District of Columbia Recent Legal Answers from Lawyers

As a general matter, a non-citizen of the United States has all of the right to operate an e-commence business selling to residents of the United States as a citizen. Whether you need to be licensed and pay U.S. taxes depends on where you are located. Since your inquiry suggests you are located in the District of Columbia, then you would be required to pay U.S. taxes on your profits. As a general matter, an unincorporated business does not need a license, but the answer to that question may depend on the precise nature of your business. See an attorney.... Read More

Both a "regular" LLC and a "professional" LLC, if they have a single member, are taxed the same way -- they are ignored entities for federal income tax purposes. That is, the sole member reports the income and expenses of the entity on his personal Form 1040, Schedule C, unless the entity has elected to be taxed as a corporation (which is rare). There are no meaningful tax benefits to formation of a single-member LLC of any kind. There are expenses, including formation and ongoing franchise taxes, which may not be offset by any benefit of any kind. A professional who operates a single-member LLC should expect no limitation-of-liability benefit from operating in this form, at leats as far as clients or patients are concerned. There are no substantive differences from the standpoint of a single-member LLC regarding "professional" or "regular" status.... Read More

You should set up a consultation with a lawyer who has experience with nursing home cases.  He or she can evaluate your potential case and advise you on whether or not to request an autopsy. Most nursing home attorneys do not charge anything for an initial consultation, so there is no risk in calling to discuss your concerns.  -Steve Steven LevinLevin & Percontiwww.levinperconti.comToll-free: 877-374-1417... Read More

Dear Amanda, Thank you for posting your question.  US Immigration laws dictate that if an alien applies for permanent residence through marriage to a US Citizen within two years of such marriage, that they would receive conditional permanent residence.  This is basically a green card valid for 2 years.  The US Citizen and such conditional permanent resident must jointly file an application to remove the conditions within the 90 day period immediately preceding the conditional permanent residence expiration.  So for example, if the permanent residence expires on December 31, the joint application (which must be signed by both spouses) must be filed anytime from October 1 to December 31.  The spouses are required to submit evidence that they continue to establish their lives together as man and wife and that their marriage was initially entered into in good faith.  If the marriage terminates within the conditional residence period, the alien becomes deportable immediately upon the termination of the marriage.  The law, however, affords the conditional residence an opportunity to file a waiver of the joint application to remove the conditions requirement by submitting an application containing evidence that the marriage was entered in good faith. In your case, you must be mindful of the consequences of terminating your marriage and its impact on your husband's immigration status.  I would suggest that you consult with an experienced immigration lawyer to make certain that your husband is not placed in jeopardy.  Please let me know if you have any additional questing and best of luck.  Gus M. Shihab, Esq The Law Firm of Shihab & Associates, Co., LPA gus@shihablawyers.com 877-479-4USA (4872) Free Consultation.  ... Read More

In most cases, you will need an attorney to file a lawsuit for wrongful death.  You may need to be appointed as the administrator of the decedent's estate.  I would suggest you contact a competent attorney to determine if your case has merit, and if so, to give you a recommendation about filing it.   Jonathan Johnson   www.gawrongfuldeathlawyer.com... Read More

"Facilitation" of a drug crime is similar to "aiding and abetting" a drug crime, the definition for which is found at 18 USC Section 2. It says: "Whoever .... aids, abets, counsels, commands, induces or procures" ...the commission of an offense ..."is punishable as a principal. " What kinds of acts might be considered acts that "facilitate" or "aid and abet" a drug crime? Examples might be a person driving the seller to the site of sale, knowing he is going to meet the purchaser and conduct the sale there. Or making a telephone call to the buyer on behalf of a seller and telling him the time and place of the meet. Or, letting a friend use your money to purchase the drugs, even if she promises to pay you back. Or letting a friend store the drugs in your basement. Anything one does to assist a drug transaction, with knowledge of the criminal objective could be considered facilitation. Under federal law, the person who facilitates or aids and abets the crime is subject to the same punishment as the actual perpetrator. ... Read More

Federal grand juries conduct investigations into possible violations of federal criminal law. They have the power to subpoena witnesses to appear before them to testify and produce information. The Department of Justice has developed special policies when the witness sought to be subpoenaed is either a "target" or a "subject" of the grand jury investigation. These specific policies are contained in Section 9-11.150, et. seq. of the United States Attorneys'' Manual. A "target" of a grand jury investigation is defined as a person as to whom the prosecutor or grand jury has substantial evidence linking him or her to a crime, and who, in the judgment of the prosecutor, is likely to become a defendant--i.e., to be indicted. A "subject" of a grand jury investigation is a person whose conduct is within the scope of the grand jury''s investigation. Due to the potential for unfairness and misunderstanding in compelling a target (a person who is likely to be indicted) to testify or produce documents before a grand jury, prosecutors are directed to first attempt to secure the target''s appearance voluntarily. If the target refuses to voluntarily appear, before the target can be issued a subpoena, the prosecutor must obtain the approval of the grand jury and the United States Attorney or the responsible Assistant Attorney General. In determining whether to subpoena a target, the officials involved should consider the importance of the testimony or information sought to the investigation, whether the substance of the testimony or information could be obtained from other witnesses, and whether the questions that the prosecutors and grand jurors intend to ask would be subject to a valid claim of privilege. If approval is obtained to subpoena a target of a grand jury investigation, it is the policy of the Department of Justice to advise the witness of his or her rights. Subjects of the grand jury investigation are also receive advisements of rights. This is done either by attaching an "advise of rights" form to the subpoena, or in a letter that accompanies the subpoena. In the case of a witness who is a target or subject of the investigation, the following advice is provided: Advice of Rights. The grand jury is conducting an investigation of possible violations of Federal criminal laws involving: (State here the general subject matter of inquiry, e.g., conducting an illegal gambling business in violation of 18 U.S.C. Section 1955). You may refuse to answer any question if a truthful answer to the question would tend to incriminate you. Anything that you do say may be used against you by the grand jury or in a subsequent legal proceeding. If you have retained counsel, the grand jury will permit you a reasonable opportunity to step outside the grand jury room to consult with counsel if you so desire. An additional advisement is provided to targets that their conduct is being investigated for possible violation of Federal criminal law.... Read More