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District of Columbia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for District of Columbia on
Q: Can u get arrested for not wearing a seatbelt?
Mark Oakley
Mark Oakley
answered on Jun 10, 2019

No. It’s not even a moving violation and carries no points. Normal fine is $25.

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Elder Law for District of Columbia on
Q: My father, who lives in Washington, DC needs to get out of a reverse mortgage scam. He wasn't 100% to sign a contract.

He was approximately 80 at the time. Diminished vision. Emotionally compromised. Victim of phone and mail fraud.

Richard Sternberg
Richard Sternberg
answered on Feb 19, 2019

You should have a consult with a lawyer before he dies. The facts matter, and they should not be discussed in an open forum.

3 Answers | Asked in Civil Rights and Criminal Law for District of Columbia on
Q: In DC when the police are called, do I have to answer their questions? Do I have to show them my ID? Can I leave?
Mark Oakley
Mark Oakley
answered on Dec 19, 2018

You never have to answer questions, and you are free to leave at any time until and unless you are under arrest, for which they require probable cause to believe you have committed a crime in their presence, or a recent crime nearby, or if they have an arrest warrant.

Regarding pedestrian...
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2 Answers | Asked in Criminal Law for District of Columbia on
Q: What motion do you file to ask for a bond on a capias
Mark Oakley
Mark Oakley
answered on Dec 6, 2018

A capias warrant is usually issued for failure to appear in court at a scheduled appearance. You could file a motion to recall the warrant and reschedule the court date, providing good reasons why you failed to appear, or alternatively try and arrange turning yourself in before the same judge who... View More

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1 Answer | Asked in Criminal Law for District of Columbia on
Q: How can my fiance transfer his probation to another state if he is homeless in Ga?

He got no body to support him in Ga I am his fianse but I am living in Washington, DC where he was born..we are dating for almost 4 years now and planning to get married when he comes out.

Gary Kollin
Gary Kollin
answered on Sep 10, 2018

Simple.. file a request with the probation office or parole office

1 Answer | Asked in Criminal Law for District of Columbia on
Q: What does it mean if you have a bench warrant?
Mark Oakley
Mark Oakley
answered on Jun 12, 2018

You missed a court date, and the judge issued a warrant for your arrest "from the bench" in open court for your failure to appear. You need a lawyer to arrange to turn yourself in an have the court date rescheduled, and to represent you on the charges.

1 Answer | Asked in Criminal Law and Domestic Violence for District of Columbia on
Q: Can an inmate file for a protection order if his accuser is harassing him?

My son was found guilty and sent to jail because of his accuser testimony. After he was sent to jail the woman kept scheduling visit to come see him just to block others from coming. She kept sending letters and messages to different family member of his. She has even tried to have all of my mail... View More

Mark Oakley
Mark Oakley
answered on Feb 21, 2018

Consult a criminal law attorney about the letter claiming she lied to get him convicted. There may be something that can be done regarding his case. There is also basis to file a protective order or maybe even criminal charges for harassment, and in your case, criminal forgery and interference... View More

1 Answer | Asked in Criminal Law for District of Columbia on
Q: If a judge throws out a criminal conviction, can a prosecuting attorney request and go forward with the re-trial?
Mark Oakley
Mark Oakley
answered on Feb 21, 2018

Depends on the basis the judge “threw out” the conviction. You provide insufficient facts.

1 Answer | Asked in Criminal Law for District of Columbia on
Q: If someone got in a fight and threw something and it hit someone else what’s the punishment if the person press charges?
Mark Oakley
Mark Oakley
answered on Jan 23, 2018

It's an assault. Depending on the seriousness of it, which may depend on the nature of the object, it could be charged as a felony.

0 Answers | Asked in Civil Litigation, Libel & Slander and Criminal Law for District of Columbia on
Q: Can a person be held libel for incorrectly identifying a person of a crime?

The above situation resulted in an innocent person being arrested and detained for 24 hours.

1 Answer | Asked in Juvenile Law and Criminal Law for District of Columbia on
Q: I'm 15 and pregnant and the baby father is 24 what could happen ? Can he sign the birth certificate?
Ali Shahrestani,
Ali Shahrestani,
answered on Sep 6, 2017

Sex with a minor is a crime. 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 appearances/ publications on... View More

1 Answer | Asked in Criminal Law for District of Columbia on
Q: In conspiracy if ther is no verbal agreement between 2or more persons how can they be charged with conspiracy

People were conversations about how they liked this particular item and different ways they can be gotten but nobody never mentioned anything about getting together and committing a crime

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 13, 2017

This is too vague. 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 appearances/ publications on my law... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for District of Columbia on
Q: What can i do if someone threatens to expose my private convos with a partner? Sexual convos

They manged to hack my phone and send all my txts and pics to an email and now they want to "expose" me. Its an angry boyfriend that is mad that after 6 years of cheating on me i finally gave him a taste of his own medicine. Is there anything i can do if he acts out on his threats?

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 13, 2017

You may need to file for an injunction and an action for invasion of privacy and potentially other torts. 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 Criminal Law, Domestic Violence and Libel & Slander for District of Columbia on
Q: My aunt on behalf of my grandfather filed for cpo in order to evict during the hearing it was established that she had

No power of attorney but she was allowed to sit with him speak for him and coach him but the worst act is when she made a false statement that the police raided the home with an arrest warrant looking for drugs and guns with a warrant with my name on it and that I wasn't arrested because I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

Have a lawyer review these complex facts and allegations with a fine-toothed comb to determine your rights and obligations. You might have a basis for suit if you were illegally defamed or maliciously prosecuted. More details are necessary to provide a professional analysis of your issue. The best... View More

1 Answer | Asked in Criminal Law for District of Columbia on
Q: What's the marijuana law in Washington DC?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

See: https://mpdc.dc.gov/marijuana

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 appearances/...
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1 Answer | Asked in Criminal Law for District of Columbia on
Q: hi i just want to illustrate my case.

what happened was that i was working on the store ( fitting room ) and accidentally my phone was gonna fall of my hand and it has a flash light.

when i was trying to grab it so that it won't fall the girl that was in the fitting room saw the flash and complain ,call the police , the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 25, 2017

You may need a criminal defense lawyer, as you might be facing a sex crime and an invasion of privacy lawsuit. I offer representation re: such matters. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... View More

3 Answers | Asked in Criminal Law and Probate for District of Columbia on
Q: My 12 years old involved in painting other people property's, and he witnessed his friends setting something on fire.

We are going to have a meeting at detention center I don't know what's going to happen and do I need a lawyer

Richard Sternberg
Richard Sternberg
answered on Jun 25, 2017

Yes.

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1 Answer | Asked in Criminal Law for District of Columbia on
Q: I have this case

My case is now going. To us attorny what is that means

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 23, 2017

It sounds like you're facing criminal charges in federal court, is that right? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More

1 Answer | Asked in Criminal Law for District of Columbia on
Q: How do I file a complaint against a lawyer for tampering with and destroying evidence.
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 22, 2017

Was it a prosecutor? You can file a motion for sanctions, seek appellate relief, and report the lawyer to the DC Bar. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

2 Answers | Asked in Car Accidents, Criminal Law and Personal Injury for District of Columbia on
Q: What are the responsibilities in D.C. of rescue, police, and other parties at a 2-car hit-and-run car crash scene?

Details: The reg'd owner of a car whose occupant(s) fled, and which caused a hit-and-run (1 death, 3 injuries) on a divided highway turns up at the scene after the crash. He says his (now disabled) car was stolen. He has it towed away. Later, his car turns out to be registered to a nonexistent... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 16, 2017

You would need proof of who the driver was. Perhaps a private investigator can help you find this out and whether the owner has any relationship to those persons. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

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