Our beach club (corporation) lost its non-profit status due to some improper filings/paperwork snafus. We've gotten advice on how to remedy the situation. One step requires filing for a new Master Business License in order to proceed and operate...
Keep in mind that the question of non-profit is one of state law, while the question of tax exempt is one of Federal (IRC) law. It sounds like what happened is your club didn't file a timely renewal with the Secretary of State. Filing incorporation paperwork is what's required to form a corporation in Washington State. A master business license usually accompanies the Articles of Incorporation, but it's not the same thing. See the Secretary of State's website for information on incorporating. An attorney can help you figure out whether a master business license is required (likely yes, but not always) and what has to be disclosed.See question
I missed a "good cause" (already rescheduled one time) mitigation hearing for a parking ticket. Is there any way I can reschedule hearing? I have some medical issues that were a good reason why I missed, and can get Doctor's note. I'm having sever...
Generally, you can get it rescheduled. The doctor's note will help. But missing and then asking for an extension is tough. Call the court clerk's office and you've got about a 50/50 chance they'll give you a new date.See question
First, I have Post Traumatic Stress from abuse I suffered in my previous marriage. Recently my fiance and I got into a verbal argument, which turned into a panic attack for me. He grabbed my arm and in my panic and fear I lashed out to protect mys...
Once a person has been charged, it is up to the prosecutor to determine whether to proceed with the case. In order to convict, the prosecutor will have to prove the essential elements of DV assault beyond a reasonable doubt. But a prosecutor doesn't have to prosecute cases where the interest of justice might call for him/her to dismiss a case. If your finance relays the same story you've set out here and asks that the charges be dismissed, there's a small chance the prosecutor will do so.
I would strongly encourage you to get counsel (private or public defender), however, because your attorney will help ensure that the prosecutor knows the complete situation, rather than you simply hoping the prosecutor "gets it."See question
We installed a ceiling for Jos. A Banks, we are a sub cont. who contracted with PCC contracting, the prime contractor is Tri-Rivers, the owner is Jos. A. Banks. We have not been paid, we have filed an intent to lien, what is our next step? Do we ...
Since you've done your notice, it is likely that your best course of action is to go forward and perfect your lien. It sounds like this may be a cash flow issue up the chain from you, and the lien will likely protect your position. If it turns out you don't get paid, probably worth at least meeting with a lawyer to get some advice on next steps.See question
certificate showing I am ordained and completed my training program. A counselor told me I can only use the word counselor if I have the appropriate college degree. I would like to say I do spiritual counseling when I describe my work at times. ...
Counselors are regulated by the Department of Health, and anyone providing counseling in Washington must have an active credential. I'm not sure about the details of "spiritual counseling," but I bet you could figure it out by having a look at the DOH website http://www.doh.wa.gov/hsqa/CertCounselor/Default.htm
An attorney could figure this out for you pretty quickly at a minimal fee, as well.See question
Murdering sheep. What do you think?
I would only add that there are also limitations on how you go about killing animals that are raised for food. Animals raised for food should be slaughtered in a humane way, as animal cruelty laws prevent cruelty to animals - even by the owner.See question
Jared Lee Loughner, the shooter of Rep. Gabrielle Giffords, may be forced to take anti-psychotics in order to be considered mentally competent enough to stand trial. If a defendant has to take anti-psychotic drugs in order to stand trial, isn't t...
Great question: The Insanity Defense Reform Act of 1984 reads, in part:
"It is an affirmative defense to a prosecution under any federal statute that, at the time of the commission of the acts constituting the offense, the defendant as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense."
This is a change from previous insanity defense law. And it's pretty tough to prove that a person was unable to appreciate the nature and quality or wrongfulness of his acts. Note that even if a defendant hears voices and honestly cannot resist complying with the voices because of mental illness, so long as the defendant knows his actions are wrong, then the mental illness is not a defense.
Mental competency of an accused to stand trial is a different matter - the pertinent statutory provisions under the Insanity Defense Reform Act of 1984 are 18 U.S.C. §§ 4241, 4246, and 4247.
In short, competency to stand trial is about whether a defendant knows who the players in the system are and what their roles are (i.e. the judge, jury, prosecutor, and defendant's attorney); can understand what he's being charged with and why; and can assist with the his own defense. Thus it makes sense, the law says, to try to restore a defendant's ability to appreciate theses issues when a court finds the defendant not presently competent to stand trial.
The Supreme Court decisions on competency to stand trial, Pate v. Robinson, 383 U.S. 375 (1966), and Drope v. Missouri, 420 U.S. 162 (1975), have little to do with the insanity defense, since the standards are quite different. See Dusky v. United States, 362 U.S. 402 (1960).
Competency to stand trial decisions focus on whether a defendant can appreciate what's going on in the courtroom and with his lawyers and what's at stake. This can change over time.
Insanity defense issues focuses on culpability for the criminal actions, which is in theory fixed at the time of the event.See question
the accident happned 3 days ago in Co.. but wants to meet me at NM/CO state line... this doesnt sound right to me.. are they just trying to get me to the state line to arrest me?
Sounds pretty strange to me. Basically, the state has to serve you with some sort of process (a charging document/complaint/ticket etc.) at some point if you're being charged with something. This may be what the officer has in mind. The officer may also be planning on arresting you. You have no affirmative duty to make it easy for the state to serve you (though it's illegal to obstruct justice actively or interfere with an officer in his/her official business), but the state can generally issue a warrant for your arrest if they cannot find you another way.
I would need to know a lot more facts (about the accident and the contact from the officer) to actually advise someone in a situation like yours, so my advice is to contact a Colorado attorney pronto, even if it's only for a phone consultation. The cost of the consultation would be well worth it, I bet.See question
I helped someone out and they signed a promissory note stating that she would surrender her truck, if she didn't pay by the deadline. Before the deadline was meet, she disappeared. By the time that I brought the promissory note to place a lien, ...
It does not appear that you have a perfected security interest in the truck. But that doesn't mean that the promissory note isn't enforceable. While you may, indeed, need to stop doing your own legal work, in many states small claims courts are an accessible, affordable way to collect on debts like this. You don't report how much the promissory notes were for, but if they're less than $1,500 each, you may be able to go to small claims court. The KY Attorney General has a guide for small claims available here: http://courts.ky.gov/nr/rdonlyres/e452ffe9-4aa1-4879-b459-64ffbd3ab5bb/0/p6smallclaimshandbook310web.pdf
If the amounts of the notes are substantially greater than $1,500 or if you don't understand the small claims process, you may need to retain an attorney. At any rate, it may be worth your time to consult with an attorney for an hour, just to get his/her take on your situation.See question
He has a job up here (not a good one, but at least one) and only ended up living in Georgia a short time.
It's also the case that a lot of courts are set up to allow appearances by telephone. Your friend would need to contact the court in advance of the scheduled hearing to see if he can appear by phone. It is possible to transfer probation (if that's what the appearance is related to) to a difference state, but it isn't easy.See question