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Monty D Desai

Monty Desai’s Answers

10 total

  • I have several felonies and misdemeanors ranging from 1999-2005 (all over 7 years old). How do I get my record expunged in VA.

    Its harder to find a job

    Monty’s Answer

    Unfortunately, The VA's expungement law is not on your side. Sorry, I don't think you will be able to.

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  • How much jail time?

    How much jail time could a 17 year old,being tried as an adult,get for driving a stolen car with four known gang members,in the state of Illinois? This is his first offense. Also I don't think he himself is a gang member but I could be wrong.

    Monty’s Answer

    This is a serious charge for which you could be facing a significant amount of time in Jail. In most jurisdictions, the prosecutors tend to go easy on the first time offenders. Having said that, You should contact a local Criminal Defense attorney for advice.

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  • If you are convicted of a DUI or have it reduced to reckless driving, what are the implications on obtaining a nursing license?

    Daughter is a nursing student who is graduating next May from South Carolina. She was arrested for a DUI, has been offered to reduce to reckless but only if she enrolls in a drug alcohol program. What is a DUI and reckless classified as?

    Monty’s Answer

    If the facts support it, I would recommend that she take Reckless Driving. It is a Traffic Violation. DUI is a criminal offense. Make sure you advise her to get the arrest charge on the DUI expunged so that it does not show up on a background check.

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  • Can an employer force you back to work on light duty because FMLA ran out and they don't want to pay thru workmans comp?

    I tore 4 tendons and two rotator cuffs lifting at work. My injury was on 3/26/12, but the company didn't approve the claim until 5/26/12. I had surgery on 6/5/12, and started physical therapy on 8/2/12. I still have no mobility. I saw my Physician...

    Monty’s Answer

    In most jurisdiction, if the work restrictions are prescribed by the Authorized treating physician and your employer can accommodate those restrictions. The answer is Yes. However, if you feel that the work restrictions are not appropriate you might seek a second opinion. You should consult a LOCAL workers comp lawyer to help you with this matter.

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  • Can I still seek restitution for unpaid expenses if the person is convicted after I have signed a release in a civil suit?

    I was in a car accident in January 2012 and the other driver was responsible. He admitted to drinking but was not immediately charged with DUI because of a lack of certified DUI officers available at the time of the accident. The state is attempti...

    Monty’s Answer

    When seeking Restitution, it is important to understand that there cannot be a windfall. What I mean by that is you cannot be compensated twice for the same loss. However, if the settlement is not sufficient to cover your losses (which seems to be the case here) you should have your lawyer put a provision in the release addressing specifically that particular issue. i.e. the release does not bar you from collecting restitution. Again, it needs to be very specific. I do not know how your jurisdiction would treat such a clause or that it would be enforceable or not. Be sure to consult a local counsel.

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  • How long do I have to file a lawsuit agents a former employer in CA for several things.

    I worked for them for three years and lived on their property. While there I was paid at least 10 less hours per week than what I actually worked. I contracted a sever disease while living and working on their property(possibly due to mold exposur...

    Monty’s Answer

    couldn't agree more with Mr. Berger.

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  • Are punitive damages that are awarded , taxible income?

    If I receive a punitive damage award for my civil case, do I have to pay taxes on that money?

    Monty’s Answer

    This should be addressed by a tax lawyer or Accountant.

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  • If i get divorce or separate will i loose my legal status or green card under conditions if they have not yet been removed?

    we should file papers for final enterview at the immigration office in 6 months and have interview in 9 months,but we were married allready for 2 years but didnt apply for green card immediately.

    Monty’s Answer

    There are several things that have to be considered in answering this question.

    1. Did you enter the marriage in good faith?
    2. What was the cause of divorce? Were there grounds for divorce? adlultery, alcohol abuse, verbal, physical abuse, abandonment, etc. In these and other situation, there are waivers available. It's complicated and thus you should seek a local counsel.

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  • What happens when you have a trial date and the other side meaning the ins.comp.wants to settle.who an how is it determin the

    amount i will receive.and when,and for how long

    Monty’s Answer

    In determining a settlement amount several things need to be considered. Three of the most important things are
    1. What impairment rating are assigned and to which body part is it assigned to.
    2. What are your work restrictions? are they significant, can you return to your original job? Has there been a vocational rehab evaluation done, etc.
    3. Are there any future medical treatment needed per treating physician?

    While these are only a few of the factors there are several others including your comp. rate

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  • What happens when you have a trial date and the other side meaning the ins.comp.wants to settle.who an how is it determin the

    amount i will receive.and when,and for how long

    Monty’s Answer

    In determining a settlement amount several things need to be considered. Three of the most important things are
    1. What impairment rating are assigned and to which body part is it assigned to.
    2. What are your work restrictions? are they significant, can you return to your original job? Has there been a vocational rehab evaluation done, etc.
    3. Are there any future medical treatment needed per treating physician?

    While these are only a few of the factors there are several others including your comp. rate

    See question