Nadezhda M Habinek’s Answers

Nadezhda M Habinek

Los Angeles Criminal Defense Attorney.

Contributor Level 8
  1. 25620 BP ticket: infraction or misdemeanor?

    Answered over 1 year ago.

    1. Douglas Holbrook
    2. Nadezhda M Habinek
    3. Kevin Samuel Sullivan
    4. Maltaise E Cini
    5. William Mark Weinberg
    5 lawyer answers

    Respectfully, I think it is only chargeable as an infraction. You need to attend the court date to determine what the City Attorney is actually going to charge you with; often what's written on the ticket is not the same as what the charges are once the prosecuting agency steps in. Hiring or consulting with a criminal defense attorney may help you advocate your position with the prosecutor either at your court date, or prior to your court date. Don't worry about the fact that you are going...

    9 lawyers agreed with this answer

  2. I am currently fighting a dui and just got another one. What happens? Can they count it as 2 dui's since Ive not been convicted.

    Answered almost 2 years ago.

    1. John M. Kaman
    2. Nadezhda M Habinek
    3. Elliot Rahmim Zarabi
    4. Amber H Lunsford
    5. Gary A Kester
    6. ···
    7 lawyer answers

    Are your two DUI's in the same county? Same court? Sometimes the prosecution catches that you've been arrested on a 2nd DUI, sometimes they don't. If they do catch it, they can continue to prosecute your 1st DUI case as a 1st DUI. Then they can file, or amend, your 2nd DUI case as a 2nd DUI. The 2nd DUI carries significantly worse consequences than the 1st. This is especially true if you were still on a suspended license from the 1st DUI. If you have two different cases in two different...

    8 lawyers agreed with this answer

  3. I HAVE A BENCH WARRANT for 60,000 FOR F.T.A. but i did complete prop 36 class.if i go 2 court will i go to jail?

    Answered almost 2 years ago.

    1. Gayle Anne-Marie Gutekunst
    2. Elliot Rahmim Zarabi
    3. Nadezhda M Habinek
    4. Kevin Samuel Sullivan
    5. Jennifer Diem-Trang Le
    5 lawyer answers

    You should get back to court ASAP. The longer you wait, the worse it is -- not only because it will look bad to the judge; but because an open bench warrant means you can be arrested any time (in most cases). You should bring an attorney with you when you turn yourself in, and have them make the best case possible for you in front of the judge (the other attorneys' answers have addressed this in detail). If you cannot afford an attorney, you should still go ASAP. Go early in the morning so...

    7 lawyers agreed with this answer

  4. If I want to file an appeal for the way my fiance was sentenced, will it cost a lot? Or does it depend on the lawyer I hire?

    Answered almost 2 years ago.

    1. Nadezhda M Habinek
    2. Chris J Feasel
    3. Neil James Fraser
    4. Charles K. Kenyon Jr.
    4 lawyer answers

    Under certain circumstances, your fiance may be entitled to court appointed counsel that will represent him in his appeal without charge to you. Was your fiance represented by the PD's office? Did his prior attorney file a notice of appeal already? If the answer to both of these questions is yes (and you should contact his prior attorney to find out), then your fiance may have counsel appointed to represent him. Please note, this is an oversimplified answer, but it should not take you or an...

    7 lawyers agreed with this answer

  5. DV charges dismissed at arraignment ?

    Answered almost 2 years ago.

    1. Nadezhda M Habinek
    2. Lewis Robert Rosenblum
    2 lawyer answers

    It's hard to say for sure, but generally an "office hearing" means that the DA or City Attorney is willing to offer some alternative to criminal prosecution in a case. They might be willing to offer your former boyfriend counseling or batterer intervention classes, or something similar, instead of trying him in criminal court. So in some ways you're right it is more like a mediation than a prosecution. HOWEVER, I strongly suggest you contact the DA or CA on the case. Look on your notice of...

    Selected as best answer

  6. Domestic violence. my Boyfriend hit me. I dn't knw wht 2 do.plz tell me wht will happn if we go court. I always defended my self

    Answered over 1 year ago.

    1. Nadezhda M Habinek
    2. Morgan Laine Place
    3. Hillary Johns
    3 lawyer answers

    The first thing you should do is take steps to protect yourself. Do you have someplace else to stay, even just for a few nights? There are also domestic violence shelters that can assist you. You need to think about whether you need to take more steps to get out of there while you report his behavior. Get yourself safe, first. Another way to help you stay safe is seeking a restraining order. You can go to the local courthouse and fill out domestic violence restraining order paperwork....

    5 lawyers agreed with this answer

  7. In California, can police arrest me without probably cause, just because I refuse to answer their questions or identify myself ?

    Answered almost 2 years ago.

    1. Nadezhda M Habinek
    2. Joseph Franklin Pippen Jr.
    3. Nicholas Basil Spirtos
    3 lawyer answers

    I read your previous questions and the attorney's answers and I believe what they were getting at, is that it would not be an "arrest" requiring probable cause, but rather an "investigatory detention" -- i.e., depending on circumstances, the police may be able to bring you to the police station to ascertain your identity. Reasonable suspicion and probable cause are very fact-specific standards and are usually applied by a court in hindsight, after an arrest or some other action has been...

    5 lawyers agreed with this answer

  8. Will a 12 year arrest record prevent someone to work in the law enforcement field? Or on any government office?

    Answered almost 2 years ago.

    1. Sherry Chalor Cross
    2. Nadezhda M Habinek
    3. Christine C McCall
    3 lawyer answers

    It is possible to file a petition under PC 851.8 to seal your arrest records. Even though the arrest shouldn't affect employment, once you get a chance to explain what happened (or didn't happen), it may show up on background checks. An 851.8 petition can get the matter sealed completely. Consult a local attorney who has expertise with sealing records.

    5 lawyers agreed with this answer

  9. Can I file a Habeas petition for someone that is in prison?

    Answered almost 2 years ago.

    1. Michael Charles Doland
    2. Nadezhda M Habinek
    3. Robert Laurens Driessen
    3 lawyer answers

    I agree with the other attorneys' answers. Habeas corpus petitions are very rarely successful, so it's really in your interest to contact an attorney. You should look up the website for the Prison Law Office. Their site has a lot of reference materials for you so that you can understand the habeas process, and you can try contacting their staff for advice on your friend's case. Good luck to both of you.

    Selected as best answer

  10. When one is pro per, and filing for an appeal, what other forms need to be filled out and submitted along with it?

    Answered almost 2 years ago.

    1. Antonio Arturo Cota
    2. Harry Edward Hudson Jr
    3. James Lawrence Knox
    4. Robert Pecco Baker
    5. Nadezhda M Habinek
    6. ···
    6 lawyer answers

    If you're in LA County and you had a PD on appeal, and you were sentenced to prison on the case, you are under many circumstances entitled to an appointed (i.e. free to you) attorney on appeal. Contact your PD and also contact the Appellate Project for your district to find out if anyone an appeal has been filed. That said, I agree with all the other attorneys, an appeal is tough to win even for an appellate specialist. You should have an attorney do this for you. But if you want some...

    4 lawyers agreed with this answer