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Ayuban Antonio Tomas
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Ayuban Tomas’s Answers

3,815 total


  • Can I get an attorney appointed?

    I'm filing my financial affidavit for indigence. I was pro se in the proceedings. I want to know if I am declared indigent, can I get an attorney appointed to my case to file my notice of appeal. I know you can do this in New York, just wondering ...

    Ayuban’s Answer

    I concur with Mr. Rose. If this was a criminal case, you would be entitled to court appointed appellate counsel.

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  • If a 15 yo boy got a 14 yo girl pregnant, can charges be filed against the boy?

    It should be noted that the boy is diagnosed developmentaly delayed.

    Ayuban’s Answer

    Theoretically yes, but practically I highly doubt the boy would be charged with anything.

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  • I have a restraining order to against my childs father to protect me. Can you tell me if he is in violation after reading my ???

    I have a restraining order to against my childs father to protect me. He was given supervised visitis with our son every other sat 9-12 supervised by my mother,She is to pick the the place and he is only allowed to contact her about visit info. He...

    Ayuban’s Answer

    He doesn't seem to be in violation of the restraining order.

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  • My daughter father will not allow me to have a contact number for my daughter while she is in her care.

    I will not allow him to have her because he will not allow me to have a number for her. He told me if she had to go to the hospital while she was in his care he would not tell me. will this make me look bad in court. i am filing for full custody ...

    Ayuban’s Answer

    It is common and usually required for the other parent to know the whereabouts of the child at all times and to have access to the child via phone. It is also typically required for the parent caring for the child to immediately notify the other parent of any medical emergencies involving the child. You are right in not letting him take the child based on what he told you.

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  • Do you have to pay child support if you are not legally devorsed or seperated. and if there is no cusdoty agreement

    i am still married to my ex we just seperated no legal actions have been taken can she still get child support and do i have the right to get a devorice paid by her before i pay

    Ayuban’s Answer

    The court may, and probably will, order that you had to pay child support since the date of separation.

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  • Doesn't attorney need to verify the truthfulness of a client's need for continuance prior to submitting her motion?

    plaintiff's attorney has filed motion for continuance account client is in rehab and has been continually hospitalized from the time prior to his cancelling his deposition (two months ago) through may 1, 2012. when an attorney files a motion with ...

    Ayuban’s Answer

    The attorney is not required to independently verify what his client is telling him.

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  • Is it legal for a grown man to approach a child and ask them to go home with him?

    My 9 year old daughter and a friend were playing on a playground on a school campus. School was not in session. They were approached by a man they did not know and he asked them if they wanted to go home with them. We call the local police and the...

    Ayuban’s Answer

    It is not illegal if he did nothing more than that, but it is very suspicious. This man sounds like a sexual predator. I hope the police will keep an eye on him.

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  • My son has been in jail for 178 days. how long can they hold him without doing any thing about his case?

    what does the 180 day law cover?

    Ayuban’s Answer

    You are referring to the speedy trial statute. However, if your son or his lawyer requested a continuance, then the 180 limit no longer applies. If your son feels the state attorney is dragging their feet, he can have his lawyer file a speedy trial demand which will obligate the court to bring him to trial within 60 days of the demand.

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  • Isn't client required to sign motion requesting a continuance?

    under Florida Rules of Judicial Administration 2.545 Case management Continuances should be few, good cause should be required, and all requests should be heard and resolved by a judge. All motions for continuance shall be in writin...

    Ayuban’s Answer

    The attorney could sign it on behalf of the party.

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  • What is the average hourly rate for a divorce attorney?

    I'm trying to keep the costs of my divorce down as much as possible, but I'm going to need legal advice regarding divorce proceedings. If location would affect the hourly rate, I live in Orlando, Florida.

    Ayuban’s Answer

    A highly experienced attorney's hourly rate can range from $300 to $400 an hour or more. A lesser experienced attorney will probably bill in the 200 dollar range.

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