Hanover Law is dedicated to providing the DC area with high quality, affordable legal help- Family, criminal, immigration, tax and business law. Additionally, we understand how these areas of laws intersect, ensuring you get the best outcome when faced with a variety of legal issues.
Our law firm practices in Washington D.C., Virginia, and Maryland. If you need a lawyer, give us a call- your first phone consultation will be free. We want to ensure that everyone can afford a good attorney.
See What People Are Saying
- Man with 9 prior DUI's serves only 2 weeks in jail before being released on DUI charge.
We have the individual enrolled in a medical program — alcoholism is a disease and it needs treatment, not jail. We were able to bring an expert to show support was better the jail-time, and the client was on pre-release from the jail within two weeks of sentencing. Back home and under the supervised care […]Read More »
- Family child support case results in Dad's child support terminated.
Dad asked for our help to stop child support for his aged-out children. The problem was that he had significant arrears still due. We stopped the child support and setup a payment plan at a minimal amount that allowed Dad to remain in compliance, and no contempt.Read More »
- Two and a half year old indictment dropped to simple DUI!
Client was charged with multiple DUI’s, resisting arrest, disorderly conduct, damage to propery, fleeing after an accident and failure to appear. All dropped to a single, non-enhanced DWI charge. Montgomery County, Maryland.Read More »
- Smashing victory on multi-count indictment!
So what does happen if you receive a second DUI after the first DUI was for serious property damage and injury to another? Nothing good! Our client was facing thirteen counts in an indictment set for trial in November. All charges but one simple DWI dropped. Argued at sentencing that there should be no jail […]Read More »
- EEO Case on cusp of settlement -- we convinced the Agency to stop before it started!
Our client was sexually harassed, and then retaliated against when she complained. A manager, Ms. Lockley [not her real name] was demoted and then given a bad review. We helped draft the complaint, and continue to guide her through the process. When you know the law, and you know the facts, you win cases.Read More »
- Another protective order victory gives mom back her home.
After a grueling ordeal of her and her child living in her car for seven days, we successfully defeated a protective order hearing in Glen Burnie, Maryland. Sometimes, doing the right thing means fighting for those with no voice at all.Read More »
- Attempts to trap Client Fail -- Protective Order dropped!
Joey Tutone, our newest addition at Hanover Law, forced a smashing victory when a case involving multiple children and alleged abuse was dropped in full by the alleging parent. This was done after evidence was presented that made continuing the case “pointless.” Mr. Tutone will now pursue divorce and custody action on behalf of our […]Read More »
- After a multi-year fight, Hanover Law client wins green-card!
The current Administration in the Whitehouse has caused serious problems for LPR applicants. This customer came to us several years ago, and despite the new Administration, our appeal and “fight” resulted in success!Read More »
- Is a Child’s Opinion Considered in The Determination of Child Custody?
Is a Child’s Opinion Considered in The Determination of Child Custody? During a divorce, determining which parent the child will live with as well as the visitation rights of the non-custodial parent is an emotional and potentially contentious time. While child custody involves a number of factors, parents often ask if their child’s opinion is […]Read More »
- Immigrating to the US: Green Card vs. US Citizenship
Immigrating to the US: Green Card vs. US Citizenship Are you planning to visit and immigrate to the US anytime soon? You are not alone because a lot of people consider moving to the US is a solution to finding their success in life. Yes, moving to another country can be sometimes difficult and confusing. […]Read More »
- So your employee wants to sue you over wages...
Hanover Law was contacted by a local business owner who was suffering from an FLSA problem. I share this hear, as it may be helpful to others suffering from the same issue. I am a deli owner and one of my employee sued me for minimum wage and overtime. She wants us to pay over […]Read More »
- Competency to stand trial - criminal law
I recently answered a question posted by a fellow attorney on the criminal defense chat boards. I’ll share the discussion here: Question: I have an initial appearance for a client in Ohio state court charged with rape of a four month old. He has been adjudged an Incompetent Adult and is under guardianship. My questions […]Read More »
- DUI, Drugs, and travel outside the US (immigration) -- what the heck!?
The Trump Administration has nothing on anti-immigrant sentiment from the lat 19th century. Mr. William Windom was Treasury secretary at the end of the 19th century. In the 1880’s, he proposed making Ellis Island a holding location for European immigrants. It was not popular, for among other reaons, the problems they brought and the jobs […]Read More »
- Exception to Discharge -- attacking bankruptcy filings in Federal Court
I was recently asked to discuss how the heck you could challenge a person filing for bankruptcy. The most obvious answer is by showing they are hiding money. Nail them with that, and it’s “game over.” However, often, that is not so easily proven, nor necessarily the case. There are so many warrens in bankruptcy […]Read More »
- Analyzing Prior Removal Orders -- or are they? (immigration law)
A fellow practitioner asked a question regarding deportation and future relief. I thought the topic was worth discussing here. Client came to me because he had received a notice to appear (NTA). Initially, I was pleasantly surprised, base on his equities. He had been in the US since 2002, no criminal record, 4 USC children, […]Read More »
- FLSA an WAGE/HOUR laws -- what if the check got lost?
From https://timewellspent.kronos.com/2016/10/31/flsa-compliance/ This is a common question for small businesses. I recently commented on a nation law board concerning this, and I think the question/answer is worth sharing. QUESTION: I have an employee that I let go for bad performance. Her pay was mailed to her via USPS money order a few weeks ago. She contacted […]Read More »
- How to attack an ICE detainer -- a discussion
From a recent question by a fellow practioner — worth sharing! FACTS Client given a 30 sentence in county jail with a 5 consecutive days at beginning and 13 weekends thereafter as per the County Judge’s Order. TWO days before his released Martin County Fla Jail notified ICE (they have a detainer agreement) of the […]Read More »
- Check writing, Forgery, Uttering and what comes next (criminal law)
Recently, a question was asked on a law bulletin board regarding criminal culpability. While I answered the question on the Board, I think the question is a good one to share, given the frequency of client requests that are very similar. I used my deceased father’s old checks when trying to purchase something at the […]Read More »
- Appealing a visa denial from a consulate or embassy
Recently, a colleague of mine asked for help with a non-immigrant visa that was denied at the consulate in Islamabad. Now, I have written in the past about B1/B2 denials, and how to overcome them. If you need help with that, give me a ring or email us. But what about other types of visas? […]Read More »
- New Provisional Waiver -- I-601A. Key for EWI I-30 Processing
The long awaited issuance of the state-side 601A waiver is over! The new regulations go into effect 04 March 2013. This is great news to many individuals waiting for 601 waivers in order to proceed with their I-130/I-485 processing packages. History Perhaps a brief explanation is order for the rest of us! Many immigrant family […]Read More »
- Does your client have a right to see the evidence against him? (Criminal)
Part of the job of a good defense attorney is to fight. Not random gestures aimed at demons and ghosts, but rather concerted efforts to prevent our clients from being trampled by the well intentioned bootheels of the prosecutorial beasties. A recent example of this bears sharing, as others may be faced with the same […]Read More »
- The difference between "credible fear" and "reasonable fear" interviews by ICE/DHS
From time to time we run into this question — what is the difference between there two types of interviews? A recent question asked on an immigration board, to which we belong, is typical: I have a detained client who received a positive reasonable fear determination. I checked the law, and I cannot find anything […]Read More »
- Drug use and the I-485
I had a chance to help a fellow practitioner the other day, and I thought I would share his question so others might benefit, too! You do a ton of litigation, and I also know you are helpful to newer practitioners. I’m a newer practitioner, so I hope you don’t mind me asking a question […]Read More »
- FLSA law suits - settlements that get approved
We recently handled an FLSA (Fair Labor Standards Act) lawsuit in the Eastern District of Virginia (VA Federal Court). After a bit of back and forth, we agreed on a settlement. I wanted to post a couple of pointers on how to handle FLSA settlement actions, as they are not the same as traditional civil […]Read More »
- When is a signature on a contract non-binding?
It is not often we get to deal with antiquity in law — so this was a great question recently posted on a legal bulletin board. I signed up for a loyalty program. I then switched to another product not in the program. The loyalty company sent a letter and bill for 30,000 to “complete […]Read More »
- Matter of Avetisyan and Immigration Court Case Control
A seasoned immigration attorney, Ms. Alison Yew, started a discussion regarding tactics in immigration court. I responded to her question, and thought the answer could be useful to other practitioners and individuals working on immigration cases. Matter of Avetisyan is a case relating to the judge’s discretion to admin close a matter over DHS’s objections. […]Read More »
- How to file a 212H waiver in immigration court
Alright, this is a short and dirty posting today. I was doing research online, and noticed that there is a dearth of “how to” guides on 212(h) waivers. The 212(h) waiver is valid for LPR’s who originally adjusted their status while in the US. Although 212(h) was designed for first time applicants, it is most […]Read More »
- Asking for forgiveness from the IRS -- Form 843
With tax season rolling around, we’ve received numerous questions regarding how to avoid paying penalties. Usually, we ask that clients come to us before the IRS wants to nail them, however, when you’ve made a boo-boo, or there is a mistake that needs correcting (or you just got caught cheating), sometimes the right answer can […]Read More »
- How to resolve an outstanding arrest warrant
Today’s post is rather short. A question that we often run into in criminal law deals with warrants. This recent question on a law bulletin board we participate on is typical: I have a parole violation warrant an would like to know how I should turn myself in. How do I do this? Great question! […]Read More »
- What the HECK!? A story of co-worker harassment gone wild
What happens when you work with a person that goes off the rails? Do you have to put up with it? Listen to this recent story posted on a law bulletin board we monitor: I have learned that several people in my office are extremely concerned about the erratic behavior of a colleague and no […]Read More »
- BDSM and public lewdness in front of children. WHAT!?
Every once in awhile, we get a wing-dinger of a question. This rates right of up there! However, it does bring into question what constitutes free speech, and what constitutes lewd conduct. The question: Let’s say that you are into the BDSM scene. This fetish involves you engaging in spit play, where as a submissive […]Read More »
- I want to get money from my abuser -- can I make him pay if I get a protective order against him?
We don’t usually get questions about prosecuting domestic abuse issues — most people hire us to defend them against accusations! However, I did receive a question recently from a potential client who wanted to know more about what could be awarded at a DC (or Federal) protective order hearing. So I thought I would share […]Read More »
- Getting an Arrest Warrant dismissed - how to quash
The errors in my warrant of arrest are that they put the wrong address and phone number for me, so I was never contacted or interrogated in regards to the charge. I was actually filing charges against my ex, when someone at the police station told me about the charge 8 months after the alleged […]Read More »
- How to release an immigrant from detention if the underlying case is dropped
A bit of a mouthful for this blog title — but it is a surprisingly common topic. What steps do you follow if the case is terminated in Immigration Court, but the client is still detained. This usually happens when there is a joint motion to close (terminate) proceedings, but the Court has not yet […]Read More »
- Driving under the influence of drugs - immigration consequences
What happens if you are convicted of a DUI (driving under the influence) based on drugs. An interesting discussion. If you have digested a drug, are you in possession of that drug for immigration purposes? Steve presented the following scenario on Friday: A client of ours, pled to that DUI (Xanax) in Arlington. He’s been […]Read More »
- Petty drug exception - admissions vs. deportability. NOT THE SAME
Here’s the scenario: Steve was working with a client in VA state court. He asked for advice on the immigiration consequence. He said: There was a client of mine who was charged with Possession with Intent to Distribute (Marijuana) in Fairfax. We got the charge amended to straight Possession and plead guilty. He did a […]Read More »
- How do I expunge a conviction in Washington, DC?
A great question was asked of a potential client today, and I thought I would share the answer: I have been convicted in Washington, DC of violating a Temporary Protection Order. I am currently appealing this. If I loose this on appeal, can after this process I have this conviction sealed or and expunged? In […]Read More »
- Can my family hire me as an immigrant in the United States?
So I was in the office today, and received an email requesting assistance with the following question: I would like details about a green card. I have family who are citizens here. They own a business, can they sponsor me for a green card? I am in the US now. I thought I would share […]Read More »
- Can my employer fire me for being away on jury duty?
We answered a question about jury duty, and I thought it might be helpful for others: Must an employer pay the salary of employee who lives in DC, and is required to serve on a jury at DC Superior Court, even if they work in Maryland or Virginia? In regards to your question about whether […]Read More »
- When you are accused of hitting your child -- assault on a family member.
When does hitting your child (intentionally or unintentionally) lead to legal problems? A question was asked on a legal bulletin board yesterday, and we responded with an explanation of DC law. This information is worth sharing on the blog, as it is a topic that has seen an upswing in recent months. If a child […]Read More »
- Naturalization and Crimes Involving Moral Turpitude
I was recently given the following fact pattern, and asked about what, if any effect, it would have on naturalization. This is a good question, and it illustrates the limits of petty exception rule quite well: Dear Sean: I have a potential client who has a conviction for Theft. He pled guilty and got 1 […]Read More »
- Evidence and opening statements in Immigration Court
A colleague asked me about the rules of court, regarding evidence in immigration proceedings. I thought I would share the answer here: I have a CAT only IH coming up. I want to introduce a news article that I feel is relevant. Can I refer to the article in my opening statement? Sure you can! […]Read More »
- Criminal Past? How to handle it when sponsoring someone for immigration benefits.
What happens when you have a criminal past, but want to bring your family into the United States? That of course, depends on the crime. Conviction of a crime against minors is a particularly serious form of criminal past that present a serious bar to immigration in the US. I recently answered a question about […]Read More »
- Someone threatens to show your nude pictures...what do you do?
A great question was asked about how to handle a threatening letter involving pictures. I answered the question, and thought I would share the results here. The question was: if I find naked pictures of me in an envelope and an anonymous note threatening to show these to my boss what can I do? Absolutely […]Read More »
- When is a DUI an aggravated felony? When it involves a child.
I subscribe to an immigration lawyer group, and a great question was asked about DUI’s. I thought I would share this. The question dealt with whether a DUI was a CIMT. Oh, and the person was also convicted of child endangerment. My answer follows: I’m not a CA attorney, of course, but in terms of […]Read More »
- DOD Security Clearance -- or EEO Violation? What happens when you are denied a job because you don't get a clearance?
A potential client contacted us with a very frustrating problem. He was a retired disabled veteran looking to get a federal job. He received an offer letter, but could not be placed until his clearance came through. His clearance ended up being lost in “limbo” and the job offer was revoked. He was angry and […]Read More »
- How to address a false US Passport
I had a colleague send me a question recently, and it is worth posting the an analysis of the problem: Facts: Client is an adoptive child of a US citizen. A travel situation came up where she needed a US passport. We sent her to the passport office and filed an N600. She was denied […]Read More »
- Can you get a jury trial on a VA misdemeanor?
From a Comment Board I am a member of: Do I have the right for a jury trail for a class 1 misdemeanor in Virginia? Also, what legal process can I do when some one comments perjury to get me arrested? Great questions! VA has a two step judicial system for misdemeanors. The first step […]Read More »
- Appeals -- summary judgment and evidence
When considering a summary judgment, the standard for review at the appeals level is “de novo” — this is well established. However, what, if any, restrictions exist as to what evidence may be presented outside of what was originally show to the lower court. How “de novo” is de novo. It is worth a brief […]Read More »
- Notario Fraud - a discussion on what to do (this one is different!)
In the immigration community, you commonly hear about Notario’s scamming innocent immigrants in the US. Often, the Notario is a not trained in law at all, and for a large sum of money, files the wrong papers and causes no end of trouble for the immigrant. Of course, this is not always the case. Some […]Read More »
- ETHICS: When you need to let a client go...
A great question was asked about requirements of an attorney to maintain a client who was misbehaving. I responded as follows: I have a current client who submitted an EAD application, against my explicit advice, through the help of his sponsor. Client was released on bond and is relying on the sponsor who is a […]Read More »
- Garnishment: Federal Pay and Child Support (or garnishment issues)
This may be helpful for individuals working on child support cases, or answering/challenging a demand for payment or garnishment pursuant to a valid judgment. In both situations, when considering Federal income such as SSI, military pay, retirement, federal pensions, contract payments or other income with its ultimate genesis in the Federal Government, the following chart […]Read More »
- Can you renounce foreign citizenship to avoid deportation?
No. Although, it would be interesting to see if you renounced your citizenship at your home embassy and then were placed in removal proceedings, what effect that would have. Most likely, the government would determine your renunciation was not effective and send you home. It would be an interesting case. Renunciation of citizenship must be […]Read More »
- Lessons from the Criminal Bar -- making up a sentence and crafting probation
A couple of hard learned lessons from criminal court in DC. Certain criminal activity doesn’t have a sentence associated with it. When that happens, go for misdemeanor 180/$1000. This is especially true for inchoate crimes (attempt, conspiracy, etc.). Crimes that stem from the same event should always be argued as concurrent sentences. Remember the rule […]Read More »
- Rule 68 and how to stop petty copyright cases
I belong to the Electronic Frontier Foundation (EFF). This great organization focuses on helping “little people” who find themselves at the butt end of a nasty lawsuit due to first amendment or copyright problems. You can find them at www.eff.org. Now, I should note that not every “little guy” is innocent, and sometimes, a copyright […]Read More »
- Immigration: Motion to Reopen and 42B
Shockingly, sometimes things go poorly for immigrants in court. I was recently given a fact pattern and asked what assistance could be done. * PC was admitted on 6/22/05 under H-2A through 12/1/05; he never left * In 2010, when PC was 25 years old, his USC father recognized paternity and legitimated him in PC’s […]Read More »
- Criminal Consequence for Immigration -- a snapshot
I recently had a great discussion with a colleague of mine regarding criminal/immigration consequences. I thought I would post the distilled form of the discussion here. By the way, if you need a great immigration attorney in New Jersey, be sure to contact Ms. Yolanda Navarrete, Esq. at 973-984-0800. The conversation began with a question […]Read More »
- Appealing Jury Verdicts -- the standards and the risks
It is worth noting the standard of review for jury trial verdicts in most appeals courts. The following is from the DC Court of Appeals, but most states follow a similar position: when the jury decides an issue of fact, the appeals court cannot change it unless there is absolutely no evidence to support the […]Read More »
- NAFTA TN Visas for Canadians and Mexicans
Interesting question that I don’t usually field. A fella asked about TN visas in a legal request board. I thought I would include his question, and my answer, here: I am a Canadian citizen currently in the US on a TN Visa. I have been approached by an Indian software company to conduct business development, […]Read More »
- Determining Arriving Alien Status
How to determine if your client is an arriving alien — or not! First test: Was she stopped at the border? Yes: Continue No: Was she stopped with ~25 miles of the border within 10 days of when she arrived? Yes: Continue No: Arguably not arriving alien. Second test: Is she a US citizen? Yes: […]Read More »
- VA Bankruptcy -- a warning to those filing for the Homestead Exemption
Just a quick post here — remember that you must file your notice of homestead election (VA) with the circuit court in the County were the debtor resides. This must be done by the fifth day after the meeting of creditors. See VA Code §34-17. If you fail to do so, the trustee will file […]Read More »
- Overstaying Your VISA: duration-of-stay (D/S) stamp on the I-94 offers a way out
Just a quick footnote. I was speaking with a client today about her son who was out-of-status and had been since 2013. She was an LPR, but he was bum out of luck. Or was he? He arrived in the US with his parents in 1997 under the J2 category. Duration was “D/S”. Everyone else […]Read More »
- Types of Asylum and how to claim them
A fellow practitioner asked me a question today, and I think it merits explaining in the blog: Do you know what the process is for seeking relief at a USCIS asylum hearing for relief under the Convention Against Torture? We have a hearing on December 29 at Arlington. This is a great opportunity to discuss […]Read More »
- Federal Court filing deadlines/timeframes
This is a handy chart for determining filing deadlines for Federal Court actions. Original source:Civil time computation rules. Federal Rule of Civil Procedure Time Period to Respond FRCP 6 ( c ) -motion and notice served 14 days prior to the hearing supporting affidavit served 7 days FRCP 12 answer due 21 days answer to […]Read More »
- Regulations on Inadmissibility Criteria
This is a quick and dirty handy cite list for inadmissibility codes and regulations for immigration applications and proceedings: INA § 212(a)(2)(A)(i)(I) Crime involving moral turpitude INA § 212(a)(6)(A) Present without permission (one EWI, then stayed) INA § 212(a)(6)(B) Failure to attend removal proceedings INA § 212(a)(6)(C)(i) Willful misrepresentation of a material fact to get […]Read More »
- HB1, EB, and Employer sponsored greencards -- can they charge you for the service?
A recent post on a legal bulletin board asked about the intersection of immigration and employment law. It is worth noting that this type of case is far too common, and extremely disturbing. While an employee should be mindful of his/her loyalty to the company that sponsored him/her, you cannot be made a slave. To […]Read More »
- Work Permit while In Asylum Proceeding
I was recently contacted via our website with the following question: I am an Attorney in Des Moines Iowa. My paralegals were at the Las Vegas conference. You presented at that conference and you mentioned that you can get EADs for clients in proceedings with a defensive asylum. No attorney in the Omaha court has […]Read More »
- Sexting and Exchanging Pictures
Sex and children…always a testy topic. However, there was a rather probing question asked on a recent lawyer board, and while answering it, I thought it would be good to add this to the blog. It is an interesting question, and certainly a timely one. There have been several reports of students “sexting” to each […]Read More »
- Do you have to pay taxes on divorce settlement amount?
I recently answered a question on a legal bulletin board, and I thought the topic was relevant for our broader practice audience. I recevied 444,000 as a divorce settlement; I am liable for the taxes on this amount? Short answer: probably. More complex answer: Did you already have this money in your accounts? If so, […]Read More »
- Technique to beat a felony in a mixed felony/misdemeanor case
An interesting case was recently decided in Virginia that has potential implications across all jurisdictions. It is more a strategy than anything else, and certainly the concept is not new. But it worth recalling from time-to-time, that the basics are still alive and well — even to beat a murder charge. It is fundamental criminal […]Read More »
- O1 determination ignored for EB1 - what the heck!
Recently, I was asked to help on a last minute EB-1 appeal. After researching the case, we came across the fact this individual had already been approved for an O-1 visa — for 10 years! The AAO adjudicator told the client that he was lying and that the USCIS finding that he was eligible for […]Read More »
- Federal Appeals: Discretionary Appeal under 28 U.S.C. §1292(b)
This is a quick article outlining the process for interlocutory appeals in the midst of a federal lawsuit. When the court has ruled on a summary judgment, or partial summary judgment, an appeal may be requested. It is not automatic, and the District Court must approve. Note that appeal work is tricky. There are subtle […]Read More »
- Bankruptcy, Chapter 13, and getting your stuff back....
I am in month 41 of a 60 month chapter 13 plan. The trustee has just paid off my car. I want to sell it but I am informed by my lawyer that I won’t get the title till the 60 months is complete. He says I just have to leave it sit and continue […]Read More »
- So you want to travel to the United States while your I-130/I-485 is pending? See how...
It is possible to travel to the US while your application is pending. There is a very important distinction: if you are already in the United States, and your sponsor (that’s the person who filed the I-130) has filed a one step application (I-130/I-485 combined), you can only leave the US once you have an […]Read More »
- When husband and wife fight -- who has rights in a jointly owned business?
We practice family and civil/corporate law VA, MD and DC. An excellent, and not uncommon question, was asked of us recently regarding family disputes over a 50/50 owned husband and wife company. My husband and I started an #S-Corp business 25 yrs ago. We are both 50% invested — he is the president, and I […]Read More »
- Remember -- you can't bargain away the obligations of an I-864 sponsor
I was recently asked about and I-864 (Affidavit of Support), and how it could be extinguished. Can you have a signed & witnessed indemnification that you cannot sue or require financial support from a person who legally sponsored your green card application? In answer: No. The I-864 form is a commitment between the sponsor and […]Read More »
- When Non-Practitioners Make Interesting Observations -- OR don't critique if you aren't swimming in the pond.
From time-to-time, I read a post or blog article by a so called “expert” in the field of legal business. The article, entitled, Going Solo Does Not Automatically Make You An Entrepreneur, by Susan Cartier Liebel was a recent example, and it just rubbed me wrong. Now, for those of you that read my blog, […]Read More »
- What happens at a credible fear hearing before an immigration judge?
Credible fear hearings refer to the process of an immigration officer or judge reviewing the statements of an individual who is seeking asylum in the United States. Generally, these hearings are first conducted at the port of entry by a custom and border protection (CBP) agent, or an immigration and custom enforcement officer (ICE). Based […]Read More »
- IMMIGRATION LAW - What defines a brief, casual, and innocent departure from the US? Or, how to avoid being deported for breaking continuous residency.
We just filed a response brief for a client that had left the country when he was under TPS (temporary protected status). His original country of origin was El Salvador. The problem, of course, is that when you are in the US under TPS, you are not permitted to depart without first completing an I-131 […]Read More »
- How to beat a government setup!
I was asked a question about bows and felons, recently, and posted the question and answer in different blog article. However, I started thinking about the extent of what, if any weapon, a felon is permitted to own. I came across a very interesting court case I wanted to highlight in this blog. This case […]Read More »
- General Questions about Family, bankruptcy, and criminal law.
I recently provided a variety of answers to various legal questions in VA and DC — although these apply in concept to every state. I provide them here in my blog to help any others with similar concerns. QUESTION: My wife and I are separated….if she gives me money that she owes me from the […]Read More »
- Post Immigration Court -- what happens if I lose?
A colleague of mine asked for information on what happens after an adverse decision by the Immigration Court. The Judge ruled against her client, and she sought guidance on how to proceed. I just received word that my client’s CAT and Withholding claims were denied. I am worried that I may not be able to […]Read More »
- When can I subpoena a corporate officer?
I was recently asked a good question regarding corporate law. I thought I would share my answer here: In Virginia I have a case where the named defendant is a corporation. We would like to depose the president of that company. My first thought was since he is not a named defendant we should subpoena […]Read More »
- When do I get my Miranda warnings?
A new question on a legal question board caught my attention. My son was arrested for driving on a suspended license and taken to jail. I would like to know if he should have been read his rights before being arrested. I haven’t had a chance to answer this question before, but we see it […]Read More »
- Sentencing Guideline Overview (felony)
Is it possible to get a sentence of 18 months for the crime of armed robbery in DC? In order to determine a “range” for a specific crime, you need to look at the sentencing guidelines. You can find them online for the District of Columbia at http://scdc.dc.gov/publication/2014-voluntary-sentencing-guidelines-manual. You need to know both the offense […]Read More »
- Child Support in VA
A recent friend of mine asked for help regarding child support in VA. I thought I would share her question and the answer, so that others seeking similar information could use the help! In Va, do you know what a typical cost for child support is? My ex only pays me $200 per child per […]Read More »
- Delaware jury instructions for breach of fiduciary duty and other shareholder matters
This is a quick review for those individuals looking for Delaware jury instructions dealing with interested directors, minority shareholder oppression, and breach of fiduciary duty. We just completed a week long jury trial in DC covering these topics (under Delaware law), and after no small amount of haggling, these instructions came in very handy. The […]Read More »
- How to fight for your investment in a small business
From time-to-time we answer questions related to business law — and this one deals with lulling, equitable estoppel, breach of contract, and fraud. Right up our alley! The petitioner wrote: I have an affidavit of trust signed with my employer for money that I gave him 100k cash. The Affidavit of trust states that I […]Read More »
- How to prepare an immigration relief matrix
This is a brief post today — but I had a great question from a fellow practitioner, and I know it was a problem for me, too, when I first started practicing. This advice applies to immigration court relief, but oddly, is the same (largely) tactic taken for sentencing defense and allocution. How It’s Done […]Read More »
- BIA - appealing an absentia ruling from immigration court (attorney error)
I was recently helping a colleague to work through an appeal for a client who came to her with a missed court hearing. Generally, the first line of defense is to file with the original court, and provide evidence that the Court date was not received. See generally, INA §240(b)(5)(C)(ii) and Matter of Haim, 19 […]Read More »
- Interviewing a Child Witness
A touchy subject to be certain. Generally, defense counsel is well acquainted with the challenges of interviewing child victims, and clear safeguards are in place for such occurrences. However, what happens when the only witness to a crime is a child? Similar rules apply to that of the child victim, but often it can be […]Read More »
- How to Sell Shares as a Private Business - Rule 504 of the SEC
So you own a small business, and are contemplating obtaining investors? Good news — It’s possible! Bad news, you better know what the heck you’re doing. Care is required here. As a small company contemplating a Rule 504 filing under Regulation D of Security and Exchange Commission, you need to be sure you understand the […]Read More »
- Motions in Limine -- an example
Although there are multiple uses for motions in limine, the most basic form is to (1) exclude testimony from certain witnesses, and (2) to exclude evidence on the grounds of (a) undue prejudice, (b) lacks authenticity, (c) lacks foundations, (d) lacks relevance, or (c) is cumulative and therefore unnecessary. Occasionally, a proponent will file a […]Read More »
- Difference between JOINT filing and CONSENT filing
As a practitioner in both Federal and State jurisdictions, I am often consulted on matters that cross between both types of Courts. A recent question posted to the American Immigration Lawyers Association (AILA) is a good example. In this case, a practitioner new to immigration law (Federal) was asking the difference between a joint filing […]Read More »
- How can a non-profit organization engage in for profit work?
I was recently asked the following question on an online legal website: I am a member of a Church Vestry in Virginia. The church is a 501(c)(3), and it owns a piece of retail property. If we lease the retail property to generate income, are we subject to an unrelated business income tax or would […]Read More »
- Expungement and Letter of Good Conduct -- DC Rehabilitation Actions
A client came to our office on Friday, and asked the following question regarding expungement in DC: I was accused of breaking and entering in Washington, DC in 2006. I pled out to a misdemeanor with no jail time. I long ago completed my probation — is there something I can do to get this […]Read More »
- When the judge becomes a recalcitrant -- how to protect your client
While speaking with several great colleagues on the AILA (American Immigration Lawyers Association) discussion boards, I had a chance to share my experiences working with judges who would not allow testimony in the immigration court context. I was asked how I handled such judges — specifically regarding asylum matters — and I thought I would […]Read More »
- Prostitution And Entrapment -- An Argument for the Defense
I recently had a chance to speak with a potential client about solicitation, prostitution, and entrapment. Can a police officer actually have sex with an escort and still threaten that same escort with solicitation and prostitution charges in DC? That answer is a solid maybe. Let’s review the facts of this example: I stay in […]Read More »
- Police action on a Backpage Escort Ad
I recently answered a questions about solicitation and entrapment on a local legal board. I thought the question was interesting enough to repost on my blog: (summary) I am a escort on Backpage. I have been posting online for months. My ad states that anyone that wants to meet me must send a pic and […]Read More »
- Enhanced DUI charges in DC -- and how to fight them
DUI Defense in DC — how to beat an enhancement charge. We recently had a jury trial in DC concerning a 2nd DUI. At the sentencing, our firm presented that enhancements should not apply. Essentially, our client obtained his first DUI in VA. DC Code specifies the DUI’s only count towards “enhanced” penalty if the […]Read More »
- Immigration Asylum -- the 1 year clock (and other questions)
Recent questions posted on AILA about the one year clock and exceptional circumstances. I recently answered two questions on thee AILA member board, and thought I would share both the questions and the answers here. Although these were aimed at practitioners, the answers may also be helpful to folks desiring more information on the law […]Read More »
- New Supreme Court case allows officers to make a mistake of law -- but still have a valid stop.
Is the Supreme Court decision in HEIEN v. NORTH CAROLINA (574 U.S. ___ (2014), Case 13-604) really new law? There has been a recent flurry of debate regarding the Supreme Court decision in Heien. This case dealt with two men who were stopped by a police officer while driving in North Carolina. Heien was the […]Read More »
- President Obama's Executive Action...illegal? I think not!
In an interesting twist to the ongoing debate about immigration, a Federal Court in PA held that President’s Obama’s executive action on immigration — namely, shifting enforcement priorities and granting defacto status to illegal aliens — including work authorization — is illegal. 3. Conclusion President Obama’s unilateral legislative action violates the separation of powers provided […]Read More »
- Setting up the jury -- jury operations in DC, and tactics at the Bar
Jury Management = Trial Success Beyond closing arguments, my trial experience has taught me that jury instructions and voire dire are probably the most important aspect of civil and criminal trials in state and federal courts. This stems from the simple fact that, the more complex a case, the less likely a jury member will […]Read More »
- IMMIGRATION WEBINAR: 18 December 2014 at 1pm (FREE!)
Entry into the United States — whether as a visitor for a short duration, or an immigrant with an intent to stay — is a complicated area of law. Learn how to advise your clients — and how to help yourself! — while navigating the changing landscape of US immigration law. This workshop will cover […]Read More »
- NEW IMMIGRATION RELIEF: DACA EXPANDED -- NO MORE AGE LIMIT!
DACA is Now Available to All! With President Obama’s announcement last night, DACA (Deferred Action, Childhood Arrival) has been expanded. Previously, the age cap was 31 — individuals older than 31 could not apply. That cap has been removed! DACA is now available to a person meeting the DACA eligibility requirements, regardless of age. Further, […]Read More »
- NEW IMMIGRATION RELIEF: DEFERRED ACTION FOR PARENTS
DACA expanded to parents of US Citizen or LPR children! With his announcement last night, President Obama fundamentally changed the immigration landscape. If you are here illegally in the United States, and have a US Citizen or LPR child, you need to contact our Firm immediately. We can help you obtain legal status under the […]Read More »