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Admiralty / Maritime Questions & Answers
1 Answer | Asked in Admiralty / Maritime for Arkansas on
Q: What is it that considereds a person with autism at 18 to be incapacitated?
Tim Akpinar
Tim Akpinar
answered on May 7, 2020

This doesn't really look like an Admiralty/Maritime law matter. It sounds like something involving a determination that could be made under any number of guidelines, whether incapacitated for purposes of health care law, a disability claim, enrollment for special education programs,... View More

2 Answers | Asked in Contracts, Criminal Law, Admiralty / Maritime and Federal Crimes for Virginia on
Q: How can I be put under a law that I wasn't charged or sentenced under

I was given a plea bargain in 2003 the law was changed in 2005 which is a harsher punishment

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2020

You can't.

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1 Answer | Asked in Admiralty / Maritime for Alabama on
Q: "(1) Vessels needed for use on a temporary basis" Using a small (<26ft) cuddy cabin boat once a month? Once a week?

According to the "3 Lakes Law" I cannot have a small <26ft cuddy cabin boat registered on Lake Martin, AL....but under sub section D it referenced the aforementioned exception.

If I intend for my vessels main ussage to be outside of the lake, but I happen to live here and... View More

Tim Akpinar
Tim Akpinar
answered on May 3, 2020

Your question would be best handled by an Alabama attorney familiar with state boating laws. But you await a response for two weeks. You will need to check with an Alabama attorney familiar with these boating laws or Alabama officials involved with the law. The law you mention is very region... View More

2 Answers | Asked in Immigration Law and Admiralty / Maritime on
Q: How much times does it take to approve i 130 petition from Pakistan?
Tim Akpinar
Tim Akpinar
answered on Apr 18, 2020

Were there admiralty/maritime elements to your question not mentioned here - you posted under Admiralty/Maritime, and in that area, commercial seafarers are being confined to vessels in many parts of the world due to the health crisis, with crew rotations and vessel disembarking being virtually... View More

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1 Answer | Asked in Employment Law, Admiralty / Maritime and Arbitration / Mediation Law for Hawaii on
Q: I have a situation with a union that requires me to fly out to another State to their medical facility for a physical.

If I don’t the Union will not “clear” me to work. Amid the Covid-19 outbreak I have asked if the Union has designated “local” areas in my Home State where we can complete annual physicals while reducing the risk of spreading or contracting COVID-19. Their answer was no, and that there... View More

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2020

The maritime unions are dealing with some extraordinary measures in light of this virus, particularly for vessels operating in the Pacific. There have been newly implemented measures involving restriction of crews to vessels, cessation of crew rotations, etc. Given the current atmosphere, unions... View More

1 Answer | Asked in Admiralty / Maritime for New Hampshire on
Q: Foreign boat transaction question

A US citizen living in Vermont owns a foreign company that holds a boat as an asset within the company. A US broker is contracted to sell the boat for a 10% commission. The broker is not responsive to offers and the Foreign company sells the boat to a US citizen after import to the US on its own.... View More

Tim Akpinar
Tim Akpinar
answered on Apr 5, 2020

It's difficult to say based on these facts alone. It could depend on the provisions of the brokerage agreement, communications between the parties, and other issues. Good luck

Tim Akpinar

Q: Ex parte snow I remember this case

$91,000,000.00

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2020

You posed under Admiralty/Maritime but there wasn't a maritime law question here. Good luck

Tim Akpinar

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2 Answers | Asked in Family Law and Admiralty / Maritime for Minnesota on
Q: can i get married at 18 outside of minesota if i live in minnesota ??
Tim Akpinar
Tim Akpinar
answered on Mar 22, 2020

Unless something was inadvertently left off in uploading, there wasn't an admiralty/maritime element here. If there was a maritime element, you could repost and include it. Good luck

Tim Akpinar

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2 Answers | Asked in Admiralty / Maritime, Banking and Tax Law for Texas on
Q: If a person is employed by a corporation and that person is then released from said corporation unethical

I was misinformed about my job duties, requirements, and compensation by my direct supervisor. When I attempted to gain clarity I was informed that I was being released due to the fact that I was on parole. This information was delivered verbally from company supervisor in corporation's... View More

David Ostrove
David Ostrove
answered on Mar 15, 2020

You are entitled to a fair and complete explanation. You may contact the state labour board and request a hearing. A local labour law attorney who handles employees' claims may be helpful to you. You should request a full explanation from your former employer IN WRITING. Ask for a complete... View More

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1 Answer | Asked in Admiralty / Maritime for Arizona on
Q: If someone changes amount on a personal check is it a crime. Amount 100. Thanks.....
Tim Akpinar
Tim Akpinar
answered on Mar 14, 2020

It would hinge on the state of mind with which they did it. If done as an innocent clerical error where a person catches themselves about to enter an incorrect amount, that is understandable. If done with the intent to deceive or defraud, it could be a crime. This might be explained by an attorney... View More

3 Answers | Asked in Criminal Law, Personal Injury, Admiralty / Maritime and Civil Litigation for California on
Q: 18USC2261a

Wondering what is meant by intent?

Stanley Dale Radtke
Stanley Dale Radtke
answered on Mar 2, 2020

Here is the United States Code section in question:

18 U.S. Code § 2261.Interstate domestic violence

(a)Offenses.—

(1)Travel or conduct of offender.—

A person who travels in interstate or foreign commerce or enters or leaves Indian country or is present within...
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Q: How Are you sir or madam?

Do you fully accept your curent life situation?

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2020

Something may have gotten left off your question when you posted. You could try uploading again if there were additional elements to your question. Good luck

Tim Akpinar

Q: Can a federal law enforcement officer swear to the personal knowledge and observations of another lawenforcement officer

Meaning would this be in violation of the federal rules of evidence rule 803 (8)(c)? Note that I'm speaking of a written affidavit as the basis for probable cause to file a complaint in a district court for purposes of a later INDICTMENT. Is this legal?

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2020

If this did not involve a marine incident resulting in vessel boarding by U.S. Coast Guard and Department of Justice personnel following a grounding, cargo spill, fuel oil spill, allision, injury, or other marine casualty requiring completion of a form CG-2692 for incident reporting or drug testing... View More

1 Answer | Asked in Admiralty / Maritime and Tax Law for Georgia on
Q: If I live in GA but work on a cruise ship overseas 8 months of the year, can I claim part-year resident?
Tim Akpinar
Tim Akpinar
answered on Feb 17, 2020

One option might be to look into the Q & A resources or online help resources of the IRS or Georgia Dept. of Revenue - they might be able to provide direction. Good luck

Tim Akpinar

Q: I was falsely accused of stealing and at a superstore. Can I sue for defamation? See details below.

I was brought back to the store in cuffs and questioned. I denied and showed them the reciept of the item I bought, and they brought up the footage of me paying at the cash register after I told them what register I checked out at. I was embarrassed and humiliated. They then trespassed me from the... View More

Tim Akpinar
Tim Akpinar
answered on Feb 12, 2020

I'm sorry for your ordeal. You could consult with an attorney in confidence regarding your civil remedies because they could be multiple here. Doing this without delay could be valuable to you in terms of preserving video footage before it is rerecorded over or lost. Many attorneys would... View More

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3 Answers | Asked in Admiralty / Maritime on
Q: información sobre el caso, olga de león v. shih wei navigation

No tengo pacer, y necesito información sobre el caso olga de león v. shih wei navigation

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2020

If I understood your message correctly, I believe you do not have Pacer and you need information about the case De León v. Shih Wei Navigation. I'm sorry if I didn't get it right. But if I am right, that case is posted here on Justia. Try putting this link into your computer:... View More

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2 Answers | Asked in Contracts, Criminal Law, Admiralty / Maritime and Civil Rights for California on
Q: Hello, my legal person name is Asher. I am a paralegal myself, withholding 34 years of experience. I have a question

A man who was previously convicted in his first and last name in a state other than where he resided, had an established residency the state of California where his married spousal successfully changed his name to something other than what he was convicted as then triumphed himself out of the... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 29, 2020

MUCH MORE INFO NEEDED.

IT'S LIKE ASKING A DOC WHY DO I HAVE CANCER?

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3 Answers | Asked in Personal Injury and Admiralty / Maritime for California on
Q: can a co-owner of a boat be liable to another co-owner of a boat after one sustains an injury?
Tom Evans
Tom Evans
answered on Jan 28, 2020

Yes. But it depends on the circumstances. Both the nature of the agreement for co ownership and the circumstances regarding the injury may lead to liability of the uninvolved co owner. First if the co ownership is by written agreement carefully review that agreement. Second and assuming this... View More

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2 Answers | Asked in Admiralty / Maritime and Tax Law for Georgia on
Q: I’m a resident of GA but work on a cruise ship full time (8 months of the year). Do I need to pay GA taxes?

They automatically take out federal taxes but since it’s office is based in Miami, they don’t take out any income tax.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 28, 2020

Yes, your resident state will tax all your income worldwide.

Obviously you can still take foreign exclusionary or credits as allowed, but you will need to file a GA return and calculate tax owed.

I would contact HR and find out why tax is not being taken out and sent to GA....
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2 Answers | Asked in Admiralty / Maritime and Constitutional Law for Nevada on
Q: How are you able to confirm a court is operating under Maritime Law(dry dock) and not Constitutional?

I understand the fringe on the flag, how to confirm it w presiding "judge" while present in court is my goal.

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2020

A court does not operate under maritime law, as opposed to other types of law. It operates under state rules of civil procedure, or the Federal Rules of Civil Procedure that ordinarily govern maritime cases filed in federal court. Maritime law can be the basis of the SUBSTANTIVE law issues in a... View More

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