Admiralty / Maritime Q&A by State
Your current state is Virginia
Admiralty / Maritime Questions & Answers
Q: I was charged with 29.1-738.01 improper operation of a boat. Could you please let me know what I can expect to happen
When I go to court? I am wondering about the fine and the consequences of a class 3 misdemeanor
This is something that needs to be discussed with a Virginia attorney who practices criminal law. Good luck
Tim Akpinar
Q: The question is, what is the process of selling a boat in an llc in california for buyer and seller. Who does what?
If you are the seller (transferring the llc to the buyer) what are you required to do and when? If you are the seller what are you required to do an when? I.e. register the llc in your name, etc...
Depending on the size of the vessel, this can be a complex transaction that can involve state-specific laws in a number of different areas. It is something that needs to be discussed in detail with an attorney who practices in the jurisdiction. Good luck.
Tim Akpinar
Q: I have been introduced to a legal experiment regarding constitutional law. Could someone evaluate the following ?
We are defrauded at birth and made a corporation under Admiralty Law.
The registration of live births in America and throughout the former British Empire, most of Europe, is used not to simply record the birth of babies, but to name commercial "vessels" after those babies. This... Read more »
This does not appear to be something the average maritime practitioner dealing with ship collision, ship arrest, Jones Act, cruise ship, boating accident, or salvage cases would know about. A tax attorney might have deeper insight.
Tim Akpinar
Q: What steps do I need to take to become of majority status and correctly use the name? Indiana and internationally.
Sorry, but this does not sound like a maritime question. Also, the naming in issue did not come through. Please try trademark and copy write experts. Thank you and best regards. Tom Evans Maritime Lawyer Please see Justia disclaimer.
Q: US pass through entity gains revenue from services aboard a cruise ship. Does that entity pay US federal and state tax
This question needs to be presented to a tax attorney - try to repost, adding Tax Law as a category.
Tim Akpinar
Q: regarding the “heightened duty of care” - is the next statement accurate? Thanks
Unfortunately, the federal appellate courts have cancelled that out in maritime cases. They apply a watered-down “reasonable care” standard instead.
That reasonable care standard applied in maritime law is prevalent in tort law in general. If you have a case pending, your attorney could outline for you why the protection afforded by the standard is not a weak one, if it is examined thoroughly by an experienced maritime practitioner. If your... Read more »
Q: Whats the template for a sale of this type from both a buyers and sellers best practices pov?
In terms of templates, it could depend on the preferences of the Nevada broker handling the sale. While they could be similar in general characteristics and basic issues covered, templates could differ from broker to broker.
Tim Akpinar
Q: Does buyer of 'boat' LLC have to register ownership immediately after acquistion? And whom is responsible for taxes?
In October 2018, I sold my California LLC which only asset was a boat (wholly owned by my single owner/manager CA S corp). Licensed yacht brokers handled the sale through a maritime attorney. The deal was a straight up deal, llc for cash. The same maritime attorney represented both buyer and... Read more »
You are sailing in unchartered waters--at least for me. In addition, there are some important facts missing from you question that prevent lawyers from advising you. Finally, competent lawyers do not answer questions about what might happen in the future. Too many possibilities.
Q: Can you use vehicle codes from one state to another state?
I would like to know if I could use Idaho vehicle codes in California and vice verse since its state to state.
What do you mean by "vehicle codes?"
Q: If a marina allows larger boats to overhang their slips and a smaller boat hits the larger boat while the larger boat
is still in its slip not moving, can the marina be sued? So the question is about liability issues a marina might encounter
by allowing boat overhang in the slips.
annegwynn1@gmail.com
The degree of overhang could be a factor. If the smaller boat was moving, it's likely that it would be confronted by the argument that the other vessel was not moving. Maritime law applies a presumption that serves in favor of a non-moving vessel in encounters with moving vessels. The degree of... Read more »
Q: Why is another pre-trial set When the prosecutor produced no evidence of jurisdiction?
I was given a ticket for 87 in an 80.
I was on official business to Houston the day before a court date.
I was traveling freely and unencumbered when the officer chased me down. I rolled the window down only about 2 1/2 inches. He demand I roll it all the way down. I refused.... Read more »
You could repost the question simply under Traffic Tickets. There were a number of different headings here, which may have served to discourage your question being picked up until now. Leave off the Constitutional Law and Admiralty/Maritime Law elements (there were no maritime issues here) - they... Read more »
Q: how do I get a copy of the court papers and shipwreck arrest of the Andrea Doria by John Moyer
There was a preliminary injunction filed for the wreck of the Andrea Doria in the United States District Court, District of New Jersey. It was referenced as 836 F. Supp. 1099 (1993) - Civ. A. No. 93-2377. It's hard to say how much of the file subsequent to that is digitized and online, as the... Read more »
Q: Can duties & tariff be added 5-months after the shipment arrived at US port and merchandise sold.
I assume there was a shipping receipt or written contract somewhere in this transaction. Reading the contract may answer your question. Transfer of title is a very complicated subject. I would seek help from a Maritime attorney in your area.
Q: Is there a way my boyfriend can ask to be seen by a judge to lower the bail(which is extremely excessive for his crime)
I heard that there is. Way that you can be seen by the majestrate within 12 hours of arrest to re evalute the bond and bail out with cash. He is homeless. So one hundred thousand dollars is quite excessive for stealing water and fruit to survive
more info needed.
you need to retain a private lawyer or request a public defender.
move to put the matter On Calendar for a bail motion.
Q: How does attorney deal with the moral battle knowing about the court registry investment system and the effects
How does attorney deal with the moral battle knowing about the court registry investment system and the effects
From a practical standpoint, many attorneys do not stop and think to delve deeply into the moral issues because they tend to be more focused on its use as a tool for handling court registry funds. Their immediate attention tends to be more on individual cases.
Tim Akpinar
Q: List Two or three important cases regarding this particular article and section
Is this a homework question?
Q: Does Az.District Court Judge have a deadline to approve a fee waiver? We cannot "Serve" defendant until it is approved.
An attorney would likely want to see additional details here, possibly including pleadings, orders, agreements, and other related paperwork.
Tim Akpinar
Q: How to challenge personal or subject matter jurisdiction in court?
There are a number of ways to challenge subject matter jurisdiction in maritime cases. One of these is raising the issue of location, in terms of whether an accident took place on navigable waters.
Tim Akpinar
Q: hi i have an assignment to ask lawyers about latent defect in maritime law anything in general
To get started, you could look up a federal appeals court decision captioned as French Cuff, Ltd, a British Virgin Islands Company v. Markel American Insurance Company. It's an 11th Circuit case dealing with a crack in the hull of a 64-foot catamaran. The decision discusses latent defects in the... Read more »
Q: in krs 355.2-309 absence of specific time provisions.. What is considered reasonable time? 1,2 4 weeks? 30 days?
created contract to provide signage to a client, I being the designer, creator and Installer, I would purchase the materials needed to do so and construct and then install, had set a date on one part of estimate, however states "this is an estimate on the goods named and subject to change if... Read more »
Reasonable I’d determined the the facts and circumstances surrounding the issue. It could be 30, 60, even 90 days. Bottom line, if you refund the money, they will likely dismiss the charge.
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