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District of Columbia Questions & Answers
1 Answer | Asked in Small Claims for District of Columbia on
Q: I brought a car last night and now I realize that the odometer have been tempted with. What should I do I live in md
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

Did you buy the car in DC or from an owner or dealer in DC? If you bought it in MD, you may need to consult with a MD lawyer for help re: fraud and breach of contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Car Accidents for District of Columbia on
Q: I was involved in a car accident while in my ex friend's car. All paperwork and my ex friend said he was driving.
Mark Oakley
Mark Oakley
answered on Jan 24, 2019

And your question or concern is what? Are you saying you were a passenger, and injured? If so, contact a personal injury lawyer. Are you saying you were actually the driver and the paperwork is wrong? Contact a lawyer in private to discuss the details, as whether this is just an innocent error,... View More

1 Answer | Asked in Personal Injury for District of Columbia on
Q: If I was responsible for a car accident that caused the other person to miss a client appointment and they subsequently

got fired, can they sue me for their lost salary as a result of their job termination?

Tim Akpinar
Tim Akpinar
answered on Jan 3, 2019

A claimant could sue for anything, but in general, lost wage claims tend to involve defined periods of time missed from work, with set start and end points. If you are confronted with such a suit, you should notify your insurance carrier and the attorney handling your case if you are represented by... View More

1 Answer | Asked in Patents (Intellectual Property) for District of Columbia on
Q: Is it ethical for a patent attorney to never tell you how much its going to cost, write less than 4 pages out of 66 (

the rest being my provided words and drawings or lifted verbatim from the prior art patent [including the 1 and only claim] trying to differentiate from) and then charge $15k plus filing fees?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Dec 28, 2018

I am so sorry that you have had a bad experience with your patent attorney. Ideally, there is an open flow of communication going back and forth.

It is often hard to give a precise estimate, especially with a new client as the costs to prepare a patent application will vary with the...
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1 Answer | Asked in Landlord - Tenant for District of Columbia on
Q: Habitual Lateness

My landlord have been accepting my late fees and rent late from day one. Can my landlord evict me out

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 26, 2018

Failure to timely pay rent can be a basis for eviction. Why not pay on time? Are you being evicted? 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... View More

1 Answer | Asked in Immigration Law for District of Columbia on
Q: What are the eligibility requirements for H1-B cap gap?

I am currently working with a non-profit organization in D.C. on my STEM OPT. My OPT runs out in February and the organization has agreed to sponsor my H1-B. I primarily work in their research division. We missed the the April deadline. Are we eligible for the H1-B cap gap.

Karina Garcia Herhusky
Karina Garcia Herhusky
answered on Dec 21, 2018

A cap-gap extension extends an eligible F-1 student's status to bridge the gap between the end of the F-1 and the beginning of the H1-B. It allows the student to remain in the U.S. during the gap. The H1-B cap limits the amount of H1-Bs allowed each fiscal year. The fiscal year begins October... View More

2 Answers | Asked in Divorce for District of Columbia on
Q: My wife and I are getting a divorce. She is going to try and get alimony and child support. I am the sole provider for

I am the sole provider for the kids is this possible?

Andrellos Mitchell
Andrellos Mitchell
answered on Dec 21, 2018

Call me.

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3 Answers | Asked in Civil Rights and Criminal Law for District of Columbia on
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?
Mark Oakley
Mark Oakley
answered on Dec 19, 2018

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...
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2 Answers | Asked in Personal Injury and Animal / Dog Law for District of Columbia on
Q: If my dog gets out and bites someone but it was the fault of my contractor who didn't create a sturdy fence, am I still

going to be liable for the injured person's medical bills?

Mark Oakley
Mark Oakley
answered on Dec 18, 2018

Yes. It’s your dog and your defective fence. Turn the claim over to your homeowners insurance company to pay. If you are still within the warranty period or statute of limitations to sue the fence contractor for defective work, you can sue to have the fence repaired or restored to proper... View More

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1 Answer | Asked in Federal Crimes for District of Columbia on
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.

He was arrested in Michigan but it's a federal case. He's somewhere down south. Everything I find online points to DC. I'm so lost. I just need guidance

Bernard Crane
Bernard Crane
answered on Dec 17, 2018

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.

2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for District of Columbia on
Q: Is it allowed to use logos of automotive companies in the commercial video? The video shows the progress of the industry

I'm a video editor and was hired to make an internal use video for one company that wants to expand their business. As a part of the video, we need short animation showing the race for electrification in the automotive industry. I need to include logos of the GM, TESLA, NISSAN, and other... View More

Andrew Zulieve
Andrew Zulieve
answered on Dec 17, 2018

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.

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2 Answers | Asked in Real Estate Law for District of Columbia on
Q: I have a pending real estate transaction that involves a listing agent who's refusing to split the commission. Advice?

I am the procuring agent in this transaction as I brought the buyer to the table... the property hadn't sold in years after being listed with same agent.

Richard Sternberg
Richard Sternberg
answered on Dec 11, 2018

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... View More

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2 Answers | Asked in Criminal Law for District of Columbia on
Q: What motion do you file to ask for a bond on a capias
Mark Oakley
Mark Oakley
answered on Dec 6, 2018

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... View More

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1 Answer | Asked in Real Estate Law for District of Columbia on
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

The other party was willed their portion of the house. The 2/3rd owner has lived in it for 50 years

Richard Sternberg
Richard Sternberg
answered on Dec 4, 2018

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.

1 Answer | Asked in Civil Litigation and Legal Malpractice for District of Columbia on
Q: Can a law firm be sued?

The law firm representing me in a civil/non-payment of rent pro bono case made a donation to a non - profit legal organization that filed an unfounded domestic violence (criminal) case against me in family court on behalf of a woman who married me for a green card.The law firm did nothing for me... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Nov 30, 2018

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.... View More

1 Answer | Asked in Business Formation and Business Law for District of Columbia on
Q: I want to set up business of marijuana cookies in Northern Virginia and Washington, DC
Bernard Crane
Bernard Crane
answered on Nov 29, 2018

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...
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1 Answer | Asked in White Collar Crime for District of Columbia on
Q: Is there any difference between a white collar and a corporate crime or are they the same thing?
Bernard Crane
Bernard Crane
answered on Nov 13, 2018

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...
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1 Answer | Asked in Personal Injury and Car Accidents for District of Columbia on
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

they are saying I need to provide documentation of a prior, unrelated medical appointment that related to my back. Do I really have to send in this documentation?

Mark Oakley
Mark Oakley
answered on Nov 12, 2018

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... View More

2 Answers | Asked in Personal Injury for District of Columbia on
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?

I doubt the employee has the money to pay for my medical bills.

John Mesirow
PREMIUM
John Mesirow
answered on Oct 29, 2018

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,... View More

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1 Answer | Asked in Business Law and Employment Law for District of Columbia on
Q: Should I make an LLC and get paid through that, or just receive a W-2 like every other employee?

My new employer (there's only 2 of us in the company so far) has suggested I form an LLC so he can pay me through that instead of giving me a check each pay day like a normal employee would. He says the point of doing it this way is so I'll be taxed less and get to keep more of my money.... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Oct 22, 2018

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.

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