Questions Answered by Sean R Hanover
Q: Should I seek an attorney before allowing CPS to question my son??
1 Answer
| Asked
in
Family Law and Juvenile Law
for
District of Columbia
on
Answered on Dec 27, 2017
Answered on Dec 27, 2017
Sean R Hanover's answer
Great question -- NEVER speak with the authorities unless you are represented by counsel. This could have a devastating effect on your son and your family. You need to learn what gave rise to these allegations. In a CPS investigation, they will be targeting the family, and the environment that gave rise to the allegations. They could punish you as parents, or even take away your son. The charges, even though dismissed, are serious.
I recommend you contact counsel immediately. It...
Great question -- NEVER speak with the authorities unless you are represented by counsel. This could have a devastating effect on your son and your family. You need to learn what gave rise to these allegations. In a CPS investigation, they will be targeting the family, and the environment that gave rise to the allegations. They could punish you as parents, or even take away your son. The charges, even though dismissed, are serious.
I recommend you contact counsel immediately. It...
Q: Hello, I am a deli owner and one of my employee sued me for minimum wage and overtime.
Sean R Hanover's answer
Contact us at your earliest convenience. FLSA violations can be nasty, and you need a lawyer to get your through this with a minimum of pain. By way of overview -- generally, if you did not pay an hourly employee the appropriate number of hours, you can be liable for up to three times the missing amount (including overtime). Where the failure to pay was not willful (and that's another kettle of fish as to how the Government defines willful), the amount owed is two times the missing amount....
Contact us at your earliest convenience. FLSA violations can be nasty, and you need a lawyer to get your through this with a minimum of pain. By way of overview -- generally, if you did not pay an hourly employee the appropriate number of hours, you can be liable for up to three times the missing amount (including overtime). Where the failure to pay was not willful (and that's another kettle of fish as to how the Government defines willful), the amount owed is two times the missing amount....
Q: Forming solo proprietorship
Sean R Hanover's answer
I would disagree with your statement about needing to incorporate (or, as you stated, form an LLC). Liability is not just limited to exposure from a potential client. You should definitely speak with a lawyer prior to make any final decision. Taxes are at the (1) federal level (EIN), (2) state (sales tax), and (3)county (BPOL, occupation license). We would be happy to discuss further with you. Give us a ring at 703-402-2723 or 1-800-579-9865.
I would disagree with your statement about needing to incorporate (or, as you stated, form an LLC). Liability is not just limited to exposure from a potential client. You should definitely speak with a lawyer prior to make any final decision. Taxes are at the (1) federal level (EIN), (2) state (sales tax), and (3)county (BPOL, occupation license). We would be happy to discuss further with you. Give us a ring at 703-402-2723 or 1-800-579-9865.
Q: My 12 years old involved in painting other people property's, and he witnessed his friends setting something on fire.
Sean R Hanover's answer
Absolutely! You should not speak with, nor discuss your case, with any government official when a lawyer is not present. In DC, you are looking at delinquency proceedings in Superior Court. These can result in your child being placed under Court supervision, being removed from your home, or being placed in a youth detention facility. This is especially true if there are problems at home, he is not attending school, or is otherwise having problems.
Remember that anything you (or...
Absolutely! You should not speak with, nor discuss your case, with any government official when a lawyer is not present. In DC, you are looking at delinquency proceedings in Superior Court. These can result in your child being placed under Court supervision, being removed from your home, or being placed in a youth detention facility. This is especially true if there are problems at home, he is not attending school, or is otherwise having problems.
Remember that anything you (or...
Q: Can a judge order an abuser to pay a petitioner's legal fees, as well as pay rent, as part of a civil protection order?
1 Answer
| Asked
in
Criminal Law, Family Law and Domestic Violence
for
District of Columbia
on
Answered on Nov 18, 2016
Answered on Nov 18, 2016
Sean R Hanover's answer
Great question! So, when you file in DC for a protective order, you ask what relief you are seeking. When you go to Court, the judge will complete (or you will settle with the opposing side) an order regarding your motion for a protective order. A section on that "order" includes payment of home expenses, attorney fees, etc. Note, however, generally, a person cannot be forced to pay rent unless they are on the lease and have been paying already.
When going to Court, it is important...
Great question! So, when you file in DC for a protective order, you ask what relief you are seeking. When you go to Court, the judge will complete (or you will settle with the opposing side) an order regarding your motion for a protective order. A section on that "order" includes payment of home expenses, attorney fees, etc. Note, however, generally, a person cannot be forced to pay rent unless they are on the lease and have been paying already.
When going to Court, it is important...
Q: What constitutes voting shares in the eyes of the IRS?
Sean R Hanover's answer
Great question! In answer, a "voting share" refers to a class of shares, the possession of which entitled the bearer to vote on matters related to the corporation or organization. As such, you need to look at the corporate charter, or depending on the structure of an LLC, the operating agreement, to determine what class of shares (or units) have the right to vote.
Need help reviewing a charter to determine which class of shares can vote? Feel free to reach out to me directly at...
Great question! In answer, a "voting share" refers to a class of shares, the possession of which entitled the bearer to vote on matters related to the corporation or organization. As such, you need to look at the corporate charter, or depending on the structure of an LLC, the operating agreement, to determine what class of shares (or units) have the right to vote.
Need help reviewing a charter to determine which class of shares can vote? Feel free to reach out to me directly at...
Q: Must a Maryland employer pay the salary of employee who lives in DC and is required to serve on a jury at DC Supr Ct?
Sean R Hanover's answer
In regards to your question about whether this all applies to DC as it does to an MD proceeding, the simple answer is "no." The code section referenced above only applies to actions in an MD court, and the reach of the MD law only covers hearings that the MD Court can control or enforce. Because DC is outside of Maryland's jurisdiction, it cannot control the behavior of individuals attending, or not attending jury in those jurisdictions. There is no "jury consideration" reciprocity between...
In regards to your question about whether this all applies to DC as it does to an MD proceeding, the simple answer is "no." The code section referenced above only applies to actions in an MD court, and the reach of the MD law only covers hearings that the MD Court can control or enforce. Because DC is outside of Maryland's jurisdiction, it cannot control the behavior of individuals attending, or not attending jury in those jurisdictions. There is no "jury consideration" reciprocity between...
Q: If a child was pushed to direct them in the room in which they were asked to to their chores
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Family Law
for
District of Columbia
on
Answered on Sep 14, 2016
Answered on Sep 14, 2016
Sean R Hanover's answer
I would recommend contacting us at your earliest convenience. This matter is serious. In response to your question -- yes, you can be charged with assault. Assault is the unwanted touching (or imminent threat of touching) of another without privilege and without consent. DC Code 22-404(a) covers the charge, which carries a maximum sentence of 180 days. In your example above, you shoved or pushed the child. That would be sufficient to show a touching. The degree of the injury makes you...
I would recommend contacting us at your earliest convenience. This matter is serious. In response to your question -- yes, you can be charged with assault. Assault is the unwanted touching (or imminent threat of touching) of another without privilege and without consent. DC Code 22-404(a) covers the charge, which carries a maximum sentence of 180 days. In your example above, you shoved or pushed the child. That would be sufficient to show a touching. The degree of the injury makes you...
Q: Is there anything I can do to stop my daughter's father from obtaining a birth certificate and SSN?
Sean R Hanover's answer
It is not likely the Court will agree to prevent the lawful father, who has rights to visit and be with his child, from obtaining her birth certificate and/or social security number. For that matter, he can file with the state to get a copy of the birth certificate himself. You need to be careful not to appear to be purposefully hindering the father in obtaining something that he has a legal right to have. If you have concerns about what he is doing, you need to be able to explain what they...
It is not likely the Court will agree to prevent the lawful father, who has rights to visit and be with his child, from obtaining her birth certificate and/or social security number. For that matter, he can file with the state to get a copy of the birth certificate himself. You need to be careful not to appear to be purposefully hindering the father in obtaining something that he has a legal right to have. If you have concerns about what he is doing, you need to be able to explain what they...
Q: Is it possible to get 18 months for armed robbery
Sean R Hanover's answer
In order to determine a "range" for a specific crime, you need to look at the sentencing guidelines. You can find them online for the District of Columbia at http://scdc.dc.gov/publication/2014-voluntary-sentencing-guidelines-manual. You need to know both the offense being charged, and any enhancements or aggravating elements that could make the crime more serious. The most common form of enhancement is prior offenses.
Like many jurisdictions, DC works on a point system. For...
In order to determine a "range" for a specific crime, you need to look at the sentencing guidelines. You can find them online for the District of Columbia at http://scdc.dc.gov/publication/2014-voluntary-sentencing-guidelines-manual. You need to know both the offense being charged, and any enhancements or aggravating elements that could make the crime more serious. The most common form of enhancement is prior offenses.
Like many jurisdictions, DC works on a point system. For...
Q: How do I file Reversionary interest
Sean R Hanover's answer
A reversionary interest is a legal right in some sort of property, real or personal. This sort of interest is created at the inception of the property.
A reversionary interest is a legal right in some sort of property, real or personal. This sort of interest is created at the inception of the property.
Q: What is the amount of time till you can file wrongful death in virginia?
Sean R Hanover's answer
You must file a wrongful death suit within two years after the death. However, if the decedent died more than two years after the injury without having brought suit, the action is barred.
You must file a wrongful death suit within two years after the death. However, if the decedent died more than two years after the injury without having brought suit, the action is barred.
Q: How much time is someone looking at for taking indecent liberties with a child in a custodial or supervisory.
Sean R Hanover's answer
This is a class 5 felony which carries a maximum penalty of not more than 12 months confinement, but probation can last from 1-10 years. The age of the child will affect your time. If the child was 15 at the time of the incident then the amount of time will likely be from 1-6 months confinement. If the child was 1 at the time of the incident, you will likely get closer to the maximum.
This is a class 5 felony which carries a maximum penalty of not more than 12 months confinement, but probation can last from 1-10 years. The age of the child will affect your time. If the child was 15 at the time of the incident then the amount of time will likely be from 1-6 months confinement. If the child was 1 at the time of the incident, you will likely get closer to the maximum.
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