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Admiralty / Maritime Questions & Answers
1 Answer | Asked in Criminal Law and Admiralty / Maritime for Kentucky on
Q: How do I go about making sure my husband gets credit for time out on shock cause he went back with no new charges.

Charges - wanton Endangerment- 1st degree 1st offense.

The judge he had resigned and the prosecuting attorney for his case is now that judge

Timothy Denison
Timothy Denison
answered on Jul 14, 2023

Email or call his probation and parole officer and the DOC and ask them to confirm it. The DOC handles the time accreditations and calculations.

1 Answer | Asked in Medical Malpractice, Admiralty / Maritime and International Law for Florida on
Q: Can a US Flagged yacht sail to the Bahamas and have illegal medical procedures performed on the boat by a U.S. Based dr?

Does this violate any laws and what are the potential risks of the crew aboard?

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2023

"Illegal procedure" according to whom and under what laws? Maritime law? Who died? Who is complaining? The licensed physician can worry about his own ethical and medical obligations under his/her license.

As you see, it is impossible to respond to your concern, as drafted, sorry.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: I need to place a lien on a boat but the owner has removed the boat without paying dockage and repairs.

Can i still place a lien now that I don't have the boat??

Adam Eugene Deitz
Adam Eugene Deitz
answered on Jun 12, 2023

Whether you have a valid lien and if/how you should enforce same are complicated questions of law that you should discuss in detail with an experienced maritime lawyer. However, if the Vessel is documented with the United States Coast Guard, the process of recording a lien is fairly simple.... View More

4 Answers | Asked in Admiralty / Maritime and Workers' Compensation for California on
Q: Maintenance and Cure, Jones Act applicability. Need Help

I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with... View More

James William Alcantara
James William Alcantara
answered on May 23, 2023

If you were employed to work aboard the vessel and you were injured during your work, you have a Jones Act claim. You also have a claim for unseaworthiness. I assume the vessel was operating in navigable waters and not a land locked lake. You would have to file suit in Florida if that is where... View More

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1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Admiralty / Maritime for California on
Q: What paperwork is a judge/ commissioner/magistrate to have on-site (if not the case is dismissed?
James L. Arrasmith
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answered on May 6, 2023

Judges, commissioners, and magistrates are required to have certain paperwork on-site when presiding over cases in order to ensure a fair and just legal process. The specific paperwork required may vary depending on the type of case being heard, but generally, judges are required to have the... View More

1 Answer | Asked in Admiralty / Maritime, Personal Injury and Workers' Compensation for Florida on
Q: If I have been working for a tour boat company for a week and am injured do i qualify for jones act protection medical?

As a 100 ton boat captain I was training on a new job with a fast boat that holds 30 passengers. While training under the command of another captain at the helm. I was injured. I was also injured the day before due to safety issues below deck. Both injuries to my deck I informed my employer by... View More

Tim Akpinar
Tim Akpinar
answered on May 6, 2023

I'm sorry about your injuries. Yes, on your first question, it sounds like you would qualify for maintenance and cure. Those fast boats are usually domestically registered and do not operate under offshore flags. I can't be certain, based on the details of the post, but I would guess that... View More

2 Answers | Asked in Admiralty / Maritime and Gov & Administrative Law for Louisiana on
Q: Can I get a definition and a map of inland waters of the state of Louisiana?

My charter boat insurance policy limits state: Navigation Limits Inland waters of AL, GA, LA, MS, NC, SC & TX.

And I frequently fish the coast and need to know if my policy covers me while fishing the coast or nearshore oil platforms.

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

46 CFR section 10.107 provides: Inland waters means the navigable waters of the United States shoreward of the Boundary Lines as described in part 7 of this chapter, excluding the Great Lakes, and, for towing vessels, excluding the Western Rivers.

Part 7 provides the following definition...
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1 Answer | Asked in Admiralty / Maritime and Landlord - Tenant for California on
Q: My houseboat was moved while I was at work and was asked to leave the property after 16 months without any notices.

Management told me that he didn’t like those kind of people that came to visit me. I went on vacation and when I came back my electrical cord was missing and my water hose was cut in pieces. He than got of hold of me and said I have your boat and that he was putting a lien on it for back rent. I... View More

James L. Arrasmith
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answered on Apr 21, 2023

If your houseboat was moved without your permission and you were asked to leave the property after 16 months without any notices, and the management has placed a lien on your houseboat and is attempting to sell it, you may have legal options to challenge their actions.

First, you may want...
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1 Answer | Asked in Employment Law, Admiralty / Maritime and Business Law for Washington on
Q: Can a captain charge deckhands for gear/supplies as he deems fit?

Normal deductions are food/fuel. The following are extra.

2 examples.

A captain from another boat needs to borrow a grapple hook. With the captains permission a deckhand takes the hook to the other boat and helps with the task. The hook is accidentally left on the other boat and... View More

Brent Bowden
Brent Bowden
answered on Mar 27, 2023

I think the answer depends on how the crew is being paid. It is also potentially not a WA answer if the work is being done in Alaska.

In WA, an employer cannot charge an employee for broke/lost equipment unless it was an intentional or dishonest act that caused it to be lost/broken. I...
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1 Answer | Asked in Contracts, Employment Law and Admiralty / Maritime for Washington on
Q: Can it be construed as threatening to tell someone if they do not pay you what they owe you you will take them to court?

Basically my old boss owes me decent amount of money. He has no intention of paying it. I don’t want to have to go through the legal process.

If I were to sit down with him and basically tell him

“So you owe xxxx. You know you do. I know you do. I don’t want to have to make... View More

Brad S Kane
Brad S Kane
answered on Mar 22, 2023

Threatening to take someone to court if they do not pay a legitimate debt is legal.

Threatening someone with violence if they do not pay a debt is NOT legal.

1 Answer | Asked in Admiralty / Maritime, Civil Litigation and Civil Rights for Michigan on
Q: Is there a federal rule or code which prevents altering a settlement agreement that was put on record?

I entered into a settlement agreement, placed on record with a US magistrate judge. The government has written up a proposed stipulation. It has several pages of legal jargon and agreements that are not on record, and I do not agree to. I refuse to sign. He filed a motion to enforce the settlement,... View More

Brent T. Geers
Brent T. Geers
answered on Mar 21, 2023

The issue is whether what was placed on the record and presented in writing is substantively the same. Often times, what is placed on the record is material terms of the agreement; the written agreement will contain the additional "legalise" that make it all work. Unless you can show a... View More

1 Answer | Asked in Admiralty / Maritime for Michigan on
Q: Is a judge allowed to order you to sign a settlement which has several pages you have not agreed to?
James L. Arrasmith
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answered on Mar 15, 2023

No, a judge is not allowed to order you to sign a settlement that includes terms or provisions that you have not agreed to. A settlement agreement is a legally binding contract between parties, and it must be entered into voluntarily and with a full understanding of its terms and conditions.... View More

1 Answer | Asked in Family Law, Admiralty / Maritime and Arbitration / Mediation Law for Nevada on
Q: Can Nevada attorneys have a Order Incident to add certain payment amounts to a QDRO.

The defense added what I was to pay (my half) like the QDRO amount I owed, the Mediation amount owed was to be paid from my Money Purchase account. When it was written into the amended divorce decree I explained to my attorney and the defense attorney that the plan would not approve third party... View More

James L. Arrasmith
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answered on Mar 15, 2023

In Nevada, an attorney may be able to request an Order Incident to add certain payment amounts to a Qualified Domestic Relations Order (QDRO) if it is in compliance with applicable laws and regulations. The QDRO is a legal document that directs a retirement plan administrator to pay a portion of... View More

2 Answers | Asked in Criminal Law and Admiralty / Maritime for Arizona on
Q: ok soam se;f repotirt as person in guilt of trason to the united stats. can you hep me??
Tim Akpinar
Tim Akpinar
answered on Apr 4, 2023

Unless there's a vessel or other maritime connection, this may be something that a criminal defense attorney could advise on - one option is to reach out to attorneys to try to discuss in an initial phone consult. Good luck

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1 Answer | Asked in Admiralty / Maritime and Consumer Law for Tennessee on
Q: A cruise line said we owe them from a canceled 2020 cruise that never sailed. They said a double refund we never got it

Upon investigation the bank said we didn’t owe them anything and they saw one refund . I supplied a a letter from the bank and statements to show we got one refund . The cruise line accountant told us to wire the money or they will cancel our new cruise we have booked .trust me I checked and... View More

James L. Arrasmith
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answered on Mar 5, 2023

If you have evidence that you received the double refund that the cruise line is claiming you owe them, and you have provided this evidence to the cruise line's accounting department, but they are still threatening to cancel your new cruise unless you wire the money, it may be advisable to... View More

3 Answers | Asked in Admiralty / Maritime and Personal Injury for New York on
Q: If i get hurt on a cruise ship as a passenger should i have to pay the jones act fee???. I fell and i have doctor report
Tim Akpinar
Tim Akpinar
answered on Mar 3, 2023

I'm sorry about your accident. The Jones Act applies to crew members of vessels sailing under the U.S. flag. Passengers have different routes for pursuing claims. If you reached out to attorneys who handle cruise ship accidents, they should be able to advise what your next steps should be, if... View More

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2 Answers | Asked in Employment Law and Admiralty / Maritime for Oregon on
Q: I'm the manager of a company that deals with exporting seafood was given a raise and it was taken away without notice ?

A deal in commercial fishing and offloading of commercial vessels for export. I was given a substantial raise and was paid that raise through several months of the year and then it was taken away without notice. Is that legal?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 25, 2023

Depends on what you mean by notice. An employer can change any compensation, unless this was a union job. All they have to do is tell you beforehand (prospectively), and as in, hey Bob, starting tomorrow your pay is cut in half. If they do that, then it is legal. If that is the type of notice they... View More

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1 Answer | Asked in Admiralty / Maritime, Civil Rights, Libel & Slander and Wrongful Death for South Carolina on
Q: My grandfather disappeared at sea while abord the S.S. Robert Luckenbach owned by the U.S.S. Luckenbach company. Help?

It was 1951 after leaving Panama. The Captain wrote a letter questioning his mental health to N.Y. before notifying the family of his disappearance. Would I have a case against U.S.S. Luckenbach steamship company?

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2023

I'm sorry for the loss of your grandfather at sea. If there are any remedies available under South Carolina law, a local attorney would need to advise on those. But your question remains open for two weeks and you also posted under Admiralty/Maritime. Under U.S. maritime law, the Death on the... View More

1 Answer | Asked in Criminal Law, Personal Injury, Admiralty / Maritime and Civil Rights for California on
Q: Nov. 30. 2022 my brother and 14 other Bulldogs were set up by CDCr Gladiator Fights he was stabbed 3x & survived

CDCr never notified to this day his mom to inform her that her son was stabbed air lifted but survived the Gladiator Fights they set up. As soon as they got off the bus went through work exchange, the gates close, the bus drives away they get attacked by the whole prison full of Southerns. I sent... View More

William John Light
William John Light
answered on Dec 23, 2022

Talk to a civil rights attorney. You are out of your league trying to investigate this on your own.

Q: How do you make a document a court of record?
David Luther Woodward
David Luther Woodward
answered on Nov 13, 2022

What kind of document? Where is it from? What language is it in?

You can usually record a document that qualifies for recordation with the county clerk, in your instance the county clerk for Oklahoma County, which is downtown. The clerks are prevented by law from giving you any legal...
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