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District of Columbia Questions & Answers
1 Answer | Asked in Personal Injury for District of Columbia on
Q: Is there a bike helmet rule in DC? I hit a person, but they weren't wearing a helmet.
Mark Oakley
Mark Oakley
answered on Oct 20, 2018

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... View More

1 Answer | Asked in Gov & Administrative Law for District of Columbia on
Q: I'm trying to find the law which creates dllr police
Mark Oakley
Mark Oakley
answered on Oct 20, 2018

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... View More

1 Answer | Asked in Divorce for District of Columbia on
Q: Once a divorce is filed and settled are they public record for people to search and see in Maryland Case Search?
Mark Oakley
Mark Oakley
answered on Oct 20, 2018

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... View More

1 Answer | Asked in Bankruptcy for District of Columbia on
Q: Freedom Debt Relief can't add AAFES. Is it possible to stay w/FDR but file bankruptcy for only AAFES?

I want to pay my debts that FDR is helping me with. AAFES debt was @ $5k when I was forced into medical retirement from the Air Force in 2011. Even though AAFES has diverted @ $3k in tax returns to put towards my debt, they claim I owe them almost $10k now. This is an absolute abuse of power by... View More

Timothy Denison
Timothy Denison
answered on Oct 19, 2018

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.

3 Answers | Asked in Personal Injury for District of Columbia on
Q: Is a cyclist totally at fault if they didn't stop at a stop sign so when I went through I hit him?
John Mesirow
PREMIUM
John Mesirow
answered on Oct 19, 2018

I am a cyclist, so this "hits" close to home. The law in DC changed a couple years ago. In the "bad" old days, if a cyclist contributed to the accident, he/she could not recover due to a doctrine called contributory negligence. Now, fortunately, the law has changed as set forth... View More

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1 Answer | Asked in Consumer Law for District of Columbia on
Q: I was injured at a hotel. What kind of lawyer (area of expertise) do I need in order to get this situation resolved?
Tim Akpinar
Tim Akpinar
answered on Oct 14, 2018

You need a personal injury lawyer.

Tim Akpinar

3 Answers | Asked in Personal Injury and Civil Litigation for District of Columbia on
Q: I was hit in the District, but live in Virginia -- which laws apply?
Mark Oakley
Mark Oakley
answered on Oct 20, 2018

You want to sue in DC because the law of the place where the accident occurred governs your legal rights and the claim, plus DC courts have subpoena jurisdiction up to 25 miles outside its borders to compel witnesses and obtain necessary documents if needed. The defendant cannot object to being... View More

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1 Answer | Asked in Intellectual Property for District of Columbia on
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
T. J. Jesky
answered on Sep 24, 2018

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.

2 Answers | Asked in Products Liability for District of Columbia on
Q: If a product is recalled, is the company required to come pick it up?
Timothy Fizer
Timothy Fizer
answered on Sep 16, 2018

You have not provided sufficient information to be able to answer this question, because there are too many variables.

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1 Answer | Asked in White Collar Crime for District of Columbia on
Q: So what exactly is wire fraud?
Tim Akpinar
Tim Akpinar
answered on Sep 13, 2018

If you’re asking as a general matter, wire fraud is a crime defined by federal law in 18 U.S.C. 1343, where the elements are that a defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money, and that she or he did so with the intent to defraud,... View More

1 Answer | Asked in Immigration Law for District of Columbia on
Q: How long does it take to adjust status to get a green card in washington D.C. after entering with a k1 visa? Thanks!

in total what is the approximate time?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 12, 2018

According to the USCIS website, it is taking between 11 and 20 months to process cases that are to be adjudicated in the Washington, DC field office.

1 Answer | Asked in Criminal Law for District of Columbia on
Q: How can my fiance transfer his probation to another state if he is homeless in Ga?

He got no body to support him in Ga I am his fianse but I am living in Washington, DC where he was born..we are dating for almost 4 years now and planning to get married when he comes out.

Gary Kollin
Gary Kollin
answered on Sep 10, 2018

Simple.. file a request with the probation office or parole office

1 Answer | Asked in Divorce for District of Columbia on
Q: i would like to know if im married to a person not from this country i want to get a divorce

the husband from nigeria i know he got denied his green card i know this he is lying about it we dont have kids together and we dont live together he does not do right and lies all the time i want a divorce asap

Andrellos Mitchell
Andrellos Mitchell
answered on Sep 5, 2018

If you married a person by traditional marriage or common law marriage in D.C., then you can get a divorce from that person.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Going abroad with a green card approval letter.

2 months ago, I received an approval notice for my green card saying that it was approved. But I still have not yet gotten the actual green card. I have a emergency that requires me to travel abroad. I have not gotten the travel parol yet. What problems will I face when coming back? Will I be at... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 5, 2018

It could be risky. Consider making an InfoPass appointment and going to your local USCIS office to ask for temporary evidence of permanent residence.

1 Answer | Asked in Car Accidents for District of Columbia on
Q: I am a biker who collided with a car parked closer then required 30ft to an intersection. Who is liable for the incident

Car has minor damage to taillight. I am really banged up. They are trying to get me to pay for all damages to the car. While I’m not necessarily interested in going after them, it seems that they are liable for my injuries. Please clarify liability.

John Mesirow
PREMIUM
John Mesirow
answered on Sep 5, 2018

Fortunately, the law in DC for collisions like this changed in 2016. Before that time, if you were even 1% at fault (and therefore "contributed" to the collision), you were barred from recovering anything. Now, per the statute below, that defense (contributory negligence) cannot be... View More

Q: Is it legal for our government to give billions of American taxpayers dollars to an illegally nuclear armed country.

Israel has hundreds of nuclear weapons and refuses to allow inspections of their facilities and has not signed The Treaty on the Non-Proliferation of Nuclear Weapons. Not to mention, this is a hostile nation that has attacked the US military killing hundreds of American service men with no... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Aug 30, 2018

The U.S. Government has been giving Isreal Billions of dollars in foreign aid for many years and getting little in return...so apparently it is legal.

1 Answer | Asked in Probate for District of Columbia on
Q: Can a probate lawyer hire another attorney without consulting heirs or obtaining heirs consent?
Richard Sternberg
Richard Sternberg
answered on Aug 28, 2018

At least in DC, decisions about administration of the estate are made by the personal representative, subject to motions filed by any interested party. Only when the lawyer is also the PR would the lawyer make that decision. It is, however, not unusual for a lawyer who limits practice to probate to... View More

1 Answer | Asked in Real Estate Law for District of Columbia on
Q: My daddy left a will to his wife, myself and my brother. My stepmother had a letter written and notarized before death.

The letter: This is to supercede xxx Last Will an Testament. Because of health problems and aging, I, xxx, do hereby relinquish all rights, privileges and duties to and for the estate as stated in his Last Will and Testament to his children,

What is the legality of this document?

Richard Sternberg
Richard Sternberg
answered on Aug 6, 2018

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... View More

3 Answers | Asked in Bankruptcy for District of Columbia on
Q: Do you have to pay all fees up front to your lawyer before letters are sent to your creditors of your BK Filing?

Reason asking my creditors are constantly calling my place of employment all day long every single day and my cell number also. I have asked them repeatedly not to contact my place of employment but they continue to call my job anyway all day. Just need to put a stop to them calling my job and my... View More

Timothy Denison
Timothy Denison
answered on Aug 3, 2018

Varys lawyer to lawyer.

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1 Answer | Asked in Civil Litigation for District of Columbia on
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

I was the accused in a criminal matter with employer. It got dismissed and then I filed a civil case in Superior court suing for wrongful termination.I did not know to stay the civil proceedings pending criminal trial. Now defendant is trying to time bar all issues. Can parallel cases be... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 28, 2018

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... View More

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