Michael E Hendrickson's Answers

Possible punishment for 2nd offense for domestic violence misdemeanor assault under GA criminal laws

Better check with the lawyer representing the one accused of the domestic violence for the second time.

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Applying for a motion to reconsider a denied case or Re-applying I-485 with a waiver; which one is the best option??

Very likely, reapplying for an adjustment of status(I-485) with a waiver of inadmissibility(possibly under 245(i)) would be the better approach. (If you go for a reconsideration, the decison is very likely to be another denial on the grounds that there is nothing to reconsider that would merit a reversal of the prior decision.) M.E. Hendrickson, Esq. Alexandria, Virginia 22314

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What are a tenant's rights against landlord who is facing foreclosure in Michigan

You have the right under your lease to remain in the home (paying all rent that is due)until such time it is actually foreclosed whereupon the new owner(most likely a bank) will require that you then leave.

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Child Custody and leaving the country

Absent a valid court order requiring notice and/or permisssion for your proposed move, you need noone's permission, but, of course, that in no way implies that this type of move on your part would necessarily be advisable either for you or your children.

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What is the federal law against opening mail that isn't addressed to you? And how can I approach the situation if I am a victim?

I would doubt that taking legal action or referring the matter to the postal inspector for criminal prosecution is the wisest course of action to resolve this apparently intrafamily problem. Why not have your mother, in addition to collecting your mail, also hold it for you in a place that will be safe from this other family member allegedly involved in the surreptitious predation of your mail? Michael E. Hendrickson Attorney & Counsellor at Law 211 North Union street Suite 100...

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Will court give custody to father if child acting out to live with him and will I be responsible for medical and child support?

No, I disagree with the other attorney's answer, but it would certainly seem that both of your children should be receiving appropriate counseling (as measures in their respective best interests) and, perhaps, the oldest one should have a so-called CHINS(Child In Need of Services) petition filed in her behalf with the local Juvenile & Domestic Relations District Court where you currently reside. Michael E. Hendrickson Attorney & Counsellor at Law 211 North Union Street Suite 100...

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Capital gain tax on rental property

Your daughter could claim her exemption as an owner after two years for her share, but you in my view would still owe the full capital gains tax for your share of the property since the property would still not qualify as your principal residence. A so-called 1031 Starker Exchange type transaction might make more sense in your particular situation. M.E. Hendrickson, Esq. Alexandria, Virginia 22314

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What is the min. & max. time one can get for sol. pros. 1st offense?

I believe the penalty for solicitation of prostitution in DC as a Class 1 misdemeanor offense is a fine of up to $1000 and/or 180 days in jail, neither of which is likely to be imposed on a first time offender. M.E. Hendrickson, Esq. Alexandria, Virginia 22314

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What is the min. & max. time one can get for sol. pros. 1st offense?

Yes, I agree with Mr. Samo's recommendation, i.e., contact a criminal defense counsel ASAP who's licensed in and currently authorized to practice law in the District of Columbia. Michael E. Hendrickson Attorney & Counsellor at Law 211 North Union Streert Suite 100 Alexandria, Virginia 22314

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This is a probate property no will 5 survivor's question.

In addition to one of you applying to the probate court to be appointed as administrator of your mother's intestate estate(no will), all five of you will need to execute a document called an AFFIDAVIT OF HEIRSHIP which is to be recorded among the land records of the circuit court in order to establish your respective claims of ownership to the property. Furthermore, each of the owners would be responsible for his or her share of the mortgage, taxes, and insurance irrespective of whether one...

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