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Jeffrey Allan Flores

Jeffrey Flores’s Answers

104 total


  • Can I be charged with an OWI if the keys were not in ignition and the car was broke down?

    I was sitting at the gasstation in the state of Indiana

    Jeffrey’s Answer

    The state will argue circumstantial evidence to prove their element of operating. That is, they will say you operated the vehicle to its present location. Fear not, however, all was not lost. Depending on a county you are in, and the prosecutor handling your case, These are the kind of cases that can get pled down to reckless driving, or public intoxication. There are a number of things that need to be looked at to determine the strength of the states case, for example., Length of time that you were there, is there any video showing the time your car was there, how likely is it they can prove you were intoxicated when you arrived at gas station vs. having consumed while you were there?

    It goes without saying that you need a lawyer in this case. If you can't afford one, the court should have appointed one for you.

    Best of luck, Jeff

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  • With a dream car accident/injury case for any personal injury lawyer, what are my options? Car accident, Me 0% fault. $600k med.

    other drive DOA in company car. my injuries are too extensive too list. Without specifics, here is general case details. I don't have a PPI/PIP yet, was revoked a yr after more "trauma" was discovered a direct result from impact/initial injuries. ...

    Jeffrey’s Answer

    First, I'm sorry to read of your injuries. It sounds like it was a horrible accident. The question you asked depends on many variables. First and foremost, you need an expert that can testify well. Ideally, one of your treating physicians that is familiar with your overall care, pain and suffering and can also help you meet your evidentiary burden. That same expert needs to be solid on what your future medical bills will be. Second, you need an economist that can testify as to your loss of earning capacity, and future lost wages. I would also need to know what the medical liens are valued at, and what type of insurance plan has covered your medical expenses, i.e., an ERISA-based plan, or one that will discount per subrogation statute. Another consideration is how far into the litigation process is the case, has discovery been completed and experts retained, or is this yet to be done. This goes to the time value of money. Additionally, the actual carrier is important because it gives me a sense of who I'm dealing with.
    As you know, trial introduces all kinds of uncertainties. It is very important that you make a good witness. There is also be a loss of consortium claim if you are married. In short, it's not a question anybody can just answer based on the details you have given. Many of these details may even be unknown to you. If you're working with a lawyer, you need to discuss the aforementioned in order to make a good decision.

    Hope that helps, Jeff.

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  • Tenancy rights when cohabitating.

    Hi, Thank you in advance for your help. This is the situation. My girlfriend and I have been together for six years and we have decided to end our relationship. I am living in her house and am in the process of looking for a place. My question is ...

    Jeffrey’s Answer

    Basically, you are a guest in her home based on the facts you stated. I assume you have no ownership interest. If you've been paying rent, I would say that you have a periodic tenancy at will. Thus, assuming you've paid rent, you are entitled to stay until the end of the period for which you have paid rent.

    Best of luck. Hope you land on your feet.

    Jeff

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  • Is it a felony to possess a syringe?

    Was charged with poss. of meth also,but did not use intravenously.They were not found near the drugs.

    Jeffrey’s Answer

    Yes, it's a B Felony.

    Jeff

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  • I have a dwi, i have no record at all,what the least i can get..

    i dont drink at all went to new year party (club)got to my car about 3:15am woke up around 10:30 got pulled over on my way home read 1.1

    Jeffrey’s Answer

    Assuming there are no evidence problems with your case, and you plead guilty, or sign the agreement, the least you can get is no time in jail. They call this a suspended sentence. Likely you would have a period of probation which would be a year.

    If you don't have a lawyer, get one!

    Good luck, Jeff

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  • Should I file for divorce or bankruptcy first?

    My wife is about to leave me. She hasn't had a real job (just babysitting) in nearly 4 years. We've both drained our 401K and our savings. If she leaves, I won't be able to afford my house AND other bills. Should I file for bankruptcy before I fil...

    Jeffrey’s Answer

    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, filing before divorce saves the cost of an additional bankruptcy.

    I wish you the best of luck. But please do contact a local bankruptcy attorney for a consultation.

    Best Regards, Jeff

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  • Can i get let off home detention early?

    i got in trouble for a violation of probation which put me on home detention. i have college in a different state the i am going to miss the start date of if i cant get let off, if i was to pay all my fees and complete my classes for court could ...

    Jeffrey’s Answer

    Likely, it will depend on how early you're asking to be released. If you had a good record while on home detention, and the time-cut isn't too great, it is possible. You should consult a lawyer familiar with your local practice. I cannot imagine better circumstances justifying the request!

    Good luck, Jeff

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  • In a car accident and insurance denied the claim. Had two lawyers not interested in the case? What to do?

    I was in a head on accident March 17, 2011. I was hit by a woman who ran a red light and have a police report that shows her at fault. I was 25 at the time and relocated to Arizona, and I thought I was fine but my back started hurting, I couldn'...

    Jeffrey’s Answer

    There is a practical reason those lawyers are not interested in your case. The defendant's insurance company is going to say they won't pay anything due to a "Delay in seeking care" they will force this case to a trial. You will need a medical expert who can clearly demonstrate your injuries that you began treating for in August, were causally connected to the accident in March. Very difficult to do. The insurance company, or better yet their attorneys, will paint you as a liar in front of the jury. In a business where we lawyers are only compensated if we make a recovery for you, this is a bad business risk.

    If you wanted to pay an attorney hourly to sue them, you would likely find one to do so. But, as we all know in life, nobody can afford to work for free. I'm not trying to be crass, or insensitive. I'm just trying to give you the benefit of my experience and industry understanding. I just noticed Geico wouldn't pay your med pay. I would suggest suing them in small claims for $5000.

    Best of luck, and I do hope your injury is better. Jeff

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  • Is a pretrial diversion the same as a court deferring further proceedings w/o a finding of guilty and being placed on probation?

    I completed a pretrial diversion program over 13 years ago. There is a question on a job application that asks if I have ever had any court ever defer further proceedings, etc. I don't know whether to answer yes or no.

    Jeffrey’s Answer

    Yes, that is exactly what a diversion is. I explain to clients that a diversion is the state declining to prosecute in exchange for the payment of a fine. After the fine is paid, the court dismisses the case, usually after six months or a year has passed; provided the person does not get in any other trouble during that time. Sometimes the states decision to offer a diversion is a tacit acknowledgment that it has evidence problems. Other times, the state knows it could get a conviction, but due to mitigating circumstances it decides to offer a diversion instead. You might want to see if you can get a copy of your criminal background to see what shows up. You can get a limited background report from the Indiana State police website. The arrest, or charge may not show up on NCIC report , rather it would show up if the prosecutor did a background check in the county where the incident occurred. At any rate, it would seem the answer to the question on the employment application is yes.

    Hope this helps, Jeff

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  • 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?

    i h

    Jeffrey’s Answer

    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 a conviction on the basis that he wouldn't let you have a continuance in order to get new counsel.

    Again, speak with a local attorney that is familiar with the judge. They will know before they wade in, whether or not they are likely to get it continued.
    Best of luck, Jeff

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