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Questions Answered by Ali Shahrestani,
2 Answers | Asked in Criminal Law for New York on
Q: Can I go to jail an do time instead of paying for the fines then finds would be expunged
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 3, 2019

In some minor misdemeanor cases, a judge may offer you the option of paying fines in installments or even reducing fines; otherwise jail may be the only option. Expungements are a different matter altogether, as NY does not expunge convictions. See:... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: If you have had a past arrest of d.v. And went through all of the court stipulations and the court dropped it.

Can they bring it back up on a new charge of dv? Even thou it was dropped

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

Was the past DV case dismissed in lieu of prosecution pending successful completion of probation terms? Or were you found guilty of the prior DV charge? Are you currently denying in this case any past history of DV? More details are necessary to provide a professional analysis of your issue. The... View More

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1 Answer | Asked in Real Estate Law for California on
Q: How long to repair furnace in california when it's getting on the 20s at night? Contacted property manager daily.
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 3, 2019

You should be provided a space heater during the repair period, and the HVAC should be fixed as soon as possible. Otherwise, you may be able to claim that your home is uninhabitable and that the landlord has breached the contract if the fix period is unreasonably delayed. In such event, you might... View More

1 Answer | Asked in Family Law for California on
Q: what kind proof do I need to get a restraining order and how do i get revealing photos and videos confiscated?

An ex that didn’t like that I didn’t take him seriously is trying to ruin future relationships by extorting me with revealing videos and photos. He's not asking me for money, he just wants me to keep in touch with him but i don't want to. He doesn't want to leave me alone.

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

You can file a request for a restraining order, and you can report any crimes such as extortion or revenge-porn to the police. You may be able to also sue for an injunction to prohibit publication of the media and for tort-based damages re: civil extortion. More details are necessary to provide a... View More

3 Answers | Asked in Estate Planning, Family Law, Civil Litigation and Civil Rights for California on
Q: If a suicide note states that everything is to be given to a specified non-relative, can it be contested?

Recently a friend of my husband and I attempted suicide and is currently in the hospital in the ICU in California. He left suicide notes with his instructions on where he wants his stuff to go. He specifically and verbally declared he doesn't want his parents to get anything. He has been... View More

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

I think the primary concern not addressed here is the legal ability to challenge the validity of the will based on the mental/ emotional stability of this man at the time he drafted the document. Of course, in the event of any probate litigation, the will would have to be subpoenaed as evidence.... View More

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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: is it a law that police must provide a judge signed warrant during a home raid if the resident requests to see one?

can police smash open a locked reinforced safe without a warrant to do so?

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

Absent extreme circumstances such as imminent public safety threats, a signed warrant would be needed for such a search. 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... View More

2 Answers | Asked in Criminal Law for New York on
Q: Is it possible to prove police set up and how can confidentional informant testimony be reliable

Driving an acquaintance home I was pulled over and removed from vehicle and placed in handcuffs passenger remained in vehicle one officer spoke to passenger then walked back to me and pretended to pull something from my coin pocket

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

These facts are very vague. Reliability of confidential informant testimony is always based on the facts, both facially and contextually. 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... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for New York on
Q: I got beat up, aresst was made my tooth is chipped my neck is swollen I can’t hear well out of my left ear small and ex

Trying to figure out where to go about getting money for medical bills pain and suffering and missed work, it’s been 4 days and I’m going back to er as I’m getting dizzy can’t hear well or swallow and ringing I’m ears and head pain

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

You can report the crime to the police, and if the attacker is found guilty you may receive certain funds from the defendant as part of his/her criminal sentence. You may also be able to sue the attacker for civil damages. More details are necessary to provide a professional analysis of your issue.... View More

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1 Answer | Asked in Divorce for New York on
Q: I am currently separated from my spouse, married for 5 years. He moved out 4 months ago. I am paying all bills.

the home is not in my name, only his. what are my legal rights to this home? we are not legally separated yet. Can I stay in this house until I am ready to move? As long as I continue paying for the bills? I am waiting for a few years when my daughter goes to college. Should he decide to sell,... View More

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

When did he purchase the home, before or after the marriage? Issues re: separate vs community property first need to be determined, along with rights of reimbursement for payments towards the house, child and spousal support, child custody, and divorce. More details are necessary to provide a... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can i help my 18 year old friend who is being held captive by his parents who wont let him communicate with anyone?

My boyfriends parents have always been strange and crazy parents. They decided to tale away his car and phone so she couldn’t communicate with anyone or do anything. They are not letting him leave his house or do anything. Hes all alone and im worried for him and the way he’s being treated. Is... View More

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

If someone is truly being held captive and against their will, e.g., locked up, one can report the crime to the police. If he is agreeing to their terms in exchange for living in their home, that is a different story. More details are necessary to provide a professional analysis of your issue. The... View More

1 Answer | Asked in Uncategorized for New York on
Q: Do opposition papers filed by Principle Defendant in answer to Plaintiff need to be served upon nominal defendants?

Nominal defendants were included in filing by Plaintiff in a real estate partition action case between Plaintiff and Principle Defendant. They did not present themselves at any time in any capacity during the case and they were included purely for technicality. I am filing an Opposition to the... View More

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

All named parties in a legal action need to be served with all filings. Rather than proceed pro se, why not consider limited scope representation as an affordable option. 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 Family Law and Child Custody for New York on
Q: Can I move out of state with my children?

I have full custody of my children. I am married but haven't lived with my husband in 6 years. He has not seen or spoken to the children in 2-1/2 years. I want to move out of state to give my children a better life. Can I move if he doesn't want me to take the kids that far? I live in NY.

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

You may want to consider filing for divorce and child custody rights to help protect yourself from any abduction claims from him. 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... View More

1 Answer | Asked in Intellectual Property for California on
Q: What's the best way to ensure a software app I'm working on is legally protected from copying or theft

while it's in the development stages?

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

A non-disclosure agreement is basic protocol, along with confidentiality agreements and related contracts. 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 Copyright and Intellectual Property for California on
Q: Will copyright be infringed in this scenario = My son lives in LA, want to open a Movie themed motel

Rooms have film related posters and memorabilia such as a Disney room, a horror room or a Star Wars/si fi room. The question concerns the use of retail available film items to make income as in room rental?

Michael

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

Commercial use of copyrighted images qualifies as an IP violation, and thus a license would be needed from the copyright owner for such use. 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

2 Answers | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: Want to get the rights to use music from an old TV show in a short film I am making. I believe it's owned by CBS.

The music is from two 1961 episodes of The Twilight Zone that were scored by composer Jerry Goldsmith. How would I go about getting the rights to use that music in a short film I am working on? Would this even be possible? Any idea of what it would cost? Thanks!

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

To use copyrighted material, one would need to find out who owns the copyright and contact them for a license. But you'd also need to determine whether your use qualifies as "fair use". More details are necessary to provide a professional analysis of your issue. The best first step... View More

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1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: Divorce from california involving child custody

My husband divorce ex from California to alabama she signed it saying she gave him sole physical custody in california even tho she has had the child his entire life. He has paid all his child support and has tried contacting her countless times even offered to pay all expenses so he could visit... View More

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

If the child resides in CA, the father can file for paternity, visitation, and child custody rights in CA courts, and he would need to have the documents filed on the mom via a process server. CA Courts' website provides necessary forms and self-help instructions, if he chooses to represent... View More

1 Answer | Asked in Divorce for California on
Q: HELLO I'AM TRYING TO GET STARTED ON A DIVORCE PROCESS I HAVE NO CONTACT WITH MY SPOUSE SHE MOVED TO NEW YORK 7 MONTHS

AFTER WE GOT MARRIED HAVENT HAD ANY CONTACT WITH HER THAT WAS ALMOST 8 YEARS AGO WE HAVE NO CHILDREN OR PROPERTY TOGETHER HOW CAN I GET STARTED

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

You can file for divorce and have her served with the papers. You may need to hire an investigator to locate her, and proof of such efforts may be needed to prove attempts at service of process. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for California on
Q: Is it possible to have my case be transfered from one court house to another court house in the same county
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 2, 2019

A change of venue is requested via a Motion, and you would have to show good cause for that 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... View More

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for California on
Q: Child abandonment or child neglect? Is the situation grounds for filing a case against the parents?

When the baby was born, CPS was called in because of the mother's (narcotic) history and baby's lab results but the case was closed. Now, both parents of the child (mother "was" drug dependent but "claimed" rehab and the father is unemployed with presumed gambling... View More

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

You can call CPS and the police to report child abuse/ neglect. 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... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: my tenant passed away about 2 weeks ago. He was renting a home from me. He has no family.

His belongings are still in the house and there are 3 vehicles parked in the driveway. People have been seen entering and leaving the house with items. I do not have a key. The rent was paid through Dec. 2018. What are my procedures? I am in Solano County, CA.

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

How are people accessing the unit? Are they friends or family? Have you asked? What happened to his body? Did he have a will or trust? 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... View More

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