Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Ali Shahrestani,
1 Answer | Asked in Divorce for California on
Q: My husband just beat me up, he just got bailed out, and I need a divorce. Is there lawyers who do pro bono work?

My husband and I are separated, he asked to speak with me, I went outside to talk to him we argued, he proceeded to upper cut me and tried to get me in the car, I jumped out fearing for my life he went after me, beat me to the floor than took off his belt and started whipping me with it. By the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 2, 2019

You can reach out to legal aid centers or the bar association in your county to ask about pro bono services. You can also consult with the CA Courts website for self-help divorce forms: http://www.courts.ca.gov/formsrules.htm. More details are necessary to provide a professional analysis of your... View More

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: Can a 20 year old girl date a 16 year old guy? How is that viewed? f they were to get physical could the girl go to jail
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 2, 2019

Sex with a minor in CA is a crime, as consent by a minor is invalid. 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,... View More

1 Answer | Asked in Uncategorized for California on
Q: I was charged out of state tuition in January of 2018 when I was a in state student. I didn't notice till August that I

was being overcharged. I let Fresno state know that I was a California resident for years. They fixed my status and refunded me for the August semester but they refused to refund me for January's semester. They told me since that semester was over I could not request for a refund even if it... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 2, 2019

You may need to immediately file an administrative grievance with the school for the appropriate tuition adjustment. Note that the statute of limitations for complaints against public entities is very short, so time is of the essence. See: http://www.courts.ca.gov/9618.htm

More details are...
View More

1 Answer | Asked in Family Law and Child Support for California on
Q: Friend's teenage son got teenage girlfriend pregnant. Who is responsible for child support?

Hello,

This question is for a friend of mine. Her name is April. She and her husband live in California and have a teenage son (15) who just got his girlfriend (16) pregnant. She is uncertain about what her and her husband’s legal responsibilities are regarding child support. She sought... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 2, 2019

Sex with a minor is a criminal offence in CA, as consent is invalid for minors. As for child support, her parents/ guardians and counsel may help her file for custody and child support after the child is born. He would be the named respondent, and he may respond with the help of counsel and his... View More

2 Answers | Asked in Civil Rights for California on
Q: I am studying the Supreme Court case of Schenck vs U.S. Where would I find legal precedents if I am arguing for Schenck?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 2, 2019

WestLaw or Lexis are great tools to use and often are freely provided at your local county law library. There are also legal research books at the law library if you want to go retro. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

View More Answers

3 Answers | Asked in Criminal Law for California on
Q: Is it still self defense if you've already committed a crime. Stole then maced manager for following me out parking lot

I was found off property and wasn't identified by victim but was by officer who watched tape. Stolen property was found near my location but not on me. I got charged with a robbery and assault. Is that right? Am I guilty?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 2, 2019

You shouldn't discuss facts related to a criminal charge in a public venue. You may be charged with theft and aggravated battery (mace). 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.... View More

View More Answers

2 Answers | Asked in Traffic Tickets and Criminal Law for New York on
Q: I was pulled over in nys last night for speeding and marijuana possession

pulled over by nys trooper for speeding.after smelling marijuana in the car I openly admitted to having some in the car and said where it was. I was never placed under arrest or anything instead the officer asked me to sit in his patrol car with him while he filled out the ticket and summons and he... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 3, 2019

If he threw out the drug paraphernalia, then obviously that cannot be entered as evidence against you; yet it appears you admitted to possession while driving a car. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

View More Answers

1 Answer | Asked in Divorce for California on
Q: I case of a divorce of a California marriage, do I need to share with my ex what I got during the marriage and/or before

I possess an apartment that I bought before the marriage, as well as an inheritance.

If I buy an appartment during the marriage, will I have to share the benefits after the divorce?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 27, 2018

Have a look at the definitions of Separate vs. Community Property and the divorce related financial disclosure requirements. This should answer some questions. See: http://www.courts.ca.gov/1039.htm. As for rents and proceeds from homes purchased prior to or during the marriage, and as for... View More

1 Answer | Asked in Divorce for California on
Q: Does MSA also need dollar amount of divided assets? All amounts disclosed in prelim disclosures. Noncontested full agree
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 27, 2018

Marital Settlement Agreements benefit from as much specificity as possible, including actual dollar amounts for all assets (which should be fully disclosed in all financial disclosures prior to settlement). More details are necessary to provide a professional analysis of your issue. The best first... View More

1 Answer | Asked in Internet Law for California on
Q: Someone is mirroring my website and content on their own domain. Can I sue them to get them to take it down?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 27, 2018

That sounds like breach of IP rights, including copyright. Typically a Cease and Desist letter is the first step. What damage has been caused to you as a result? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Mergers & Acquisitions for California on
Q: Am I required to give my employees any notice before my company gets acquired?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 27, 2018

Why would you not? Will it not affect their employment? Common decency is a good rule of thumb. 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,... View More

1 Answer | Asked in White Collar Crime for California on
Q: What does wire fraud actually entail?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 27, 2018

See: https://www.justice.gov/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud

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...
View More

1 Answer | Asked in Education Law for California on
Q: I'm an unwed preschool teacher who's pregnant. The parents are unhappy & are pressuring me to resign. Can they do this?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 27, 2018

The key is what the school administration is doing about this. There are legal protections that may apply if you're fired because you're pregnant. See: https://www.dfeh.ca.gov/resources/frequently-asked-questions/employment-faqs/pregnancy-disability-leave-faqs/

More details are...
View More

1 Answer | Asked in Education Law for California on
Q: Can full time teachers open their own companies while teaching in public schools?

This refers to the laws in the state of California. While teaching in public schools, can a teacher own a side business such as a language school, after-school program, child care facility, or tutoring academy?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 27, 2018

I see no problem with that at all, as teachers are certainly permitted to have 2nd jobs. 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,... View More

1 Answer | Asked in Criminal Law for California on
Q: In california, if the ada, in a criminal case, uses excerpts from a witnesses deposition, is that depisition now public
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 27, 2018

If the Prosecutor submits into evidence deposition testimony not under seal, i.e., in a public filing, then barring some exceptional order to the contrary, typically that publicly filed evidence is public. More details are necessary to provide a professional analysis of your issue. The best first... View More

2 Answers | Asked in Contracts for California on
Q: Despite assurances, Contractor failed to complete work on time as agreed upon in contract. Is this a breach of contract?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 2, 2019

Did the contract state that "time is of the essence" or similar language indicating that the completion date is a material term of the contract? What was the cause of the delay? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for District of Columbia on
Q: Habitual Lateness

My landlord have been accepting my late fees and rent late from day one. Can my landlord evict me out

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 26, 2018

Failure to timely pay rent can be a basis for eviction. Why not pay on time? Are you being evicted? 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... View More

1 Answer | Asked in Personal Injury for Washington on
Q: I have had several run-ins with a neighbor's german shepherd. He's been off-leash and aggressive. I've thus far been

lucky to get to my car or my apartment without being bitten but I don't feel safe in my neighborhood and my neighbor gets aggressive when I tell him he needs to have his dog on a leash. Is there any way I can compel him to keep better watch over his pet?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 26, 2018

You can report the matter to the police if he's off-leash on public property, or to the property manager if it's a multi-tenant private property. If the dog threatens you by actually growling and accosting you, you may be able to report this as criminal assault to the police. More details... View More

1 Answer | Asked in Animal / Dog Law for Washington on
Q: what are the laws for dog noise disturbances, and what are the repercussions? Assuming there are levels of offenses.

Looking to possibly buy a new build home with close proximity neighbors. Dogs are outside during the day so who knows what they’d bark at.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 26, 2018

While you may be able to have police issue a summons for a noise disturbance, or while you may be able to bring a small claims action for nuisance law violations, why build there when you suspect potentially unsolvable problems with neighbors? More details are necessary to provide a professional... View More

1 Answer | Asked in Business Law, Civil Litigation, Personal Injury and Sexual Harassment for Washington on
Q: Could a business be sued for reckless endangerment or negligence for not banning a known sexual predator who reoffends?

The businesses are a social dancing venues, and the person in question has been accused of sexually assaulting at least four people, and has a history of consent violations and inappropriate behavior going back many years. The businesses continue to hire this person, knowing his history, and he... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 26, 2018

That business might be sued for negligence by victims of the employee. If the employee has committed any crimes, such as assault, the victim can call the police to report this. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.