Lawyers, Answer Questions  & Get Points Log In
District of Columbia Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for District of Columbia on
Q: Can I choose who to charge in a breaking and entering case? (Washington DC)

I had an incident occur today where three people I know broke my front door and proceeded to enter my residence without my permission or knowledge. Can I charge two of the three with breaking and entering and totally absolve the third of any wrongdoing or would all three most likely get prosecuted... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 17, 2017

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... View More

View More Answers

1 Answer | Asked in Criminal Law for District of Columbia on
Q: If a officers lies on a search warrant on specifics of what happened like saying someone was shot and they weren't ?
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 3, 2017

You can challenge the warrant's validity and the evidence that is found due to the invalid warrant, potentially. 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... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Military Law for District of Columbia on
Q: Do you think I'll be getting chaptered?

About a month ago I was caught inderage drinking. I filled out a sworn statement, signed the counselings, everything. I was told I would be getting a Co Grade Article 15. Its still sitting at legal. Now, i just recently got caught underage drinking again mainly becuase i got in a fight and broke my... View More

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 21, 2017

With your youth, relative newness to the Army, and rank - you can expect a harsh Article 15 punishment. Being chaptered is possible, but my experience has been that the Army has invested time and money in you and hopefully they see this as something that's in the past. You need to soldier on... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for District of Columbia on
Q: How to counter a criminal summons with a civil claim before a court date?

State of Virginia Trooper in collusion with a Sherrif's deputy and towing companies. Anti-fraud statute should apply under Sherman Act, presumably?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 20, 2017

You should contact a VA lawyer about this, rather than posting on the DC forum. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions,... View More

1 Answer | Asked in Criminal Law for District of Columbia on
Q: A vendor in a grocery store intentionally kicked a plastic step ladder my direction. It hit my cart can I file charges?

A coca cola vendor in a crowded grocery store violently kicked a plastic step ladder in my direction after I politely asked him if I could pass by him. After ignoring me for about a minute he rolled his eyes then kicked the ladder so hard it hit into my cart! It could've been me but luckily My... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

This may be considered assault, and you can report it to the police. You can also report it to the store manager. 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,... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for District of Columbia on
Q: Who won the District of Columbia v. Heller case?

It is a case that focuses on the 2nd amendment. (I just need to know who won that case)

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

See: https://www.law.cornell.edu/supct/html/07-290.ZS.html

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. I practice law in CA, NY, MA,...
View More

2 Answers | Asked in Criminal Law for District of Columbia on
Q: can i get barred from an apartment complex by false accusations

i was told by my mother in-law that if i come back on the property i will get arrested and he will get a 30days notice because they say i threaten the neighbor in front of the police. nothing is being done about these false accusation but me being put off the property for no reason

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 15, 2016

You may have a suit for defamation. But property owners can exclude people at will, so long as they're not violating any contracts or statutes (e.g., discrimination). The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This... View More

View More Answers

1 Answer | Asked in Criminal Law for District of Columbia on
Q: i have pressed charges on my husbands nephew what happen if i dont show up to court? i already missed the first court.

He broke my car window and stole my licensed plates

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 15, 2016

Is this a criminal or civil matter? If it's a criminal matter and you're the victim, the DA would handle the matter. If the DA or another party subpoenas you to appear in court, then you must do so. If it's a civil matter, you must appear in court if you filed the lawsuit, unless... View More

1 Answer | Asked in Criminal Law for District of Columbia on
Q: Can I sign a document on the behalf of someone else if I have their permission to do so.

I need one of my parent to sign an online application on FAFSA before my application can be processed. But she is unable to do so because she is far away in Africa and cannot read English or operate a computer.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 15, 2016

Definitely not. That's a federal loan application. She needs to sign it herself with the help of a translator. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... View More

1 Answer | Asked in Criminal Law for District of Columbia on
Q: what do I do about harassing calls and threatening voicemails I receive when I'm not encouraging it?

I have been receiveing harassing and threatening voicemails and text since March. They go for a couple weeks then stop then back up again. I don't know what to do. I have blocked the person and it's still happening.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

Report it to the police, and contact your phone company to try to trace the origin. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties;... View More

1 Answer | Asked in Constitutional Law and Criminal Law for District of Columbia on
Q: Is it illegal to desecrate the American flag? I saw on the Cornell university law school website that it was?

People say that this doesn't mean anything but is it the current law or not? I'm finding alot of opposing ideas on it. Is it illegal or not? (1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 7, 2016

There are indeed legal precedents which hold that the right to free speech permits political acts such as flag burning. However be prepared to defend the fact that such an act was indeed political speech and not otherwise endangering the public's safety. It can get tricky, especially depending... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for District of Columbia on
Q: Can a judge order an abuser to pay a petitioner's legal fees, as well as pay rent, as part of a civil protection order?

My friend T.L. (anonymous) was physically and verbally assaulted by her boyfriend. She had the cops remove him from her apartment (he was not on the lease in the first place) after she called to say that she felt unsafe around him. She is interested in filing a protective order, but wants to know... View More

Sean R Hanover
Sean R Hanover
answered on Nov 18, 2016

Great question! So, when you file in DC for a protective order, you ask what relief you are seeking. When you go to Court, the judge will complete (or you will settle with the opposing side) an order regarding your motion for a protective order. A section on that "order" includes... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for District of Columbia on
Q: If a child was pushed to direct them in the room in which they were asked to to their chores

If a child was pushed to direct them in the room in which they were asked to do their chores and they slipped and hit their face on the carpet and it caused a rug burn not meaning for any of it to happen or cause injury or harm can a parent be charged for assault on a child or possibly lose custody... View More

Sean R Hanover
Sean R Hanover
answered on Sep 14, 2016

I would recommend contacting us at your earliest convenience. This matter is serious. In response to your question -- yes, you can be charged with assault. Assault is the unwanted touching (or imminent threat of touching) of another without privilege and without consent. DC Code 22-404(a)... View More

1 Answer | Asked in Criminal Law for District of Columbia on
Q: I was recently arrested in Delaware. I live in DC and cant make it on my court date. Is there a way to extend my date?
Quentin Douglas Driskell
Quentin Douglas Driskell
answered on Apr 10, 2016

That would depend on what you were arrested for, and the reason you can't make the court date. You, most probably, will not be able to get a new court date. You should obtain counsel in Delaware immediately and inform him/her of the reason you want a new date. The more serious to offense, the... View More

1 Answer | Asked in Criminal Law, Education Law and Municipal Law for District of Columbia on
Q: Can the University Police confiscate and not return items that are not illegal?

I am currently attending a private university in the District of Columbia. The Campus Police department confiscated my pocket knife citing "weapon's law violation" and are charging me, through the university's justice system, with that charge. My question is the Police Officer... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 9, 2015

Yes. That is the evidence to be used in the informal trial against you. I suggest that you hire an attorney for this. What does the student handbook say?

1 Answer | Asked in Criminal Law for District of Columbia on
Q: In Washington D.C. how long can they hold you without indicting you
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 7, 2015

This question will most likely sit here forever if I do not direct you to go see a local criminal defense attorney about this.

1 Answer | Asked in Criminal Law for District of Columbia on
Q: can a person on federal probation smoke marijuana for medical use legally

On federal probation but the state has allowed marijuana use for medical and recreational purposes.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 28, 2015

No facts given. That is like asking grandma to make fried chicken without the chicken.

1 Answer | Asked in Criminal Law for District of Columbia on
Q: Can a police officer charge a 13 year old with sexual harassment & terrorists threat without proof or a parent present

Or guardian present? Even if it was just he said she said?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 25, 2015

What use is it to ask if something can happen that already has happened? The point is what can be done about it. The answer to that is that you need to have a full discussion with a local private criminal defense attorney to find out.

1 Answer | Asked in Criminal Law and Juvenile Law for District of Columbia on
Q: What are the penalties for underage possession of marijuana in Maine?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 16, 2015

What was the amount? You didn't say. So we have to assume the answer to our own question? You can do an internet search to get basic information on punishment for crimes in Maine.

1 Answer | Asked in Criminal Law for District of Columbia on
Q: What do I need to do to get a license and permission to open up a medical marijuana dispensary. ?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 28, 2015

Hire an attorney who knows the local laws regarding this.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.