Knowledge Center - FAQs

SHIN LAW OFFICE KNOWLEDGE CENTER FREQUENTLY ASKED QUESTIONS

A Few Answers Make All the Difference

We know you will have tons of questions and we are here to help you get the answers. Below, are some of the most frequently asked questions we receive in each practice area.

CORPORATE LAW, NEW BUSINESS

Q: How do I know if I need a corporate attorney?

Whenever you start a business, you should always look to consult with an attorney. It’s important to always remember things will never go the way you intend, so it’s important to try to minimize as many problems as you can before they begin.

Q: Do I need different corporate attorneys for specific legal actions?

It depends.

When you want to do something highly specialized like mergers and acquisitions, then yes, a specialized attorney would be recommended. If your needs require something more basic, then an experienced corporate attorney should be able to accommodate all your needs.

Q: What questions should I ask a corporate attorney before hiring?

All the questions you need to ask to address your needs.

You are the boss and you are the one with the goals and vision; it’s the attorney’s job to help you get to your goal.

Q: What are some of the basic legal documents I should have in place, as a corporation?

The bare minimum would be having all of your incorporating documents completed in addition to an Operating Agreement.

The Operating Agreement is essentially the “law of the land” for the company, and should be comprehensive to cover all possible issues you think may arise.

After you have those documents completed, it is worth looking into other documents (such as shareholder agreements, resolutions, etc.) to ensure all your business needs are covered.

CORPORATE LAW, ESTABLISHED BUSINESS

Q: How do I know if I need a corporate attorney?

Whenever you start a business, you should always look to consult with an attorney. It’s important to always remember things will never go the way you intend, so it’s important to try to minimize as many problems as you can before they begin.

Q: What are some of the basic legal documents I should have in place, as a corporation?

The bare minimum would be having all of your incorporating documents completed in addition to an Operating Agreement.

The Operating Agreement is essentially the “law of the land” for the company, and should be comprehensive to cover all possible issues you think may arise.

After you have those documents completed, it is worth looking into other documents (such as shareholder agreements, resolutions, etc.) to ensure all your business needs are covered.

Q: What questions should I ask a corporate attorney before hiring?

All the questions you need to ask to address your needs.

You are the boss and you are the one with the goals and vision; it’s the attorney’s job to help you get to your goal.

Q: Do I need different corporate attorneys for specific legal actions?

It depends.

When you want to do something highly specialized like mergers and acquisitions, then yes, a specialized attorney would be recommended. If your needs require something more basic, then an experienced corporate attorney should be able to accommodate all your needs.

CIVIL LITIGATION

Q: How much time after an event do I have to file a civil dispute?

Every type of civil action in Virginia has a “statute of limitations” which dictates when a cause of action must be started. If you are unsure of which statute of limitation applies to your case, feel free to call and discuss it with any of our attorneys.

Q: If I am thinking of filing a claim, what are my first steps?

There are many things you need to take into consideration before filing a claim. It’s almost impossible to explain the issues you may run into, so it’s imperative to make sure you consult with an attorney to understand your rights.

Q: How long does a civil case usually take?

This primarily depends on how much time is available on the Court’s docket. Unfortunately, the parties often cannot dictate the pace of the case, that’s usually done at the discretion of the court.

Q: What is the process to file a civil dispute?

Different civil disputes are started in different ways. It’s hard to generalize what forms must be used and what the processes are like. If you are unsure of how to start your claim, feel free to contact us and we can help you get started.

CRIMINAL DEFENSE

Q: What should I do if I am arrested?

The first thing you should do is not say a word! Anything you do or say can be (and usually will be) used against you in court. Do not be afraid about “how you will look” if you choose not to speak to law enforcement. If they were there to help you, they would not be arresting you.

Q: What is the role of a prosecutor?

The role of the prosecutor is to determine if there is enough evidence to support a conviction for a criminal charge. Believe it or not, he or she should be unbiased and make sure your rights are preserved throughout the criminal process.

Q: What are my rights?

Every person has rights under the United States Constitution. However, the rights that you are afforded vary from one criminal charge to the next. For example, you do have a right to refuse on a roadside breathalyzer; however, you do not have a right to refuse a breathalyzer at a police station (or else you will be charged with Refusal under Virginia Code 18.2-268.3).

Q: Why do I need an attorney if I am innocent?

Ever heard the saying, “life isn’t fair?” Well, this phrase definitely rings true in criminal defense work.

You need an attorney, even though you are innocent, because often times individuals are simply at the wrong place at the wrong time around the wrong people. Although you know you are innocent, the circumstances may not always reflect that.

FAMILY LAW

Q; How do the courts determine visitation?

Visitation is determined based on the best interests of the child standard set forth in Virginia Code 20-124.3.

Q; I am owed thousands of dollars of child support. What can I do if the person who owes it lives out of state?

All that needs to be done is to file for child support in Virginia and incorporate the foreign order with the Virginia court. Since the child support process is streamlined to travel all over the country, procedurally, obtaining child support is simple.

Q; What is the difference between custody and guardianship?

Custody is determined by a family law court that determines which parent has custodial control over the child in question. Guardianship is a court proceeding in Circuit Court where the Court appoints an individual to care for a minor child and makes legal decisions for the minor.

Q; I don’t have custody of my child, but I want it. How do I begin the process?

To keep it simple, you would need to simply file a petition for custody and visitation in the Juvenile Court of the jurisdiction that you have been residing in for the last 6 months.

FAMILY LAW: DIVORCE

Q: What types of divorces are there?

There are generally 2 types of divorces: contested and uncontested. An uncontested divorce is one where all the issues between the parties are resolved. A contested divorce is one where one or more issues exist between the parties and must be resolved by a judge at trial.

Q: What is the difference between an annulment and a divorce?

An annulment is a request to essentially erase a divorce. A divorce is a process that legally terminates a marriage. A divorce, unlike an annulment, does not erase the fact that the marriage existed.

Q: When getting a divorce, do both of us need separate divorce attorneys?

Yes. Attorneys are generally, ethically prohibited from representing both parties in a divorce.

Q: What is the cheapest and easiest way to get a divorce?

The cheapest way to get a divorce is to proceed forward as an uncontested divorce.

FAMILY LAW: ESTATE PLANNING

Q: What is a trust?

A trust is a document that creates a relationship with another person (let’s say, “John”), that allows John to hold on to assets for another individual (let’s say, “Sally – your daughter”). Trusts are usually not subject to probate, which means you receive greater savings on the assets within the trust.

Q: How do I know if I need an estate plan? Why is this important?

Everyone needs an estate plan! This isn’t often said about legal matters, but estate planning is absolutely necessary. Without an estate planning document, everything you worked all your life for could be washed away through legal processes and lost to the county, instead of having everything being passed to your family and friends.

Q: What is a living will and why do I need one?

A living will (not to be confused with a revocable/irrevocable trust) is a document that addresses life preserving issues in the event you require life support. A living will becomes when you are not able to make decisions on your own.

Q: What is a 'simple' estate plan?

A simple estate plan is usually a plan for individuals that do not have a substantial amount of assets and accounts (usually less than 1 million dollars).

TRAFFIC OFFENSES

Q: What is the difference between a DUI and a DWI?

< p align=”justify”>A DUI means “driving under the influence (of some substance)” and a DWI means “driving while intoxicated (with alcohol)”.

Naturally, a DWI presumes there was some unlawful driving behavior due to alcohol being involved, whereas a DUI presumes there was some unlawful driving behavior due to an illegal substance being involved.

Having said that, in Virginia, it is very common to refer to alcohol related offenses as DUIs, which are more commonly used.

Q: What is reckless driving?

Reckless driving is a very common criminal charge, but a charge that carries significant ramifications.

Most individuals don’t pay too much attention to this charge, but they do not realize the classification of this charge is a Class 1 Misdemeanor (the same classification as a petit larceny, possession of marijuana, assault and battery, etc.).

As is commonly said, “a class 1 is a class 1 is a class 1” — meaning, do not be misguided that a charge doesn’t “sound bad” when the reality is that it is.

In Virginia, reckless driving can be by speed or simply by driving behavior. If you find yourself asking if it’s worth hiring counsel, it would be smart to consider it.

Q: Do you have to be drunk to get a DUI?

In you are driving in Virginia, are over 21 and have a blood alcohol content of .08 or higher, you will be arrested and charged with a DUI.

If you are under 21, regardless of your blood alcohol content, you will be arrested because of Virginia’s zero tolerance law.

Q: If I am driving, what might cause an officer to pull me over for drunk driving?

You could be pulled over for any number of traffic violations such as a broken tail light, etc — but also for bizarre driving behavior, for example, swerving, running a red light as determined by a police officer.

CRIMINAL DEFENSE

Q: What should I do if I am arrested?

The first thing you should do is not say a word! Anything you do or say can be (and usually will be) used against you in court. Do not be afraid about “how you will look” if you choose not to speak to law enforcement. If they were there to help you, they would not be arresting you.

Q: What is the role of a prosecutor?

The role of the prosecutor is to determine if there is enough evidence to support a conviction for a criminal charge. Believe it or not, he or she should be unbiased and make sure your rights are preserved throughout the criminal process.

Q: What are my rights?

Every person has rights under the United States Constitution. However, the rights that you are afforded vary from one criminal charge to the next. For example, you do have a right to refuse on a roadside breathalyzer; however, you do not have a right to refuse a breathalyzer at a police station (or else you will be charged with Refusal under Virginia Code 18.2-268.3).

Q: Why do I need an attorney if I am innocent?

Ever heard the saying, “life isn’t fair?” Well, this phrase definitely rings true in criminal defense work.

You need an attorney, even though you are innocent, because often times individuals are simply at the wrong place at the wrong time around the wrong people. Although you know you are innocent, the circumstances may not always reflect that.

FAMILY LAW

Q; How do the courts determine visitation?

Visitation is determined based on the best interests of the child standard set forth in Virginia Code 20-124.3.

Q; I am owed thousands of dollars of child support. What can I do if the person who owes it lives out of state?

All that needs to be done is to file for child support in Virginia and incorporate the foreign order with the Virginia court. Since the child support process is streamlined to travel all over the country, procedurally, obtaining child support is simple.

Q; What is the difference between custody and guardianship?

Custody is determined by a family law court that determines which parent has custodial control over the child in question. Guardianship is a court proceeding in Circuit Court where the Court appoints an individual to care for a minor child and makes legal decisions for the minor.

Q; I don’t have custody of my child, but I want it. How do I begin the process?

To keep it simple, you would need to simply file a petition for custody and visitation in the Juvenile Court of the jurisdiction that you have been residing in for the last 6 months.

FAMILY LAW: DIVORCE

Q: What types of divorces are there?

There are generally 2 types of divorces: contested and uncontested. An uncontested divorce is one where all the issues between the parties are resolved. A contested divorce is one where one or more issues exist between the parties and must be resolved by a judge at trial.

Q: What is the difference between an annulment and a divorce?

An annulment is a request to essentially erase a divorce. A divorce is a process that legally terminates a marriage. A divorce, unlike an annulment, does not erase the fact that the marriage existed.

Q: When getting a divorce, do both of us need separate divorce attorneys?

Yes. Attorneys are generally, ethically prohibited from representing both parties in a divorce.

Q: What is the cheapest and easiest way to get a divorce?

The cheapest way to get a divorce is to proceed forward as an uncontested divorce.

FAMILY LAW: ESTATE PLANNING

Q: What is a trust?

A trust is a document that creates a relationship with another person (let’s say, “John”), that allows John to hold on to assets for another individual (let’s say, “Sally – your daughter”). Trusts are usually not subject to probate, which means you receive greater savings on the assets within the trust.

Q: How do I know if I need an estate plan? Why is this important?

Everyone needs an estate plan! This isn’t often said about legal matters, but estate planning is absolutely necessary. Without an estate planning document, everything you worked all your life for could be washed away through legal processes and lost to the county, instead of having everything being passed to your family and friends.

Q: What is a living will and why do I need one?

A living will (not to be confused with a revocable/irrevocable trust) is a document that addresses life preserving issues in the event you require life support. A living will becomes when you are not able to make decisions on your own.

Q: What is a 'simple' estate plan?

A simple estate plan is usually a plan for individuals that do not have a substantial amount of assets and accounts (usually less than 1 million dollars).

TRAFFIC OFFENSES

Q: What is the difference between a DUI and a DWI?

< p align=”justify”>A DUI means “driving under the influence (of some substance)” and a DWI means “driving while intoxicated (with alcohol)”.

Naturally, a DWI presumes there was some unlawful driving behavior due to alcohol being involved, whereas a DUI presumes there was some unlawful driving behavior due to an illegal substance being involved.

Having said that, in Virginia, it is very common to refer to alcohol related offenses as DUIs, which are more commonly used.

Q: What is reckless driving?

Reckless driving is a very common criminal charge, but a charge that carries significant ramifications.

Most individuals don’t pay too much attention to this charge, but they do not realize the classification of this charge is a Class 1 Misdemeanor (the same classification as a petit larceny, possession of marijuana, assault and battery, etc.).

As is commonly said, “a class 1 is a class 1 is a class 1” — meaning, do not be misguided that a charge doesn’t “sound bad” when the reality is that it is.

In Virginia, reckless driving can be by speed or simply by driving behavior. If you find yourself asking if it’s worth hiring counsel, it would be smart to consider it.

Q: Do you have to be drunk to get a DUI?

In you are driving in Virginia, are over 21 and have a blood alcohol content of .08 or higher, you will be arrested and charged with a DUI.

If you are under 21, regardless of your blood alcohol content, you will be arrested because of Virginia’s zero tolerance law.

Q: If I am driving, what might cause an officer to pull me over for drunk driving?

You could be pulled over for any number of traffic violations such as a broken tail light, etc — but also for bizarre driving behavior, for example, swerving, running a red light as determined by a police officer.