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Questions Answered by Ali Shahrestani, Esq.

1 Answer | Asked in Entertainment / Sports for California on

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

The person is down $3500 and doesnt have the money to pay, this person is scared that if he cant pay, that the bookie would come after him. Is this legal? What should This Person do if he cant pay at all? And how can he stay safe after letting the bookie know?

Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on

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

I have life experiences with this parent that indicate these behaviors and other people who have experienced it as well.

Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

2 Answers | Asked in Family Law for California on

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

Hello, I have filed my declaration of disclosure, I've attached my bank statements, checking, savings, stocks, 401k etc.

Now I've received declaration of disclosure from my Wife's attorney who attached tax, w9s but no bank statements of any sorts, (no checking, savings, 401k) on FL150 form... Read more »

Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

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1 Answer | Asked in Criminal Law for California on

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

I was convicted of 11378 and 11370.2 (c) in 2014. My prior was from a 1990 case. I have no violent crimes. I was sentenced 3 years for my prior and 2 years for 11378.

Ali Shahrestani, Esq. answered on Feb 4, 2019

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...
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1 Answer | Asked in Criminal Law, Juvenile Law and Military Law for California on

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

that represented me in juvenile court. He suggested and is confident we can successfully unseal my record, file a motion to reduce all felonies to misdemeanors, file a secondary motion to have the case dismissed by a judge, and re-seal the record. By doing so, will that make me eligible for... Read more »

Ali Shahrestani, Esq. answered on Feb 4, 2019

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...
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1 Answer | Asked in Family Law for California on

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?

Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

1 Answer | Asked in Family Law and Elder Law for New York on

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

Do i need to have a lawyer when i go to hearing for order of protection I filed against granddaughter. Can court provide a lawyer for me?

Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for New York on

Q: regarding false arrest

i was wrongly accused by a neighbor and falsely arrested, i have that neighbor on camera falsely calling 911 even though the cases have been dismissed they continue to threat me. i want to sue so they can at least stop targetting me, 1-how can i get the police to investigate because i walk around... Read more »

Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New York on

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

I'm a pro sae litigator as I have had to take my "family" court case to the federal court. Administrator Joan Posner ( family court is in fact a private for profit contract business.) How can I file a lawsuit against

Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

1 Answer | Asked in Criminal Law for New York on

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

Ali Shahrestani, Esq. answered on Feb 4, 2019

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,...
Read more »

1 Answer | Asked in Criminal Law for New York on

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

my nephew is 11 months to be exact.

Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New York on

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

Ali Shahrestani, Esq. answered on Feb 4, 2019

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...
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1 Answer | Asked in Contracts for New York on

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

He is retiring from the army also

Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

3 Answers | Asked in Contracts and Business Law for New York on

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

I'm looking for lawyer who understands the international law between USA and China. I have friend who run manufactory in China and I helped him getting vendor in USA one of large supper market, they have been working with supper market for few years now, I have helped them oncommunication in... Read more »

Ali Shahrestani, Esq. answered on Feb 4, 2019

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,... Read more »

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1 Answer | Asked in Divorce for New York on

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

Hi, its been more than 8 month and my divorce lawyer is not able to serve notice to my wife as she is intentionally dodging the service. He has not even able to get court permission for motion of publication. Also, i have a strong feeling that he is lying to me , he is not providing me the copy of... Read more »

Ali Shahrestani, Esq. answered on Feb 4, 2019

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.... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on

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?

I am noncustodial having paid my support plus arrears until lose of job. I have filed for modification to have relief of support until employed. Can NYS force me to stay in NYS, and can court date be expedited because of move to earlier date

Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

1 Answer | Asked in Divorce for New York on

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

The trial was cut short because the judge was no longer going to be a judge due to a 5 million dollar cut to the Nassau County budget. We were in the middle of trial when this happened. I was told that i could start again with a new trial but because I didn't have the money my attorney advised me... Read more »

Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

1 Answer | Asked in Family Law and Divorce for New York on

Q: How do I file for divorce

Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

1 Answer | Asked in Divorce for California on

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

The divorce does state the property will be sold. It does not say when and that’s what the x is stating she does not want to sell it now. Can I force a sale so I can get my equity and move on with my new wife.

Ali Shahrestani, Esq. answered on Feb 1, 2019

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.... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for California on

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

Is he allowed to keep my daughter alienated from me if we share 50/50 legal custody

Ali Shahrestani, Esq. answered on Feb 1, 2019

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... Read more »

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