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Questions Answered by Ali Shahrestani,
1 Answer | Asked in Criminal Law for Massachusetts on
Q: got caught with inositol and charged with class b narcotic possesion tested it and said was fake waiting on summons
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

If drug tests conducted by the police department and its labs show that a person was not in possession of any illegal drugs, then that would typically not result in a related drug possession charge. If a related charge is brought, then such negative lab results would make for good evidence. More... View More

1 Answer | Asked in Real Estate Law, Consumer Law, Civil Litigation and Elder Law for Massachusetts on
Q: Can assessment of damages hearing be brought by condominium assoiation under rule 55b2 if no default?

Condo Association was denied preliminary injunction for rules violation in hearing 11/ 9/16. In Summary Judgment Hearing 11/9/17 Count I re violation was denied but allowed Count II for assessment of damages hearing. They applied under rule 55(b)(2) with Issuance of Notice to Sell (per MGL c.254... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

One concern may be whether her assets are going to be the subject of a lien and collections efforts. Another concern would focus on her estate after she passes: would judgment creditors seek reimbursement at that time? More details are necessary to provide a professional analysis of your issue. The... View More

1 Answer | Asked in Health Care Law and Intellectual Property for New York on
Q: Could you tell me which inventor would be the primary on the project? It is just whoever is listed first?

I am conducting a research report on the patented product and need to find who would be the best expert witness on a hypothetical case wherein the product may be scrutinized in a medical malpractice case.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

The inventor of the patent is named under the patent information on the USPTO webpage, and where there are multiple inventors they are typically listed in order of primacy. E.g, see: https://patents.justia.com/company/tesla. This answer does not constitute legal advice; make any predictions,... View More

1 Answer | Asked in Child Support for New York on
Q: My daughter is 29 now and I never collected child support from her father. Can I collect it now? He lives in NYC now.

My daughter's father was not in the US and never sent me or gave any money to support her. Now, he is in the US but my daughter is already 29. Can I collect all the child support that he never gave me?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

Was there a prior child support order issued by a court when the child was a minor? Was the father served with that order? If so, did he ignore or otherwise violate the order? If yes to all these, then you may have a case to pursue him for contempt of court order, and you may report this to CPS for... View More

1 Answer | Asked in Education Law for New York on
Q: Are school officials allowed to communicate with parents of students who are 18+ about behavior or grades?

These students are legal adults and I know from experience that doctors may not communicate with parents without written consent. I am wondering if school workers can.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

Great question. Private schools might operate via contracts and consent forms. Public schools operate under statutory law, and in NY the age of majority is 18. Thus technically, absent a consent waiver to communicate with others, public school administration and faculty should be communicating only... View More

3 Answers | Asked in Personal Injury for California on
Q: Is a city/county responsible for injury (fractured ribs) due to rutted sidewalk while on a bicycle?

Riding a road bike on sidewalk (no marked bike lane) at day, dry weather, my front wheel hit and stuck on a rutted section of sidewalk pitching me over bike handlebars resulting in fractured ribs and concussion.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

Statutes of limitations on complaints against cities are short, so acting quickly may be required. See: http://www.courts.ca.gov/9618.htm. You may have a case against the city for negligence, and they may also try to claim that you were partially at fault for not avoiding the hazard. More details... View More

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2 Answers | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: In a divorce case with 2 children ages 6 and 10, will the judge force the father to work to his fullest potential?

What if the father has a history of gambling?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

No judge can force a parent to work, but they can certainly make custody and support decisions based on income, work efforts, gambling, availability to the kids, and other factors. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

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1 Answer | Asked in Uncategorized for New York on
Q: Could someone be held legally liable for someone else’s suicide?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 7, 2019

There have been instances where another person participated in the suicide and thus faced murder charges. 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 Family Law for New York on
Q: Is a proposal to the NYS family court , signed by both parties and the Child law Guardian legally binding?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 7, 2019

Typically child custody or child support orders must be signed by a judge in order to be valid. Is the Child Law Guardian a Special Master with powers granted by the judge to make child custody decisions? See: https://www.nycourts.gov/courts/nyc/family/faqs_custodyandvisitation.shtml

More...
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1 Answer | Asked in Trademark for New York on
Q: Is it possible to register a trademark like Dr. Collingsworth neither being a doctor nor being named Collingsworth?

Trademark law

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 7, 2019

See: https://smallbusiness.chron.com/legal-trademark-persons-name-61523.html

Also, be wary of false advertising, e.g., misleading the public about being a doctor.

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...
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1 Answer | Asked in Landlord - Tenant for Washington on
Q: Is it legal for your landlord to come over without giving notice& unlock the door and let himself in?

Once a landlord gives you a three day notice but the reason you’re not paying rent is because of on habitable conditon

On the third day of the notice to your landlord comes over for some unknown On the third day of the notice to your landlord comes over for some unknown reason knocks on... View More

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

Typically landlords must give reasonable notice prior to entering a home for a valid reason. This may have been properly effectuated, but your facts are a bit vaguely stated. The bigger issue seems to be the delayed repairs to the home during a mold infestation. Why are you still in the home rather... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: Tenant was evicted by court order. Her property was put in the right of way. HOA removed her property and is billing me.

Can HOA do this?

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

What do you mean "was put in the right of way" and "removed her property"? Are you referring to personal property that was thrown out of the home after the tenant was evicted? Are you the home owner? If your tenant's belongings were thrown into the street by the sheriff and... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Libel & Slander for Massachusetts on
Q: Nolle Prosequi

The prosecutor filed a Nolle Prosequi in a case i was the defendant in. Can I file a civil lawsuit against the plaintiff for filing a false report against me? I live in Massachusetts, thank you

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

What is the basis for the prosecutor's decision to withdraw the complaint against you? Were you defamed or otherwise wrongfully prosecuted? 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... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: Unable to see our great granddaughters. Father is not responding to our calls to see them.
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 3, 2019

You may seek visitation rights via court filings. Why are the parents not letting you see the kids? 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 Family Law, Libel & Slander and Sexual Harassment for Massachusetts on
Q: What type of lawyer am I looking for?

My boyfriend of 4 years has been living a double life and has a one year old child with another woman. He’s been using me financially, borrowing over $25k over the course of our relationship. I have PayPal transfer receipts and written promises of repayment, fraudulent reasoning for why he needed... View More

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

You may have a case for breach of contract for the loans. As for the allegations of infidelity, you may want to contact the other woman via counsel. As for allegations of child endangerment of some sort, it depends on the facts. And do you need a restraining order for some reason? More details are... View More

1 Answer | Asked in Education Law for New York on
Q: is it possible for say a judge to force someone who is 17 years old to go to school
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 3, 2019

See: https://www.schools.nyc.gov/school-life/rules-for-students/attendance

Also see: http://www.p12.nysed.gov/sss/pps/educationalneglect/

"Per Part One of Article 65 of the New York State Education Law, Section 3205(1)(c), the following age requirements apply:

A child...
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1 Answer | Asked in Constitutional Law and Criminal Law for New York on
Q: If the police give you a search warrant but when they produce it in court its a different warrant is this legal
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 3, 2019

No, the warrant they actually used should be the warrant submitted as evidence of the lawful search and seizure. 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,... View More

1 Answer | Asked in Criminal Law for New York on
Q: I passed a few vehicles and a few miles down the road a sheriff was waiting for me.

I passed a few vehicles and a few miles down the road a sheriff was waiting for me. He did not witness me violating any traffic laws but still pulled me over with the only reason being that one of the civilian cars I passed called the sheriff saying I was speeding. I did not admit to it, he... View More

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

I don't hear anything illegal about the stop if there actually was a report made about your car allegedly speeding, as that would qualify as reasonable suspicion. To verify whether such a report was made, you may subpoena such evidence if you challenge the ticket. As for the AUO, if you can... View More

1 Answer | Asked in Contracts for New York on
Q: I would like to break out of my college housing contract because of the horrible 2nd hand marijuana smoke. Is this poss?

I'm in a year housing contract with a private New York college. I want to break out of my housing contract because the second hand smell of marijuana is creating unacceptable living conditions and arising many health concerns. The school has a strict no smoking policy inside the dorms. I have... View More

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

Filing a grievance may be necessary if the administration refuses to cooperate with your request. 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 Civil Litigation for California on
Q: What is the Statute of Limitations timeframe regarding a fence dispute between neighbors?

Our neighbors removed our shared fence in December of 2016 and replaced the fence with an eight foot tall fence (which is illegal in Santa Rosa) on their property in January 2017. They never mentioned cost sharing or an estimate for work, they only asked for our cooperation since we have a dog. In... View More

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

See: http://www.courts.ca.gov/9618.htm. Given the statutes of limitations that may be applicable re: property matters, contractual matters, and related torts, you are best advised to move quickly to seek legal counsel. More details are necessary to provide a professional analysis of your issue. The... View More

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