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Elmer Sanchez

Elmer Sanchez’s Answers

191 total


  • How long after being taken into custody and asking for an attorney or public defender can a subject be kept from seeing an atty?

    The person in question was working out of town when a warrant was issued for his arrest. When he returned home the next day, he turned himself in and asked to see an attorney, at that time informing the deputies that he would need to see a public...

    Elmer’s Answer

    The right to an attorney is guaranteed by the US constitution. However, it is somewhat limited. You have the right to an attorney's assistance if you are in custody and being questioned. You also have the right to an attorney during critical phases of your case. There is no set time limit. Unless there is some sort of abuse of discretion, it will be dificult to convince a judge that your rights were violated. We would need more information to address these issues.

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  • Serving a subpoena

    I live in FL. My ex-wife and I are going through a finanacial battle in court regarding income and child support. She is about to short-sell our former marital home which is in foreclosure. I belive she is getting a large cash award from the ba...

    Elmer’s Answer

    In addition to my colleague's answer, you can try to get her to answer interrogatories and requests to produce. Hopefully she is less than honest, which you will be able to show with the documents you receive from the subpoena.

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  • How can I get shared or full custody?

    My custody was highjacked a year ago (reduced from 75% down to about 10%). My ex did not do well with 90% custody and child started failing in most areas, health, academic, social, and was neglected. I alarmed the school and they offered tutoring,...

    Elmer’s Answer

    The best advice I can give you is to hire an attorney for a modification.

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  • What if I don't have money for a lawyer what else can I do????

    My son father took my son nd won't give him back he is not on the birth certificate nd the Orlando police said I need proof that I am the primary care giver my son father applied for medical but how can he file if is not on the birth certificate n...

    Elmer’s Answer

    You have the right to represent yourself (Highly not recommended). But, you can do it. Legal Aid is the other alternative. We offer a free consultation and payment plans. Feel free to call at 407-426-5757

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  • My former spouse garnished my wages for child support and alimony, i am head of the household and lost my job in march my wife

    is going to continue to garnish my wages until i get my final judgement modified, problem is i am only obtaining part time work and the garnishment takes every cent i earn. what is the maximum percent that can be garnished?

    Elmer’s Answer

    Generally speaking you are looking at a max of 50% (with exceptions). You need to get to the court and get a modification. Contact a local attorney who offers free consultations to discuss in more detail.

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  • I live in IN im 17 and had a baby her father is 18 he signed the birth certificate does that mean he has rights

    he is her father but many are saying we need a DNA test for his to have rights to her

    Elmer’s Answer

    Until such time as a court establishes paternity as a matter of law, he does not have rights. The birth certificate is only evidence of what the parents think. He will need to hire a lawyer and file a petition to establish himself as the father. You can also file it, or the state can establish it through a child support action.

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  • Aggraved assualt charge

    My friend was on probation for agg.assualt charge he violate his probation for not goin juss one time he was doin good he didnt catch no other charged s while he was on probation now he locked up he go to court next week he trynA get baxk on prob...

    Elmer’s Answer

    This is what is called a technical violation. The probation officer is the key. His or her recommendation will carry a great deal of weight with the judge. He may be reinstated to the probation, but he can receive a significant amount of jail time. He needs to hire an attorney or have the PD represent him.

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  • What to shoplifting incident...first time offence...I work for the state... stupid mistake

    Io made a stupid mistake of shoplifting..the a out was no more than 54 dollars..can't afford an attorney single mom.. thought about taking the punishment but I have Ben reading online and the consequences I see for that amount are 180 days in jai...

    Elmer’s Answer

    If you cannot afford an attorney, ask for a public defender. The sentences that you are referring to are maximum sentences. Not usually applicable for a first offense.

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  • For my first offense, what will be the worse thing that can happen if I am found guilty?

    I got caught shoplifing $74.00 worth of merchandise

    Elmer’s Answer

    This will probably be charged as a second degree misdemeanor. Usually you will be offered probation with a fine and a class. However, the maximum is 60 days in jail. You should retain an attorney to help you try to have the case dismissed or to try to enter into some type of diversion program.

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  • Can my girlfriends mom have a restraining order placed on my girlfriend and I (not against me and her mom) we are both 17

    we've never physically hurt eachother, we both are on probation, reason for this is her mom believes we aren't good for eachother and that I'm the reason she attacked her mom.

    Elmer’s Answer

    She can try to have it placed on her child's behalf. But she needs to prove the need for it. Based on your information, it does not look like a court will issue it.

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