Charles M. Baron

Offering top-notch legal services in South Florida for over 36 years.

• Land Use & Zoning
• Car Accidents
• Slip & Fall
• Police Misconduct/False Arrest
• General Civil

• Zoom
• WhatsApp

• Free Consultation
• Credit Cards Accepted
• Contingent Fees
  Contingent (percentage) fees offered in appropriate cases
• Rates, Retainers and Additional Information
  Free consultations for some types of cases; otherwise, reasonable consultation fees.

Florida

Since 1985

11th Circuit

Since 1989

University of Florida

J.D. (1984) | Law

1982 - 1984

University of Florida

B.A. (1981) | Political Science

1978 - 1981

Florida Dispute Resolution Center

Current

Association of South Florida Mediators and Arbitrators

Current

National Lawyers Guild

Current

Broward County Bar Association

Current

South Broward Bar Association

Current

Certified Circuit Civil Mediator

Florida Dispute Resolution Center

Qualified Arbitrator

Florida Supreme Court

Q. Can the beneficiaries' lawyer access my expunged and pardoned records without a court order?

May 5, 2025

A: I'm no expert at what the Clerk's Office still has in its possession following an expungement (also known as expunction), but it's my understanding that NOTHING is left in the record, except maybe something indicating the case was expunged. If the case is sealed rather than expunged, there'd be a full file in existence, but under seal, and a Court order would be necessary to unseal it. I suggest you contact the Clerk's Office of the court where the criminal case occurred and ask what, if any, records still exist (either hard or electronic) following an expungement.

Q. Can a police officer search my car based on incorrect tag information and profiling?

May 5, 2025

A: It depends on what you mean by "he thinks he can." No police officer may lawfully search a vehicle without consent or warrant just because the officer feels like it. The non-consent, non-warrant circumstances that may legally justify a search include search incident to an arrest (which must be based on probable cause), officer seeing an illegal item in plain view, reasonable belief that an occupant is dangerous and may gain immediate control of a weapon, reasonable belief that an occupant is in danger, and reasonable belief that evidence of a crime may be destroyed in the time it would take to obtain a warrant. The lawfulness (or not) of the stop is a factor for some of the exceptions. Request the incident report (if any) and dispatch records/recordings regarding the stop, and if the reasons for the stop make no sense to you, consult a lawyer in your geographic area and/or contact an organization, such as the ACLU, that takes action about police racial profiling. ... Read More

Q. What is the potential value of a civil rights lawsuit in Florida with multiple amendments violated and evidence tampering involving sheriff bodycam footage?

May 3, 2025

A: The issue of the maximum amount you can claim by law and the predictable monetary value of a claim are two different questions.

For police/sheriff misconduct incidents, there are potential claims under both State (Fla.) law and Federal law. State law claims against State or local entities (including County Sheriff) generally have a statutory damages cap of $200,000. Federal law claims against State or local entities have no statutory damages cap, and neither do claims against law enforcement officers in their individual capacities (but an officer/deputy may or may not be collectible). Judges, however, have the power to reject jury awards that are seen as irrationally large, and there's a body of case law providing guidelines about that. Also, Federal law claims face certain technical obstacles, often resulting in the claims being tossed out, and therefore im some cases, State law claims are the better route to take, notwithstanding the damages cap.

Also, there's a difference between potential settlement value and potential jury award value, and taking a case "all the way" is always a gamble to some extent - sometimes a gamble worth to take, sometimes a gamble one would be crazy to take. Regarding your specific situation, there's no way you can obtain an opinion by making online inquiries; you'd need to schedule a consultation with a lawyer handling police misconduct cases, and the lawyer would need to review the facts and evidence in detail. ... Read More