Skip to main content
Elmer Sanchez

Elmer Sanchez’s Answers

192 total


  • If a civil lawsuit is brought against me, what is the process of the suit up until it goes to trial ?

    Is it he same process as in a criminal trial ? is it done by jury or judge ? What happens ?

    Elmer’s Answer

    I agree with my coleagues. If this case stems from a criminal act, the state will seek restitution (ie ask you to pay damages to the other party.) If that happens, the other parties will not be allowed to collect twice.

    See question 
  • Will my florida hardship license transfer to pennsylvania upon my moving there? or what must be done to obtain a hardship in P.A

    Im getting a hardship in fl, but am moving to P.A for work. I have a drug conviction not selling or intent to sell. Marijuana possesion. I am able to get my hardship here in fl, but will it transfer and will there be any fees?

    Elmer’s Answer

    PA is a difficult state when it comes to your DL. However, it is likely that YOU will have to do all the work. Make sure you have certified or original documents to show DMV in PA.

    See question 
  • My sister calld the cops and told them me or my mom or my brother took $600 the money was on my moms card

    the card is in my moms name my mom is the only one on the card

    Elmer’s Answer

    Did the police investigate? Were charges filed. What happened? We need more info.

    See question 
  • My wife moved out of our home. What is she entitled to?

    My wife of 8.5 years has moved out of the house asking fo a divorce. She wants half of all the money we put into the house. There is no equity on the house and wants be to buy her out. How does this work?

    Elmer’s Answer

    She is entitled to everything you are entitled to. Florida does not place blame in a divorce case. The only exception is when one party is wasting marital assetts.

    See question 
  • Friend's divorce - I paid his retainer. 1st attorney had a stroke. My friend hired a 2nd. Can I get the 1st retainer back? How?

    This happened about two years ago in a divorce case. Soon after I paid my friend's attorney's retainer (on my credit card), that attorney had a stroke. He quit practicing but did not return the retainer. He is very ill now and I cannot get a re...

    Elmer’s Answer

    Most retainer agreements state that the initial retainer is not refundable. Take a look at your contract, first. The Florida Bar may be able to assist in contacting him, if your contract allows you to get a refund.

    See question 
  • My ex husband filed an emergency modification to our marital agreement because he moved to Chicago. We live in Florida. He wants

    Our 6 year old to fly by himself to see him. I want him to come and get him and bring him back. The move is temporary. I have hired a lawyer BUT his response to the order was just to deny the request stating he is not mature enough. We now have t...

    Elmer’s Answer

    The matter has to go to court because the parents cannot agree. Perhaps your attorney can set up a private mediation to try to come to an agreement.

    See question 
  • Who is the state attorney to expunge my criminal record i need state attorney i just need to know who does that who is it..

    thanks i hope you can help me

    Elmer’s Answer

    Each office designates different attorneys. You will need to call the state attorney's office at (305) 547-0100

    See question 
  • Can instant messages be too old to be admitted as evidence?

    I came across the Mark Foley scandal that happened a few years ago and read that the instant messages he had with a minor could not be admitted as evidence because they were older than the three year statute of limitations in Florida. I was curiou...

    Elmer’s Answer

    The age of the text is only one factor in determining the admissibility of the evidence. It must still be relevant and either not hearsay or under a hearsay exception. In addition, there are ways to fake a text or email message and make it look like it came from one user when in reality it originated from another source. Talk to a local attorney to further discuss.

    See question 
  • Is there a time limit that an employer needs to sign, return and notarize an employment contract to the employee?

    I signed a contract for a teaching position with a charter school in Florida for the school year 2012 - 2013. This will be my third year teaching at this school. When I signed it in the presence of the principal, he took it and said he would giv...

    Elmer’s Answer

    There is no time limit per se. However, you will not be able to enforce the contract until it is time. There are exceptions to this general assertion. For example, if you are told nothing and go through the summer believing that you have the job, you would have an argument that you relied on the principal's promisse to your detriment. (Detrimental Reliance0. That alone could protect your interests. Best thought is to contact the school or the accountant and ask the question. Speculation will not get you far.

    See question