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Nadezhda M Habinek

Nadezhda Habinek’s Answers

41 total


  • Can someone tell me what is the next step in filing an crimminal appeal after filing as far as you can with the state

    my son is in prison his public defender said he has appeal his case as far as he can with the state. who can my son appeal to now? How does he do it? Where does he file? The crime took place in los Angeles county. Its a crimminal case.

    Nadezhda’s Answer

    I concur completely with the answers above, once the state level appeals are exhausted going federal is probably the best option.

    I write only to add a few practical concerns. First, your son's public defender said he's appealed the case? Well in LA County, generally the public defenders do not handle appeals, instead those are directed to another panel of attorneys from the California Appellate Project. That appellate specialist should have been in touch with your son, and your son should have received documents, letters, and copies of briefings in his appellate case, as that is his right. I would suggest calling the Public Defender and calling the California Appellate Project, or hiring and attorney who specializes in appeals, to figure out what happened here. Your son is entitled legally to view his files, and documents filed on his behalf are his legal property and he has a right to them (or he can designate they be sent to you if you are the one with resources to fight for him).

    Any attorney -- or your son, or jailhouse lawyer -- needs to see the documents that were filed in his state appellate case. You need to access those. If you cannot figure out how to do it, please contact an attorney who can. Best of luck.

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  • I was charged with a felony in 2003 I believe. the stipulation was that I could have the felony dropped to a misdamenor

    file a motion under section 1203.4 to have it dropped........ how do I move forward with this?

    Nadezhda’s Answer

    I have had clients make deals in the past that sound similar to your situation. (Although I can't say for sure because I don't have your facts.) If you have completed your probation term successfully and are not currently on probation or facing new charges, you may be eligible to file a petition with the court to reduce your felony to a misdemeanor, and then expunge the conviction under 1203.4. You should call a criminal defense attorney who is experienced with these kinds of cases. You can also call the public defender's office (La Verne is in Orange County, right? They have a program that deals specifically with reductions and expungements). Or you can file the petition yourself, look at the California Courts website. Print out the forms, fill them out and take them to the clerk's office at the courthouse you were convicted at.

    You can call my office any time. Best of luck.

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  • What happens if i dont pay my subway fare evasion on time?

    on december the 5th i went to the metro greenline bought a ticket with my cousin and got on the train, heading to our destination. when we got off we were asked for our ticket. we gave it to them only to have them pull us to the side, and tell us ...

    Nadezhda’s Answer

    Your question is a little bit confusing to me. You said you blew your 21 day deadline. Does that mean you did not appear in court on the day your citation said you needed to appear?

    If that's the case, then a bench warrant may have been placed. You may have lost a chance at having the bench officer (the judge) offer you a reduced fine. However, it is absolutely in your best interest right now, to go to the courthouse and appear in front of a judge. The longer you wait, the more the ticket will go up, and the more serious the consequences. You may need to make some phone calls to figure out what courthouse to go to. If you still have the citation, you need to go to the courthouse taht's checked off on it. You can go before 8:30am to talk to a clerk and get put on calendar; or you can hire an attorney and have them work on the case for you.

    Either way, it's really important that you get to court ASAP.

    Good luck.

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  • Hello, Which kind of lawyer i need to hire if i would like to appeal the judge verdict?

    I violated the restrain order and I plead quilty on September 2012, after that I got 2 misdemeanors . At that moment I plead quilty because I wanted to get out from the court as fast as possible and I didn't have a lawyer. But I didn;t know that ...

    Nadezhda’s Answer

    I am a CA lawyer and I know very little of MN state law. However to directly answer your question, you need to consult with a criminal writs and appeals specialist. Many criminal defense attorneys specialize in trial work. Ask about their writ experience and their appellate experience. You need an appellate specialist to raise any challenge to the trial court's sentence (and after a guilty plea, your outlook is not good). You may need to seek out a writ, or habeas corpus specialist to challenge the plea. Find a lawyer who can do both. Good luck.

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  • How serious is violating an order of protection?

    My father in law has an order of protection against his son and my husband and I have one against him. We went to that apartment complex he lives at to go talk to the landlord. He was supposed to be at school or two hrs away with his gf. As we pul...

    Nadezhda’s Answer

    Well, I can't give too much insight because I do not practice in WA state. Having read your question, though, I'm curious how much time passed between this incident and the letter to your husband. Because the summons to court may be completely unrelated to this "incident" at the hospital with your father in law.

    If it is related, I suggest writing down as much as you can remember about this incident: when it happened, and where all parties were. If a part of it occurred outside of a hospital, it's likely there are cameras that may have recorded part of your conversation with father in law, if there ieven was one. Consult a local, experienced attorney to help you. Good luck.

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  • 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

    my boyfriend had been physically abusing me for a while. But we made up every time n he promised not to do it again. I always used to take pictures of all the bruises n scars I got. He got a hold of my computer and he deleted them all. I really lo...

    Nadezhda’s Answer

    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. You can seek a temporary order at this point, which will keep him away from you for a few weeks. You then would have the chance to seek a restraining order that would last for a much longer time period. An attorney can help you fill out this paperwork and advise you about some of the consequences of the RO. There are also free clinics at the Pasadena and Downtown LA courthouses (there may be some closer to you, too, but I'm not sure) that can help you fill out your paperwork.

    Next step is to make a copy of that video. It is also possible for a computer technician to recover your deleted files so you may want to think about taking that laptop or computer tower to another safe place.

    Next step, you can go to the police if you want to make a report and file charges. Their detectives may also be able to help you preserve some of the evidence.

    Good luck.

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  • DUI at 19 what should I do?

    I was arrested for DUI, i'm only 19 years old and have learned my lesson. I'm so scared and I don't know what to do. I work and go to school, but i can't afford an attorney, I do not have prior misdemeanors. I am a good kid, who happened to make o...

    Nadezhda’s Answer

    Jumping on the bandwagon with my colleagues here -- don't despair just yet. Consult with an attorney. It's worth the money. Some may even take a payment plan. The public defender will also defend you for free if you qualify. There are a number of defenses and strategies that can be used in a case like yours to minimize the impact of this mistake on your life. I've personally handled cases like this in LA where the charges went away completely after negotiation with the prosecution. Your situation isn't hopeless. Do what you can do now: request a DMV hearing and try to protect your driver's license & insurance rates; start attending AA meetings or a program to show the court you're addressing your problem; talk to an experienced attorney about your options. Good luck.

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  • 25620 BP ticket: infraction or misdemeanor?

    If I'm over 21, is receiving a 25620 B&P ticket in a parked car in a paid parking lot in Hollywood, CA always supposed to be an infraction, or it could also be a misdemeanor? The officer circled it as a misdemeanor, so I am worried about what to e...

    Nadezhda’s Answer

    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 to a criminal court. In LA County, infractions go to an arraignment or general calendar court in the criminal courthouse, just like a misdemeanor. 26520 is not a traffic violation, so it wouldn't go to traffic court. You have to go to your court date. That's when you'll actually see what charges you're facing, and then you'll be able to make a decision about how to proceed. Good luck.

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  • How or is it possible to get an USIM hold lifted if the criminal case is dismissed?

    my son has a grand total 30,000 bail but no bail because of an immigration hold, he has court on monday and the criminal defense attorney says most likely he can get one of the charges dismissed and the other brought down to a misdemeanor instead ...

    Nadezhda’s Answer

    It will depend on the what charges he ends up facing. If he gets reduced to a charge that would normally be bailable, and if he's on an ICE hold, he should be able to seek bail. This is a recent development, you or the defense attorney can find more information here: http://www.aclu-sc.org/ice-holds/#more-14395

    However, I cannot tell from your question, whether this applies to your son or not. Your criminal defense attorney should be able to do the research and find out the answer to this question for you.

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  • Where can I find a real world walk-through of what a DV injunction hearing is like? What should I expect?

    I will be at a hearing for a bogus DV PPO filed by my spouse. Can anyone tell me or point me to somewhere that describes what to expect? Can I have an attorney present? If the other party signs a voluntary dismissal can they go back on it in cou...

    Nadezhda’s Answer

    I do not practice in Florida so I can't give you specific information. However, a local attorney specializing in DV hearings will be able to walk you through the process. Another good way to get a sense of what to expect in court is to go to the courthouse and watch! Most hearings are open to the public. Good luck.

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