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Questions Answered by Ali Shahrestani,
2 Answers | Asked in Contracts, Criminal Law and Traffic Tickets for California on
Q: Do you have to have a license to operate a motor vehicle in California even if you're not using it to commit
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 28, 2019

Yes. See: https://www.dmv.ca.gov/portal/dmv/detail/pubs/brochures/fast_facts/ffdl05. 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

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3 Answers | Asked in Criminal Law for California on
Q: Can a DA subpoena someone and then after they have testified can the DA refuse to relocate them.

Do all subpoenaed witness, have the right to ask to be relocated after they have testified against someone on a homicide case?

I was led to believe by the DA that i had to answer every question when i was up on the stand, i was never informed on having my right to plead the 5th amendment, i... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 28, 2019

When a witness is ordered to appear in court via a subpoena, they must obey that court order lest they be found in contempt of the court order. If you were provided some sort of deal with the DA's office to be put into some sort of witness relocation program, that should have been the subject... View More

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2 Answers | Asked in Criminal Law for California on
Q: can a district attorney deny her own subpoenaed witness assistance after the witness testified?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 28, 2019

See my prior answer to your double-posted 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... View More

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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: On a 187 murder 2nd degree including 4 enhancements one of PC 12021(A) felon/addict poss firearm which gave him 3 yrs

He has the exact charge but this one gives him 8 mns then PC (B)(1) poss of ammunition then the last one is PC 186.22(A) street terrorism ok so now he was given 20yrs +5yrs can they charge him twice or what's going on

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 28, 2019

I don't hear facts re: being charged twice for the same crime, but rather it sounds like this person's sentence was increased due to the 4 enhancements. Why are you referring to a person being charged twice for the same crime? More details are necessary to provide a professional analysis... View More

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2 Answers | Asked in Criminal Law for California on
Q: I was pulled over and arrested for gta. Someone had rented van from uhaul pulled stickers off and rented to me. What now

A friend of a friend rented me a van I was told it was her father's he had rental company and she could get me good deal if I pay her in cash. She was doing same thing for couple other people. I had for couple months then was pulled over arrested told it was reported stolen by uhaul and... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 28, 2019

Your lawyer may try to use these facts as a defense, since apparently you state you had no reason to know about the car being stolen as you were allegedly defrauded by the person renting you the van. You can also report these facts to the police through your lawyer. If you cannot afford a lawyer,... View More

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3 Answers | Asked in Criminal Law and Elder Law for California on
Q: hi my name is tanya i take care of an 88 year old women. her daughter pays all her bills. i suspect fraud with sister

i think the sister is spending moms money and has credit cards in other peoples name with his mothers name on it. please help i have no money for a laywer

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 28, 2019

You can report identity theft, elder abuse, and forgery to the police. 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,... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: Is it required by the mediator in family law to read any documents or declaration before meeting with the parents

I was told by the mediator she did not know if she was allowed to read them and she would have to ask her supervisor?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 29, 2019

If you have a mediator who is not doing her job or doesn't know how to do her job, you can file an objection to the mediator serving in that role if she was court-appointed, or you can cease working with that mediator if you and your ex privately agreed to use that mediator without court... View More

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2 Answers | Asked in Civil Litigation and Personal Injury for California on
Q: If my ex’s business license is expired and I notify his vendor is that business intereference in California.

My ex husband had a catering permit and was working under the table. His catering permits had been expired and he was still working farmers markets. I notified the market of its expiration. My ex would not renew his license and is now suing me for an unlimited civil case for business interference.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 29, 2019

See: https://www.justia.com/trials-litigation/docs/caci/2200/2201/

You can see the elements of the tort in the link above re: Intentional Interference with Contractual Relations. If he legally or contractually needed a catering license to work with the market, and if he didn't have...
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2 Answers | Asked in Child Custody and Family Law for California on
Q: I have filed for modification of child custody and parenting time, there is clear cut Parental alienation

I have filed for modification because over the past 4 years I was supposed to get at least 1 day a week visitation and phone calls to the kids when ever. The visits were always supervised which they weren't supposed to be and it got to a point where I wasn't given them anymore. I bought a... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 29, 2019

You may need to file a motion for contempt if your ex is flouting court orders, and you may need to file a motion to modify child custody. If your ex moved away with your child and without your permission, you may be facing an abduction situation. In that case, you may need to pursue remedies via... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: My uncle was accused for molesting a child and was sentences 14 years. Can this be changed?

They parents, child, and my uncle live in the same household. I know my uncle is not guilty of molestation. He really did not understand what was even happening while court was in session. The parents of that child told that little girl to say everything that was said. I have no idea what was even... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 28, 2019

There are tight deadlines for appealing a criminal conviction, and a criminal appeals lawyer may be able to provide aid here. Was there evidence that was not submitted by the DA's office? Did your uncle's lawyer fail to provide reasonably professional representation? How long has it been... View More

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2 Answers | Asked in Criminal Law for California on
Q: during a traffic stop i found out I had a felony warrant back in 2015 . i didnt even kno i had charges on me.

after my arrest I checked my record & it shows that the DA filed a case on me based on this old man sayin I stole his checks when he didnt remember payin me for cleaning. he has since passed away. anyways I have lived in the same house same small town for 20 plus years. ive been on probation in... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 28, 2019

Since you say you have lived in the same house for 20 years, I wonder why you never learned that you had a warrant for your arrest. This should be investigated by your attorney to determine whether you were properly served with the criminal complaint. Have you been charged with a Failure to Appear,... View More

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3 Answers | Asked in Criminal Law for California on
Q: My 8 yo got hit by a 13 yo can I press charges on him

A few boys in school have been bullying my 8 yo in school. Principal has talk to them and the parents but the boys just keep going at it.what should I do?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 28, 2019

You may need to report any assault and battery not only to the police but also via a written letter through your attorney to the Principal, asking for proper redress. Was the school negligent in dealing with this issue? What was the level of injury sustained by your child? You may choose to also... View More

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can you remove a no contact order and no abuse order that was given by a judge while going through a criminal case?

I am the victim in the domestic violence case, but I do not wish to have the no contact order. We live in separate states and have a very sick child, who just had surgery and will be have another. Surgery soon.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

You may choose to contact the DA's office to inform them of your preferences, and if you so decide, you would be wise to communicate this through your own attorney for your own protection. The DA decides whether to pursue criminal charges, and they may decide to subpoena you to testify against... View More

1 Answer | Asked in Criminal Law and Identity Theft for Massachusetts on
Q: AN OLD FRIEND OF MINE STOLE MY DEBIT CARD AND WHEN I CONFRONTED HER SHE WONT GIVE IT BACK

IF I CALL THE POLICE WILL THEY BE ABLE TO GET IT FROM HER AND WILL SHE BE ARRESTED?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

Nobody can predict what the police will do. If she stole your property, you can report this theft to the police. You would be wise to consider reporting this to your bank to protect your assets. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

1 Answer | Asked in Arbitration / Mediation Law for Massachusetts on
Q: Can I legally perform mediation for divorce from my husband if both of us agree on the terms?

Terms defined would be finances and visitation of my two teenage sons. Could you also suggest any reading resources?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

Mediation involves a 3rd party neutral professional. It seems you're considering a marital settlement agreement via negotiations with the dad. Child custody orders, including child support, should be issued by a Court to be legally valid. See:... View More

2 Answers | Asked in Contracts for Massachusetts on
Q: What does this mean?

The Recipient may terminate this Agreement for their convenience at any time upon providing ten (10) days written notice to the Company prior to the designated appointment date. In such case, the Recipient shall not be entitled to any compensation from the Company

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

Context is key. Have a lawyer review the entire 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... View More

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1 Answer | Asked in Estate Planning for Massachusetts on
Q: My mom passed away, and my cousin said she’d help by making a gofundme to help me pay for the expenses of her affairs...

She used mine and my mother's name multiple times and her image but then did NOT use me (her only child and legal heir) as the beneficiary. She used my aunt, who disagrees with me on what to do with my Mom’s remains. I signed a contract with the funeral home and they said that they would be... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

Have you opened a Probate matter in Court to deal with these burial and other inheritance issues? See: https://www.mass.gov/orgs/probate-and-family-court. It's a good idea to hire an attorney to navigate these issues along with any issues re: the validity of the charitable donations, the... View More

1 Answer | Asked in Business Law for New York on
Q: Golf club membership

Non charitable domestic non profit golf club. The 2018 outgoing President facilitated a board meeting where a 4 yes, 4 abstain (President) and 1 no of entire board of 9 changed the membership dues application age eligible date by 1 day to allow the President’s son to receive a 53% reduction in... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

You can have an attorney review the Board rules and facts related to this incident. It does like a conflict of interest and breach of fiduciary duty at first glance, but more details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with... View More

1 Answer | Asked in Adoption, Child Custody and Child Support for New York on
Q: What rights does a noncustodial father who has paternity of child & wants to file for child support on himself joint cus

What rights does a noncustodial father who has paternity of his child & wants to file for child support on himself to apply for joint custody, can he apply for joint custody without applying to give child support, how soon should he do this and how will it affect his income. He loves his child... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

Child support is ordered at the discretion of the court in compliance with the law and after reviewing the facts on both sides. A parent can file for child custody, visitation, and child support via pleadings submitted to the court and served on the other party. The NY courts website and local law... View More

2 Answers | Asked in Legal Malpractice for New York on
Q: Is it illegal for someone to send demand letters posing as an attorney?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

Yes, it is illegal to pretend to be an attorney. 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... View More

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