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Andrew Teschner’s Answers

9 total

  • Can I get mt record sealed or do anything about it if adjudication wasnt withheld?

    I have Leaving a child in a vechicle excess 15 mins 2nd degree mis and I want to be a nurse can I have it sealed or have the judge seal it?

    Andrew’s Answer

    You don't have an immediate right to seal the record, but there may be a slower, more difficult, and expensive way to do it. I assume the time for appeal has passed. You would have to attack the conviction for some constitutional or legal infirmity, and if you are successful, you will have removed the impediment to sealing or expunging the record. One example would be a prisoner who is released years after conviction when new evidence of his innocence is discovered.

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  • Is there any way to find out if a person's new Will exists in a state to which the person moved?

    Prior to my sister's death she told me she had a Will drawn up in the state of FL, Leesburg area of Lake County. When she died an old Will from Ohio surfaced. Is there any way to find out if the FL Will exists? I do not know the name of the att...

    Andrew’s Answer

    Under Florida law, anyone who possesses an original will of a deceased person must file it with the court. You could try calling all lawyers in that area who write wills. Unfortunately, she may have used a form from a book. The person who would know best if she had a will would be the one who went through her possessions. If she used an internet form, there may be a copy on her computer. Also, it may be sitting in a safe deposit box: you could ask at her bank.

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  • Who should I contact (or search for on the web) about getting my record exponged?

    I am charged with two charges. One is the least of the charges. The other is more serious. Because both are related to the same case, if I am able to get the more serious charge exponged, will the same information (police report) be available o...

    Andrew’s Answer

    I would add that expunction should be available if you are acquitted or the case is dismissed.

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  • Divorced for two years. MSA states 4nights w mom, 3 nighs w me. We agreed one wk here, one there. How can I modify in court?

    Currenty MSA have a right of first refusal clause. She uses that to come here and take the kids if I have to go to work. My current wife watched the children every day before and after school. This also benefit her. She have no problem with them s...

    Andrew’s Answer

    Hopefully, your ex will admit that you two have been voluntarily operating under a new schedule for some time. The cheapest way to proceed is to write an agreement to update the schedule to the new one that has been working. However, if she refuses to admit this, you must be prepared to prove the actual schedule as best you can. Keeping a journal or calendar is one way.

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  • How will child support be calculated between unmarried couple?

    My baby's father and I are unmarried. I'm the only recognized parent on the birth certificate. The father lives in Maryland, I live in Florida with our child, whom was also born in Florida. How will child support take place if I'm not currently wo...

    Andrew’s Answer

    Child support is calculated the same way for married and unmarried people. But if the father does not admit his status, you are going to have to prove it. The Court might treat you as if you earn some money if it decides you could if you tried. All issues about time with the children will be decided based on what the evidence shows is in their best interest.

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  • What options do I have for removing my ex-finacee from our co-owned condo?

    3 yrs ago I got cancer w/ 15% survival rate for 5 yrs. I wanted to provide for my fiancee so we bought a condo for $155K of which she paid $25K. The deed had both our names wros. Since I expected to die we did not have a written agreement, but we ...

    Andrew’s Answer

    You could get a mortgage for the 25k and count yourself lucky. There is a good chance that after a lot of attorney's fees, a court would uphold her half-ownership, as she contributed money, and any extra equity to her was your gift in contemplation of marriage and/or death. Oral promises are not enforceable in real estate transactions, or contracts that cannot be completed within a year.

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  • Can i change beneficiaries in my will without a lawyer

    can i change beneficiaries in my will without a lawyer

    Andrew’s Answer

    In Florida, a lawyer is not legally required to draft or re-draft a will. But unless you feel more lucky than most people drafting wills, don't try to make any complicated changes in terms. You could re-type/print the whole thing and change your beneficiaries from Ann and Bob to Carlos and Doris. Then go find your own notary public and two witnesses and sign it. Please do not just cross out the old names and write in the new ones. That does not work. And some poor lawyer in your state would be stuck cleaning up the mess.

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  • Can you plead the fifth in a deposition if your answer will incriminate you?

    Going through a divorce and having to do depositions on property and money.Some cash deals were made without claiming them for tax purposes.

    Andrew’s Answer

    Under Florida law, if you plead the fifth, your refusal to answer may be used as an adverse inference against you. Of course that might be better than having a confession to a crime used against you. There are ways out of this dilemma which an attorney can advise you about.

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  • I feel like my kid was railroaded from the get go on her case of manslaughter her lawyer did nothing for her not even a plea

    my grandson died and my daughter was charged with manslaughter 5 months later its like they railroaded her in to a gulity plea .her lawyer never offered the d.a. a plea or nothing is that right or not ? if anybody needs a free bon case this is it

    Andrew’s Answer

    I am not familiar with Texas homicide law. Even if a case pleads out quickly, usually, a lawyer has done some investigation. Only that way can a client be advised as to the best course. Sometimes a quick plea is a result of a fair deal in an unwinnable case. You should retrace the investigation done by the lawyer before throwing stones.

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