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Elmer Sanchez

Elmer Sanchez’s Answers

194 total


  • Can instant messages be too old to be admitted as evidence?

    I came across the Mark Foley scandal that happened a few years ago and read that the instant messages he had with a minor could not be admitted as evidence because they were older than the three year statute of limitations in Florida. I was curiou...

    Elmer’s Answer

    The age of the text is only one factor in determining the admissibility of the evidence. It must still be relevant and either not hearsay or under a hearsay exception. In addition, there are ways to fake a text or email message and make it look like it came from one user when in reality it originated from another source. Talk to a local attorney to further discuss.

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  • Is there a time limit that an employer needs to sign, return and notarize an employment contract to the employee?

    I signed a contract for a teaching position with a charter school in Florida for the school year 2012 - 2013. This will be my third year teaching at this school. When I signed it in the presence of the principal, he took it and said he would giv...

    Elmer’s Answer

    There is no time limit per se. However, you will not be able to enforce the contract until it is time. There are exceptions to this general assertion. For example, if you are told nothing and go through the summer believing that you have the job, you would have an argument that you relied on the principal's promisse to your detriment. (Detrimental Reliance0. That alone could protect your interests. Best thought is to contact the school or the accountant and ask the question. Speculation will not get you far.

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  • Do i need a lawyer its a rumor about me stealing the servers tips on my job and its untrue everyone on the job knows of the

    rumor except me i was informed of this rumor by my best friend i havent been fired and no manger has spoken to me about this but i dont want them deforming my character or slandering my name on this job what do i do

    Elmer’s Answer

    It is prudent to hire an attorney to investigate whether the state is looking into the rumor, or if it is only a rumor. It is better to address these issues BEFORE charges are filed. Remember that you have a right to remain silent if a police officer asks you about this issue.

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  • Can my employer make me take a blood test to show that i dont have any immune compromising deseases because of a cold sore.

    also can my employer obtain my medical records(medical progress notes) from a doctors visit i had concerning a cold sore to verify if i could return to work.

    Elmer’s Answer

    Your employer has a right to be concerned about other employees, but that right has to be balanced with your right to privacy. I agree with Ms. Morcroft.

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  • Lazy Lawyer... What happens if I don't fully pay?

    On March 30th, 2012 I received a DUI in the State of Florida. On April 3rd, 2012 I retained a lawyer who I felt was a good one at the time..... I signed a $2,000 retainer and paid $1,000 that day. According to the contract I was to pay $500 on 5/3...

    Elmer’s Answer

    Your attorney signed a contract with you. If you do not pay, he has the right to sue you to collect. If he did not do his job, you have a defense to payment. This becomes a civil issue at that point.

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  • I have 3 DUIs, 2 in ohio and one in Pennsylvania, can I get a Florida Drivers License?

    I have a total of 3 DUIs, 2 in Ohio and 1 in PA. The last one was in 2006. I had my license suspended for 3 years. I have completed probation, have taken 3 dui classes, and also had a breathalizer in my car for 1 year for the PA dui. I got my ...

    Elmer’s Answer

    Under the interstate compact act, Florida will be aware of your record in these states. It will be difficult to get a DL. But, you can call DMV and inquire about a hardship license. Visit our site to learn more about this kind of DL. Longwelllawyers.com

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  • Who do i call to find out who has custody of my children?

    i had sole custody a few years ago but got into trouble and let the girls stay with their dad. I pay child support now. The girls are 13,14 and 15

    Elmer’s Answer

    If dad is the established father, he should have parental responsibility (custody). However, if the courts were never notified, or if paternity has never been established, you should still hold that role. You should consult an attorney to investigate the matter, check the court file, and discuss your options.

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  • In a domestic violence case or furthermore any criminal case is it best for it to be dragged out?

    Domestic Violence; Case involves girlfriend,boyfriend and another family member. Girlfriend is charged with two counts of agg batt with firearm and agg assault with firearm; no injuries to either, statement was taking that night, claim she had a w...

    Elmer’s Answer

    The state attorney has sole discretion on prosecuting cases. They try to listen to the victims, but they know that victims often become scared. If the victims are not present, and the police never found a weapon, it will be difficult to prove the case. The best advice is to get an attorney to assist in the attempt to dismiss the charges.

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  • My former husband lost his job and is applying to collect unemployment and my question is am I entitled to collect court ordered

    court ordered payments from his unemployment checks and who do I notify that there is a court ordered alimoney?

    Elmer’s Answer

    You are still entitled to collect the payments that were ordered. However, if he files for a modification because of his substantial change in circumstances, the amount can be modified, and any overpayments can be credited to him.

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  • Can spanking your child considered physical child abuse?

    If I spank my child for behaving bad, can that be considered physical child abuse? .

    Elmer’s Answer

    It is possible. Please visit longwellLawyers.com and search our articles. There is one right on point.

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