Nadezhda M Habinek’s Answers

Nadezhda M Habinek

Los Angeles Criminal Defense Attorney.

Contributor Level 8
  1. "Can the Antiterrorism Act (AEDPA 1996) legally and/or rightfully 'time bar' newly discovered exculpatory evidence?"

    Answered over 2 years ago.

    1. Gayle Anne-Marie Gutekunst
    2. Nadezhda M Habinek
    2 lawyer answers

    I agree completely with the attorney above. This is a very, very complex area of law and you should consult with an attorney who specializes in criminal appeals and habeas law. A court may not even permit you to introduce "newly discovered evidence" if it should have or could have been discovered earlier, during the trial and/or direct appeal. For more information you should contact the Prison Law Office or the California Appellate Project [CAP] for your area.

    1 lawyer agreed with this answer

  2. My 16 year old was arrested at high school for posesion of stolen property, property wasn't on his posesion,

    Answered over 2 years ago.

    1. Nadezhda M Habinek
    2. Michael Lawrence Doyle
    2 lawyer answers

    You should consult with an attorney that specializes in juvenile cases, and if your son is facing charges he will likely have one appointed for him. The law is very specialized when it comes to rights of juveniles on their school campuses. This includes the rights of school administration to conduct questioning and to conduct searches without parents present. Based on the facts you've given above it sounds like there may be some potential issues with the search and subsequent arrest, but...

    1 lawyer agreed with this answer

  3. Police go to 2 story apt. non violent argument in Cal. Search both floors for safety then back to the first floor .

    Answered over 2 years ago.

    1. Elliot Rahmim Zarabi
    2. Edward Zaryl Kotkin
    3. Nadezhda M Habinek
    3 lawyer answers

    Based on just the facts you've given, it looks like there might be an issue with officers going back upstairs a second time and searching. However, as the other attorneys have pointed out, a motion to suppress is complicated and requires a much greater knowledge of the facts involved in your case, and it requires knowledge of the law in this area. You should consult with an attorney if you wish to challenge the search.

    1 lawyer agreed with this answer

  4. My husband has a restraining order and has evicted me & our 4 yr old. How?

    Answered over 2 years ago.

    1. Nadezhda M Habinek
    1 lawyer answer

    You should have been served with a copy of the restraining order. Read it very carefully. A person who obtains a restraining order can ask for a "move-out" order against someone. I have never seen a move out order that displaced a child. Make sure the papers actually say that a move out order was granted by the judge. Also contained in the papers should be a blank Answer to the restraining order. You need to fill that out. An attorney can help you, or you can try yourself, or locate a self-help...

    1 lawyer agreed with this answer

  5. What kind of witnesses are needed for a request for a domestic violence restraining order? Does it need to be eyewitness?

    Answered over 2 years ago.

    1. Nadezhda M Habinek
    2. Jennifer Diem-Trang Le
    3. Maltaise E Cini
    3 lawyer answers

    You can bring any witnesses and evidence that you want to a DV restraining order hearing. However the judge (or commissioner) will only want to hear evidence and witnesses that are relevant and that aren't just saying the same thing someone else did. Eyewitnesses are one great kind of witness, but other evidence such as logs of phone calls or interactions with the DV Petitioner may be helpful. People who witness you interact with the Petitioner regularly. Character witnesses are OK too but...

    1 lawyer agreed with this answer

  6. When will my husband get out of jail in Los Angeles?

    Answered over 2 years ago.

    1. Robert Laurens Driessen
    2. Gayle Anne-Marie Gutekunst
    3. Nadezhda M Habinek
    3 lawyer answers

    If he was remanded today, often the inmate answering service doesn't have updated information for several hours. The same is true of the LASD inmate locator website, which is at www.lasd.org then click on "inmate information" on the left hand menu. That will tell you his booking number and location. Realistically these days if he was booked in IRC or Men's Central Jail in downtown Los Angeles, he will be out very soon. You may not know until he calls you and asks you to pick him up. (If he...

    1 person marked this answer as helpful

  7. How serious is violating an order of protection?

    Answered over 2 years ago.

    1. Patrick Owen Earl
    2. Joseph Henry Sparacino
    3. Nadezhda M Habinek
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Brent Allan Rose
    2. John Arthur Smitten
    3. Joseph Julius Registrato
    4. Nadezhda M Habinek
    5. Henry Lebensbaum
    6. ···
    6 lawyer answers

    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.

    2 lawyers agreed with this answer

  9. Can i get an order of protection dropped in NYC...my boy friend violated it once and now its been extended for another 6 months

    Answered over 2 years ago.

    1. Eric Edward Rothstein
    2. Joseph A Lo Piccolo
    3. James Hal Medows
    4. Nadezhda M Habinek
    4 lawyer answers

    Keep in mind that your actions -- emailing, calling, texting, and seeing him -- may be inducing him to violate the protective order and therefore making a bad situation worse. Even if you don't agree with the order, it is the law for time being, and you need to be careful. I do not practice in NY and am not familiar with NY law but it sounds like if the order has been extended once, it may very well be extended again as long as there are these ongoing violations. IT may be that the best thing...

    2 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Joshua Sachs
    2. Douglas Holbrook
    3. Nadezhda M Habinek
    3 lawyer answers

    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...