Skip to main content
James W Chandler
Avvo
Pro

James Chandler’s Answers

766 total


  • My boyfriend is looking at 2 yrs prison. Already did 10 months.Before vop. Does the judge HAVE TO GIVE YOU CREDIT FOR TIME SERV

    Has 22 points. Criminal history. Charged with criminal mischief, then violated injunction. Did 2 months. Then battery. Then did 6 months program with house arrest and 18 m probation. Violated with dirty urine. N then would not come out when ...

    James’s Answer

    The State's offer may be credit time since service of the warrant, or credit all time served, as they may offer. If you want 2 years credit time served. The State will bump their offer to 2 years 10 months credit all time, potato potato.

    See question 
  • Child support

    My fiancé is going through the child support process but the mother Denys his rights to see his kids because she does not like me . She is asking the kids questions about our living and how we treat them which now she has put in the kids mind that...

    James’s Answer

    HE needs to file a Paternity action immediately....to establish his right, a parenting schedule, and the approprite child support.

    Please consult with a local Family Attorney immediately. Do not wait til thing happen in court you do not like then seek to undo them.

    See question 
  • Can I put the father of my baby on child support but keep him physically away from the child

    the father denied the baby so he is not on the birth certificate, didn't want him, has never asked about him, the baby is 1 and a half and they've never met. I want to put him on child support but I don't want him to have any rights to my child.

    James’s Answer

    I agree with the other contributors. I would speak with a local Family attorney to see the options a little more in depth.

    See question 
  • Custody papers while mother lives overseas?

    My husbands 2 sons live with us full time, all year long. Their mother lives in another country, and they go visit her every year during summer break. However, there is no document stating custody of the children. Every decision has been done verb...

    James’s Answer

    I am assuming they were never married. I'm assuming he is on the birth certificate. I am assuming the children are U.S. citizens. I'm assuming that the children have resided here in Florida for some time. So I would conclude we would be filing a paternity case here in Collier County, Florida. The trick would be getting service of process on the Mother, wherever she resides.

    There is no document that would allow the stepmom to sign for medical, etc. You are not their parent.

    See question 
  • If an FHP officer is writing tens of tickets daily, I am sure he has numerous court cases each week, how can he show up for each

    speedign ticket on I-75 in Collier County.

    James’s Answer

    The real story is, FHP Troopers are assigned a region, for example Collier and Lee County. Traffic Cpurt in Collier County is ALWAYS on Tuesday. The Troopers only have to appear for the contested hearings which are Tuesday at 1:30. So, since FHP ONLY is the Highway Patrol and pretty much deal with moving violations and criminal traffic, they know they usually have to be in Court in Colier on Tuesday afternoon, so they are available. Let's just say Tuesday afternoones are busy for FHP in court.

    So how can he show up for each...simple, they are always Tuesday at 1:30.

    Lee county has a different day, and so on.

    See question 
  • Do we need to hire a lawyer?

    My girlfriend and I just got caught in the backseat of her brothers car, half naked. The cop called a second patrol car, then filed "FIR"s on us both. Neither of us have any record. We were parked in a public parking lot...so my question is, is th...

    James’s Answer

    Where is no such thing as a FIR. There are OIR's. I don't know if you need to hire an attorney at this point, but I would consult with one. Whatever you do, do not answer any questions, if Law Enforcement contacts you, with out an attorney.

    See question 
  • Question about contempt of court for failure to pay attorney fees.

    In November 2014 I was ordered to pay my ex wife $525/month for attorney fees for the next 2 years. It was based on "need and ability". I've had trouble paying this plus the $1600/month in child support. She recently filed a motion for contempt b/...

    James’s Answer

    I agree with the other contributors. The issue of her need and you ability to pay has already been decided. However, the remaining question is whether you have complied with the court order.

    See question 
  • Can my former employer prosecute me for theft after I have quit

    I was a manager for a franchise company and stole money and quit the day the owner found out

    James’s Answer

    Yes. People are prosecuted daily for stealing from people who are not their employers.

    See question 
  • What is the statue of limitations for statutory rape in Florida?

    I know a family that has a grandson that is 5 years old. Now the issue is that the father was 15 and the mother was 18 when the child was conceived and the father's family wants to know if they can still press charges on the the mother of the 5 ...

    James’s Answer

    I Gree with Mr. Gillespie. Why would you want to do this now. How does this benefit you, the child, the father, or her?

    How is he really a victim?
    If they are simply doing it to obtain parental responsibility, that is the wrong reason, and f rankle the textbook definition of extortion.
    I would strongly urge you/them to consult an attonney first.

    See question 
  • Drug probation after felony probation modified for a violation - will this affect my divorce/custody/visitation?

    After just being released from jail for VOP (reinstated put felony probation now extended and modified to drug offender probation) and still on bond for 4 new felony charges (3rd degree). Is there a chance that visitation will be supervised or the...

    James’s Answer

    As a Criminal Defense and Family attorney I can tell you that any criminal convictions with anything that effects the child are relevant. I.e., DUIs, possession, etc. Basically anything substance abuse or crimes of violence, or crimes against a child are relevant. Also depends on the proximity in time.

    See question