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Admiralty / Maritime Questions & Answers
1 Answer | Asked in Criminal Law and Admiralty / Maritime for Arizona on
Q: Do I need a lawyer to represent me for a class two misdemeanor boating violation in Arizona?

I had no idea it was a criminal offense to let the kids sit on the transom on the back of the boat. This is crazy. Suggestions?

Tim Akpinar
Tim Akpinar answered on Jun 4, 2021

In terms of suggestions, one option as a starting point is to reach out to a criminal defense attorney in Arizona for an initial consult to discuss the most sensible and cost-effective options, based on the violation. You're correct to include Admiralty - Maritime. But given that you are in... Read more »

Q: Is it illegal to make, possess, and/or sale Paracord crafts such as the monkeys fist.

I've been told something about it is caterized with "Slung-shot devices"

Tim Akpinar
Tim Akpinar answered on May 22, 2021

A Missouri attorney could answer best, but your question remains open for two weeks. Monkey's fists are illegal in some states, and only a Missouri criminal attorney would be in a position to advise on the law in Missouri. You are correct in what you describe - although the knot was commonly... Read more »

1 Answer | Asked in Admiralty / Maritime and Adoption for Indiana on
Q: Can I get a case reopened when it did go in front of a judge and my rights was took and my children was adopted out

And I lost my rights when I was in jail and now I got a job and better myself my rights got took in 2020 and I been out of trouble and clean for a year so is there a way I can get them back

Tim Akpinar
Tim Akpinar answered on May 19, 2021

Your question remains open for two weeks, probably because the Admiralty/Maritime heading you included got in the way of the main issue, which is adoption. Try reposting again, and only choose Adoption and Family Law as categories. If you still don't receive a response, you could reach out to... Read more »

1 Answer | Asked in Tax Law and Admiralty / Maritime for Washington on
Q: What is the proper way to go about transferring a stimulus relief payment that was issued to the wrong person?

My client is a fisherman and owner of a boat/company. He went on a temporary medical leave and transferred the name on his business permit to a long term employee. The employee subsequently filed an application for the seafood trade relief program. He obtained a near $18,000 check from the USDA,... Read more »

Tim Akpinar
Tim Akpinar answered on May 14, 2021

I'm sorry your question remains open for three weeks. At this point, you could reach out to tax attorneys in Washington State. There's a link above (Find-a-Lawyer), or you could search online on your own. Maritime attorneys aren't likely to know about the issues you raise - a tax... Read more »

3 Answers | Asked in Admiralty / Maritime for Florida on
Q: Federal case regarding Jones Act

This is for a federal Jones Act case. The plaintiff ....

THe dismissal was 'dismissed without prejudice for lack of prosecution'. It didn't show up in the details

Editing this for more details... of course yes she has tried reaching out to other counsel but running... Read more »

Raul G. Delgado II
Raul G. Delgado II answered on May 5, 2021

Under these circumstances, it sounds like she may have a good argument to get the dismissal vacated if the basis behind the dismissal is because of former counsel's inattention and not the individual personally. There is no black and white answer because it seems as if there are a lot of... Read more »

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1 Answer | Asked in Admiralty / Maritime, Business Law, Civil Rights and Collections for Florida on
Q: Can I chain a customers boat to the dock for non payment?

I own a commercial diving business that does underwater hull cleaning and yacht maintenance. I had a customer bring his boat to the marina where I am currently staying on my own boat. After I took care of his boat he didn't show up to pay me or get his boat at the time we agreed. Rather than... Read more »

Tim Akpinar
Tim Akpinar answered on May 3, 2021

Only a Florida attorney could advise you on your specific question. But you posted under Admiralty/Maritime Law, and under U.S. maritime law, a remedy that is sometimes applied in settings where vessel interests owe money is a maritime lien. This comes up in ship mortgages, vessel collisions, crew... Read more »

2 Answers | Asked in Criminal Law and Admiralty / Maritime for Florida on
Q: please see below

I own 51% of a marine contracting company. The company owns several tug boats and other pieces of marine equipment.

Can I gift one of the tug boats to another company which I own 100% of. Once the transaction is complete, can I then lease the tugboat back to the original company which... Read more »

Henry George Ferro
Henry George Ferro answered on Apr 21, 2021

You may do what you propose...but the proviso is that there are likely tax consequences to your proposal...You should be communicating with a tax specialist and/or accountant...

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2 Answers | Asked in Admiralty / Maritime, Legal Malpractice, Medical Malpractice and Personal Injury for Florida on
Q: My injury case was settled but I never got my money part (maritime). I want to make a new case for Malpractice.

My injury case was onboard a cruise line ship and this case is on Brevard County Court.

For the new case I want to have for Malpractice occurred in Lantana, Lake Worth.

Tim Akpinar
Tim Akpinar answered on Apr 20, 2021

There isn't enough information to form any judgment on what happened here in terms of the handling of the case. But as a GENERAL matter in maritime and other types of injury cases, there are factors that could sometimes delay payment to a plaintiff. Some of these are not within the control of... Read more »

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1 Answer | Asked in Contracts and Admiralty / Maritime on
Q: Is the judicial system in the US and Canada PRIVATE OR PUBLIC?
Tim Akpinar
Tim Akpinar answered on Apr 6, 2021

As a general premise, judicial systems are public. In the U.S., court systems are operated by the government on the federal, state, and local levels. In the U.S., Article III of the Constitution establishes federal courts ("The judicial Power of the United States, shall be vested in one... Read more »

6 Answers | Asked in Bankruptcy, Immigration Law, Admiralty / Maritime and Health Care Law for Virginia on
Q: Would it be accurate to say that any attorney who passes the bar exam know about client confidentiality?
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Apr 1, 2021

The answer should be yes, but unfortunately, there is a chance that an attorney that passed the bar isn't well versed in client confidentiality.

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1 Answer | Asked in Admiralty / Maritime, Libel & Slander, Civil Litigation and Elder Law for Indiana on
Q: If you fill out a personal check wrong is it a crime? Can someone turn it around and make it a crime?
Tim Akpinar
Tim Akpinar answered on Mar 10, 2021

If someone made innocent errors in filling out a check, it would not generally be considered crime. If the errors were material and they were deliberately made with the intent to deceive the payee or to deceive the financial institution, those could amount to crimes, depending on applicable... Read more »

1 Answer | Asked in Admiralty / Maritime, Business Formation and Business Law for Maryland on
Q: Are there any license requirements to become a ship chandler?
Tim Akpinar
Tim Akpinar answered on Mar 10, 2021

Ship chandler is a term that's used more loosely than traditional seagoing slots for which licensing credentialing is clear, such as second engineer for first officer. If the employer has any kind of requirement to maintain merchant marine credentialing, information on seagoing credentialing... Read more »

3 Answers | Asked in Bankruptcy, Contracts, Admiralty / Maritime and Business Law for California on
Q: What option do we have to avoid bankruptcy as freight forwarder hit by per-diem charges for container storage?

We are a freight forwarder and at the brink of filing for bankruptcy. Our client, the shipper, ran out of warehouse space to accept shipments and instead had the trucking company hold the containers for over three months. The shipping company charges detention or per-diem fees for the containers... Read more »

Leon Bayer
Leon Bayer answered on Feb 23, 2021

You should immediately consult an attorney to review all the contracts and any other paperwork. Without seeing the contracts, there is no way to answer your question.

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1 Answer | Asked in Admiralty / Maritime, Business Law and Cannabis & Marijuana Law on
Q: In North Carolina do I have to have a dealer's license to purchase a dealer license plate
Tim Akpinar
Tim Akpinar answered on Feb 7, 2021

There was no mention of a vessel, although Admiralty/Maritime was selected as a category. It wasn't clear if this was about a maritime law matter involving a vessel or activity on navigable waters. Good luck

Tim Akpinar

1 Answer | Asked in Admiralty / Maritime on
Q: Is it proper to not refer to a documented ship as e.g. "the Constitution", instead just "Constitution"?
Tim Akpinar
Tim Akpinar answered on Feb 3, 2021

In terms of the USS Constitution, the vessel is generally referred to as Constitution or USS Constitution, without the word "the." But I see people use the word "the." In legal pleadings I deal with, I see vessels designated both ways. That's just as a general matter. But... Read more »

2 Answers | Asked in Estate Planning and Admiralty / Maritime for North Carolina on
Q: Hello, I just turned in my 90 day inventory to my local NC clerk of court.

They advised I wait a few months to see if any debits or credits came in. I thought after 90 days I could wait a few weeks and do the final accounting. I did of course do the 90 day notice to creditors in legal but I didn't mail or hand deliver any notices. Thanks.

Nina Whitehurst
Nina Whitehurst answered on Jan 7, 2021

Do you have a question? If so, you should try posting again.

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1 Answer | Asked in Admiralty / Maritime on
Q: Am a little bit confused,what exactly is tge Giannelis v. Atlanta 82,F.Supp 218,1948 about please
Tim Akpinar
Tim Akpinar answered on Dec 20, 2020

This case goes back to 1948 and it can sometimes be difficult to find digitized records for cases going back that far in time. It was decided in the United States District Court, Southern District of Georgia, Savannah Division on August 27, 1948. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Admiralty / Maritime for Michigan on
Q: Legality of bicycling on breakwater in Marquette, Michigan

The breakwater is public and often visited by pedestrians. No signs on the premises make mention of pedestrians or otherwise, only that one may not damage federal property.

Tim Akpinar
Tim Akpinar answered on Dec 2, 2020

A Michigan attorney could advise best, but your question remains open for two weeks. This does not appear to involve maritime law. If there is no signage, it could be difficult to determine what the exact rules would be. One option could be to check with local lawmakers, officials, or land-use... Read more »

1 Answer | Asked in Contracts, Admiralty / Maritime, Constitutional Law and Military Law on
Q: Are you a BAR Member?

Do you answer to the British monarch

Tim Akpinar
Tim Akpinar answered on Nov 25, 2020

The maritime firms here practice in the U.S. mainly. There are online resources for finding UK maritime firms outside of this site. Additionally, some of the larger maritime firms based in the U.S. have international practices with offices overseas. Good luck

Tim Akpinar

1 Answer | Asked in Contracts, Admiralty / Maritime and Intellectual Property on
Q: Will DOG LATIN syntax void a commercial offer from from your quasi courts?
Tim Akpinar
Tim Akpinar answered on Nov 18, 2020

Courts are not too concerned with syntax. The emphasis is more on substantive legal issues, such as naming the parties, identifying the goods, including prices, timeframes to accept offer, forms of acceptance, etc. Good luck

Tim Akpinar

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