Questions Answered by Ali Shahrestani, Esq.

Q: I want to drop charges against my husband not produced the case for penal code 591.5 I think. I was so upset.

1 Answer | Asked in Criminal Law for California on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
The DA's office decides whether to bring or drop charges. If you're a material witness, you might be subpoenaed by the DA to participate in the trial. You can contact the DA's office to discuss your options, preferably via counsel. 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...

Q: How many days before a trial does my ex have to produce his witness and subpoena list

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
The judge typically provides those deadlines via court orders well in advance of the trial, e.g., at the pre-trial conference. 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...

Q: I was molested as a child im 29 now is there anything i can do about the person who molested me after all theas years

1 Answer | Asked in Criminal Law and Sexual Harassment for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
See: http://www.ncsl.org/research/human-services/state-civil-statutes-of-limitations-in-child-sexua.aspx. Apart from statutes of limitations in such issues, evidence is particularly tricky after such a long time, particularly in sex abuse cases. Also see: http://www.waer.org/post/nys-group-pushing-vote-bill-allow-child-sex-assault-victims-sue-years-after-crimes - You might want to work with the group pushing for such statutory changes. Also, therapy can be helpful.

More details are...

Q: can card game ideas be patented?

1 Answer | Asked in Intellectual Property for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
You may need to first consider whether you need a copyright, patent, and/or trademark, as a card game can conceivably involve different types of intellectual property rights. It's crucial to ensure you've done your research on similar products to determine whether you are violating any others' IP rights, 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,...

Q: You dream it, we build it Can I use this for my construction company as a slogan?

1 Answer | Asked in Business Law and Construction Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Assuming you don't violate any Intellectual Property rights if others have copyrighted this phrase, and assuming you don't falsely advertise your services and note clearly in contracts and on your website that this slogan is not a literal promise, it might be a useful slogan. 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: Ex wife hasn't paid child custody & maintenance last 2 mos. Can I file contempt myself without lawyer successfully?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Nobody can offer you predictions. Have you considered hiring a lawyer via limited scope representation? If that too is not affordable, then you may want to spend ample time at your local law library researching how to proceed with your action. The NY Courts website also has some forms and self help resources. 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...

Q: How does my husband go about getting a pro bono appeals lawyer?

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
You can search the internet or contact the NYC Bar Assoc for referrals to legal aid organizations and criminal justice innocence projects that offer criminal defense appeals work. 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: What if a 17 year old threatens a 15 year old at school and the school does nothing?

1 Answer | Asked in Juvenile Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
The 15 year old child (or the parents thereof) can report the matter to the police as assault (i.e., threat of battery), and the parents can file a complaint against the school. The parents of the 17 year old might also be sued for civil assault for the torts of their minor child. 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: Am I obligated to return it or at any risk of any legal actions being taken against me?

1 Answer | Asked in Constitutional Law for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
You describe the money as a gift. Were there conditions to which you agreed in exchange for the funds? 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: My neighbors dog keeps doing his duty on my lawn even though I've asked him not to. What can I do?

1 Answer | Asked in Civil Litigation for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Perhaps a cease and desist letter from a lawyer may be the best first step, otherwise you might consider suing for trespass though that may be drastic. Have you considered a fence? 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: We need to set up an LLC for our business. What type of lawyer do we use for that? What is the average cost to do so?

1 Answer | Asked in Business Formation and Business Law for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
A business lawyer such as myself handles such issues as business formation, but it's key to also consider having a lawyer draft crucial contracts that you may need in dealing with employees and other 3rd parties, review your business for compliance with related laws, consider Intellectual Property issues, draft Partnership agreements, and offer some litigation prevention strategies. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...

Q: Can I get my neighbor to pay for damages to my basement due to his water heater leaking?

1 Answer | Asked in Real Estate Law and Small Claims for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
You may be able to sue the neighbor for negligence and/or trespass in small claims court. See: https://www.mass.gov/small-claims. 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...

Q: Signed contract is dated a year out 11/19 for an agreement today 1/19. Is it valid? Or may we cancel with no violations?

1 Answer | Asked in Contracts for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
If she is not performing the duties under the contract, that might qualify as breach of contract. It's key to have a lawyer review the contract. 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: Does an employer have a right to terminated your employer due to unsatisfactory work performance and gender?

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
It's illegal to discriminate based on gender, but I'm not sure I hear evidence relating to that in your question. 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:...

Q: Can a Landlord charge one price for parking in the parking garage and extra if you want a designated spot?

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
I don't see a problem with offering that additional service, so long as it doesn't violate any possible contractual right you might have to park your car in an available space for $25/mo assuming you were told you would definitely be provided a spot (though not a dedicated spot). 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: I filed for contempt on my daughters’ father for non payment oc child support. What will happen at this hearing?

1 Answer | Asked in Child Support for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Are you represented by counsel? That's a good idea to be. Nobody can offer you predictions, but you and the opposing party will be asked to plead your case and submit evidence re: contempt. Intention is also a key element, be forewarned. 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: Signed a contract with wedding planner for an amount, she didn't do good job, can we insist to pay on first agreed pay?

1 Answer | Asked in Business Law, Contracts and Employment Law for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
You might have a basis for contesting her fees, e.g., breach of contract by failure to perform her agreed duties. It's key to review the contract and all the related facts. 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...

Q: How restrictive is non-solicitation contract language as a marketing professional moving from full-time to independent?

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Employees cannot violate the Intellectual Property rights of the company, including using any company client lists in their own professional pursuits. As for limitations on the non-compete clause, that depends on the facts, e.g., when it was signed, consideration received in exchange, time/ geography limits, and other factors. See: https://www.mass.gov/info-details/massachusetts-law-about-noncompetition-agreements. More details are necessary to provide a professional analysis of your issue. The...

Q: My tuition remission was revoked when my dad was suddenly laid off. Without it, I will drop out of school. What can I do

1 Answer | Asked in Education Law, Contracts, Employment Law and Employment Discrimination for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Perhaps your father might have a basis for an employment law complaint, but that really depends on the facts leading to his termination. Also it would be useful to know when your remission was cut off - mid year or after the full year, as well as the contractual terms of the remission benefits. 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: wife moved out 2 ago and is still on title to the house. Is it trespassing for her to enter the without permission

1 Answer | Asked in Divorce and Family Law for California on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
What is the status of the divorce and the community property division? Are there any related restraining orders or property division 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...

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