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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 100033
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I'm in Florida and have been seeing drones hovering around

Customer Question

Hi I'm in Florida and have been seeing drones hovering around my home and noticed it was video surveillance on my home and noticed my electricity and electronics were getting damaged and infrared lights at night in my home.I started taking photos and reporting this. Once I reported this over phone with dispatch she offered a officer to come there but I declined and left a message under there web sight about suspicious activity in my community. And as well I sent a message to our neighborhood watch. Then Shortly after I went outside one evening and was zapped by this drone on my chest. It knocked the wind out of me and my chest was on fire.
I called the same Orange County sheriff dept reported this and mentioned if there is something being surveliened and he said has anyone else seen this I said it shouldn't matter. He asked me if I wanted paramedics to come check me out I said yes. He then went to his car and then came back wanted to baker act me? I refused and he threatened me to force me and be there for 3 days. I said I'm not mental for reporting drones . Can they do this legally. and use previous times I've called to report Suspicious car in our park that actually followed me. Can these other reports be used against me? What can I do to protect myself legally from this
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. First of all, do you have any "enemies" or anyone that may wish to send a drone around your property?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Not that I'm aware of. I wanted a civil lawyer but somehow I got criminal
Expert:  Ely replied 1 year ago.

I actually am in both criminal and general legal categories. So you are in the right place, do not worry.

Customer: replied 1 year ago.
Great I just would like to know my legal rights in regards ***** ***** act
Expert:  Ely replied 1 year ago.

1) Drones are relatively new. Some individuals have been known to fly drones above others properties. This is not unheard of, but is uncommon.

2) However, most drones (at least the known types) do not have the ability to shoot someone with a laser (that it what it sounds like from your description). So if someone is reporting that a drone with a laser (or another equivalent) shot you, the first thought of the authorities may be "okay, this person may have seen something but overreacted." I am not saying you did, but am simply saying what they may think.

3) As such, it would be smart to hang on to any proof of the drone flying around as you said you shot some photos, because that can help show that your version of the events - or something akin to it - actually DID happen.

Expert:  Ely replied 1 year ago.

Now, let us talk about the Baker Act situation.

Customer: replied 1 year ago.
Right what about bakers act
Expert:  Ely replied 1 year ago.

The authorities have the ability to detain someone for three days to have them evaluated under the Baker Act if they can show that this individual

  • possibly has a mental illness (as defined in the Baker Act).
  • is a harm to self, harm to others, or self neglectful (as defined in the Baker Act).

If the person is found to be ill, then the detention may be lengthened into the Involuntary inpatient placement. See HERE.

If a county authority wants someone in your situation to put themselves under their care via Baker Act and possibly the inpatient treatment, it would be smart to retain counsel and to have the counsel threaten to file a Writ of Habeas Corpus in the Court, to show the Court that the patient (i.e. you) is not a threat to one's self or others.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
What if I don't get lawyer can they force me when I'm home or let's say on vacation in another state. Why didn't officer force me to baker and just leave? Do they have a legal right to use any previous incidences that I've had officer dispatched before this to prove this? Isn't there a protection I can do because I feel bullied
Expert:  Ely replied 1 year ago.

No, they cannot force you to be Baker Acted while you are in another state.

However, they may be able to take you into "custody" while you are at home.

I do not know why the officer did what they did. They may have not wanted to make that decision and left it for others.

They have a right to use any prior incidences in their argument to Baker Act someone, I am sorry to say.

This is not bullying per se, but it may be intimidating, I am sure.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Can you advise me or refer me to a lawyer that can help me with this?
Expert:  Ely replied 1 year ago.

JustAnswer experts are prohibited from taking customers as clients. However, May I recommend the FL Bar referral program - HERE. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!