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Jeffrey Allan Flores
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Jeffrey Flores’s Answers

105 total


  • Non custodial parent not allowing children to communicate to custodial parent

    Non custodial parent has children right now for part of summer. I have tried calling many times and left messages to talk to the kids. Non custodial parent will not allow the children to communicate with me at all. What can be done?

    Jeffrey’s 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 for a child shall be promptly communicated to the child and the call returned.

    Commentary

    Parents should agree on a specified time for telephone calls so that a child will be available to receive the call. The parent initiating the call should bear the expense of the call. A child may, of course, call either parent, though at reasonable hours, frequencies, and at the cost of the parent called if it is a long distance call.

    Examples of unacceptable interference with communication include a parent refusing to answer a phone or refusing to allow the child or others to answer; a parent recording phone conversations between the other parent and the child; turning off the phone or using a call blocking mechanism or otherwise denying the other parent telephone contact with the child.

    If you cannot ascertain that your children are ok, because he will not let you talk to them & you have a legitimate concern, you could call the local sherrif & ask that they do a welfare check.

    Short of that, you may have to talk with a lawyer to discuss options such as contempt, or sending him a letter.

    Best of Luck, Jeff

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  • My sister is in a nursing home, she is paralized and unable to speak due to a stroke. She has a mentally challenged daughter.

    I have been asked by the Nursing Home to get guardianship of my sister. What would my responsibilities be? Would I be responsible for anything other than her health issues? She is on Medicaid, would I be responsible for any of her medical expens...

    Jeffrey’s Answer

    No, you won't be responsible for her bills just because you have guardianship of her. You should consult with a local attorney.

    Best of Luck, Jeff

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  • My husband's sister is in jail and going to prison, can she sign custody of him over to us while in jail?

    There is no father on the birth certificate.

    Jeffrey’s Answer

    Sorry to hear about your sister. Unfortunately, she can't really do anything without going through the court. The thing that makes the most sense is a guardianship. If the father is not known, you would have to serve the putative father registry, and publish notice in the local paper. Short of that, she could draft a power of attorney, specifically stating that you have the authority to act in place of the child's parents. That's not full-proof, but it's better than nothing. She should also consider doing a quick will, naming you as guardian of her child. You should find an attorney in your area that offers a free consultation so you can discuss options.

    Good Luck, Jeff

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  • If the charges have been dropped against you can the court send something in the mail telling you to appear in court.

    she was charged with stealing and the judge gave the prosucuter 72 to come up with proof so i guess they couldnt so the charges were dropped and she was told that if they do charge her she would receive something in the mail. well she received a l...

    Jeffrey’s Answer

    Ignore the letter at your peril. Even if the charges were initially dropped, it likely was not without prejudice. Therefore, the state is free to refile the charges. This letter may be a summons require you to appear in court on initial charges. If you do not appear, likely a warrant for arrest will be issued.

    Jeff

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  • Maximum sentence for attempting to disarm an officer in Indiana??

    TAZER not firearm

    Jeffrey’s Answer

    Not sure what the sentence for that is, but you may have an insanity defense!

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  • When you are being arrested does an officer have to read you your miranda rights?

    I was at a party that got busted, so i got charged with minor in possecion of alcohol. After giving us all breathalizer tests he told us to put our hands behind our backs and arrested us. Where they supposed to read us our miranda rights when they...

    Jeffrey’s Answer

    They don't have to read your rights to you. However, that subjects any statements, or any evidence derived therefrom, to suppression. In your case, probably no harm as you are not entitled to Miranda prior to being asked for identification, or given a pbt.

    Sorry, Jeff

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  • We have had our great nephew since birth off and on sometimes for weeks at a time with no contact from mom

    more recently 30 days and as of today 18days. i have been to every dr appt also. The dad is my nephew, the mom just turned 17. is there anything i can do? It makes me sick when she does call for him because he is 15 months now and he doesnt know t...

    Jeffrey’s Answer

    You can get guardianship of your great-nephew. Once you have guardianship of him for six months, you can petition for custody. Judges would be more comfortable giving you guardianship first, followed by custody later. You need to talk to a lawyer in your area. There should be some who offers a free consultation.

    Best of luck, Jeff

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  • How to help get my boyfriend's sentence reduced?

    My boyfriend and I live in Indiana, but he committed a crime in Michigan. He was convicted of Assault with Intent to Rob while Armed. Although he didn't actually participate in the crime, he rode along, he was sentenced to a minimum of six years i...

    Jeffrey’s Answer

    I'm sorry to hear of your boyfriend's situation. However, make sure this is posted where Michigan criminal defense lawyers will see.

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  • Gambling online

    I was playing a casino online for fun. somehow I went to playing for money and was charged on a charge card. It went over my card limit and I have 4 cards that I keep paying onwhich totals about $50,000. On my charge cards are names I have never h...

    Jeffrey’s Answer

    Time to come clean with your spouse. You need to file bankruptcy! Do not use home equity loan. You are just trading unsecured debt on credit card for debt secured by your home.

    Arrange a free consultation with a bankruptcy lawyer so you can have facts and a path for resolution before talking to your spouse.

    Best regards, Jeff

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  • Can i get a modifiation on a plea if it says must be exicuted in full by department of corrections?

    the plea is for 30-40 years

    Jeffrey’s Answer

    If a plea has been accepted by the court, and it has sentenced you accordingly, The answer is no (unless the plea allows for
    modification, for example, shock-probation). However, since the plea requires 15 to 20 actual years at the DOC, fully executed, I will assume this is just a plea offer; especially considering inmates can't post to the Internet, Therefore, if it is just a plea offer, you are free to make a counter offer the prosecutor. If your counter offer is not accepted, then you have to decide between an open plea or trial.

    Good Luck, Jeff

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