Skip to main content
Charles Joseph Michael Candiano
Avvo
Pro

Charles Candiano’s Answers

5,662 total


  • I live in Indiana will Florida extradite me back to Florida on a misdemeanor warrant if I turn myself in here

    Its a copy for DUI

    Charles’s Answer

    There is no way they will extradite you on a Misdemeanor. They MUST hold you, in custody, until Florida tells them "NO." That could take weeks. You NEED to hire counsel in Florida to have the Warrant recalled.

    See question 
  • When figuring a divorce work comp settlement, what amount is used?

    My ex husbands work comp settlement is now coming to a close and I am to be awarded a percentage. My question is what dollar amount is my percentage based on. The total amount awarded (example 100,000.00) or what he gets after everything is said...

    Charles’s Answer

    The answer to your question is zero, unless you have a legal agreement. A WC SETTLEMENT is non-taxable and CANNOT be liened without a court order.

    See question 
  • Would an attorney take my case?

    I was in a truck accident and hired a lawyer. Almost 2 months later, after complaining to the lawyer that they were not communicating enough they dropped my case. The insurance company told me the lawyer filed a PIP claim against my own insurance ...

    Charles’s Answer

    You NEED to be evaluated by an orthopaedic surgeon or neurosurgeon to determine the extent of your injuries. Then hire an attorney. Truck cases are FAR more aggressively defended than auto claims. You MUST have an attorney for any significant recovery.

    You do NOT want an attorney to handle the property damage claim because you would have to pay him, up front. You are entitled to the fair market value. MOST people owe more on their car than the FMV. Unless you purchased GAP insurance, there is nothing you can do.

    See question 
  • Should I hire a lawyer for first possession of marijuana and reckless possession of paraphernalia?

    Was pulled over and asked if anything was in the car he should know about. Gave up the marijuana and a "grinder". Was not arrested but given a citation. Didn't get a traffic violation either, and also don't know why I was pulled over in the first ...

    Charles’s Answer

    • Selected as best answer

    You correctly understand that there must be a reason for the stop. If you were not speeding, weaving, or otherwise driving erratically and you had no mechanical violation such as a nonfunctioning taillight, and attorney would be able to get the charges dismissed. If the stop was good, and attorney would very likely be able to negotiate a deferred prosecution rather than a conditional discharge. Deferred prosecution gives you many more options because it basically places your case on hold for the agreed term. On completion of that term, the charges are dismissed without any conviction.

    You need to be very careful with a conditional discharge. Conditional discharge means that you plead guilty to all offenses, upfront, with the agreement that your convictions will be discharged one year after the date that you enter into the agreement (not the date of violation). A typical condition of conditional discharge is is that you have "no further contact with law enforcement" during the term of the agreement. Recognize that this means a minor traffic ticket could completely derail your agreement.

    Hiring a traffic attorney now would be money well spent and may serve as a further incentive for you to stay out of trouble. Good luck.

    See question 
  • If someone is arrested while on parole, does parole keep running?

    A friend of mine got owi and driving with no licence while on parole

    Charles’s Answer

    Parole has certain conditions which include no alcohol and no criminal activity. OWI is a crime and probably involved alcohol (impairment can also be from narcotics or other drugs), All of this is to say that he will almost certainly face an additional term of incarceration.

    Consult with a local criminal defense attorney ASAP or request a PD if he is indigent.

    See question 
  • Do I have a case for a personal injury lawyer?

    Our daughter is allergic to many things especially milk. We had gone to McDonalds before and were able to order a smoothie for her since we were told there was no milk in it. Since we have discovered that some chain restaurants are not 100% unifi...

    Charles’s Answer

    Your daughter is entitled to recover for her ACTUAL harm and your reasonable out-of-pocket expense. If this was covered by insurance or Medicaid, they MUST be repaid from any settlement. If your daughter recovered and sustained no permanent harm, the claim is worth very little. You would do well to be modest in your demand.

    See question 
  • Did I screw up my case by answering "satisfied"?

    Workers comp case illinois Cut tendon and nerve in thumb at work, went through surgery, still don't have full range of motion but I don't want more surgery because I don't want to go through 4-5 months of not being able to use my hand again. So...

    Charles’s Answer

    I agree with my colleagues. The good news is that it CAN be fixed.

    For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide you through the process AND when it is time to settle, an attorney can add value to your case IN EXCESS of his fee. So, you have fewer headaches AND you get more money. It really is a no-brainer.

    You can find an experienced Workers' Compensation attorney here on AVVO. Attorneys on AVVO want to help you but we are not permitted to solicit your business. You must contact us.

    See question 
  • I had a pre existing shoulder problem I rehurt it at work workcomp won't pay had surgery myself is there a lawyer to help me

    Doctor wouldn't give me a straight answers if it was rehurt at work

    Charles’s Answer

    You DO need an attorney but you need to realize that there is NOTHING he can do unless you have a doctor who can provide a causation opinion. You should discuss the value of the claim and the anticipated costs to decide whether the claim is viable.

    See question 
  • Is it illegal to get people to flood a prosecutor's phone to ask him to drop charges against someone?

    So hopefully you've heard of Cop Block (it has 1.5 million likes on Facebook), which will make this easier. In Indiana, two founders used a dark blue liquid chalk in a spray can on the sidewalk outside of the Noblesville police station and put, "B...

    Charles’s Answer

    The short answer is YES. There are any number of charges that are possible. It would be VERY ill-advised.

    See question 
  • Will elkhart indiana extradite from new york on a class d felony probation violation

    The felon has a returnable instanter no bond warrent

    Charles’s Answer

    Almost certainly not. The problem is that Indiana may take a long while to say "no." In the meantime, he will be held without bond. Consult a criminal defense attorney in Elkhart to address the underlying violation.

    See question