District of Columbia Criminal Law Questions & Answers

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
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...

Q: What motion do you file to ask for a bond on a capias

2 Answers | Asked in Criminal Law for District of Columbia on
Answered on Dec 6, 2018
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.

Q: How can my fiance transfer his probation to another state if he is homeless in Ga?

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Sep 10, 2018
Gary Kollin's answer
Simple.. file a request with the probation office or parole office

Q: What does it mean if you have a bench warrant?

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Jun 12, 2018
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.

Q: Can an inmate file for a protection order if his accuser is harassing him?

1 Answer | Asked in Criminal Law and Domestic Violence for District of Columbia on
Answered on Feb 21, 2018
Mark Oakley's answer
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 with US mail.

Q: If a judge throws out a criminal conviction, can a prosecuting attorney request and go forward with the re-trial?

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Feb 21, 2018
Mark Oakley's answer
Depends on the basis the judge “threw out” the conviction. You provide insufficient facts.

Q: If someone got in a fight and threw something and it hit someone else what’s the punishment if the person press charges?

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Jan 23, 2018
Mark Oakley's answer
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.

Q: I'm 15 and pregnant and the baby father is 24 what could happen ? Can he sign the birth certificate?

1 Answer | Asked in Juvenile Law and Criminal Law for District of Columbia on
Answered on Sep 6, 2017
Ali Shahrestani, Esq.'s answer
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 my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...

Q: What can i do if someone threatens to expose my private convos with a partner? Sexual convos

1 Answer | Asked in Criminal Law and Sexual Harassment for District of Columbia on
Answered on Aug 13, 2017
Ali Shahrestani, Esq.'s answer
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 credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...

Q: In conspiracy if ther is no verbal agreement between 2or more persons how can they be charged with conspiracy

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Aug 13, 2017
Ali Shahrestani, Esq.'s answer
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 practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...

Q: My aunt on behalf of my grandfather filed for cpo in order to evict during the hearing it was established that she had

1 Answer | Asked in Criminal Law, Domestic Violence and Libel & Slander for District of Columbia on
Answered on Jul 26, 2017
Ali Shahrestani, Esq.'s answer
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 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...

Q: What's the marijuana law in Washington DC?

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Jul 18, 2017
Ali Shahrestani, Esq.'s answer
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/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...

Q: hi i just want to illustrate my case.

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Jun 25, 2017
Ali Shahrestani, Esq.'s answer
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 can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...

Q: I have this case

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Jun 23, 2017
Ali Shahrestani, Esq.'s answer
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, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...

Q: How do I file a complaint against a lawyer for tampering with and destroying evidence.

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Jun 22, 2017
Ali Shahrestani, Esq.'s answer
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 credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...

Q: What are the responsibilities in D.C. of rescue, police, and other parties at a 2-car hit-and-run car crash scene?

2 Answers | Asked in Car Accidents, Criminal Law and Personal Injury for District of Columbia on
Answered on May 16, 2017
Ali Shahrestani, Esq.'s answer
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 Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in...

Q: do release conditions ordered by court apply if you were never let out of custody?

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Apr 22, 2017
Quentin Douglas Driskell Esq.'s answer
Context is important to answer this question. I can see a situation where someone was being released on one charge, but was being held on another charge. If that were the case the release conditions would apply whenever the person was finally released.

Q: How many times will a judge "continue" a PFA?

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for District of Columbia on
Answered on Apr 19, 2017
Ali Shahrestani, Esq.'s answer
Continuances are based on the facts of the case and relevant law. They are determined by judges using their discretion on a case-by-case basis. They should not be abused. 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, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and...

Q: Can I choose who to charge in a breaking and entering case? (Washington DC)

2 Answers | Asked in Criminal Law for District of Columbia on
Answered on Apr 17, 2017
Ali Shahrestani, Esq.'s answer
You can sue in court for trespass and related damage. If you report the matter to the police, they may investigate all 3 people, and the DA solely (nobody else) determines who to charge. 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, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in...

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