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District of Columbia Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Libel & Slander and Personal Injury for District of Columbia on
Q: What state jurisdiction does revenge porn fall in if posted about American Citizen but in Mexico.

I had a fling for a couple of months in Mexico. I am an American living in DC and he is a Canadian. We fooled around and filmed it, I don't have a copy of the video. I noticed he posted it on his Only Fans without my explicit consent. He did crop my face out of the video and blur out both my... Read more »

Mark Oakley
Mark Oakley answered on Apr 17, 2021

The video appears to have been consensually made, so in most jurisdiction the mere creation of the video would not be a crime. You would need to ask a lawyer in Mexico whether that country prohibits the making of sexually explicit videos when both parties consent. Otherwise, it would not be... Read more »

1 Answer | Asked in Criminal Law, Internet Law, Libel & Slander and White Collar Crime for District of Columbia on
Q: if someone were to make deepfake of both video and audio version of me, would that count as impersonation?

if somebody, were to make deepfake videos, and deepfake audio of me, with the intent of malicious intent of harming my reputation, would that count as impersonation?

Mark Oakley
Mark Oakley answered on Apr 17, 2021

It might be many things, depending on the facts. First, DC and Virginia are "one-party" audio recording jurisdictions, where only one person (the recorder) needs to consent to it, unlike in Maryland where it is illegal to make an audio recording of someone else without their actual... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I want to block online search results of my immigration case decision details issued by the appeals court

for safety and privacy concerns, what is the best option, or any attorney who can petition the court?

Kevin L Dixler
Kevin L Dixler answered on Apr 14, 2021

If you don’t share your alien number, they can’t access the info. That said, few really know how to access. You must decide whether to stay, then risk detention and removal if the decision is against you!

If not, then it suggests that you were successful in getting relief, so you should...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for District of Columbia on
Q: What is the impact of Appellant's Representative's Notice of Withdrawal of Counsel on an ongoing case?

My lawyer decided to stop representing me in a case with OPM, does the judge have to approve it or let them off the hook?

Matthew T. Famiglietti
Matthew T. Famiglietti answered on Apr 8, 2021

The judge will consider the Motion to Withdraw. He or she will consider the reasons for the Motion, then make a decision of the Motion. The attorney who made the Motion still represents, you until the Motion to Withdraw is granted and ordered by the judges.

1 Answer | Asked in Probate for District of Columbia on
Q: Can a executor of an estate awarded by the courts sell Realestate property that is in litigation

Lawsuit was brought by a boyfriend claiming common law . The case is in litigation but there is not a court order to stop anything

Mark Oakley
Mark Oakley answered on Mar 16, 2021

Common law spousal rights may give rise to a claim to a share of the estate, but it does not change title to real estate, so the Estate can sell the real estate and collect the sales proceeds into an estate account for eventual distribution to the heirs/legatees. in order to claim a share of the... Read more »

1 Answer | Asked in Estate Planning for District of Columbia on
Q: If you are the power of attorney for a family member and they pass away what should I do next in the Washington Dc area

In the state of Maryland they have a Will office in District Court but I can't find an office like that in Washington Dc

Mark Oakley
Mark Oakley answered on Mar 16, 2021

Upon death, the power of attorney terminates and there is no authority to act on behalf of the decedent's assets. Only the Personal Representative of the Estate can act and access the estate assets, and then only for the purpose of administering the estate and distributing the assets to the... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I am a student studying under an F-1 visa and want to visit my my home country. Will I be allowed back into the US?

What circumstances would cause me to be not allowed back into the US after traveling back to my home country, and has COVID-19 made it more difficult to return if I have been vaccinated.

Agnes Jury
Agnes Jury answered on Mar 15, 2021

It depends what country you are from. You should look at the Dept of State's website for current COVID related restrictions. See: https://travel.state.gov/content/travel/en/traveladvisories/ea/covid-19-information.html

But you should also consult with an immigration attorney if you...
Read more »

1 Answer | Asked in Wrongful Death and Personal Injury for District of Columbia on
Q: I was only 3 when this happened to my dad.. I’m now 34 could I reopen this case
Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

No, but why not get a second opinion? Courts will not reopen statute of limitation cases unless there has been some very significant and unique issue. If , for instance, police actually hid evidence that might be the basis to reopen, but I doubt it. But ask some DC attorneys or attorneys from the... Read more »

1 Answer | Asked in Contracts for District of Columbia on
Q: i have a default judgement in washington dc, over ten years old. what is the statue of limitations?
Steven Krieger
Steven Krieger answered on Feb 16, 2021

12 years to enforce the judgment. See this code section: https://code.dccouncil.us/dc/council/code/sections/15-101.html

Hope that helps.

Steven

1 Answer | Asked in Employment Law for District of Columbia on
Q: Washington DC employer refuses employment verification.

Last year my employment was terminated by a non-profit based out of Washington DC. It was because I anonymously blew a whistle on my supervisor's conduct. I was told if someone were to call for employment verification, the organization would only give out the start and the end date.... Read more »

Matthew T. Famiglietti
Matthew T. Famiglietti answered on Feb 2, 2021

It is highly unusual for a former employer not to give verification of employment of a former employee. Usually the verification is very general, for example Mr Smith worked for Company A from Jan 1 2020 to Jan 1 2021. You would need to contact a licensed attorney in DC for a more in depth... Read more »

1 Answer | Asked in Probate for District of Columbia on
Q: My husband died intestate. My son is 4. Can I transfer the deed for the condo on his name (my name isn't on the deed).

Most of the estate's value is the equity on the condo (cca 150 000 dollars. The home value is cca 520 000). According to that, my son's 1/3 should be 50 000 dollars. I am currently unemployed, but I have enough assets to keep paying the mortgage for some time until I hopefully find the... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 21, 2021

By opening a probate estate, you can transfer or sell anything in your late husband's estate. What I don't understand is how you would be solving your economic problem by re-titling the home to your four-year old son. Once re-titled to him fully, it might be much more difficult to sell it... Read more »

3 Answers | Asked in Bankruptcy for District of Columbia on
Q: I filed chapter 13 December 3,2020. A creditor/credit union debited my account 7 days prior.How do I recover those fund

I thought it was a certain number of time that debt would have to be returned to the person once they filed bankruptcy. I reside in Virginia.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 5, 2021

Generally, a debtor or bankruptcy trustee can recover payments over $600 to any unsecured creditor within ninety days preceding a bankruptcy filing, as a "preferential transfer".

But that's not true about secured claims (debts secured by collateral).

Credit unions...
Read more »

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1 Answer | Asked in Family Law for District of Columbia on
Q: can past charges of fictitious name to officer forgery and false documents be used to discredit in a protection order

false protection order on me. final hearing in 2 days i cant get attorney. she has no police reports or evidence. her aunt may witness on her behalf and lie. can i use her past criminal history to discredit her testimony? forging priv. documents, fictitious name to avoid pro....fraudulent documents.

Mark Oakley
Mark Oakley answered on Dec 22, 2020

You can do so if they are convictions, and you obtain certified copies of the convictions from the court, or perhaps if the convictions occurred in the same court you are appearing in on the protective order, you can reference those cases by case number and the court can check the dockets if they... Read more »

1 Answer | Asked in Gov & Administrative Law for District of Columbia on
Q: Does an "employee" in the code of federal regulations refer to active duty components (military, PHS, NOAA)?
Matthew T. Famiglietti
Matthew T. Famiglietti answered on Dec 21, 2020

Your question is not entirely clear, but a member of the military is a federal employee. Individuals who work for NOAA are federal employees as well. PHS helps aid federal agencies as the FDA and the CDC

1 Answer | Asked in Employment Law for District of Columbia on
Q: How to get my SF-50 from my former federal agency?

I am a former government employee who left the federal government in 2014. My departure was due to an unethical SES who was removed from his director position due to complaints. Since leaving, I have worked as a contractor, I have passed my security checks. I am in the process of emailing my former... Read more »

Matthew T. Famiglietti
Matthew T. Famiglietti answered on Dec 17, 2020

You may obtain copy of your most recent SF-50 by requesting from the National Archives and Records Administration, Good luck!

1 Answer | Asked in Criminal Law for District of Columbia on
Q: Can the police ask the airline if I was traveling on its plane
Mark Oakley
Mark Oakley answered on Dec 13, 2020

The police can always ask. The question is, do you have a legally protected interest in keeping your flight records private from the police? The answer is no. If you would like a deep dive into all the data and information regularly collected from airline passengers and analyzed by the... Read more »

1 Answer | Asked in Employment Law for District of Columbia on
Q: can my boss legally give me a pay cut without notifying me first?

my boss has told me a lot of different things since I started this job, but he's continuously harassed me and now I was looking over my pay stub and realized that my pay has gone down. so legally was my boss able to give me a pay cut with any notification?

Steve Hoffman
Steve Hoffman answered on Dec 10, 2020

Really an employment law question here, and a popular one!

Salary and other work condition stability may be protected if you were hired under conditions-certain contract, or depending on employer's policies or related laws that may cover its government contracts that provide the money...
Read more »

2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Elder Law and Small Claims for District of Columbia on
Q: can i file suit for defamation and elderly abuse under Title 18 in dc? under what sections? Cannot get an answer.

I am 70 years old. I asked a question during a town hall meeting at the senior wellness center I have attended daily for the last 7 years. The 55 year old program director, did not like the question because she did not have a valid answer, was embarrassed. She then filed a fictitious Barring... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 5, 2020

A Washington, D.C. attorney could advise best, but your question remains open for four weeks. At this point, you could reach out to attorneys in the Libel & Slander sections to discuss. As a general note, keep in mind that such cases are not generally handled on a contingency basis the way... Read more »

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: How long can I stay out of the United States while I have a green card, in order to get citizenship?
Matthew T. Famiglietti
Matthew T. Famiglietti answered on Dec 1, 2020

Given the current political environment, it is very risky for you to leave the country at all because you may have an exceptionally hard time getting back in. It's even more risky if you are returning to your native country if you are alleging a reasonable fear of past or future persecution.... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can I seek asylum based on my sexual orientation if I am a minor (16 y.o.), I live in Egypt.

Homosexuality in Egypt is a crime punishable by ~15 years in jail, and your future is probably ruined (same with your reputation), assault in prison is inevitable.

My parents are emotionally abusive and homophobic as well.

Matthew T. Famiglietti
Matthew T. Famiglietti answered on Nov 12, 2020

The general rule is you can apply for asylum based on sexual orientation if you are being abused in your home country because of your sexual orientation. You would have to prove fear of present persecution based on your sexual orientation and/or the potential of future persecution because of... Read more »

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