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
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...

Q: Hello, I am a deli owner and one of my employee sued me for minimum wage and overtime.

2 Answers | Asked in Employment Law for District of Columbia on
Answered on Dec 22, 2017
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....

Q: Forming solo proprietorship

1 Answer | Asked in Business Formation and Business Law for Virginia on
Answered on Jul 11, 2017
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.

Q: My 12 years old involved in painting other people property's, and he witnessed his friends setting something on fire.

3 Answers | Asked in Criminal Law and Probate for District of Columbia on
Answered on Jun 26, 2017
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...

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
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...

Q: What constitutes voting shares in the eyes of the IRS?

1 Answer | Asked in Tax Law and Mergers & Acquisitions for Virginia on
Answered on Oct 12, 2016
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...

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?

1 Answer | Asked in Employment Law for Maryland on
Answered on Sep 14, 2016
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...

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
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...

Q: Is there anything I can do to stop my daughter's father from obtaining a birth certificate and SSN?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Aug 10, 2016
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...

Q: Is it possible to get 18 months for armed robbery

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Jul 7, 2015
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...

Q: How do I file Reversionary interest

1 Answer | Asked in Uncategorized for Virginia on
Answered on Dec 17, 2014
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.

Q: What is the amount of time till you can file wrongful death in virginia?

2 Answers | Asked in Wrongful Death for Virginia on
Answered on Dec 16, 2014
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.

Q: How much time is someone looking at for taking indecent liberties with a child in a custodial or supervisory.

2 Answers | Asked in Criminal Law for Virginia on
Answered on Dec 15, 2014
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.