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District of Columbia Questions & Answers
0 Answers | Asked in Criminal Law for District of Columbia on
Q: DA is saying they are prepared to go to the grand jury however they were up to a pre-indictment disposition.

jury however they were up to a pre-indictment disposition. It was something that happened over 10 years ago.

0 Answers | Asked in Constitutional Law and Federal Crimes for District of Columbia on
Q: Given that the SCOTUS did not address matters of guilt in Colorado v. Trump, Is Trump still an insurrectionist?

The Colorado supreme Court ruled that Trump is an oath breaking insurrectionist. The SCOTUS did not change that. It is moot until Congress passes the law to define a process at the Federal level to decide again, meanwhile, is Trump an insurrectionist in Colorado or the US?

0 Answers | Asked in Employment Law and Civil Litigation for District of Columbia on
Q: What are my options and can I get damages for HR negligence?

Our HR office has made mistakes over 10 years costing me thousands of dollars, hire an accountant and refile my taxes. They did not file paper work with my disability insurance. The insurance company now say I OWE them $10,000 - $20,000 for each of the last 4 years. I may have to file for... View More

2 Answers | Asked in Bankruptcy and Landlord - Tenant for District of Columbia on
Q: Can a landlord-tenant case be dismissed if filed during Ch 13 without BK court permission?

The landlord-tenant case was filed during a Ch 13 without BK court permission. After the L&T filing the Ch 13 was dismissed. The Ch 13 has been re-instated. The same landlord-tenant case is still pending and the BK court granted a lifting of the stay for the landlord in the 2nd Ch 13. Since... View More

Timothy Denison
Timothy Denison
answered on Dec 11, 2024

Yes, or at the very least, stayed.

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0 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for District of Columbia on
Q: Can you assist with my SO’s prolonged solitary confinement, rights violations, and potential personal injury claim?

My boyfriend has been in solitary confinement at DC Jail for over seven months, far beyond the 30 days he was initially told. He was placed there after an incident, but both he and the other person involved signed non-animosity forms. Despite this, the jail continues to label him a... View More

0 Answers | Asked in Employment Law for District of Columbia on
Q: Is it illegal for an employer to track my personal phone used for work as an independent contractor when I am not on dut

. . . duty? Company is headquartered in California. I am a DC resident working in Alexandria VA

1 Answer | Asked in Probate for District of Columbia on
Q: I refiled paperwork in probate court on 10/17/24. Stamped/docketed on 10/18. When do I receive letter of administration

The will was filed on 9/20/24. Original paperwork filed on 9/27. Clerk did not catch an error on original filing of paperwork. I had to refile on 10/17.

James Clifton
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James Clifton
answered on Nov 25, 2024

Processing times can vary, but it usually takes a few weeks to receive the letters of administration. This will be measured from the date the updated filing was delivered to the court, October 17, 2024. Contact the clerk's office to request an update and to confirm that your updated filing was... View More

1 Answer | Asked in Sexual Harassment for District of Columbia on
Q: So there’s this lady who's lying on me saying that I flashed her and I wasn’t . Can please get some advice?

She cleans the building’s next too mines and seen me smoke weed right there for at least two years. The manger of my building came to me and told me that she called the police and she took a picture of me when I was done smoking and going back inside my building and that she going around tell... View More

Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on Oct 25, 2024

First of all, your question is mischaracterized. This is not a sexual harassment question. Your question is more about being reported to the police for allegedly smoking weed. If you believe that you need a criminal defense lawyer then you need to contact a licensed criminal defense lawyer who is... View More

1 Answer | Asked in Immigration Law, Business Formation and Business Law for District of Columbia on
Q: What are the steps I need to take to start my own business on the H-1B and transition out of current job?

My current role is with a fintech startup as a strategy manager, and I want to launch a venture capital firm. I will have one U.S.-based co-founder and another or two, potentially from Canada. Would appreciate quick thoughts on costs, timelines, and any other important considerations for this... View More

James L. Arrasmith
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answered on Oct 24, 2024

Starting your own business on an H-1B visa requires careful planning. Begin by consulting an immigration attorney to ensure your venture complies with H-1B regulations, as you'll need to establish a legitimate employer-employee relationship with your new firm. This might involve setting up a... View More

1 Answer | Asked in Civil Rights and Constitutional Law for District of Columbia on
Q: [US] Discriminatory federal Medicaid rules won’t allow me to own assets bc of my disability but allow people without dis

I have Medicaid on the basis of my disability in Ohio and am subject to a $2,000 asset limit. Under the Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, people without disabilities were placed in a separate group (MAGI) with no asset limit, while people with... View More

James L. Arrasmith
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answered on Oct 18, 2024

I'm sorry you're facing this challenge with Medicaid's asset limits. While there hasn't been a widely recognized case specifically addressing the discriminatory asset limits for individuals with disabilities, your concerns about fairness and equality are valid.

You might...
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1 Answer | Asked in Personal Injury, Products Liability and Nursing Home Abuse for District of Columbia on
Q: Good morning I bought this product for my son because he had a rash in the center of his eyebrows and it's called majest

Majestic pure a body wash and it has broken him completely out his face everywhere it's redness what can I do about it because your body's products and you look you read it ingredients it's just a shame do I have a lawsuit against these people because they mess my son's face up... View More

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2024

A Washington DC attorney could advise best, but your question remains open for three weeks. It would be difficult for anyone here to answer your question of whether or not your son has a case. An attorney will want to know about the product, its label, its warnings, the severity of your son's... View More

1 Answer | Asked in Real Estate Law and Tax Law for District of Columbia on
Q: Can I claim the Homestead Deduction in Washington, D.C. for my home without changing my state of legal residence?

I am an active-duty military veteran and I own a home in Washington, D.C. and it is the only home I own. I received an audit letter from the city recently saying that in order to claim the Homestead Deduction, I would have to domicile in D.C. My current state of legal residence is Texas and I do... View More

James L. Arrasmith
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answered on Oct 7, 2024

In Washington, D.C., the Homestead Deduction requires that the property be your primary residence and that you are domiciled in D.C. Since your legal residence is currently Texas, claiming the Homestead Deduction in D.C. without changing your domicile to D.C. is not allowed. The audit letter you... View More

1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for District of Columbia on
Q: Mortgage loan that not amortize can the accounting be accurate in the district of Columbia for mortgage loan

Preen loan services has bee charged with providing inadequate charges to customers

Richard Sternberg
Richard Sternberg
answered on Sep 24, 2024

I'm sorry. I don't understand your question, assuming there is a question here. Mortgage loans are almost always amortized since that's what happens to an interest-bearing loan. If Preen is charged with something by someone and you are somehow affected, maybe you should talk to that... View More

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for District of Columbia on
Q: Can i sue an online page shop if they don’t have terms and conditions?

I ordered a camera online a few months ago online from a well known instagram page they did not write that it was being sold for parts or that it didn't work when i got it the camera did not work and they refused to refund me but they never sent me terms of service so can i sue them for that?

James L. Arrasmith
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answered on Sep 21, 2024

You may have grounds to take legal action if the online shop misrepresented the product or failed to disclose that it was for parts or not functional. When a seller doesn’t provide clear terms, you can still rely on consumer protection laws that require honest descriptions of goods. Misleading or... View More

1 Answer | Asked in Immigration Law for District of Columbia on
Q: How can I get back on a 212 Wavier with a past drug trafficking offense I have 7 kids also and a fiance.
James L. Arrasmith
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answered on Sep 19, 2024

To apply for a 212 waiver after a past drug trafficking offense, you need to demonstrate extreme hardship to a U.S. citizen or lawful permanent resident family member. With seven children and a fiancé, it’s important to gather strong evidence showing how your removal would negatively impact... View More

2 Answers | Asked in Car Accidents, Employment Law and Personal Injury for District of Columbia on
Q: Hello, one of my former employees was involved in a minor car accident during his work shift in company van.

Hello, on 8/4 one of my former employees was involved in a minor car accident during his work shift in company van. He was at fault as he was leaving where he was parked and bumped into another car that was coming up on his left hand side. Turns out he drank 1 beer 4 hours before accident occurred... View More

Laurence L. Socci
Laurence L. Socci
answered on Sep 19, 2024

Good morning -- If this case goes to litigation, you will have to duty to turn over any dashcam video if the other side asks for it. On the other hand, you have no duty to voluntarily relinquish it since him drinking one beer does not appear to be an issue. I am assuming he was not charged with a... View More

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1 Answer | Asked in Employment Law and Personal Injury for District of Columbia on
Q: Hello, I own a delivery company with 15 plus vans in Northern VA. Employ over 50 people. In early August one of my

Drivers was involved in ann accident four hours after consuming a beer (caught on dash cam). Since it was deemed as minor accident at the time, my former employee went through the process of calling the cops and going through typical post accident protocol. He was not tested for alcohol at the... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

In your second post, you said this was a "former" employee. I responded to that with considerations regarding his continuing employment status. The dash cam video is important evidence because it is probably time stamped, be sure to keep it secure in case this whole thing blows up and... View More

1 Answer | Asked in Consumer Law, Criminal Law, DUI / DWI and Personal Injury for District of Columbia on
Q: I worked at a delivery company (last day 9/1) On 8/4/24, between 730/830AM I made the decision of consuming a 16 oz beer

on my way to my first delivery. Our vans have dash cams. At 1140AM, after completing a delivery. I got back into my work vehicle and got into an accident in which I scuffed up the other drivers passenger side of car as well as knocked over pass side review mirror as I was leaving my parking space... View More

Laurence L. Socci
Laurence L. Socci
answered on Sep 17, 2024

If you were not tested for a DUI, you won't be charged with it. As for fraud, if you were not inebriated by the beer you had earlier in the day, you had no duty to disclose it.

1 Answer | Asked in Estate Planning and Probate for District of Columbia on
Q: How do I get a affordable probate lawyer I only need help with getting surety bond I have completed all other steps

I have completed all paperwork but that is my only hold up to obtain guardianship for my daughter

James Clifton
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James Clifton
answered on Sep 10, 2024

You shouldn't need an attorney to get a surety bond. Surety bonds are issued through insurance companies. If you use an insurance agent, check with them. They can lead you in the right direction.

Q: Have family who is in law enforcement, i am being systematically sabotaged every where i go, put in an never ending box.

i am a wilmington nc native; i have close relatives who are in law enforcement who are attempting to make me into what is known as a completely fabricated target... ive been stripped of ALL rights and have been put in an a never ending box.. I am currently residing in washington d.c, in a recovery... View More

James L. Arrasmith
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answered on Sep 5, 2024

It sounds like you're experiencing an incredibly difficult and overwhelming situation. Being targeted, monitored, and feeling like you're constantly being sabotaged can be deeply traumatic and isolating. If you believe that your rights are being violated, it's important to seek... View More

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