Questions Answered by Ali Shahrestani, Esq.

Q: If Someone Owes A Bookie, Is This Person Legally Obligated To Pay? And Would If The Bookie Decided To Track This Person?

1 Answer | Asked in Entertainment / Sports for California on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
Was this a legal bet or part of illegal gambling activities? If you're facing assault or worse, you can report this to the police. If you're guilty of illegal gambling as well, you might face related criminal charges yourself. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my...

Q: What do I need to do if the other parent of my child has mental, anger & verbal abusive behaviors, with no evidence.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
Have you filed for child custody and visitation orders? Typically in such requests, you can state your facts, observations, and attach related declarations from witnesses attesting to these allegations. Are you in divorce proceedings already? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...

Q: Should I file something to request more statements? Or wait till first family resolution conference? (details below)

2 Answers | Asked in Family Law for California on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
You may need to file a related discovery motion to compel further discovery. Have you reached out to opposing counsel to request more thorough replies? There are procedural rules that are related to filing such a motion. You may consider limited scope representation as an option that is more budget friendly if you're pro se due to financial reasons. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such...

Q: Hi, I am interested in knowing if I am eligible for resentencing under prop 47 and sb 180 in my criminal case.

1 Answer | Asked in Criminal Law for California on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
See: https://myprop47.org/change-my-record/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...

Q: I was arrested for the following when I was 12.. I am now 26 and recently made contact with the attorney

1 Answer | Asked in Criminal Law, Juvenile Law and Military Law for California on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
CA Penal Code 17b relates to reductions of crimes for juveniles, depending on the circumstances. See: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=17.

As for information in a background check, typically such checks uncover all arrests that are publicly listed; but it depends on the thoroughness of the background check and the entity running the check. As for whether it will preclude you from a particular job with the US government, for...

Q: You My wife got married to this guy in the same county we did. How is this possible, and what can I do about it?

1 Answer | Asked in Family Law for California on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
If both marriages were legal marriages with marriage certificates filed with the County, you can report the crime of bigamy to the police. You can also consider filing for divorce. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...

Q: I have a court date soon regarding order of protection I filed against mygranddaughter. Can court appoint lawyer for me

1 Answer | Asked in Family Law and Elder Law for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
Courts don't appoint family law attorneys in such cases. Some NY legal aid societies may be able to help you find a cost effective or pro bono lawyer in restraining order matters. You may consider hiring an attorney, and limited scope representation may be a good choice if you're on a budget. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,...

Q: regarding false arrest

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
An investigator may be able to help you with the license plate numbers, or alternatively you can request public records via the DMV. As for false arrest or defamation of character, you might be able to sue if the facts support your allegations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...

Q: Can anyone else sign a court order other then the ordering judge.

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
Who else signed the order? Was it a magistrate or judge pro tempore (they are able to sign orders)? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...

Q: How do I go about finding out what some one was originally arrested for?

1 Answer | Asked in Criminal Law for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
See: https://www1.nyc.gov/nyc-resources/faq/377/how-do-i-get-a-copy-of-a-police-report

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts,...

Q: So my nephew, was threatened to be beat up by some online bullies, can they be charged with some kind of criminal law?

1 Answer | Asked in Criminal Law for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
Your nephew is 11 months old? You can report crimes of assault to the police, and you may have a basis to sue for damages in civil court as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC...

Q: Can an artist draw a picture from said photograph as in for a coloring book ? Is that still copywriter infringement?

1 Answer | Asked in Copyright and Intellectual Property for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
If your drawing is a near or exact copy of another's art work, that sounds like copyright infringement. There are a few defenses: https://www.lib.purdue.edu/uco/CopyrightBasics/exceptions.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...

Q: Does a solider in the army in afaganatain have to pay money to get out of his contract

1 Answer | Asked in Contracts for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
There are very few ways to receive an early discharge from military service, and payment is not one of them. If the soldier is up for retirement, then what's the problem? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in...

Q: I'm looking for a business law lawyer who understands US & China law.

3 Answers | Asked in Contracts and Business Law for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
You'll need a lawyer who is licensed in both jurisdictions (rare), or two lawyers. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal...

Q: Hi, its been more than 8 month and my divorce lawyer is not able to serve notice to my wife.

1 Answer | Asked in Divorce for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
If you're dissatisfied with the pace or rigor of representation, why not hire a better lawyer? 8 months of delay for service is ridiculous. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...

Q: I am under court order to pay child support plus arrears. I may have to move out of state for employment. What is laws?

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
I see no reason or general legal basis to prevent you from moving anywhere you want, as child support orders require specific payments on a monthly basis. Why not stay in state and file for additional parenting time? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...

Q: What do I have to do in order to have my maintenance that was awarded to me at trial extended? Nassau County, NY?

1 Answer | Asked in Divorce for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
You say you agreed to the settlement, so I see no way to dispute it by claiming that it was involuntary, if that is what you are implying. If you're seeking to appeal the decision, there are strict deadlines that apply: https://www.nycourts.gov/courts/nyc/family/faqs_appeals.shtml. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...

Q: How do I file for divorce

1 Answer | Asked in Family Law and Divorce for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
Is your case in MA or NY? You can consult with the self-help information on your state court website re: how to file for divorce. Alternatively, you may want to hire an attorney via limited scope representation if you are on a budget. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...

Q: Hi this is Jim. My divorce has been final for four years. I live in Sonora California. I did my own divorce.

1 Answer | Asked in Divorce for California on
Answered on Feb 1, 2019
Ali Shahrestani, Esq.'s answer
If there was no court order to sell the house, you may have to file for partition to be able to do so, unless you can negotiate a resolution. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in...

Q: supervised visits have been revoked due to cancellations. Can parent with physical custody alienate child. 50/50 legal

2 Answers | Asked in Divorce, Family Law and Child Support for California on
Answered on Feb 1, 2019
Ali Shahrestani, Esq.'s answer
If a court order requires equal custody and the other parent is violating that order, you may have a basis to file a motion for contempt of court order and a motion to modify the custody as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...

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