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James W Chandler
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James Chandler’s Answers

815 total


  • How can someone have a first appearance if they are on life support? How can she get bail? How can we be able to see her?

    My step-sister has overdosed and she's in the hospital on life support. This afternoon they told us she is under arrest for drug possession and they have an officer outside her door and won't allow anyone to see her. It's my understanding that if ...

    James’s Answer

    I agree with the other contributors. She does, when she is able to attend. It is not the State's problem she cannot attend first appearance at this time.

    I would hire a local criminal defense attorney ASAP to make sure her rights are respected and protected.

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  • How to remove a suspension from my driving record.

    I had a ticket for driving unknowingly with a suspended lic. I paid my fine and had my lic reinstated right away but now my insurance it through the roof anyway to have this removed. Most carriers say they check back 5 years to see my I had a susp...

    James’s Answer

    I agree with the other contributors, I ink it may be too late for any relief.

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  • Motion for rehearing in a divorce

    I am pro se and need some help. Do I file a motion for rehearing after the judge signs the final judgment or before? I received a proposed final judgment from opposing side.

    James’s Answer

    You have 10 days from the entry of a final judgment to file a motion for rehearing. I would speak to a local family attorney ASAP to see if they may assist. However, it is usually easier to help before rather than getting put behind the eight ball.

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  • Should I hire a criminal post-conviction attorney that can set aside that 2013 marijuana adjudication withheld? Thanks.

    I was put into secondary inspection in Miami, coming from a business trip outside the USA. I was giving a form which states that I have deferred inspection. Back in 2013 (more than 2 years) I was giving adjudication withheld for a possession of ca...

    James’s Answer

    Your time for appeal and request for post conviction relief has run. It does not sound like you have a post conviction relief issue. I would go forward with seeking to get the possession under 20 grams sealed. This takes some time, so I would get on it quickly.

    Mostly this is an immigration question/issue.

    From a criminal defense standpoint, I would consult with a local criminal. Defense attorney asap to proceed with the sealing process. It usually does not cost that much.

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  • I fell I was wrongfully arrested ,assaulted by police and charged by police to cover what they did to me, and leave a crippled

    Was wrongfully arrested, charged placed by police ,am fighting this and expect to win , went to boat on dec 13 returned got stopped at front of boat I walked off and got arrested

    James’s Answer

    Not sure of your question. But if you wish to fight a criminal charge, I would consult with and hire a local criminal defense attorney asap to give you the best possible chance.

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  • What does FTA/poss marijuana <20 grams mean?

    My boyfriend got picked up in one county with a warrant in another for failure to appear for driving with no license. Once being transferred to the county of his warrant he was charged with FTA/poss marijuana <20 grams. What does this mean?

    James’s Answer

    I agree with the other contributors, he failed to appear for a misdemeanor marijuana possession charge. I would hire a local criminal defense attorney asap to try to get this sorted out and the best possible outcome for him. Just not showing up to court is not the answer.

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  • I currently pay child support on my 6 year old child, i want to request split custody for him, what are the steps?

    Child custody, parental rights, and child support State of Florida Collier County

    James’s Answer

    To specifically answer your question, no one can give you exact steps to achieve your objective. There is not a set of directions like putting together Legos. But there is a procedure to go down. With the limited information given, I am assuming that you were not married to the other parent. If so we should file a Petition to Determine Paternity. The fact that you current ly pay child support is of little relevance to a parenting plan you seek. We do not have "Split Custody" in the State of Florida, but we have shared parental responsibility and time sharing. It sounds like you are seeking an equal time share. Sometimes that may or may not be possible. This may be very fact dependent.

    I would take the time to consult with a local family law attorney asap so that they may get a full understanding of the facts and give you advice on some pass oboe scenarios.

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  • How can I get a no contact order lifted?

    I got into a physical fight with my girlfriend, she called the police and, I was arrested for battery. During first appearance I was given bond and, judge ordered no contact with ththe victim. We have 4 children together all under the age of 7 so,...

    James’s Answer

    Your attorney should be able to file the correct Motion for you. If you have not hired an attorney I would do so as soon as possible.

    A Motion to Lift the NCO needs to be filed and it set for hearing asap.

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  • Should individual be able to obtain job with school system?

    Adjudication was withheld on a grand theft charge for a bank overdraft over $300, after serving one yr probabtion record was sealed almost 10yrs ago. Wants to get job at with school district. Is that considered guilty?

    James’s Answer

    I think you answered part of your own question, it is a withold of a a finding of guilt. Had they been adjudicated guilty then the sealing of the record would have not been possible.

    However, your primary question is not really a legal question, and certainly not a criminal defense question, but is an employment question for that particular employer.

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  • I was wondering what course of action the courts will take with my current situation.

    I am on probation for DUI and refusal to submit to breathalizer. I have two more months of probation and have completed all requirements exempt for my community hours,fines,and 10 day impound vehicle lock. I violated my first month for failing a...

    James’s Answer

    First, hire a local criminal defense attorney. Most likely you are running out of time on probation, so extending probation is not an option. Even though getting in rehab will be a mitigating tool your attorney may use, it does not negate a positive UA. As Mr. Cordell said, you will be violated.

    As far as the law enforcement officer you work for it is inappropriate for him or her to contact probation and ask for special favors, and extremely inappropriate for them to write the Judge an ex-parte communication. This person could be disciplined at their work because of it.

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