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District of Columbia Questions & Answers
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

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1 Answer | Asked in Contracts for District of Columbia on
Q: If someone leaves furniture out and it is believed to be trash and then someone else takes it?

If the owner leaves a sign out asking for it back are the people who took it legally obligated to return it

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

Once you trash an item, you relinquish ownership of it. But it's key that the item was in fact thrown away rather than in transit or being temporarily stored somewhere. 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

1 Answer | Asked in Real Estate Law for District of Columbia on
Q: Can a buyer void a contract for "personal reasons" but use their "right to void" from the inspection addendum?

My wife and I just signed a contract with a buyer to sell our home on 22 May 2016 (FSBO, but we offered the buyer's agent 2.5%). Today, the agent's assistant emailed us the following message: "Unfortunately an unexpected personal event has come up and [buyer] has to void the... View More

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

It sounds like a possible breach, but more facts and review of the contract are required. 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... View More

1 Answer | Asked in Appeals / Appellate Law for District of Columbia on
Q: Can a plaintiff appeal a decision on an issue raised by a different plaintiff?

i.e. can plaintiff 1 appeal the decision on issue 1, if issue 1 was originally raised by plaintiff 2?

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

You may lack standing to bring this sort of appeal. It depends on the facts of this seemingly multi-plaintiff case; but if they're 2 separate cases, then typically not. More facts are needed here. The best first step is an Initial Consultation with an Attorney. You can read more about me on my... View More

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 Appeals / Appellate Law for District of Columbia on
Q: do I need an appeals lawyer to file a motion?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 15, 2016

You are generally permitted to litigate actions and file appeals on your own, without a lawyer representing you; but having a lawyer is advisable if you can afford one. An exception is that if you're in a corporate action where you're trying to represent an incorporated entity (e.g., your... View More

1 Answer | Asked in Business Law and Contracts for District of Columbia on
Q: How can I get back my money paid for a service that I never used?

I signed a contract agreement with a hotel to get an event service. The hotel's obligation was to provide dinner for my 300 guests. And my obligation was to pay 50$ for each guest. I made down-payment for 150 guests at initial, and agreed to pay the remaining one week before the event day. The... View More

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

Looks like the contract you signed says no refunds. It's important to let an attorney review it for you in full. 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: 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 Business Law for District of Columbia on
Q: What damages are awarded if a cooperative board of Directors did not abide by a court order.

The board refused to acknowledge a members share certificate, but the court found validity through testimony that the share certificate issued was valid by prior Board of Directors to be valid. If the board is being retaliatory against the member and refuses to acknowledge the member.

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

You're not providing a lot of necessary facts here, yet you're asking for a specific answer. 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,... View More

1 Answer | Asked in Civil Rights and Education Law for District of Columbia on
Q: "Does the ADA put an affirmative duty on public schools to provide an accommodation to a policy for a disabled student?

What notice what a parent have to give that would trigger an ADA accommodation for a public school policy

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

The ADA requires public schools to provide reasonable accommodations for students falling under ADA protections so long as the student/ parent properly and timely discloses a valid disability listed under the ADA. The best first step is an Initial Consultation with an Attorney. You can read more... View More

1 Answer | Asked in Collections and Real Estate Law for District of Columbia on
Q: How do I collect a judgment awarded by the Court against a contractor that caused major damage during home repairs?

Hello - A real property lien has been filed with the state. The defendant jointly owns a house with his mother (she lives elsewhere), and a foreclosure case on the property is in progress. The mother is trying to refinance in order to keep the house. As the property has considerable market value... View More

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

Try finding a foreclosure attorney, bankruptcy attorney, and collections lawyer online, and ask if they take cases on a contingency. 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;... View More

1 Answer | Asked in Real Estate Law for District of Columbia on
Q: Our disclosure statement said our roof is 0-5 years. Is an overlay on an old roof considered a new roof?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

It depends on what you mean by "overlay" and what the disclosure statement specifically stated. 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,... View More

1 Answer | Asked in Business Law for District of Columbia on
Q: What does business affiliation in a state mean?

Can it be a business that is licensed in state A but has a physical business address in B, therefore has business affiliation in state B? Or does it mean needing a connection to a business licensed in state B to do business in state B?

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

It sounds like you're dealing with a jurisdiction question, which can be complicated. 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... View More

1 Answer | Asked in Domestic Violence for District of Columbia on
Q: My husband was charged with a 2nd degree domestic violence about 6 mnts ago my mother cld the cops again &has a warrent

For a crime he didn't do.... I didn't give a statement they didn't take any pictures and he didn't go toops jail, wth? We have a baby due in August he would never put his hands on his pregnant wife!

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

Get an attorney for your husband who can communicate this information to the DA on your behalf. You can be a witness for your husband at his trial. 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... 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 Trademark for District of Columbia on
Q: How do I go about trademarking an Music Artist/Musician name?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 7, 2016

Get in touch with a Trademark lawyer, as it can be tricky doing it yourself via the US PTO. 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 nor does it create any Attorney-Client... View More

1 Answer | Asked in Landlord - Tenant for District of Columbia on
Q: My landlord has issued policy changes regarding roommates that affect all residents without prior notice. Is this legal?

I live in Washington DC and the changes were made two months after I signed the contract with the apartment building so it’s almost like I was signed into a list of additional stipulations that I wasn’t aware of at the very beginning of my tenancy.

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

That sounds illegal to me, but it depends on the terms of the rental agreement you signed, and whether the changes were instituted due to requirements of new laws. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer... 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 Employment Law for District of Columbia on
Q: I was fired from work and the reason they give me is I violated company policy. When I ask for proof of the policy

when I ask for proof on the policy they never can show me proof. Can I sue them for that ?

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

It depends on whether you have an employment contract that requires explicit "good cause" for termination, or whether you're an "at will" employee as are most workers (meaning "no cause" termination is valid, so long as there's no other violation of the law... View More

1 Answer | Asked in Divorce and Family Law for District of Columbia on
Q: Is a prenup a good idea for everyone?

I am getting married and just don't know!

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 1, 2016

I have to say Yes. It is very customizable and recommended. 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 nor does it create any Attorney-Client relationship.

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