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W. Charlton Allen Jr.

W. Allen’s Answers

62 total

  • Is it legal to transport alcohol through Georgia (Michigan to Florida) if all parties are over 21?

    I am heading to Florida from Michigan with some college friends for spring break. We would like to bring alcohol with us to save us time and money when we arrive, but also not break any laws in doing so. All people are 21 or older. I have had trou...

    W.’s Answer

    Closed container, personal use only and NO consumption while driving.

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  • What taxes does a single - member LLC with no employees and is a disregarded entity have to pay in Georgia ?

    I am looking to start a SMLLC in Georgia and the more I research about taxes , permits , licenses , etc , the more confusing it gets . According to the IRS , I don't need an EIN but the state of Georgia requires you to have an EIN to registe...

    W.’s Answer

    For an in-depth answer, see an attorney. For now, no question; form the LLC with Secretary of State and get an EIN. Whether or not you have employees, you need to have EIN.

    Depending on the county or city in Georgia, you will need a business license. This is usually merely a fee based situation, but some municipalities tie the business license to other issues such as zoning of the business location, code inspections for the business location and issuance of a certificate of occupancy prior to commencing business in a location. One county I work in requires an architectural drawing of the business location and the sign for the business on file, even if you rent the space and plan no buildout.

    For choice of entity, LLC versus corporation, etc. consult an attorney. For the tax issues, you will need both an attorney and an accountant. There are several tax issues related to the IRS and Georgia Revenue you need to be aware of specific to LLC's that corporations do not have. That is an hour long discussion by itself.

    By the way, the response from the other attorney is spot on regarding a disregarded entity. As such, there are liability questions you will need to discuss with an attorney.

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  • I am a citizen and want To help my brother. How long would it take for him to get visa/residency if he is already living here?

    He lives here and I want to do his paper through I -130 . But I wonder about the time if it takes many years as I have heard

    W.’s Answer

    Agreed. It will take a long time to get through the process.

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  • I have a friend who wants to move to the US. She is currently retired in Germany due to disability because of MS?

    We would be able to sponsor her by allowing her to live with us and help with our children. What are her options for getting a green card so that she can start the Citizenship process. Also what options are available to tap into for medical atte...

    W.’s Answer

    Her age and infirmity indicate that she will be on public assistance for she comes here. If her disability payments are state payments from German tax funds, then I should suspect that they would cease at some point during the process since she is trying to be a German citizen no longer. The USCIS would look to that as a case for which she would be need government assistance to stay and survive.

    If her retirement is also a state paid retirement fund, then there would likely be similar issues. Bottom line, your chances are not good at all.

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  • Is it possible for a joint legal custody decision in Ga to result in no child support being necessary?

    My husband has a child from a previous relationship, he entered into a verbal contract with the mother to pay support each month without involving the courts. Now she wants more and has been refusing visitation, she filed for child support throug...

    W.’s Answer

    In my experience, joint legal custody does not prevent the award of child support. The support payments, in theory, go with the child. Which ever parent does not have PHYSICAL custody pays the support. The only cases I have had where support was not ordered are indigent cases and I procured a consent agreement which allowed support to be assed at a later date.

    Your husband NEEDS and attorney. Stopping payments that are due can result in a contempt action that could assess fines and place him in jail.

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  • Time limit for criminal arraignments in Georgia

    super speeding ticket /laser 35 miles over limit

    W.’s Answer

    After the ticket or citation is docketed with the court, there is no time limit but the normal restraint of the availability of witnesses and the case load of the court. There are some theoretical arguments regarding citations versus accusations etc. but functionally, think timeless. Speedy demands usually do not apply as inferior courts do not usually have court "terms."

    If you are in DeKalb Recorder's Court, they have special programs for which you may qualify to reduce the allegations. Call me or another DeKalb attorney, or one with experience in DeKalb if you are interested and your citation is in DeKalb.

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  • What happens in court on the day of petition for adjudication of guilt

    I have a court date for a petition for adjuration of guilt . What is the court room process ?

    W.’s Answer

    First, consult with an attorney.

    If you are going to go by yourself, which I do not recommend, then you need to be aware of some things. You are on probation and the Probation Officer has filed a petition against you because of a violation or non-compliance issue. If this is the first time in court on the violation, typically the Probation officer and the ADA will not have all the witnesses there. Sometimes they will, usually not. They will want you to "stipulate" to the petition. Do not do that yet. Find out what their issues are and then try to reset or set it down for a hearing with witnesses. You may be able to negotiate with the probation officer not to adjudicate, but in Henry County, my experience is that approach will lead nowhere.

    If they reset or set down for a hearing, then GET AN ATTORNEY! If not and they push forward with a hearing request time to get an attorney. If that fails, what will happen next is that the state will bring witnesses as to the violation offense and the probation sentence. You can cross examine. You will get a change to put up evidence as well, but it will be limited. The judge will then decide if you have violated probation and whether or not to enter an adjudication.

    I cannot say enough, you need to hire an attorney before the first hearing. It may be the only hearing you get.

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  • If an employer started another business in the liquor industry along with having a dental business, is it wrong to have a dental

    assistant work for the liquor business without pay?

    W.’s Answer

    Is it wrong? Depends on how you define wrong.

    If the dental assistant (DA) agrees to "volunteer" then it is not "wrong". If the DA does not want to work for free, then that person can refuse to work in the liquor store. Then the question becomes, can the owner fire the DA in the dental practice? Yes, as long is it not a "vindictive termination."

    GA is a "right to work" state. It is also and "employment at will" state. Generally, as long as the owner does not force the DA to do both, one without pay, and as along as he can establish that, if terminated, it was not done for vindictive purposes, then it is not illegal. Many business owner would view the practice you outlined as unethical even if not illegal.

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  • I am Not an American citizen but I'm married to an US citizen

    I Came here on a B1/B2 visa Last year Summer and Got married to my Wife in September I haven't filed my Adjustment of status as yet and my I-94 expired in January of this year, The reason why i haven't filed anything as yet is because my wife cant...

    W.’s Answer

    This is a sticky wicket. First thing to say is GET AN ATTORNEY. A previous comment state that did not want to scare you into getting one, but you should be because the process is tied to the letter of the regulations and any deviations will cause a problem.

    The second thing to say is that, though you have a lot of detail in your question, you cannot expect a game plan from the inquiry like this. whether or not you think you cannot afford this process, you need to start it now.

    Third, there is not time limit on how long the processing of the paperwork will take. I have a client that filed 3 week before the visa expired and eight months later we are still waiting for the interview to be set. It can be interminable. Please do not delay. Get an attorney ASAP.

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  • What do I need to do now

    15 yr old( mentally challenged/mind capitiy of a kindergardener) child touched a 4 year old child on private area,police were called,Juvinile office will be calling me monday morning

    W.’s Answer

    You have several issues here. First, is the 15 year old diagnosed? With what? Has a competency determination been made? If not, can one be done soon?

    There are several levels of mental capacity and only a few situations rise to the level of "legal incompetence." Even if incompetent, there can still be a determination of "danger to others" that will not allow a finding of intent on the part of the 15 year old, but will still place him in state custody. There is the issue of specific diagnosis which will play a part in the resolution of this matter as well.

    Additionally, there are the issues of the relationship of the 4 year old to the 15 year old and the facts surround how the incident took place: how much contact, was it reasonable for the 4 year old to be that close to the 15 years old so that a touching could take place, are the responsible adults at fault in failing to protect, and other issues.

    Find an experienced Juvenile/Criminal/DFACSd deprivation attorney and give him or her the details. This could be a very serious situation with broader ramifications that you might think.

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