District of Columbia Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
District of Columbia Questions & Answers
Q: I brought a car last night and now I realize that the odometer have been tempted with. What should I do I live in md
Ali Shahrestani, Esq.'s answer
Did you buy the car in DC or from an owner or dealer in DC? If you bought it in MD, you may need to consult with a MD lawyer for help re: fraud and breach of contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute...
Did you buy the car in DC or from an owner or dealer in DC? If you bought it in MD, you may need to consult with a MD lawyer for help re: fraud and breach of contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute...
Q: I was involved in a car accident while in my ex friend's car. All paperwork and my ex friend said he was driving.
Mark Oakley's answer
And your question or concern is what? Are you saying you were a passenger, and injured? If so, contact a personal injury lawyer. Are you saying you were actually the driver and the paperwork is wrong? Contact a lawyer in private to discuss the details, as whether this is just an innocent error, or may have legal/criminal consequences, is very unclear.
And your question or concern is what? Are you saying you were a passenger, and injured? If so, contact a personal injury lawyer. Are you saying you were actually the driver and the paperwork is wrong? Contact a lawyer in private to discuss the details, as whether this is just an innocent error, or may have legal/criminal consequences, is very unclear.
Q: If I was responsible for a car accident that caused the other person to miss a client appointment and they subsequently
Timur Akpinar's answer
A claimant could sue for anything, but in general, lost wage claims tend to involve defined periods of time missed from work, with set start and end points. If you are confronted with such a suit, you should notify your insurance carrier and the attorney handling your case if you are represented by one.
Tim Akpinar
A claimant could sue for anything, but in general, lost wage claims tend to involve defined periods of time missed from work, with set start and end points. If you are confronted with such a suit, you should notify your insurance carrier and the attorney handling your case if you are represented by one.
Tim Akpinar
Q: Is it ethical for a patent attorney to never tell you how much its going to cost, write less than 4 pages out of 66 (
1 Answer
| Asked
in
Patents (Intellectual Property)
for
District of Columbia
on
Answered on Dec 28, 2018
Answered on Dec 28, 2018
Kevin E. Flynn's answer
I am so sorry that you have had a bad experience with your patent attorney. Ideally, there is an open flow of communication going back and forth.
It is often hard to give a precise estimate, especially with a new client as the costs to prepare a patent application will vary with the complexity of the material to be explained, the quality of the disclosure material and related materials, the number of drafts needed to get things right, the number of drawings and embodiments to discuss...
I am so sorry that you have had a bad experience with your patent attorney. Ideally, there is an open flow of communication going back and forth.
It is often hard to give a precise estimate, especially with a new client as the costs to prepare a patent application will vary with the complexity of the material to be explained, the quality of the disclosure material and related materials, the number of drafts needed to get things right, the number of drawings and embodiments to discuss...
Q: Habitual Lateness
Ali Shahrestani, Esq.'s answer
Failure to timely pay rent can be a basis for eviction. Why not pay on time? Are you being evicted? 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 practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...
Failure to timely pay rent can be a basis for eviction. Why not pay on time? Are you being evicted? 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 practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...
Q: What are the eligibility requirements for H1-B cap gap?
Karina Garcia Herhusky's answer
A cap-gap extension extends an eligible F-1 student's status to bridge the gap between the end of the F-1 and the beginning of the H1-B. It allows the student to remain in the U.S. during the gap. The H1-B cap limits the amount of H1-Bs allowed each fiscal year. The fiscal year begins October 1st, when a new batch of H1-Bs become available. Employers can file for an H1-B up to 6 months before April 1(the new fiscal year), to add their application to the list of applications waiting for October...
A cap-gap extension extends an eligible F-1 student's status to bridge the gap between the end of the F-1 and the beginning of the H1-B. It allows the student to remain in the U.S. during the gap. The H1-B cap limits the amount of H1-Bs allowed each fiscal year. The fiscal year begins October 1st, when a new batch of H1-Bs become available. Employers can file for an H1-B up to 6 months before April 1(the new fiscal year), to add their application to the list of applications waiting for October...
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?
3 Answers
| Asked
in
Civil Rights and Criminal Law
for
District of Columbia
on
Answered on Dec 19, 2018
Answered on Dec 19, 2018
Mark Oakley's answer
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 offenses, See DC Code § 50–2303.07. Identification of pedestrian offenders:
"(a) A pedestrian who is stopped by a police officer or other authorized official after the pedestrian has...
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 offenses, See DC Code § 50–2303.07. Identification of pedestrian offenders:
"(a) A pedestrian who is stopped by a police officer or other authorized official after the pedestrian has...
Q: If my dog gets out and bites someone but it was the fault of my contractor who didn't create a sturdy fence, am I still
2 Answers
| Asked
in
Personal Injury and Animal / Dog Law
for
District of Columbia
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
Mark Oakley's answer
Yes. It’s your dog and your defective fence. Turn the claim over to your homeowners insurance company to pay. If you are still within the warranty period or statute of limitations to sue the fence contractor for defective work, you can sue to have the fence repaired or restored to proper specifications. It will be up to your homeowners insurer to decide whether to file a subrogation suit against the fence contractor for the damages paid out to the dog bite victim, but I doubt the contractor...
Yes. It’s your dog and your defective fence. Turn the claim over to your homeowners insurance company to pay. If you are still within the warranty period or statute of limitations to sue the fence contractor for defective work, you can sue to have the fence repaired or restored to proper specifications. It will be up to your homeowners insurer to decide whether to file a subrogation suit against the fence contractor for the damages paid out to the dog bite victim, but I doubt the contractor...
Q: Hello. My cousin did some bad things. I don't know where he is or if he has a court date or a lawyer and I need help.
Bernard Crane's answer
You can check Vinelink.com to see if he is currently held in DC, or any other jurisdiction. but you have to search DC and each state separately.
You can check Vinelink.com to see if he is currently held in DC, or any other jurisdiction. but you have to search DC and each state separately.
Q: Is it allowed to use logos of automotive companies in the commercial video? The video shows the progress of the industry
2 Answers
| Asked
in
Copyright, Business Law, Intellectual Property and Trademark
for
District of Columbia
on
Answered on Dec 17, 2018
Answered on Dec 17, 2018
Andrew Zulieve Esq's answer
Although such use may not amount to a trademark (or perhaps copyright) infringement, my suggestion is to contact each company and obtain their written authorizations to use their respective logos.
Although such use may not amount to a trademark (or perhaps copyright) infringement, my suggestion is to contact each company and obtain their written authorizations to use their respective logos.
Q: I have a pending real estate transaction that involves a listing agent who's refusing to split the commission. Advice?
Richard Sternberg's answer
If you are both members of the National Association of Realtors, GCAAR (and/or MAR) and the MRIS, there is a mandatory arbitration system maintained by either GCAAR, MAR, or MRIS. That might be useful, or you might get a lawyer involved early on in the hopes that, by communications with the responsible broker rather than the sales agent, you can get to a reasonable position.
If you are both members of the National Association of Realtors, GCAAR (and/or MAR) and the MRIS, there is a mandatory arbitration system maintained by either GCAAR, MAR, or MRIS. That might be useful, or you might get a lawyer involved early on in the hopes that, by communications with the responsible broker rather than the sales agent, you can get to a reasonable position.
Q: What motion do you file to ask for a bond on a capias
Mark Oakley's answer
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 issued the warrant, and give your explanation and apology for missing court, and ask for release. Most defendants are released on bond in DC, or can be placed on pretrial supervision.
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 issued the warrant, and give your explanation and apology for missing court, and ask for release. Most defendants are released on bond in DC, or can be placed on pretrial supervision.
Q: My friend owns 2/3rds of a house and wants to sell. Does she need to get permission from the 1/3rd owner? P
Richard Sternberg's answer
All owners have to agree to a sale unless a court orders sale in lieu of partition. That petition is, however, fairly straightforward in the hands of experienced counsel.
All owners have to agree to a sale unless a court orders sale in lieu of partition. That petition is, however, fairly straightforward in the hands of experienced counsel.
Q: Can a law firm be sued?
1 Answer
| Asked
in
Civil Litigation and Legal Malpractice
for
District of Columbia
on
Answered on Nov 30, 2018
Answered on Nov 30, 2018
Andrellos Mitchell's answer
Well, I guess you got what you paid for. But seriously, even though the firm represented you for free, if it was negligent in the handling of your case and breached its duty of care compared to other law firms in the community, handling the same types of cases, theoretically you can sue the firm. However, based on the facts you present, I don't think you have a legally sufficient basis to sue the firm.
Well, I guess you got what you paid for. But seriously, even though the firm represented you for free, if it was negligent in the handling of your case and breached its duty of care compared to other law firms in the community, handling the same types of cases, theoretically you can sue the firm. However, based on the facts you present, I don't think you have a legally sufficient basis to sue the firm.
Q: I want to set up business of marijuana cookies in Northern Virginia and Washington, DC
1 Answer
| Asked
in
Business Formation and Business Law
for
District of Columbia
on
Answered on Nov 29, 2018
Answered on Nov 29, 2018
Bernard Crane's answer
I hope you like the color orange. You might be wearing it a lot.
In DC marijuana has recently been legalized, but ONLY for personal use. In DC if you are over 21 you can purchase, grow or possess up to two ounces of marijuana for your own use. You can transfer up to one ounce of marijuana to another person who is over 21, as long as it is a genuine gift, and is not being transferred for money or any other remuneration. The DC police will look beyond sham "gift" transactions. For...
I hope you like the color orange. You might be wearing it a lot.
In DC marijuana has recently been legalized, but ONLY for personal use. In DC if you are over 21 you can purchase, grow or possess up to two ounces of marijuana for your own use. You can transfer up to one ounce of marijuana to another person who is over 21, as long as it is a genuine gift, and is not being transferred for money or any other remuneration. The DC police will look beyond sham "gift" transactions. For...
Q: Is there any difference between a white collar and a corporate crime or are they the same thing?
Bernard Crane's answer
Pretty much the same, but not entirely. Its like that scene in Seinfield, where Newman is trying to impress a girl with his postal knowledge and smugly looks at her and says, "All certified mail is registered, but not all registered mail is certified."
All corporate crime is white collar, but not all white collar crime is corporate.
White collar crime refers to financially motivated, nonviolent crime, usually committed by business or government professionals. Corporate crime...
Pretty much the same, but not entirely. Its like that scene in Seinfield, where Newman is trying to impress a girl with his postal knowledge and smugly looks at her and says, "All certified mail is registered, but not all registered mail is certified."
All corporate crime is white collar, but not all white collar crime is corporate.
White collar crime refers to financially motivated, nonviolent crime, usually committed by business or government professionals. Corporate crime...
Q: My back got injured in a car accident when the other driver rear-ended me. I just want my medical bills paid but now
1 Answer
| Asked
in
Personal Injury and Car Accidents
for
District of Columbia
on
Answered on Nov 12, 2018
Answered on Nov 12, 2018
Mark Oakley's answer
I’m guessing the medical records showed you had a pre-existing back problem, for which you received relatively recent treatment. It is reasonable for an insurance company to review whether your post-accident treatment was all causally related to the accident, as opposed to continuation of treatment for a condition you already had before the accident.
I’m guessing the medical records showed you had a pre-existing back problem, for which you received relatively recent treatment. It is reasonable for an insurance company to review whether your post-accident treatment was all causally related to the accident, as opposed to continuation of treatment for a condition you already had before the accident.
Q: If I am injured by an employee who ran over my foot with a golf cart on a golf course can I sue the golf course company?
John Mesirow's answer
Possibly, but you would need to provide A LOT more information to an attorney to get a definitive answer. You should call a personal injury attorney as soon as possible because if certain things are not done in the near term - photographs of injuries/property damage, obtaining witness statements, etc. - it can negatively impact your potential claim.
Possibly, but you would need to provide A LOT more information to an attorney to get a definitive answer. You should call a personal injury attorney as soon as possible because if certain things are not done in the near term - photographs of injuries/property damage, obtaining witness statements, etc. - it can negatively impact your potential claim.
Q: Should I make an LLC and get paid through that, or just receive a W-2 like every other employee?
1 Answer
| Asked
in
Business Law and Employment Law
for
District of Columbia
on
Answered on Oct 22, 2018
Answered on Oct 22, 2018
Andrellos Mitchell's answer
It sounds like a dumb idea. You are taxed as a sole proprietor, which for tax purposes means you are taxed as an individual. The LLC is more about putting a veil between you and the company to protect your assets in the event the company is sued.
It sounds like a dumb idea. You are taxed as a sole proprietor, which for tax purposes means you are taxed as an individual. The LLC is more about putting a veil between you and the company to protect your assets in the event the company is sued.
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