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Whitney Rae Lonker

Whitney Lonker’s Answers

12 total


  • I have been subpoenaed to appear as a witness for the state in a case against my husband

    Is about a domestic violence case. This is the 2nd time. The first time I invoked my privilege of marriage. I really don't want to go forward with this, I believe my husband and I can work this out through counseling. What can I do? I don't want m...

    Whitney’s Answer

    • Selected as best answer

    The best thing you can do is to hire an attorney to represent your husband. If there are no independent third party witnesses and you are not willing to be a witness against your husband then it may be difficult for the state to introduce the statement and/or the recording into evidence. Your husband needs an attorney. If you cannot afford one, ask the court to appoint a public defender.

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  • My brother was out on parole for armed robbery hooked up with a friend,started drinking and smoking dope.They stopped at a gas

    station the friend said he needed to use the restroom,but went in and robbed the place my brother being scared took off with him.Once he was arrestted he told the cops he did not knoow his friend was going to rob the place,his friend told the cops...

    Whitney’s Answer

    Did the friend use a weapon in the robbery? Most likely your brother will have his parole revoked and will be charged as a principal in the robbery. It's a case of who you hang with. Since your brother had an opportunity to divest himself from the crime but did not, according to the law, he went along and acquiesced to it. As such, he becomes involved. How much time are they offering him on the plea? In Florida, if it was an armed robbery, he could be facing 10 years with a 3 minimum mandatory meaning he will do every day of 3 years with no credit for gain time or good behavior.

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  • If I violate misdemeanor probation (DUI) in the state of GA. Didn't finish community service in time. And do not show up for...

    If I violate misdemeanor probation (DUI) in the state of GA. , as my probation officer refuses to accept the form of community service that I performed, even though I did so through a 501(C)3 registered non profit. I have a chance to plead my ca...

    Whitney’s Answer

    If a warrant is issued for your arrest in GA then it is placed into a national data base and the police in CO will be able to see it if you get pulled over there. However, GA will most likely refuse to expend the money to come and pick you up in CO over a misdemeanor violation of probation. However, eventually, you will have to deal with the GA violation at some point in your life. It most likely will not go away. I encourage you to go to the hearing and to plead your side of the case and ask for a lawyer if you cannot afford one.

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  • Lowering child support payments for children over 18 years old

    My husband had 3 children. One is 20 and has not been living with custodial parent for at least 2 years. One is about to turn 18 and lives with my husband. DSHS says my husbands child support is one lump sum. How can he get his child support l...

    Whitney’s Answer

    In Florida, your husband would need to file what is referred to as a modification of child support. The standard for modifying a court order in Florida is a substantial change in circumstance. Meaning, if your circumstances have changed substantially since the entry of the final order then you (or your husband in this case) would qualify to have the modification granted. The substantial change in your husband's case is that his children have reached the age of the majority and therefore his child support obligation should cease and he should be given a "credit" for any arrearage that accrued since they reached the age of 18. But you certainly need to contact a lawyer in the state from which the final judgment was ordered. All states have different rules and it's best to check with someone licensed in your state to answer your question. I hope this helps. Good luck.

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  • Can I press chargers against my ex-husband for failure to pay a court order for child support?

    Can I press chargers against my ex-husband for failure to pay a court order for child support?

    Whitney’s Answer

    Well, first of all, I see you're writing from Louisiana. Louisiana is the only state in the Nation that still follows a civil law system vs. a common law system. In Florida, you would need to file a motion for contempt with the family law court and/or contact child support enforcement in your county. However, Louisiana is a different entity altogether so I would suggest finding an attorney who practices family or domestic relations law and arrange a consultation. Best of luck to you! And Geaux Saints!

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  • For 4 years my ex husband used my tax rufund to pay his taxes! Can I get any of my refund back? or Go after him to pay me?

    I was with my ex-husband for about 4 years and the entire time we were together I worked a steady job that gave me a W2 and the end of the year, So I paid my taxes and should have gotten a refund. My ex-husband however was self-employed and had t...

    Whitney’s Answer

    You should hire a family law lawyer and file a motion to get your money back and call the IRS! The IRS will have a department that deals with this very type of situation. So, you have two options for remedy; 1. file a motion in the family law court and have a judge order him to pay you back and 2. call the IRS and report him. The IRS will probably refer you to the fraud department for assistance. Best of luck to you!

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  • What should i do after recieving a letter saying that i did not pay my ticket or show up to court after 4 years?

    Back in December December 20th 2005 i got a ticket for a failure to yield. I went to the court immediately the following day. I agreed to take a Defensive Driving Course and Paid the Difference. I took the online couse that you can get at Blockbus...

    Whitney’s Answer

    I am a criminal/traffic and family law lawyer in Jacksonville, Florida. If you were my client, I would request a court date for your and open up your 2004 case to show where you complied with all requirements and try to get the present case dismissed. You should contact a lawyer to explain a plan of action for you in your State. If you're in Jacksonville, FL, call me at 904-685-1200, and I will be glad to help you.

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  • DUI in Maryland in 2002.

    I have completed all requirements for Maryland. My license is in the state of Florida. I am trying to reenlist in the USMC and because of my DUI 8 years ago I am unable to reenlist. What should I do to get my license back. Will I be able to expung...

    Whitney’s Answer

    If you have completed all of your Maryland DUI requirements and you have completed the license suspension in Maryland, you will have to pay a reinstatement fee in Florida and show proof of completion of all requirements. You should be able to get a valid license in Florida. In Florida, a DUI cannot be expunged. Check with a local attorney in Maryland to find out if a DUI is an enumerated offense that is precluded from expungement in Maryland. Good luck!

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  • I am 17 and am being charged with a DUI. What is going to happen?

    i was in a single car accident. blew a .103 and went to court yesterday. it was dissmissed till my blood comes back but the prosecuting attorney had no evidence to charge me. it is my first offence and i dont get why i was not taken to jail. i th...

    Whitney’s Answer

    You must get an attorney. In Florida, the police are required to follow certain procedure when collecting a blood sample in a DUI case. If the procedures are not followed correctly then your blood results could be suppressed and the State may not have a case to proceed against you. It is a very technical area of the law, and an area in which defendants have much luck as many officers have yet to be properly trained in the proper techniques for the collection of blood in a DUI case. It would benefit you to at least have a consultation with an attorney to see if this is an avenue for you in your defense. Best of luck to you!

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  • Can I drive a car on military orders if I have a DUI?

    I was convicted of a DUI and have to drive a car with an interlock device. In April, I am going TDY to Florida for a month and am required to get a rental car while there. Is there any way I can legally drive a car while there even though I have a...

    Whitney’s Answer

    You cannot drive a rental car in Florida if another state's court has required an interlock device on any vehicle that you drive. The civilian court arena and the military court arena are two distinct separate tribunals. If the civilian court has entered an order requiring you to obtain an interlock device then the military orders will not supercede the civilian court's order. I suggest that you contact your command to address this issue and/or contact an attorney who could possibly file a motion with the court to amend your sentence. Best of luck and thank you for defending our freedom!

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