Jeffrey Allan Flores’s Answers

Jeffrey Allan Flores

Madison Criminal Defense Attorney.

Contributor Level 10
  1. Should I file for divorce or bankruptcy first?

    Answered about 2 years ago.

    1. Alan D. Walton
    2. Jeffrey Allan Flores
    3. Eric Charles Lewis
    3 lawyer answers

    You need to see a bankruptcy attorney before that question can be definitively answered. In all likelihood, since your wife hasn't worked, her income won't prevent you from qualifying for a Chapter 7. I assume that you would be discharging debts that you're both responsible for. In that case, filing a joint bankruptcy petition prior to divorce makes sense. The reason is that if there are joint debts you discharge, the creditors will then go after her. She will then have to file bankruptcy. Thus,...

    2 lawyers agreed with this answer

  2. I am set for trial with a public defender if i hire a paid lawer does the judge have to give him time to prepare?

    Answered about 2 years ago.

    1. Jeffrey Allan Flores
    2. Juan Carlos Garcia Jr
    2 lawyer answers

    Your question is really, "am I entitled to a continuance?" The answer depends on a number of things, such as the age of the case, the number of continuances previously filed, whether the state objects, the complexity of the case, and your reasoning behind the request. Honestly, the question could best be answered by a local attorney familiar with the judge. But, you don't have a right to a continuance. The judge may allow it, but since you have counsel, the Court of Appeals would not reverse...

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  3. Is there any assistance to help my daughter file bankruptcy without having pay the lawyer fee?

    Answered about 2 years ago.

    1. Jeffrey Allan Flores
    2. Eric Charles Lewis
    3. Paula Brown Sinclair
    3 lawyer answers

    Sorry to hear about your daughter's accident. Unfortunately, from the details you have shared it does not sound like there is a hidden pocket to cover her medical bills. I assume she owned the van. I further assume that the accident was her fault? Perhaps one consideration may be to see if she qualifies for Medicaid. Even then, I'm not sure you would be retroactive. Thus, the best thing to do is wait for the bills to stop accruing. A Chapter 7 bankruptcy in Indiana shouldn't be more than $1,...

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  4. MY father did not get treatment in emergency room after 2 hours waiting, Hospital sent bills to debt collector

    Answered over 2 years ago.

    1. Jeffrey Allan Flores
    2. Griselda Torres
    3. Dorota J. Trzeciecka
    3 lawyer answers

    If the bill is in your parent's name, you can diregard it. Assuming they still live in another country. If that seems distasteful, call the hospital and ask for the chart notes and billing codes for that visit. Perhaps they will agree that the procedure performed (the glueing) was improperly coded. Better yet, ask the debt collection company to provide all the documentation. They will have to provide it if they intend on suing you, or your parents, because that is how they will have to prove...

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  5. Non custodial parent not allowing children to communicate to custodial parent

    Answered about 2 years ago.

    1. Jeffrey Allan Flores
    1 lawyer answer

    He must allow you telephone visitation. From the Indiana Parenting Time Guidelines: Both parents shall have reasonable phone access to their child at all times. Telephone communication with the child by either parent to the residence where the child is located shall be conducted at reasonable hours, shall be of reasonable duration, and at reasonable intervals, without interference from the other parent. If a parent uses an answering machine, voice mail or a pager, messages left...

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  6. I am in a custody battle right now & I'm wondering if I can request a new judge for our proceedings? What do I need to do?

    Answered about 2 years ago.

    1. Jeffrey Allan Flores
    1 lawyer answer

    You cannot get a new judge at this point by virtue of the change of judge rule. It would require actual bias on the part of the judge that you would have to point out, the judge would have to agree and would then have to recuse him or herself. That's not going to happen. All that would happen is that you will alienate the Judge. The Judge has actually done you a favor in appointing GAL. That is how you get your side of the story across to the judge. Be cooperative with the GAL. They are...

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  7. Can I get my criminal case moved from circuit court to superior court?If so, how?

    Answered about 2 years ago.

    1. Jeffrey Allan Flores
    1 lawyer answer

    No you do not have that option. If you have specifics that demonstrate the Judge is biased against your case, you can file a motion for the Judge to recuse themself. However, that is a tough standard. Furthermore, the outcome of your case depends more on plea negotiations with the prosecutor than it does with the judge. Regardless of which court you're in the, prosecutor remains the same. Good Luck, Jeff.

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  8. If a Dwi I had ten years ago had a habitual traffic offender on it,can they use for 3rd now in habitual substance offender?

    Answered about 2 years ago.

    1. Jeffrey Allan Flores
    2. Marcelino Gustav Lopez
    3. Curt Perri Bogen
    3 lawyer answers

    I understand you feel that this is similar to double jeopardy. Unfortunately the state can do this. The HTV charge was an enhancement predicated upon your driving record. The habitual substance offender is predicated upon your criminal record. You need to find an attorney to look hard at the predicate offenses. I am specifically referencing Post conviction relief on some of them. It's a whole separate conversation, but any IN attorney who knows what they are doing will know what I'm talking...

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  9. Is it legal for a Judge to file failure to appear on you,when you are twenty minutes late for court?

    Answered about 2 years ago.

    1. Jeffrey Allan Flores
    2. Eric Charles Lewis
    2 lawyer answers

    That is not typical. You should consult with an attorney to see what can be done. It would seem to be a due process violation if you were convicted without ever having had an opportunity to face the charges. If you have been convicted of a D felony, and nothing can be done you may be able to get it sealed in another four years.

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  10. Qualifications for Chapter 7... by changing job

    Answered over 2 years ago.

    1. Dorothy G Bunce
    2. Derek R. Caldwell
    3. Jeffrey Allan Flores
    4. Denise S. Kuhlman
    5. Asaph O. Abrams
    6. ···
    6 lawyer answers

    Sorry to hear about the job situation. Stressful enough, let alone at Christmas Time. Now, the GOOD NESW, For a family of four, the median income in CA is $74,806. As for the "means-test" for a chapter 7, it is true that it looks at six months of income. However, an explanation that you lost your job and this is all you could find, will likely allow you to overcome the presumption of abuse that will occur when you file. Be not afraid, a skilled and reputable lawyer will know what I am...

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