District of Columbia Recent Legal Answers from Lawyers

CPT is an integral part of the school curriculum giving credit to those who take it. Therefore it seems incongruous that CPT would extend further than the ending date of the semester. For work during the summer which does not give course credit but is related to the subjects that you are studying, pre-completion OPT would appear to be the more appropriate form of practical training. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

Probable cause means that the officer has a reasonable suspicion that a crime is being or has been committed. That reasonable suspicion can be based upon complaints from neighbors or others who would have a good reason to know about what was going on at the house or on things the officer can personally observe when at the location. Providing alcohol to minors is a crime that would allow an officer to enter a private residence. The court-imposed consequences to the owner of the property, the person(s) in residence, and the person who provided or made the alcohol available can range from a fine to jail time. Social consequences can include loss of employment, social shunning, loss of opportunities at school/work/clubs/events, increase in insurance rates, and other limitations.... Read More

The only way to get someone off a mortgage would be to either repay the mortgage or to refinance without the person's name on it. You cannot simply take someone's name off a mortgage until it is paid off or refinanced. It is also important to bring up the fact that even if the name was taken off the mortgage it would not be taken off the deed. Depending on which state you live in even if your spouse is not making payments, the house will still be happy affairs regardless on if they paid or not. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More

This depends on which state you live in and the laws of that state, as these vary significantly from state to state. If you are not able to catch up on your delinquent payments on your home mortgage in the time that is allowed by your state, not war a there are still options. If you were to file a chapter 13 bankruptcy you could stop all foreclosure proceedings and be given a three to five-year time period in order to repay your delinquent mortgage payments and keep your mortgage current. This will keep you in your house and all field help you with any unsecured debts such as credit cards and medical bills that you may have. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More

A name correction can be taken care of at the time of a U.S.C.I.S. adjustment of status interview with the interviewing officer. However, new security background checks will have to be conducted that will delay any adjudication of your husband's case. That is because U.S.C.I.S. likely did not run the correct name when it went through his background checks, and so will have to do it again. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

I recommend that you take advantage of a free consultation offered by an attorney located in your area. It is very difficult to answer these types of questions via email. Do some research on who is a good attorney in your area and most offer no obligation consultations which can get you started on what you need to do with an injury claim from a car accident.   You may need to call more than one attorney but speaking with attorney should be the first step if you have not been through  the insurance claims process before with a personal injury.... Read More

I-130 Question 14b asks *"Did you gain permanent resident status through marriage to a U.S. Citizen or lawful permanent resident?"* If, since your obtained LPR with an I-360 filing based on VAWA, you were "a battered or abused spouse or child of a U.S. citizen or lawful permanent resident," then you should answer "Yes' If you have any other questions on any of the other forms, such as I-130, I-485, I-864, I-765 or I-131, then please contact my law office.... Read More

This is a very good question. Times are changing and so are the laws. As I understand it, the District of Columbia City Council is working on a bill which will penalize less than an ounce of marijuana with a $25 fine. Some judges I appear in front of in DC are listening to that intent prior to the passage of the bill. Other judges are not. Currently the penalty under the statute is up to 180 days in jail, up to a $1000 fine, and from $50 to $250 in court costs (VVC). However, before sentencing, there are always potential defenses including legality of the search, or other potential defenses. Additionally, before a person is convicted of possession of marijuana, there are multiple diversion options to prevent ever receiving a conviction, and then more (and sometimes better) post conviction remedies such as 904.01(e) probation. Good luck and be sure to speak with a lawyer about your case.... Read More

Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered. If you suffer lasting harm from a medication error, and you want to investigate a medical malpractice case you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read More

There have been all sorts of law suits on this topic, particularly in the '90s. The issue is fact intensive and relates to how much did you sample from the original work, would your purchasers recognize the source of the material that you took, is your work likely to diminish the economic value of the original work. In 1994, the Supreme Court cited from the Folsom v. Marsh case:"look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects, of the original work." Folsom v. Marsh, 9 F.Cas. 342, 348 (No. 4,901) (CCD Mass. 1841)"See also: http://www.ehow.com/list_6590661_copyright-laws-sampling.html http://en.wikipedia.org/wiki/Legal_issues_surrounding_music_sampling http://www.bmi.com/news/entry/C_in_a_Circle_-_Playing_Fair The end result is that sometimes it is legal to sell without consent, but it is hard to identify when, so you are better off to seek consent first or not bother sampling from the music of others. Good luck, Todd  ... Read More

Check the court website to see if it was filed online.  If not, you (or someone on your behalf - if you have no one else, there are lawyers' services that do this all the time) will have to go to the clerk of the court to get a copy from the file containing all the papers relating to the litigation.  Since the judgment is so old, it may have been sent to the archives, but you should eventually be able to get a copy.... Read More

If your employer employs 50 employees, you worked 12 months, and have been full time, then you should make a formal request for FMLA indicating that you had previously requested leave time and received no response.  They will have to respond to that or be in violation of the law. If the employer is too small to be subject to the FMLA, your rights are limited. You should continue to follow up through emails so there is a record of your attempts to get your leave.  You may also want to consult with an attorney in D.C. who is aware of local laws that might also protect you.... Read More

If you have solid proof that you were in a bona fide marriage with your ex-husband (child together is the best proof), then you can file for the I-751 application to remove the conditional basis of residence status at this time. If on the other hand you choose not to do this, you could possibly wait until the expiration of the conditional residence period, and then try to apply again through your new husband. Under the latest guidance from U.S.C.I.S., you may have to go through the immigration court to have your status readjusted through your new husband.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

If you are no longer married to a US citizen, you'll have to wait the full five years (actually, 90 days before the five-year anniversary of your lawful permanent resident status).  Travel is not a problem as long as you were not gone longer than 180 days total over the five-year period.... Read More