District of Columbia Questions & Answers by Practice Area
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District of Columbia Questions & Answers
Q: My daddy left a will to his wife, myself and my brother. My stepmother had a letter written and notarized before death.
Richard Sternberg's answer
What a perfect example of the old adage “Pay me now or pay me (much more) later.” A revision of the Will would have cost a few hundred. An estate plan that effectively cut spousal rights to the legal minimum would have cost a few thousand. I could argue either side of that one, and that litigation could cost tens to hundreds of thousands. I think the case is winnable on each side. With equal representation, the odds should be on invalidating the waiver, but I could build a case that the...
What a perfect example of the old adage “Pay me now or pay me (much more) later.” A revision of the Will would have cost a few hundred. An estate plan that effectively cut spousal rights to the legal minimum would have cost a few thousand. I could argue either side of that one, and that litigation could cost tens to hundreds of thousands. I think the case is winnable on each side. With equal representation, the odds should be on invalidating the waiver, but I could build a case that the...
Q: Can I save the SOL on my civil case when I didn't file for a stay pending outcome of the criminal case?Is it automatic
1 Answer
| Asked
in
Criminal Law, Employment Law and Arbitration / Mediation Law
for
District of Columbia
on
Answered on Jul 28, 2018
Answered on Jul 28, 2018
Thomas A. Grossman's answer
Since you filed your civil case after the criminal case had been resolved, the court could not have stayed a case (the civil case) that had not yet been filed. I believe you could have filed the civil case while the pending criminal action was going on, in which case the Court could have stayed the civil case, pending the resolution of that case. So it probably boils down to the timing. If you filed a civil case before the statute of limitations ran on that case, then you should be able to...
Since you filed your civil case after the criminal case had been resolved, the court could not have stayed a case (the civil case) that had not yet been filed. I believe you could have filed the civil case while the pending criminal action was going on, in which case the Court could have stayed the civil case, pending the resolution of that case. So it probably boils down to the timing. If you filed a civil case before the statute of limitations ran on that case, then you should be able to...
Q: Can my niece re-enter the u.s?
Hector E. Quiroga's answer
It has not been quite ten years, but technically, she should be able to reenter; however, give that she overstayed, she will likely run into some issues. Evidence of mitigating circumstances, as well as strong evidence of connections to New Zealand, will help her case.
It has not been quite ten years, but technically, she should be able to reenter; however, give that she overstayed, she will likely run into some issues. Evidence of mitigating circumstances, as well as strong evidence of connections to New Zealand, will help her case.
Q: Will be filing chapter 7.
Timothy Denison's answer
The filing of your bankruptcy should not affect your filing for social security. However, consult an experienced bankruptcy attorney before you do anything.
The filing of your bankruptcy should not affect your filing for social security. However, consult an experienced bankruptcy attorney before you do anything.
Q: Hi, my daughter is a U.S Citizen and also a minor she will be 3 soon. She is currently out of the country.
Hector E. Quiroga's answer
Certainly that is an option. Depending on your mother’s country of origin, she may not need a visa to come to the US. You can find out more at: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
Certainly that is an option. Depending on your mother’s country of origin, she may not need a visa to come to the US. You can find out more at: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
Q: Is this a matter for US Supreme Court?
1 Answer
| Asked
in
Consumer Law, Contracts, Constitutional Law and Patents (Intellectual Property)
for
District of Columbia
on
Answered on Jul 3, 2018
Answered on Jul 3, 2018
Kevin Flynn's answer
I have worked with patents for a long time. I cannot think of any government agency that accepts money from an individual for protecting intellectual property beyond the normal processes of filing for a patent, trademark, or copyright.
You need to talk with an attorney that can review all the relevant paperwork to ensure that you were indeed working with a government agency rather than someone pretending to be a government agency. There are many companies that try to swindle...
I have worked with patents for a long time. I cannot think of any government agency that accepts money from an individual for protecting intellectual property beyond the normal processes of filing for a patent, trademark, or copyright.
You need to talk with an attorney that can review all the relevant paperwork to ensure that you were indeed working with a government agency rather than someone pretending to be a government agency. There are many companies that try to swindle...
Q: My AC unit hasn't worked for 2yrs. New owners say they do not supply ac units. But in the past 2yrs my rent as gone up.
1 Answer
| Asked
in
Landlord - Tenant and Small Claims
for
District of Columbia
on
Answered on Jun 26, 2018
Answered on Jun 26, 2018
Andrellos Mitchell's answer
If I understand your very limited facts correctly...I would ask, Why would a new landlord pay for something that an old landlord did or did not do?
If I understand your very limited facts correctly...I would ask, Why would a new landlord pay for something that an old landlord did or did not do?
Q: Can my brother be denied a US visitor visa because I have credit card debt or an open case? I am a naturalized citizen.
Carl Shusterman's answer
There is no legal basis for such a denial. However, consular officers can always deny visas in the exercise of their discretion.
There is no legal basis for such a denial. However, consular officers can always deny visas in the exercise of their discretion.
Q: Can a parent take child away from nonparent if they didn't raise him?
1 Answer
| Asked
in
Child Custody and Family Law
for
District of Columbia
on
Answered on Jun 17, 2018
Answered on Jun 17, 2018
Alan Solomon's answer
Yes unless you have a court order for custody, parents have superior rights. If the natural parents are harmful to the child go file an emergency motion. If it is simply not in child's best interest file for custody immediately
Yes unless you have a court order for custody, parents have superior rights. If the natural parents are harmful to the child go file an emergency motion. If it is simply not in child's best interest file for custody immediately
Q: Is there a difference between physical and legal custody?
Mark Oakley's answer
Yes, and it's an important difference.
Physical custody refers to the the parent's custodial right to have the child in their care, during whatever time frames the court order directs, or during all times when the other parent is not afforded specific times for visitation/custody with the child. There is sole physical custody, where one parent is the primary custodian of the child, and the other parent is granted periods of visitation (including overnight visitation) with the child;...
Yes, and it's an important difference.
Physical custody refers to the the parent's custodial right to have the child in their care, during whatever time frames the court order directs, or during all times when the other parent is not afforded specific times for visitation/custody with the child. There is sole physical custody, where one parent is the primary custodian of the child, and the other parent is granted periods of visitation (including overnight visitation) with the child;...
Q: What does it mean if you have a bench warrant?
Mark Oakley's answer
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.
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.
Q: I filed for my wife as a Spouse of a Permanent resident, her Visa appointment is Next Month, but i'm becoming a Citizen
Carl Shusterman's answer
You may want to postpone your naturalization ceremony until she enters the US. She will be admitted in the family-based 2A category as the spouse of a permanent resident.
You may want to postpone your naturalization ceremony until she enters the US. She will be admitted in the family-based 2A category as the spouse of a permanent resident.
Q: I was in an accident with property damage and was given a field sobriety test. I was released and no citation was given
Mark Oakley's answer
Yes, they do not have to charge on the spot, but it is unusual for them not to, unless there is a serious injury to someone where death is imminent or has occurred. In those cases, they review for possible manslaughter charges. What was your BAC test result? Also, your post is confusing as you posted this in the DC jurisdiction and then ended your post with “West Virginia”. Where did this happen? Consult a lawyer licensed where this happened.
Yes, they do not have to charge on the spot, but it is unusual for them not to, unless there is a serious injury to someone where death is imminent or has occurred. In those cases, they review for possible manslaughter charges. What was your BAC test result? Also, your post is confusing as you posted this in the DC jurisdiction and then ended your post with “West Virginia”. Where did this happen? Consult a lawyer licensed where this happened.
Q: Can I be adopted by someone even though I have a father, can I legally be a son to both even though they aren't married?
Mark Oakley's answer
Your natural parents must either consent to the adoption, or the court will have to rule on the evidence that sufficient reasons exist to terminate the parental rights of your biological parent, and grant adoption to the other.
Your natural parents must either consent to the adoption, or the court will have to rule on the evidence that sufficient reasons exist to terminate the parental rights of your biological parent, and grant adoption to the other.
Q: How much time will he be getting?
Carl Shusterman's answer
The Judge in his criminal case will decide how long he will spend in prison.
The Judge in his criminal case will decide how long he will spend in prison.
Q: I am currently on H1B and wish to pursue on campus weekend, non credit courses, leading to certificate. Is it allowed?
Carl Shusterman's answer
As long as you continue to work full time for your H-1B employer, there is no problem with you taking classes at the university.
As long as you continue to work full time for your H-1B employer, there is no problem with you taking classes at the university.
Q: I am married with a U.S citizen. I obtained my temporary green card through marriage, but I want to separate.
2 Answers
| Asked
in
Family Law and Immigration Law
for
District of Columbia
on
Answered on Apr 21, 2018
Answered on Apr 21, 2018
Carl Shusterman's answer
If your marriage ends in a divorce before your conditional permanent residence (CPR) expires, you should submit an I-751 waiver to the USCIS as soon as your divorce becomes final.
Most foreign-born persons who marry U.S. citizens apply for a green card in order to remain in the U.S. with their spouse. In order to become a permanent resident, they must first file for a 2-year conditional green card, and then submit form I-751 to apply to remove the condition and obtain a 10-year green...
If your marriage ends in a divorce before your conditional permanent residence (CPR) expires, you should submit an I-751 waiver to the USCIS as soon as your divorce becomes final.
Most foreign-born persons who marry U.S. citizens apply for a green card in order to remain in the U.S. with their spouse. In order to become a permanent resident, they must first file for a 2-year conditional green card, and then submit form I-751 to apply to remove the condition and obtain a 10-year green...
Q: If I leave beofre 18 months I owe 6K. Is this legal?
1 Answer
| Asked
in
Contracts, Collections and Employment Law
for
District of Columbia
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Mark Oakley's answer
Usually these types of clauses are tied to educational or training expenses, or paying for professional licenses or certificates, that the employer incurs. The repayment is tied to reimbursement for a valuable benefit provided to the employee who may take the training or professional license and then just leave for another job with another employer. This type of repayment is usually a valid and enforceable contract provision. If it is not tied to any training or professional expense, then it...
Usually these types of clauses are tied to educational or training expenses, or paying for professional licenses or certificates, that the employer incurs. The repayment is tied to reimbursement for a valuable benefit provided to the employee who may take the training or professional license and then just leave for another job with another employer. This type of repayment is usually a valid and enforceable contract provision. If it is not tied to any training or professional expense, then it...
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