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James W Chandler

James Chandler’s Answers

783 total

  • 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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  • What can i do to modify child support since I can't serve the other party because she lives in Mexico?

    I have a court order for child support from like 10 years ago and my ex girlfriend left to Mexico with my daughter and somehow last year she got with child support to enforce the case but i can't afford to pay the amount since now i have another c...

    James’s Answer

    I agree with Mr. Mason. It is tough to serve in Mexico, but can be done. However, there are some unanswered questions.

    Consult with a local family law attorney asap to pursue your options.

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  • My girlfriend and I are breaking up. We have a child together. We aren't married

    What are my legal rights? How do i go about getting 50/50 custody? What steps do I need to take to make this process go smoothly?

    James’s Answer

    You must file a Petition for Determination of Paternity pursuant to Chapter 742. You cannot have custody, because we do not have "custody" in Florida.

    I would consult with a local family law attorney immediately. Do not let time go by because it can put you behind the eight ball.

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  • What are the consequences of 1st offence violation of probation

    Got charged with Petty theft (shoplifting) as a minor now I'm an adult and I violated because I became homeless

    James’s Answer

    With the little information you have given, I am assuming you are on juvenile probation. To prove a violation of probation it must be willful. Becoming homeless is not willful unless it is a purposeful homelessness.

    If it is willful, most likely will be treated as an indirect criminal contempt. Usually max of 15 days secure detention.

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  • Can a lesser included offense / Charge / crime / have the same Penalties ,punishment as the main offense /Charge YES or No?

    Can a lesser included offense / Charge / crime/ have the same [Penalties], [punishment] as the Main offense / Charge / crime Yes or No?

    James’s Answer

    Maybe, it depends. There is not enough information to fully answer your question. I would consult with a local criminal defense attorney so that they may give you more specific answers.

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  • Two Misdemeanors in two Counties in Florida. Chances of seal or expunge? Thank you.

    One Misdemeanor Petty Theft in Miami-Dade county for US$60 11 years ago. Not arrested, no fingerprinted, no probation. They put me on pretrial diversion program and only took 4 hours class. This record appears as destroyed. Unfortunately, anothe...

    James’s Answer

    You can expunge/seal one of the two. You must have no prior criminal convictions. You can seal a withhold of adjudication. You can expunge a Nolle Pros. But cannot do both cases, only one.

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  • If a woman accuses a man of sexual assault 1 week after leaving him then moves out of state can he later be arrested?

    my son was dating a woman who moved in with him, he decided to break up with her and after she left she told him she would have him arrested, accused him of sexual assault and keeping her against her will, then moved out of state after filing a te...

    James’s Answer

    Of course he can still be arrested. Her residency is irrelevant. Many people who come to Florida on vacation are the legitimate victims if crime.

    She, unless she is a law enforcement officer, lacks the authority to "have him arrested".

    He needs to consult with a local criminal defense attorney IMMEDIATELY, and especially before speaking to law enforcement.

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  • Can you get violated for the same charges and still get bond out?

    if they did their time can they still be charged for the same thing

    James’s Answer

    Not 100% sure of the question. But if you are on probation andick up the same charge again, yes, you can violated.

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