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Admiralty / Maritime Questions & Answers
1 Answer | Asked in Criminal Law and Admiralty / Maritime for Georgia on
Q: Here in GEORGIA, what are the rules of giving notice to a defendant in the case of transcript reconstruction?

The court reporter failed to create record of plea hearing. Later, the prosecutor sent a proposed transcript to defendant. Defendant was given no certain time by which to respond. Nor was defendant made aware that the proposed transcript would become the true and official transcript if he did not... View More

Glenn T. Stern
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answered on Apr 30, 2024

Under Georgia law, reconstructed transcripts are governed by OCGA §5-6-41(g), which states

"Where a trial is not reported as referred to in subsections (b) and (c) of this Code section or where for any other reason the transcript of the proceedings is not obtainable and a transcript...
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1 Answer | Asked in Contracts, Admiralty / Maritime, Civil Rights and International Law on
Q: What happens when someone says in court? 1. I do not consent to these proceeding? 2. Your offer is not accepted

3. I do not consent to being surety for this case and these proceedings

4. I demand the bond be immediately brought forward so I can see who will indemnify me if I am damaged

What happens next in the courtroom if this said to the administrative clerk/ judge?

James L. Arrasmith
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answered on Apr 25, 2024

If someone were to make those statements in court, here is what would likely happen:

1. Saying "I do not consent to these proceedings" would not have any legal effect. Court proceedings are compulsory and do not require the consent of the parties involved. The judge would likely...
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1 Answer | Asked in Criminal Law and Admiralty / Maritime for Hawaii on
Q: I am pro se and need to know the best place to obtain the process and stages, as well as court etiquette, and doc filing

It is a misdemeanor, but self defense. Need to know how to navigate thru law of the sea in court, as an American National under law of the land, common law. In Hawaii dist 1. Just their procedures. Thank you.

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2024

I'm not a criminal defense attorney, but you posted under Admiralty/Maritime, and your question remains open for four weeks. It would probably be best for an experienced criminal defense attorney who practices in Hawaii to advise you. But as a general point, I see you are working on... View More

1 Answer | Asked in Divorce, Admiralty / Maritime and Family Law for Wisconsin on
Q: Where do I find an "experienced" bulldog divorce lawyer with Admiralty marine lawyer knowledge in a divorce with a yacht

Need immediate help possibly getting an injunction to keep it from being launched the last week in April in Wisconsin to prevent husband from sailing off with his new girlfriend with the asset although no divorce proceedings yet, but impending. Husband is a brilliant clinically diagnosed... View More

Tim Akpinar
Tim Akpinar
answered on Apr 21, 2024

You're seeking an attorney, and it could be difficult for attorneys here to respond with offers of their services. There is no solicitation here - the format is limited to quick Q & A. The closest thing to an attorney referral page on this site may be the tab above, "Find a... View More

2 Answers | Asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan on
Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

The admiralty/maritime connection (one of the chosen categories) isn't fully clear here, unless this involves a vessel. Otherwise, it could be a basic matter of breach of contract, depending on sales agreement and auction platform's terms of service. Before involving attorneys, it could... View More

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2 Answers | Asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan on
Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

James L. Arrasmith
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answered on Mar 21, 2024

If you've received an item from an auction that was listed as unused but arrived in a used and tampered condition, the first step is to document everything. Take clear photos of the item, focusing on the areas where there are missing screws and signs of tampering. Make sure to keep all the... View More

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1 Answer | Asked in Criminal Law and Admiralty / Maritime for Louisiana on
Q: what the Admirality/Maritime RS statue for towing barges to park on private property w/o permission. I live in Louisia

Barges park on my property for lengths of time no lease.. Shine lights at my home that enterred into my windows any hour nof night. what right do I have. We own 40 acres of land and 250 feets of this property extents into the river.

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2024

A Louisiana attorney could advise best, but your question remains open for two weeks. Without knowing the reason for choosing to use your waterfront property instead of a mooring, a starting point could be to contact the towing company. It doesn't sound like a practice that the larger towing... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I rented a slip for 16 months. Can the owner move my houseboat so he could lien it for 1 month of back rent.

I became homeless from one day to the next. All of my belongings in it & lost my job.

First, He called a tow company to tow my truck without any notices (he stated that it was an eye sore, that it had three wheels, all wheels were on it).

One day before he moved my houseboat I... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, the owner of a marina or slip has certain legal rights and procedures to follow when dealing with back rent and liens on vessels like houseboats. However, these actions, including moving your houseboat to place a lien for unpaid rent, require following specific legal procedures,... View More

2 Answers | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Texas on
Q: How do I properly file a petition for writ of prohibition
James L. Arrasmith
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answered on Feb 24, 2024

To properly file a petition for a writ of prohibition, you will need to follow specific procedures outlined by the court in which you plan to file your petition. Begin by researching the rules and requirements for filing such petitions in your jurisdiction, as they can vary from one court to... View More

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2 Answers | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Texas on
Q: How do I properly file a petition for writ of prohibition
John Michael Frick
John Michael Frick
answered on Feb 7, 2024

A writ of prohibition is governed by Tex. R. App. P. 52 which governs all original proceedings. The petition for writ of prohibition should be filed electronically using the state's e-filing system with the appropriate appellate court. It should be captioned "In re [name of of the... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets, Admiralty / Maritime and Constitutional Law for Pennsylvania on
Q: Where is “Statutory Jurisdiction” in Constitution?

I appeared for a traffic violation. I told the Judge that I didn’t understand the criminal charge and asked under what jurisdiction the Court was operating in. When I heard “statutory jurisdiction”, I asked where that is located in the Constitution since the Constitution only mentions Common... View More

James L. Arrasmith
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answered on Jan 26, 2024

There is no specific mention of "statutory jurisdiction" in the U.S. Constitution. However, the concept of statutory jurisdiction falls under Congress' authority to establish federal courts and prescribe their jurisdiction under Article III, Section 1 and Article I, Section 8 of the... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets, Admiralty / Maritime and Constitutional Law for Pennsylvania on
Q: Where is “Statutory Jurisdiction” in Constitution?

I appeared for a traffic violation. I told the Judge that I didn’t understand the criminal charge and asked under what jurisdiction the Court was operating in. When I heard “statutory jurisdiction”, I asked where that is located in the Constitution since the Constitution only mentions Common... View More

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2024

The U.S. Constitution grants powers to courts under Article III. I'm not certain if uses the term "statutory jurisdiction," but it outlines the extent of judicial powers in Section 2, " ...to all cases of admiralty and maritime jurisdiction; to controversies to which the United... View More

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2 Answers | Asked in Contracts and Admiralty / Maritime on
Q: QUESTION: In America is a lawyer's first sworn duty is to the court not to the client who employs them.?

I ask because that is definitely the case in the UK. I was accused of harassing a Member of our parliament (MP) because I pointed out that she was committing treason. The court used the law that stops a wife abusing husband from personally cross examining his wife which causes wives to be fearful... View More

James L. Arrasmith
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answered on Jan 14, 2024

In the United States, lawyers do have a duty to the court, but this does not supersede their duty to their client. The American Bar Association's Model Rules of Professional Conduct emphasize both the lawyer's obligation to represent their client zealously within the bounds of the law and... View More

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2 Answers | Asked in Contracts and Admiralty / Maritime on
Q: QUESTION: In America is a lawyer's first sworn duty is to the court not to the client who employs them.?

I ask because that is definitely the case in the UK. I was accused of harassing a Member of our parliament (MP) because I pointed out that she was committing treason. The court used the law that stops a wife abusing husband from personally cross examining his wife which causes wives to be fearful... View More

Tim Akpinar
Tim Akpinar
answered on Jan 14, 2024

The duties are intertwined. Lawyers must exercise diligence and be zealous in advocating the interests of their client. At the same time, they must operate within the strict guidelines of the court system, which includes comlpying with codes of civil procedure, criminal procedure, rules of... View More

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2 Answers | Asked in Admiralty / Maritime on
Q: hello, this is a Maritime Law question. I had to arrive by emergency to a mexican port.

so, as I’ve read they are obliged to help me.

I’ve been here for the 72hrs the International Maritime law allows me. but they want to charge me for occupiing a berth during this time.

am I ment to pay? isn’t it an emergency, so it should be free?

James L. Arrasmith
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answered on Jan 14, 2024

Under international maritime law, ports are indeed obligated to provide assistance to vessels in distress, including allowing them to dock in case of emergency. This principle is rooted in the safety and welfare of the crew and the vessel. However, the provision of emergency harbor does not... View More

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1 Answer | Asked in Admiralty / Maritime for Tennessee on
Q: Why is the court room laid out like a ship? And why does said ship fly a flag that means no nation no constitution?
T. Augustus Claus
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answered on Dec 20, 2023

The layout of admiralty or maritime courtrooms resembling a ship and the flag flown, often known as the "admiralty flag" or "maritime flag," is associated with a legal theory known as admiralty law or maritime law. This theory suggests that these courts operate under a distinct... View More

2 Answers | Asked in Employment Law, Admiralty / Maritime and Cannabis & Marijuana Law for California on
Q: To do a slip and fall at work I was drug tested just we're coming back from vacation and I came out positive for marijua

Was was not notified until 5 months later and then terminated from the cruise ship

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2023

You could try to arrange a free initial consult with an employment law attorney. If your cruise ship was not U.S.-flagged, that would be meaningful to an attorney. Since most cruise ships are registered offshore, it could help if you have a copy of your employment agreement - that might contain... View More

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2 Answers | Asked in Employment Law, Admiralty / Maritime and Cannabis & Marijuana Law for California on
Q: To do a slip and fall at work I was drug tested just we're coming back from vacation and I came out positive for marijua

Was was not notified until 5 months later and then terminated from the cruise ship

James L. Arrasmith
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answered on Dec 6, 2023

Under California law, employers are generally allowed to conduct drug testing after a workplace accident. However, the process must be consistent with the company's policies and any applicable employment agreements.

If you were not notified of the positive test result until five months...
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2 Answers | Asked in Admiralty / Maritime for New York on
Q: The question is how does General Average play a role in today’s maritime industry?
James L. Arrasmith
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answered on Nov 28, 2023

General Average is a principle in maritime law that is still very relevant in today’s maritime industry. Here's how it functions and its role in modern shipping:

Definition of General Average: General Average is a maritime principle that dates back to ancient maritime law. It...
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2 Answers | Asked in Admiralty / Maritime for New York on
Q: The question is how does General Average play a role in today’s maritime industry?
Tim Akpinar
Tim Akpinar
answered on Nov 27, 2023

It still plays a role, and the principle is invoked in modern times. But the hazards of maritime transport have changed a great deal with modern vessels. General average has its historic roots in an age where vessels faced greater risk due to storms, navigational errors, equipment failures, etc. -... View More

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