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Derek B Brett's Answers
- 210 Legal Answers
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2
Attorney answers:
Would it be illegal for consenting adults to have sex in a dressing room in Florida?
Well, it would certainly be deemed a trespass upon any possible discovery. Obviously, the store does not deem sexual relations as a permissible, designated use of its dressing rooms. Also, if you are caught, then it could be deemed -- at a minimum -- a breach of peace (second-degree misdemeanor), or a lewdness offense (likely, no more than a first-degree misdemeanor without sexual offender consequences). Derek Brett The Brett Law Firm, P.A. Orlando, Florida
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Attorney answers:
I was arrested on a ludicrous charge which was dropped by the judge, can I sue for discrimination?
Based upon what you have stated, this was a wrongful arrest -- one for which you may have a cause of action. What you will need to assess (likely, with an attorney), is against whom you have a legitimate shot of successfully suing. The agency may be covered from successful suit unless it can be affirmatively established that they failed to properly train this officer, and that someone within management had knowledge of such issues. Certainly, there would appear to be a suit against the...
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3
Attorney answers:
When can i get my civil rights back?
I practice in FL. Your rights are not automatically restored -- not even in part -- upon completion of sentence. Rather, FL is a unique state (not in a positive manner), as you must specifically petition for rights restoration, and await the state government's approval of such rights restoration. In the past, this has been deemed a cumbersome process. The ACLU has a fantastic presence in the area of rights restoration and often sponsors various rights restoration workshops. I would...
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3
Attorney answers:
How can I get this misdemeanor dropped?
My colleagues are correct. You will likely need to retain an attorney who is ready for the fight -- because this is exactly what is entailed by having to challenge the powers-that-be. There are presently new TASER policies being implemented with law enforcement agencies throughout the country -- fueled by a federal appeals court ruling from the West Coast that calls into question the severity of the use of such devices. This will be a three-step process: 1. Challenge the charge; 2....
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Attorney answers:
Can you be arrested in Florida for shoplifting becasue you had goods in your pocket but had not atempted to exit the store yet?
I will have to, at least in part, disagree with Mr. Brinkmeier's response: 1. Can you be arrested? Perhaps, if store security or the police believe that the actions of your nephew rose to the level of "probable cause" to make the arrest. 2. At the same time, I would imagine that it would be difficult to sustain the charge, and to have a jury convict, if all someone did was put something in their pocket. There is no intent that can be proven, at that point, to temporarily or...
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3
Attorney answers:
Please help need Orlando civil attorney for wrongful arrest lawsuit.
My colleagues, perhaps inadvertently, alluded to a problem that you will have in searching out for a civil rights attorney in Central FL: oftentimes, many attorneys practicing civil rights and capable of doing a wrongful arrest case are sole practitioners. If you are searching for an attorney who will take your case on a "contingency fee" basis, then locating such an attorney could prove difficult, unless your case proves exceptionally strong. I should know: about 20-30% of my practice...
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1
Attorney answers:
Is it illegal for someone to videotape sexual encounters without my consent?
Florida requires two-person consent, meaning both individuals need to be aware of -- and consent to -- the recording. The failure to secure such consent is a violation of FL criminal statutes. I would seek the advice of a qualified attorney, and also consider the prospect of approaching your local prosecutor's office. Derek Brett The Brett Law Firm, P.A. Orlando, Florida
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2
Attorney answers:
Lewd and Lacivious Charge (Florida)
I would have to suggest refraining from making such comments online regarding the potential guilt of an individual charged with an offense. Such remarks could be tracked. You hail from Columbia County -- it does not require a great leap to examine cases similar to your family member's in your jurisdiction. Sex with a 12 year old cannot, under FL law, be consensual. Also, there is a big difference between "lewd and lascivious" and "sexual battery." Presently, according to your statement,...
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3
Attorney answers:
If you get a notice to appear in court or pay afine and the police do not file your case in time to pay the fine what can you do
From subsequent postings, this appears to be a misdemeanor offense. However, if it was simply payable by a fine, it would not be a misdemeanor, but merely a civil infraction, like a speeding ticket. If you have a court date upon which to appear, then you should appear. Police do not "file" on a case -- a State Attorney's Office does. The citation may have been placed into the system. If, on the day of court, you discover that there is no case, then you are a fortunate individual -- the...
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3
Attorney answers:
Do i need a criminal defense lawyer to solve this matter
Yes, it is possible for a felony arrest warrant to be issued on innocent people. It happens -- too often. Yes, you need to get an attorney in and/or around the subject jurisdiction. Police issue warrants based upon purported findings of probable cause. In your case, the police may simply feel that they had enough for a probable cause finding, and to request an arrest warrant. If one does exist, then a judge signed off on it. Also, if your former employer was the only one talking to police,...
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