About Tim Kelly, J.D.
Tim Kelly is a graduate of Mitchell Hamline School of Law in St. Paul, Minnesota. A writer by trade, Tim worked for years in retail copywriting before serving as an entertainment journalist both online and in print. As a journalist, he was quoted by the New York Times, CNN.com, and EW.com; and saw his written work published in the World Film Locations series of books. In 2017, he shifted his focus toward the legal industry, with an emphasis on small business law. Tim currently writes for SuperLawyers.com and lives in the Twin Cities, where he enjoys being a husband and new dad.
Articles written by Tim Kelly, J.D.
How To Find the Best Drug Charge Defense Attorney
Find the best drug defense attorney by finding a lawyer with a drug practice focus in your local area. Get referrals before an initial consultation to evaluate the attorney's trial record, bar standing, drug case experience, and local court knowledge. Ask the attorney for a case assessment and their familiarity with prosecutors, defense strategies, suppression experience, and diversion knowledge. Before signing an engagement letter, find out about the fee structure, including hourly rates, flat …
Federal Drug Crimes and Penalties
Federal law imposes severe penalties under sentencing guidelines for drug trafficking, drug manufacturing, and possession with intent to distribute charges. Trafficking in a controlled substance carries statutory penalties, and federal prosecutors impose mandatory minimums for federal prison time. Sentencing factors include drug scheduling, criminal record, quantity thresholds, drug conspiracy involvement, and contributing to DEA investigations. If you are facing asset forfeiture or felony …
Child Custody Tax Issues: Who Claims a Child on Taxes?
A parent meeting the age test, relationship test, support test, and dependent test claims the child tax credit using IRS Form 8332. Under the residency test, the custodial parent with the majority of nights spent with the qualifying child claims the credit. For joint custody, the IRS tiebreaker goes to the parent with the higher Adjusted Gross Income (AGI). Parents can sign a written waiver in the divorce decree or separation agreement for the noncustodial parent to claim the credit. Depending …
Do I Need a Lawyer for Child Custody Issues?
You need a lawyer for child custody issues involving a contested custody evaluation where mediation and negotiations are not working, or there are issues of domestic violence. An attorney is a better option than self-representation in contested custody agreements or court filings to show that you represent the best interests of your child. A lawyer can help with evidence gathering in a relocation request, interstate custody dispute, or making modifications to parenting plans. When custody of …
How To Get Custody of the Dog
To get custody of a dog, you must come to a sole ownership settlement agreement with your ex or file a custody petition with the divorce court. Most family court jurisdictions treat pet custody under personal property laws and divide pets as part of property division in a divorce decree. In a pet custody dispute, you can show you are the primary caretaker with witness testimony, veterinary records, breed registry papers, and adoption paperwork. Divorcing couples can also go through the …
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