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James W Chandler

James Chandler’s Answers

790 total

  • Why would my motion for a paternity test be denied?

    I am going through a divorce with two minor children, my first child was supposedly conceived when we had sex while i was on leave from the military. My wife and I were not together at the time, and had only just had sex. It later came out that sh...

    James’s Answer

    I agree with the other contributors. I would direct this question to your divorce attorney. He/she should be able to answer the question a little better than we who wer not present during the hearing to hear the evidence and argument presented by your attorney.

    There is a presumption that the child is yours, but can be overcome by evidence, but must be pled correctly.

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  • I'm charge with under 20 grams of pot and perafanalia charges both are mestameners what am I looking at??

    I have a under 20 gram n sell charges from 2012

    James’s Answer

    I agree with Mr. O'Brien. They are both First degree Misdemeanors punishable by up to one year in the county jail per count plus a one year Drivers License revocation on the possession charge.

    I would consult with a local criminal defense attorney asap.

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  • My son is unemployed veteran charged with child images (several images) on computer, no contact. Out on bale (family paid)

    Son states images not on laptop computer and he did not place images on his computer. He cannot confirm they are even there on computer. If images are there then placed by some third party through internet connection. Needs forensic investigator ...

    James’s Answer

    First, I would not discuss what your son says in a public forum. Second, what is your question.

    Third, I agree with the other contributors, I would hire a local criminal defense attorney asap. The aclu will not help you in criminal court.

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  • Relocating out of the country

    I'm considering moving out of the country I have full custody of my son. His mother is not in his life she live cross country does not pay child support she not involved at all. She never showed up to court with that the judge granted me everythin...

    James’s Answer

    Yes, you will have to get her permission or a judge's permission.

    Consult with a local Family law attorney asap, to obtain assistance.

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  • Out of the country relocation

    I have full custody of my son mother has no visitation given by the court. My wife and I are thinking about moving out of the country. Her mother was in and out of his life till i told her that either shes in his life or shes not haven't heard fro...

    James’s Answer

    It's not always as simple as that. How old is the child?
    Where is your "full custody" order from?

    Typically you will have to get her permission or serve her with your request to move. Ultimately it could be up to a judge.

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  • Is a community control GPS device required for probation?

    Friend was convicted of lewd/lascivious conduct several years ago. Now a couple months ago was pulled over and charged with driving with suspended license habitual offender and received probation. Was put on a community control GPS device and was ...

    James’s Answer

    First, I would need to see his judgment and sentence paperwork. Probation cannot add a condition of GPS if it was not ordered by the sentencing judge.

    If it was, then Mr. Gillespie is correct, his only defense would be that it was not willful.

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  • What can a person do if they lost a trial and they feel they wasn't represented properly by their public defender?

    this is a drug related case

    James’s Answer

    If you think the court made an error, then an appeal is the correct route. If you think your PD made errors or omissions, then a 3.850 motion for post conviction relief is appropriate.

    Either way you will need to hire an attorney. Remember you get what you pay for.....

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  • Can I file a petition to abate child support since I have tried every other way to modify?

    I apparently have a unique case of child support. I was ordered to pay child support like 10 years ago and since then the parent receiving child support has moved to Mexico and nowhere to be found even though DOR has a Mexico address where check ...

    James’s Answer

    First, where is the child? How old is the child? Is the order from Collier County?

    A supplemental Petition to Modify would be appropriate, however, the trick is getting her served in Mexico.
    I would consult with a local family attorney asap. There may be other options to serve her.

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  • Is it worth it

    went to court 2008 for some serious charges got found not guilty but when you run my record do background check he says guilty of armed robbery which is not true no one will hire me can't get a good job because of you seven years later

    James’s Answer

    I agree with Mr. Haber. What were you convicted of? What county? Hendry?
    Do you have a copy of your judgment and sentence?

    What are you trying to do?

    I guess with the information you have provided I have more questions than answers.

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  • Can i get good time on a ten day sentence on a dui in florida

    My third

    James’s Answer

    I agree with Mr. Haber, you don't get gain time in county jail for less than a 30 day increment.

    My bigger question is why couldn't your lawyer answer this question?

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