District of Columbia Questions & Answers by Practice Area
- Bankruptcy
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- White Collar Crime
- Wrongful Death
District of Columbia Questions & Answers
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
1 Answer
| 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, Consumer Law, Foreclosure and Landlord - Tenant
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
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.
Q: Is there a bike helmet rule in DC? I hit a person, but they weren't wearing a helmet.
Mark Oakley's answer
Not wearing a helmet will not absolve a person from liability for their negligence for hitting that person, nor will it be allowed to be used as an argument to limit the biker’s injuries and right to recover. Same rule applies to not wearing a seat belt. As a safety requirement, the legislative enactment was intended to promote safety, not restrict or limit the right of an injured party to recover damages against a negligent party.
Not wearing a helmet will not absolve a person from liability for their negligence for hitting that person, nor will it be allowed to be used as an argument to limit the biker’s injuries and right to recover. Same rule applies to not wearing a seat belt. As a safety requirement, the legislative enactment was intended to promote safety, not restrict or limit the right of an injured party to recover damages against a negligent party.
Q: I'm trying to find the law which creates dllr police
Mark Oakley's answer
Are you referring to the Department of Labor, Licensing and Regulation? It’s an administrative agency, established by legislative enactment, and given authority to promulgate regulations to carry out its legislative mandate. Agency regulations appear in a separate repository than the statutory code. Most agencies post links to both their statutory authority and to their regulations on their website. They typically do not have their own police department, but sometimes they do, and that would...
Are you referring to the Department of Labor, Licensing and Regulation? It’s an administrative agency, established by legislative enactment, and given authority to promulgate regulations to carry out its legislative mandate. Agency regulations appear in a separate repository than the statutory code. Most agencies post links to both their statutory authority and to their regulations on their website. They typically do not have their own police department, but sometimes they do, and that would...
Q: Once a divorce is filed and settled are they public record for people to search and see in Maryland Case Search?
Mark Oakley's answer
Yes. They can review the docket online, and they can go the the courthouse to look at the court file, review whatever has been filed, and make copies. If you signed and filed a separation and property settlement agreement as part of the divorce, you should ask your lawyer to have that document removed from the public file and sealed. Those agreements often contain highly sensitive financial and personal data that courts will place out of the public eye. The rest of the case file is public...
Yes. They can review the docket online, and they can go the the courthouse to look at the court file, review whatever has been filed, and make copies. If you signed and filed a separation and property settlement agreement as part of the divorce, you should ask your lawyer to have that document removed from the public file and sealed. Those agreements often contain highly sensitive financial and personal data that courts will place out of the public eye. The rest of the case file is public...
Q: Freedom Debt Relief can't add AAFES. Is it possible to stay w/FDR but file bankruptcy for only AAFES?
Timothy Denison's answer
You will have to list all your debts and creditors if you file bankruptcy, whether it is a 7 or 13. You may want to consider 13 if you have assets to preserve or 7 if you don’t, but you must list all your debts and creditors in your petition.
You will have to list all your debts and creditors if you file bankruptcy, whether it is a 7 or 13. You may want to consider 13 if you have assets to preserve or 7 if you don’t, but you must list all your debts and creditors in your petition.
Q: Is a cyclist totally at fault if they didn't stop at a stop sign so when I went through I hit him?
Timothy Fizer's answer
You have not provided sufficient details about the accident to prompt a reliable answer. There is no doubt, however, that you should report the incident to your insurance company, in the event the bicyclist decides to make a claim against you for any injuries he sustained.
You have not provided sufficient details about the accident to prompt a reliable answer. There is no doubt, however, that you should report the incident to your insurance company, in the event the bicyclist decides to make a claim against you for any injuries he sustained.
Q: I was hit in the District, but live in Virginia -- which laws apply?
John Mesirow's answer
DC law applies to the accident. If you were injured, you should contact a personal injury lawyer immediately. There are some things that, if not done soon after the accident, may hurt your case. For example, you want to get pictures of any property damage (e.g. car, bicycle) before it is repaired, and any visible injuries (before they heal). It is also important to get witness statements now, while their whereabouts are known, and the memories are fresh. This is not an exhaustive list. Good...
DC law applies to the accident. If you were injured, you should contact a personal injury lawyer immediately. There are some things that, if not done soon after the accident, may hurt your case. For example, you want to get pictures of any property damage (e.g. car, bicycle) before it is repaired, and any visible injuries (before they heal). It is also important to get witness statements now, while their whereabouts are known, and the memories are fresh. This is not an exhaustive list. Good...
Q: Will a law firm be able to help a pro se inventor respond to a notice to file corrected application papers?
T. J. Jesky's answer
It depends on the law firm. First, you need to find a law firm that handles patents. Second, you need to call the law firm and ask if they can help you file corrected application papers. I have a feeling that most Patent Attorneys can help you with this project.
It depends on the law firm. First, you need to find a law firm that handles patents. Second, you need to call the law firm and ask if they can help you file corrected application papers. I have a feeling that most Patent Attorneys can help you with this project.
Q: If a product is recalled, is the company required to come pick it up?
Timothy Fizer's answer
You have not provided sufficient information to be able to answer this question, because there are too many variables.
You have not provided sufficient information to be able to answer this question, because there are too many variables.
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