida’s Evidence Code includes the privilege to exclude "marital communications" from the ...
10 votes

Is it legal for a parent in Florida to remove their minor child's doors and install a surveillance camera looking into the bathroom and bedroom?

The relevant law is not so specific. It prohibits child abuse and child neglect which are defined only as general standards and not as specific rules. This doesn't appear to be child neglect, indeed, ...
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10 votes
Accepted

Giving information to patients about schedule 2 drug stocks at a retail pharmacy in Florida (US)

I don't know of any law, state or federal, that would prohibit the disclosure of these facts. Such a law would almost certainly be unconstitutional under Va. Pharmacy Bd. v. Va. Consumer Council, 425 ...
  • 49.2k
9 votes
Accepted

Is it legal to impersonate an abstract lawyer?

According to Florida law 454.23: Any person not licensed or otherwise authorized to practice law in this state who practices law in this state or holds himself or herself out to the public as ...
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8 votes
Accepted

Is fake blackmail still illegal?

According to Blackmail Overview :: Justia (emphasis mine): A blackmailer typically has information that is damaging to the victim, and uses threats to reveal that information in order to coerce ...
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8 votes
Accepted

Can someone get a spouse off a deed that never lived together and was incarcerated?

Two people can have an equal interest in real property without being married, and being incarcerated doesn't affect a person's property rights. What matters is that now your ex-wife has a legal ...
  • 184k
8 votes

Harassment in Pandemic

Following you around with the intent of harassing you is stalking. I don't know whether there's going to be a law actually requiring social distancing in Florida. In other states, I've seen laws set ...
  • 49.2k
8 votes

Attorney Client Privilege (ACP): Attorney Invoices

Does the HOA's lawyer have a duty or is it standard practice to label documents (including) as privileged if it contains privileged information? While it is sometimes labeled, this is done by ...
  • 159k
8 votes
Accepted

What kind of compensatory damages are available in a class action lawsuit (landlord/tenant)

Usually, the compensation would be B (economic damages plus prejudgment interest at the appropriate rate), together with court costs other than attorney fees. But the lease, or depending on the exact ...
  • 159k
7 votes
Accepted

Required to have a fishing license if homeless?

The Florida Fish and Wildlife Conservation Commission has a page which explains who needs a license. Generally, a license is required for all saltwater and freshwater fishing, but there are various ...
7 votes

Can you block the sidewalk in front of your house in a gated community?

Gated communities are generally part of homeowner's associations that have covenants, rules and regulations regarding how you can use your property. In all likelihood, blocking sidewalk, and perhaps ...
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7 votes
Accepted

Developed initial version of website in belief contract would get signed. They backed out. Is the site mine?

All your work is yours. They've made it very clear it wasn't a work for hire, so it's yours. They can't copyright any of their ideas. You can't copyright an idea. Only specific creative elements ...
7 votes
Accepted

Are tow truck drivers allowed to be armed while working?

Tow truck drivers in general might be allowed to carry firearms if they have a concealed weapons license, but the shooter in the case at hand wasn't merely a tow truck driver. He was actually ...
6 votes
Accepted

Can an employer force an employee to have a social media account and put their current employment information on the profile?

I can't find any law that would prevent an employer from requiring this. Under current Florida law, an employer can even demand passwords and access to an employee's social media accounts. A bill ...
6 votes

Expired tag sweep in a private apartment parking lot in Florida

It is legal for a property owner to have a vehicle towed off of their property, if the vehicle is there without permission. If you have a vehicle with expired tags, your permission to park there may ...
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6 votes
Accepted

Evidence found during police search of incorrect address listed on search warrant

Here is an excellent (and extensive) explanation of jurisprudence regarding the "good faith exception" to the admissibility of evidence found due to an error. In short: Yes, the contraband found in ...
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6 votes
Accepted

Hospital billed me for services that I explicitly refused. Are there any legal ramifications for hospital?

There aren't any specific laws or regulations about medical charges. Instead, this is a matter of general contract law, where you have to agree. You have to consent to be treated, and a signature is ...
  • 184k
6 votes
Accepted

Employee fired for reporting a serious injury, but in a roundabout way - How difficult is it to prove the employer's motive?

A plaintiff wins a civil claim by proving their case on the balance of probabilities - that is, is their case more likely than the defence case. The court will decide if it is more likely that the ...
  • 171k
6 votes
Accepted

Motorcycle chariot subject to FL motor vehicle laws

It wouldn’t Motor vehicle designs and modifications have to meet certain safety standards - so called “street legal”. These don’t. Play with them all you like on a private track but they won’t get ...
  • 171k

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