District of Columbia Questions & Answers by Practice Area
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District of Columbia Questions & Answers
Q: Should I make an LLC and get paid through that, or just receive a W-2 like every other employee?
1 Answer
| Asked
in
Business Law and Employment Law
for
District of Columbia
on
Answered on Oct 22, 2018
Answered on Oct 22, 2018
Andrellos Mitchell's answer
It sounds like a dumb idea. You are taxed as a sole proprietor, which for tax purposes means you are taxed as an individual. The LLC is more about putting a veil between you and the company to protect your assets in the event the company is sued.
It sounds like a dumb idea. You are taxed as a sole proprietor, which for tax purposes means you are taxed as an individual. The LLC is more about putting a veil between you and the company to protect your assets in the event the company is sued.
Q: Is there a bike helmet rule in DC? I hit a person, but they weren't wearing a helmet.
Mark Oakley's answer
Not wearing a helmet will not absolve a person from liability for their negligence for hitting that person, nor will it be allowed to be used as an argument to limit the biker’s injuries and right to recover. Same rule applies to not wearing a seat belt. As a safety requirement, the legislative enactment was intended to promote safety, not restrict or limit the right of an injured party to recover damages against a negligent party.
Not wearing a helmet will not absolve a person from liability for their negligence for hitting that person, nor will it be allowed to be used as an argument to limit the biker’s injuries and right to recover. Same rule applies to not wearing a seat belt. As a safety requirement, the legislative enactment was intended to promote safety, not restrict or limit the right of an injured party to recover damages against a negligent party.
Q: I'm trying to find the law which creates dllr police
Mark Oakley's answer
Are you referring to the Department of Labor, Licensing and Regulation? It’s an administrative agency, established by legislative enactment, and given authority to promulgate regulations to carry out its legislative mandate. Agency regulations appear in a separate repository than the statutory code. Most agencies post links to both their statutory authority and to their regulations on their website. They typically do not have their own police department, but sometimes they do, and that would...
Are you referring to the Department of Labor, Licensing and Regulation? It’s an administrative agency, established by legislative enactment, and given authority to promulgate regulations to carry out its legislative mandate. Agency regulations appear in a separate repository than the statutory code. Most agencies post links to both their statutory authority and to their regulations on their website. They typically do not have their own police department, but sometimes they do, and that would...
Q: Once a divorce is filed and settled are they public record for people to search and see in Maryland Case Search?
Mark Oakley's answer
Yes. They can review the docket online, and they can go the the courthouse to look at the court file, review whatever has been filed, and make copies. If you signed and filed a separation and property settlement agreement as part of the divorce, you should ask your lawyer to have that document removed from the public file and sealed. Those agreements often contain highly sensitive financial and personal data that courts will place out of the public eye. The rest of the case file is public...
Yes. They can review the docket online, and they can go the the courthouse to look at the court file, review whatever has been filed, and make copies. If you signed and filed a separation and property settlement agreement as part of the divorce, you should ask your lawyer to have that document removed from the public file and sealed. Those agreements often contain highly sensitive financial and personal data that courts will place out of the public eye. The rest of the case file is public...
Q: Freedom Debt Relief can't add AAFES. Is it possible to stay w/FDR but file bankruptcy for only AAFES?
Timothy Denison's answer
You will have to list all your debts and creditors if you file bankruptcy, whether it is a 7 or 13. You may want to consider 13 if you have assets to preserve or 7 if you don’t, but you must list all your debts and creditors in your petition.
You will have to list all your debts and creditors if you file bankruptcy, whether it is a 7 or 13. You may want to consider 13 if you have assets to preserve or 7 if you don’t, but you must list all your debts and creditors in your petition.
Q: Is a cyclist totally at fault if they didn't stop at a stop sign so when I went through I hit him?
Timothy Fizer's answer
You have not provided sufficient details about the accident to prompt a reliable answer. There is no doubt, however, that you should report the incident to your insurance company, in the event the bicyclist decides to make a claim against you for any injuries he sustained.
You have not provided sufficient details about the accident to prompt a reliable answer. There is no doubt, however, that you should report the incident to your insurance company, in the event the bicyclist decides to make a claim against you for any injuries he sustained.
Q: I was hit in the District, but live in Virginia -- which laws apply?
John Mesirow's answer
DC law applies to the accident. If you were injured, you should contact a personal injury lawyer immediately. There are some things that, if not done soon after the accident, may hurt your case. For example, you want to get pictures of any property damage (e.g. car, bicycle) before it is repaired, and any visible injuries (before they heal). It is also important to get witness statements now, while their whereabouts are known, and the memories are fresh. This is not an exhaustive list. Good...
DC law applies to the accident. If you were injured, you should contact a personal injury lawyer immediately. There are some things that, if not done soon after the accident, may hurt your case. For example, you want to get pictures of any property damage (e.g. car, bicycle) before it is repaired, and any visible injuries (before they heal). It is also important to get witness statements now, while their whereabouts are known, and the memories are fresh. This is not an exhaustive list. Good...
Q: Will a law firm be able to help a pro se inventor respond to a notice to file corrected application papers?
T. J. Jesky's answer
It depends on the law firm. First, you need to find a law firm that handles patents. Second, you need to call the law firm and ask if they can help you file corrected application papers. I have a feeling that most Patent Attorneys can help you with this project.
It depends on the law firm. First, you need to find a law firm that handles patents. Second, you need to call the law firm and ask if they can help you file corrected application papers. I have a feeling that most Patent Attorneys can help you with this project.
Q: If a product is recalled, is the company required to come pick it up?
Timothy Fizer's answer
You have not provided sufficient information to be able to answer this question, because there are too many variables.
You have not provided sufficient information to be able to answer this question, because there are too many variables.
Q: So what exactly is wire fraud?
Timur Akpinar's answer
If you’re asking as a general matter, wire fraud is a crime defined by federal law in 18 U.S.C. 1343, where the elements are that a defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money, and that she or he did so with the intent to defraud, and that it was reasonably foreseeable that interstate wire communications would be used, and that interstate wire communications were in fact used. If you’re asking because of a specific matter that...
If you’re asking as a general matter, wire fraud is a crime defined by federal law in 18 U.S.C. 1343, where the elements are that a defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money, and that she or he did so with the intent to defraud, and that it was reasonably foreseeable that interstate wire communications would be used, and that interstate wire communications were in fact used. If you’re asking because of a specific matter that...
Q: How long does it take to adjust status to get a green card in washington D.C. after entering with a k1 visa? Thanks!
Hector E. Quiroga's answer
According to the USCIS website, it is taking between 11 and 20 months to process cases that are to be adjudicated in the Washington, DC field office.
According to the USCIS website, it is taking between 11 and 20 months to process cases that are to be adjudicated in the Washington, DC field office.
Q: i would like to know if im married to a person not from this country i want to get a divorce
Andrellos Mitchell's answer
If you married a person by traditional marriage or common law marriage in D.C., then you can get a divorce from that person.
If you married a person by traditional marriage or common law marriage in D.C., then you can get a divorce from that person.
Q: Going abroad with a green card approval letter.
Hector E. Quiroga's answer
It could be risky. Consider making an InfoPass appointment and going to your local USCIS office to ask for temporary evidence of permanent residence.
It could be risky. Consider making an InfoPass appointment and going to your local USCIS office to ask for temporary evidence of permanent residence.
Q: I am a biker who collided with a car parked closer then required 30ft to an intersection. Who is liable for the incident
John Mesirow's answer
Fortunately, the law in DC for collisions like this changed in 2016. Before that time, if you were even 1% at fault (and therefore "contributed" to the collision), you were barred from recovering anything. Now, per the statute below, that defense (contributory negligence) cannot be asserted if you were less negligent than the defendant(s).
More information is needed to express an informed opinion as to the strength of your claim. Consult a DC personal injury lawyer to discuss the facts...
Fortunately, the law in DC for collisions like this changed in 2016. Before that time, if you were even 1% at fault (and therefore "contributed" to the collision), you were barred from recovering anything. Now, per the statute below, that defense (contributory negligence) cannot be asserted if you were less negligent than the defendant(s).
More information is needed to express an informed opinion as to the strength of your claim. Consult a DC personal injury lawyer to discuss the facts...
Q: Is it legal for our government to give billions of American taxpayers dollars to an illegally nuclear armed country.
1 Answer
| Asked
in
Gov & Administrative Law, Constitutional Law and Federal Crimes
for
District of Columbia
on
Answered on Aug 30, 2018
Answered on Aug 30, 2018
Andrellos Mitchell's answer
The U.S. Government has been giving Isreal Billions of dollars in foreign aid for many years and getting little in return...so apparently it is legal.
The U.S. Government has been giving Isreal Billions of dollars in foreign aid for many years and getting little in return...so apparently it is legal.
Q: Can a probate lawyer hire another attorney without consulting heirs or obtaining heirs consent?
Richard Sternberg's answer
At least in DC, decisions about administration of the estate are made by the personal representative, subject to motions filed by any interested party. Only when the lawyer is also the PR would the lawyer make that decision. It is, however, not unusual for a lawyer who limits practice to probate to retain a litigator if there is probate litigation. If I’m doubt, get an independent consult.
At least in DC, decisions about administration of the estate are made by the personal representative, subject to motions filed by any interested party. Only when the lawyer is also the PR would the lawyer make that decision. It is, however, not unusual for a lawyer who limits practice to probate to retain a litigator if there is probate litigation. If I’m doubt, get an independent consult.
Q: My daddy left a will to his wife, myself and my brother. My stepmother had a letter written and notarized before death.
Richard Sternberg's answer
What a perfect example of the old adage “Pay me now or pay me (much more) later.” A revision of the Will would have cost a few hundred. An estate plan that effectively cut spousal rights to the legal minimum would have cost a few thousand. I could argue either side of that one, and that litigation could cost tens to hundreds of thousands. I think the case is winnable on each side. With equal representation, the odds should be on invalidating the waiver, but I could build a case that the...
What a perfect example of the old adage “Pay me now or pay me (much more) later.” A revision of the Will would have cost a few hundred. An estate plan that effectively cut spousal rights to the legal minimum would have cost a few thousand. I could argue either side of that one, and that litigation could cost tens to hundreds of thousands. I think the case is winnable on each side. With equal representation, the odds should be on invalidating the waiver, but I could build a case that the...
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