LegalwriterOne

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LegalwriterOne last won the day on February 25

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  1. You are having an employee ship things to purchasers--that's transacting business. Paying him/her to do that is transacting business. "Transacting business" is DOING business.
  2. The children's father can go back to court and seek a change in the visitation order. As long it is in place, he is obligated to send the kids to visit per the order whether they want to go or not.
  3. Contrary to scooterbum's suggestion, you cannot form a common law marriage in CA. There are several options available. 1) you can purchase a License and Certificate of Declaration of Marriage from the county clerk in the your county of residence since it's been longer than a year fom the date of the marriage and then return it to the county recorder of the county where the license was issued. The license and certificate shall be returned to the county recorder of the county in which the license was issued.2) You can do is just proceed with the divorce as is or 3) if you elect to proceed and he contests the validity of the marriage, you can assert status as a putative spouse since you obviously believed you were validly married. Given such a long-term marriage, just walking away carries important ramifications. As a long term marriage, you may be entitled to spousal support, you are entitled to a share of his retirement and 1/2 the value of your home as well as the community property. Depending on your age, you might also be entitled to collect social security under his earnings. I'd suggest you speak with a local family law attorney.
  4. Whatever time they were sentenced to minus whatever credits they get.
  5. Okay, since a little time this morning, I looked up the code section so there should be no question that you still owe the restitution. Probation officers are not lawyere and the one you spoke to was flat out wrong. 18 USC 3664 subsection (o) (o) A sentence that imposes an order of restitution is a final judgment notwithstanding the fact that— (1) such a sentence can subsequently be— (A) corrected under Rule 35 of the Federal Rules of Criminal Procedure and section 3742 of chapter 235 of this title; (B) appealed and modified under section 3742; (C) amended under subsection (d)(5); or (D) adjusted under section 3664(k), 3572, or 3613A; or (2) the defendant may be resentenced under section 3565 or 3614. Section 3565 deals with a violation of probation. Restitution to a victim is owed until it's paid in full, period.
  6. Since you didn't identify a state, no one can even verify that your assumption that you can sue in your state is even accurate....
  7. You can pay for Pacer access to get info on your case or you can contact your attorney. Someone running a half-way house is not a person "in the know." Restitution is part of the sentence imposed, not just a term of probation that terminates when probation is completed. It remains owed until paid.
  8. This is a public message board where posters provide general information. It's not a law firm and no attorneys on these board will contact you. If you need assistance, contact the LA County Bar Association for a referral or you can use the find a lawyer feature on this site.
  9. Unless the court specifically terminated the order for restitution, it remains a valid order and you owe it. The government will continue to collect until it's paid in full.
  10. A PD would do post-trial/pre-sentencing motions and would handle the sentencing itself. If the client wants to appeal, that happens after the sentence is pronounced and the PD should file the notice of appeal along with a request for the appointment of appellate counsel.
  11. Yes. You have control over two things--1) whether you plead or go to trial and 2) if you go to trial, it's you decision whether you testify or not. Everything else is the attorney's responsibility and it's their call.
  12. There is a waiver process but whether it continues under the current administration is anyone's guess. You will need to consult an immigration attorney for assistance.
  13. While child support in NY goes to age 21, your son, at 19, is a legal adult and who he visits and when is entirely his choice.
  14. According to the GA department of labor: " Neither the Fair Labor Standards Act (FLSA) nor Georgia law require breaks or meal periods be given to workers. However, many employers do provide breaks and meal periods. Breaks of short duration (from 5 to 20 minutes) are common. The FLSA requires workers be paid for short break periods; however an employer does not have to compensate for meal periods of thirty minutes or more, as long as the workers are free to use the meal period time as they wish and are not required to perform work during that time." https://dol.georgia.gov/breaks-and-meals Under federal law, if it's a bona fide meal time, you should be relieved of work during that period and if you are working, it's not a meal break and you should be paid. See CFR 29 section785.19 https://www.dol.gov/whd/regs/compliance/wh1312.pdf Your main problem will be that the GA department of labor does not handle wage disputes. You have to go to the federal DOL for assistance.
  15. The children are the subject of the custody/visitation order, not a party to it. The court may consider their wishes but it is not obligated to.