Christopher Emmanuel Benjamin’s Answers

Christopher Emmanuel Benjamin

Aventura General Practice Lawyer.

Contributor Level 9
  1. Can a cop use my words against me if he hasn't read me my rights?

    Answered 11 months ago.

    1. Christopher Emmanuel Benjamin
    2. Aseal F Morghem
    3. Mikolaj Tytus Tempski
    3 lawyer answers

    My colleagues are both right. If you were not in custody and you were not be interrogated but made an unsolicited "joke" that gave evidence toward your possible criminality, then that "excited utterance" or "admission against interest" or simple assertion could be used as bases of establishing probable cause for an arrest or a search, etc ... Make sure you consult an attorney that can go over all your rights and possible defenses.

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  2. Can i adopt my daughter back from my parents ?

    Answered 11 months ago.

    1. Christopher Emmanuel Benjamin
    2. Lawrence John Gibney Jr.
    3. Joseph Gufford III
    4. Earl Kenneth Mallory
    4 lawyer answers

    I agree with Joseph in that the adoption of your 18 year old should be rather simple but still would require a lawyer to guide you through the process. The minor child's adoption would seem difficult a first glance but with the consent of the adoptive parents (who are consenting to having their parental rights terminated) you should be able to accomplish this task. The possible hiccup that has been alluded to is that in the proceedings to terminate parental rights that judge may inquire as to...

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  3. One car accident can the passenger sue the driver if the passenger signed a refusal of treatment and left the scene?

    Answered almost 2 years ago.

    1. Ryan S Montgomery
    2. Joseph Torri
    3. Jeffrey Mark Adams
    4. Christopher Emmanuel Benjamin
    5. Thomas O. Sanders IV
    5 lawyer answers

    While I understand the instinct to be considered with whether yo are liable for damages, you don't have to be concerned about this issue because it is why you buy insurance in the first place - so you don't have to worry about these issues. Your insurance will investigate the claim and if necessary they will pay for damages or defend against any possible lawsuit.

    5 lawyers agreed with this answer

  4. My sister in law is occupying the deceased parents house, past judgments are stopping the sale

    Answered 11 months ago.

    1. Christopher Emmanuel Benjamin
    2. Pamela Thea Higer Polani
    3. Carol Anne Johnson
    4. Robert Miller
    4 lawyer answers

    I think that you must be sure that those deeds were not recorded because if they were not recorded, then any judgment by your siblings (that were named in the deeds) would not attach to the property. Even if they were, it depends on the state of each judgment. Were they properly executed such that a lien was "perfected" against the property. Judgment creditors have very specific recording requirements in FL and any mistake in those rules will prevent the intended lien. Did the judgments...

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  5. If I file for child support will that speed up the process for child custody or visitation rights?

    Answered about 3 years ago.

    1. Christopher Emmanuel Benjamin
    2. David Jule Gruskin
    3. Gregory Thomas Buckley
    4. John M. Cullum
    4 lawyer answers

    The answer to your question is simply No. The filing for child support with the Child Support Enfocement Division of the State's Attorneys Office does not speed up the process in the Father establishing his rights under the law. The fact of the matter is that most times that this process is taken the Father is ordered to pay child support and that is where the case ends (especially if the Father does not seek legal counsel). The reason for this is that the Court that handles child support is...

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  6. After serving a 3 day notice can I legally change the locks and can I keep any belongings they left at the house

    Answered almost 2 years ago.

    1. Carol Anne Johnson
    2. Marshall C Deason Jr.
    3. Christopher Emmanuel Benjamin
    3 lawyer answers

    Not only can you not change the locks; if you do. Yo could be liable to the tenant for 3x the rent amount in addition to attorney fees and costs. Any agreement involving real estate should be made writing to ensure enforceability. If the tenant does not vacat after the three day notice, then you must initiate a judicial eviction action and serve it upon the tenant. The tenant will have five (5) days to file a written response and deposit the desputed rent amount into the Court registry and...

    2 lawyers agreed with this answer

  7. Cut hair or you fired

    Answered almost 3 years ago.

    1. Christopher Emmanuel Benjamin
    2. Gregg R. Brennan
    3. Barry A. Stein
    4. Barbara Billiot Stage
    4 lawyer answers

    First you should understand that Florida is an at-will employment state - meaning that an employer can terminate an employee at any time. However, an employer cannot terminate an employee because of their race, nationality, ethnicity, creed, religion, age, gender or sexual orientation. An employer also cannot terminate an employee out of retaliation for exposing a dangerous condition or illegal practice of the employer or for complaining of discrimination. The burden to prove the...

    2 lawyers agreed with this answer

  8. Can a company sue me even if they are no longer a corporation and are closed?

    Answered 11 months ago.

    1. Eric Alan Dibert
    2. Uri Litvak
    3. Christopher Emmanuel Benjamin
    4. John P Corrigan
    4 lawyer answers

    A dissolved company no longer exist (unless it was administratively dissolved) and cannot access the FL courts to bring an action against you. If the debt was transferred to a third party that is attempting to collect the debt, then you have rights against that debt collector as indicated in the Fair Fair Debt Collections Act and Florida laws. One of those rights is the ability to determine if the person suing you has standing. You may also test whether they are a holder in due course. If...

    1 lawyer agreed with this answer

  9. Marry somebody in their country and then bring that person to the U.S as a fiance and marry again is consider Immigration Fraud?

    Answered almost 2 years ago.

    1. Alena Shautsova
    2. Christopher Emmanuel Benjamin
    3. J Charles Ferrari
    3 lawyer answers

    I would echo the sentiments of the other attorney answering this question. You participated in getting married twice; moreover, if you threaten to do something to someone unless they do as you instruct could be considered blackmail. You should get an attorney in your country that is familiar with family and follow the country's rules regarding divorce.

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  10. Can the father of my kids sign his parental rights over to avold child surport?

    Answered almost 3 years ago.

    1. Taira D Hopkins
    2. Christopher Emmanuel Benjamin
    3. Brent Allan Rose
    4. Arthur James Mullaney III
    4 lawyer answers

    I agree with Attorney Hopkins and would add that it may be difficult to have the child support reduced if the case was initiated by the State Attorney's Office or Department of Revenue because they would retain an interest in the case for the purposes of child support and would likely oppose any attempt to lower the child support without good cause (i.e.not just because the father doesn't want to pay or because its to bothersome for you to continue to enforce the child support order). Child...

    1 lawyer agreed with this answer