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James W Chandler
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James Chandler’s Answers

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  • How is it possible that DCF is charging me with neglect after I have asked/begged for help with my 17 yr old''s violence at home

    My 17.5 yr old son has a history of violence and criminal behavior, including being kicked out of school for threat of mass violence (i.e. Threat of bringing a gun to school and shooting people, including a verbal "hit list.") I have been asking ...

    James’s Answer

    Can DCF make allegations against you, of course. May there be defenses, yes.

    I would hire a local dependency attorney to represent you in this action.

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  • Speeding ticket in Collier County, FL - worth fighting or go to traffic school?

    First time being pulled over. Allegedly driving 95 on a 70. I'm inclined to take the case to court, but wanted to the opinions of others that may be more experienced in this practice area (I am an immigration practitioner). Also, is it worth fi...

    James’s Answer

    In Collier, I would advise traffic school.

    Do not play the witness game of maybe the cop won't show. I'd give about a 90% chance the cop will show in Collier.

    Speeding is strict liability. So unless you were rushing someone to the hospital, what is the defense?

    Most important is the outcome avoiding points, a conviction, and higher insurance. Traffic school will guarantee this.

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  • My fiance who is on state probation her soon-to-be ex-husband has filed an injunction against her what can I do

    My fiance is on state probation she left her soon-to-be ex-husband to be with me now he's filed an injunction against her trying to get her put in jail he is the one making threats against our lives will it help if I file an injunction against him...

    James’s Answer

    First, an injunction will not violate her probation. However, you need to have an attorney that handles both criminal matters and injunction matters.

    DO NOT try to play lawyer.

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  • Can the state attorney pick up trafficking charges if the police already booked for possession

    Cops called to a reported burglary, that wasn't. ..been proven. As they walked by cqr"supposedly" could see a clear bottle labels promethazine in center console. ...that isn't there...it's 2 arm rests. They also saw a pill bottle on floor behind p...

    James’s Answer

    I agree with the other contributors, it is solely up to the SAO who is prosecuted and for what charges they believe they can prove beyond a reasonable doubt.

    You need to hire a local criminal defense attorney immediately.
    In the meantime, DO NOT let him speak to any investigators, etc. It is imperative he consult with a criminal defense attorney immediately.

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  • My son lives with his father and very recently went after 2 of my friends with kitchen knives in the parking lot.

    I have evidence with video and photos. How would I go about this and will the courts put my son back in my care immediately??? My son could be in a very unsafe environment and an attorney told me to file and Emergency pick up order.

    James’s Answer

    Won't sure your question, but my question is has DCF investigated or been involved?

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  • Diversion program and probation

    I have a public defender and a court date for a petit theft misdemeanor. I'm going to be asking to be put in a pre trail diversion program since this is my first offense. My court date is three days before I have to leave the state to go to my gra...

    James’s Answer

    No, nothing magical is going to happen to prevent you from leaving the state.

    In fact, if you hire private defense counsel you will not even have to go to that court date (Arraignement or PTC).

    Diversion has nothing to do with leaving the state. I have clients that do diversion from out of state.

    Why is the PD not answering these questions for you?

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  • Should I pay my civil demand letter from JCPenny?

    I was caught shoplifting $120 dollars worth of merchandise in JCPenny. I immediately complied and admitted my guilt and returned everything to the LP officer. He made me sign a paper and called the police. I wasn't taken in but a report was writte...

    James’s Answer

    I agree with the other contributors. Paying a civil restitution claim is like buying insurance against being sued by JCP. However, no loss, no claim. If there was nothing lost I would not pay.

    I would make sure you hire a local criminal defense attorney. Though not an "arrest" is is a criminal charge. A first degree misdemeanor.

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  • How Can You Start A Motion For Early Termination For Probation?

    I Just Need Help .

    James’s Answer

    I agree with most of the contributors. But DO NOT write a letter to the Judge. In Lee or Collier county you MUST file a motion, have completed half, paid all fines, fees costs. Get dates from the judges Judicial Assistant via a phone call. Coordinate with the State Attorneys Office. File a notice of hearing. Show up, argue why ET is warranted.

    OR

    hire a local criminal defense attorney to do this for you. You may be surprised that most will only charge a few hundred dollars to make sure it is done correctly.

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  • My friend stole several guns from me while helping me to move when I was in the hospital. I filed a complaint against my friend.

    A few months ago while I was having open heart surgery I lost my home. I had just 3 days to get out. My wife hired some neighbors who we thought were friends. My friend was afraid to put my guns in storage so he took them to his house for safe kee...

    James’s Answer

    First, this IS NOT a CRIMINAL DEFENSE question.

    Only law enforcement (LCSO) can initiate a criminal investigation. They are the ones tasked with enforcing the laws, not lawyers.

    You may want to post in civil, as you may be able to sue him in civil court, as it has different burdens of proof, etc.

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