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Christina M. Castellano-Mesa

Christina Castellano-Mesa’s Answers

27 total

  • I was falsely accused of domestic battery but i was found not guilty when i apply for a job i cant get it.

    my childs father lied and call the police and said i hit him i was charged for domestic battery bodily harm and i never had a record i wanna know can i get it exponage of my record because i worked in the health field and the arrest show up on my ...

    Christina’s Answer

    Typically, you can get the record expunged. There should be any number of attorneys in your area capable of filing a motion for this. I cannot tell you what the cost may be but its sounds worth the investment to clear your name. At least in Florida, the arrest will not "disappear" from your record as far as law enforcement is concerned, but other people/entities/businesses will no longer be able to access the battery history if the case is properly expunged/sealed. Good luck.

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  • Im trying to get a ticket off my record Driving under revecation cause they consider me an obitual offender

    I was working in another state MO and i got pulled over without a license and a lawyer said they could take care of it for 1500 but i dont have that cash i was trying to find out what he was doing so maybe i could get another lawyer for cheaper

    Christina’s Answer

    I presume you are talking about a driving history in Florida? If so, $1500 is not an unreasonable retainer. It is hard to say what will need to be done and how much time is involved, depending on the facts and circumstances related to your driving record. Motions have to be filed, hearings held. You might inquire whether that retainer is refundable in part; that is, if all of the retainer is not used, will the attorney refund the rest? But it is likely that full amount will be necessary to get the job done. Maybe the attorney will take installment payments but he/she may not begin the work until you have built up the necessary minimum funds for the work needed. Best of luck.

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  • What can I expect for denying credit card charges against vendor/restaurant/bar

    I was in a club this last weekend. Drank a little too much and blacked out. When I came to I was in another club signing for drinks and dances that I don't remember. I called the credit card company the day after and denied all the charges. W...

    Christina’s Answer

    You have to be careful denying charges with a credit card company if you do not have a good faith basis for the denial. With additional facts, I suggest you contact local law enforcement to see if they would consider a crime was committed. What is the reputation of the establishment? How may witnesses can you locate? There could be a pattern of an establishment overcharging for drinks (maybe only law enforcement is aware and has an ongoing investigation?) or certain employees are doing this without even their employers knowing. The amount of the bills and successive numbers of them are alarming alone and, if you were passed out, how could you be drinking? I strongly suggest you also get with any of the "guys" with you on that night and get as much history of what was going on, who was drinking what, did anyone else pay for anything? Maybe you've been scammed. Maybe you've learned your lesson. Hard to say right now but definitely worth investigating and you may need to be the one to push for your own protection. The more people that will support your position, the better chance you have of identifying the true culprit, getting justice and avoiding the excess bill tab that you did not incur. Be prepared, however, in case your friends tell you that you were the life of the party and, yes, did agree in your inebrieated state to pay for what was charged. And keep your credit card company updated.

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  • Wills

    my dad passed in 2002 and his wife of 12 years never provide a will for me to review. she told me in florida that everything goes to the surviving spouse. i found it odd at the time since my dad had told me i was taken care of in his will. the ...

    Christina’s Answer

    I suggest you consult with an attorney as soon as possible. You have reason to believe a Will existed and the original may be somewhere. If certain assets (property) were only in your dad's name, she would have to probate your dad's estate before she could transfer any of them. If probate was handled, you should have been provided notice, as his son. Florida law does detail how a deceased's estate is devised, depending on circumstances such as whether a will exists (testate) or not (intestate) and there are deadlines to challenge an estate/probate so you should contact a probate attorney right away.

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  • Florida employment law, how far back can an employer go on a criminal background check

    How far back can an employer go on a background check?

    Christina’s Answer

    I do not know of any time limit on background checks. Employers usually have contracts with the Florida Department of Law Enforcement (FDLE) to provide criminal background/history on potential employees and that is not usually limited - it could incorporate other states as well as Interpol (international) information. And when you fill out an application for employment or provide a resume, the employer may call any of those contacts you've disclosed to confirm your employment history. If another attorney knows of any limitations, I invited them to educate both of us.

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  • SSI AND CHILD SUPPORT

    CAN SOMEONE THAT LIVES IN ANOTHER STATE AND RECIEVES SSI STILL PAY CHILD SUPPORT. OR THEY DONT HAVE TO TAKE CARE OF THIER KIDS?

    Christina’s Answer

    If you don't have a written agreement of support or a court order/judgment regarding the same, you might need to get one. You can petition the court of jurisdiction (where the children live) to seek child support and the parent out-of-state will have to be properly served (such as through the out-of-state county sheriff's office) with notice of the action. Either look at the 13th judicial circuit website for forms, call Bay Area Legal Services to see if you qualify with them or hire your own attorney. Child support is based on the child's needs and the parents' ability to pay so it is hard to say how someone on SSI would be affected; it is essentially a math evaluation by the judge based on both parents' income and you can access the child support guidelines via the website as well.

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  • Does a person that received a subpoena have to testify in FL

    If I am the alleged victim and i get subpeona to testify in court do i have to testify?

    Christina’s Answer

    I agree with Atty. Wasylik's response. I would add that it sounds like you are talking about a subpoena to testify in a criminal case. If so, since the state is bringing the charges against the defendant, they present their case through testimony and physical evidence. If you have changed your mind about wanting to prosecute the person charged, the state does not have to agree with you and may continue with the prosecution.

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  • Florida state child custody laws

    in 1999 i gave my ex husband residential custody of our 3 children in 2001 he returned them to me. The oldest stayed me since the middle has gone back and forth being with me the majority of the time the youngest has stayed with his dad. the ex r...

    Christina’s Answer

    I urge you to find a family law attorney as soon as possible. The court retains jurisdiction of minor children following a dissolution of marriage and post-judgment motions can be filed to address new issues, changes in circumstances, emergencies. If you and your ex cannot work out a reasonable solution to custody between yourselves, then you need to file a motion to have the court address it. It will not be a simple issue and will be very involved but the safety/welfare of your children has to be top priority and the court will evaluate how the parents are dealing with them. A guardian ad litem is a great idea but currently that agency is cash/resource-strapped and may only get involved in there are indications of abuse/neglect, etc.

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  • Florida laws service contract law

    We bought a brand new washer and dryer from Sears. We have had problems since day one. They either blame us for the problems or tell us nothing is wrong. The other day, smoke starting coming out from the dryer and the whole house and all my clo...

    Christina’s Answer

    It is hard to answer your question without more details. What is available from Sears depends on your purchase contract, warranty agreement, etc. If you just recently bought the product and Sears installed it, you are in a better position to argue. The non-Sears repairman is a good reference if he can clarify what he did, what he saw, and will put it in writing to support your complaint. Don't delay, though. I suggest you call Sears and ask for a supervisor or manager of the service department. Don't take "no" for an answer when they try to convince you there is nothing more they can do. If you still get the run-around, call the Florida Department of Financial Services, Division of Consumer Services at 800-342-2762 for assistance. The website is http://www.800helpfla.com. You might also contact a local news station/consumer reports and see if they can offer any assistance.

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  • Divorce

    I want to get a divorce from my husband. I live in Florida and my husband lives in Alabama. I lived in Alabama for only 9 months. It seems that he didn't like coming home after he got off of work. He some times got off work at 1:00p.m., but I di...

    Christina’s Answer

    You should consult with a lawyer to see if you qualify as a Florida resident to petition for divorce in this state. If you and your husband are in agreement to divorce you could eve do so without attorneys, although some of the forms are intimidating and have instructions - consult the website for the 13th Judicial Circuit. You may be able to file for a simplified divorce if you have no minor children and no assets/property to split.

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