Nadezhda M Habinek’s Answers

Nadezhda M Habinek

Los Angeles Criminal Defense Attorney.

Contributor Level 8
  1. CAN A PERSON CHARGED WITH PC245(A)(4), PC245(A)(2), PC2422(A) AND PC29800(A)(1) GO TO JAIL?

    Answered almost 2 years ago.

    1. Nadezhda M Habinek
    2. Gayle Anne-Marie Gutekunst
    3. Harry Edward Hudson Jr
    4. Craig Allen Renetzky
    5. Brian Russell Michaels
    6. ···
    6 lawyer answers

    I agree with the answer above. Stay away from the guy, and you and your husband may want to seek restraining orders against the neighbor. He's out on bail because the criminal process does take some time. The specific charges you've listed refer to 2 different charges of assault with a deadly weapon and/or assault likely to result in great bodily injury, as well as enhancements. Those charges can carry jail time, but he has to be convicted first. You may want to try calling the...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. What are the steps I need to take to terminate probation with a joint suspension ?

    Answered almost 2 years ago.

    1. Nadezhda M Habinek
    2. Greg Hagopian
    3. Michael Carter Lukehart
    3 lawyer answers

    It is possible for you (on your own) to file your own motion to terminate your probation early under California Penal Code 1203.4 and related provisions. There's a good explanation of the process at http://www.saclaw.org/Uploads/files/Step-by-Step/ExpungingCriminalRecords.pdf . You can file your own motion under to terminate probation early, to reduce your felony to a misdemeanor and have the conviction dismissed. Those are things you can ask the court to do and the forms are pretty easy to...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 1 year ago.

    1. Robert Laurens Driessen
    2. Douglas Holbrook
    3. Kiarash Feyzjou
    4. Nadezhda M Habinek
    5. Brian Russell Michaels
    5 lawyer answers

    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...

    3 lawyers agreed with this answer

  4. I am undocumented , I received my 4th ticket for driving without a license 3 weeks ago. What penalties am I facing?

    Answered over 1 year ago.

    1. Robert Laurens Driessen
    2. Nadezhda M Habinek
    2 lawyer answers

    Without all the information it's hard to give you a full answer. However you absolutely should seek the assistance of a criminal defense attorney. This is because a "ticket" for driving without a license usually means you're being criminally charged with a misdemeanor violation of the Vehicle Code. The way the Vehicle Code is written, a first or second time ticket may seem not serious, but the penalties get worse the more tickets you have. If you do nothing, you may very well end up with a...

    3 lawyers agreed with this answer

  5. Caught shoplifting at Rite-Aid.

    Answered over 1 year ago.

    1. Pante-a Nilchian
    2. Douglas Holbrook
    3. Nadezhda M Habinek
    4. Erick Masten Platten
    4 lawyer answers

    Please, please, remember not to make admissions on websites like this! They harm your ability to fight any future criminal charges. Good luck.

    3 lawyers agreed with this answer

  6. Can a repo guy (employee of rental company) be charged with trespass?

    Answered over 1 year ago.

    1. Nadezhda M Habinek
    2. Lara Ruth Shapiro
    2 lawyer answers

    In California, specific satues (Business and Professions Code 7500 et seq) grant licensed reposession agencies certain rights to reposess items and collateral. Consent is required for their entry into a private dwelling, however. The issue here is whether your tenant could lawfully grant consent, mistaken or not, and whether the agency's bad faith in lying changes anything. I am not an expert in this area, however. You should consult an attorney who is familiar with this situation to see...

    Selected as best answer

  7. 6 Year Joint Suspension for GBI 243 pc was put on Probation 3 years now facing new Beef vandlism 594 pc and a Violation

    Answered over 1 year ago.

    1. Nadezhda M Habinek
    2. Neil James Fraser
    2 lawyer answers

    It's hard to answer your question without more information. You do not NEED to hire an attorney, because a public defender could represent you, but it is important that you get a date in front of a judge as soon as possible. First of all, you have a warrant out, so you are in danger until you get the warrant recalled. The only way you can possibly get the warrant recalled is to go to the clerk and get on the judge's calendar (called a "walk in") or hire an attorney who can help do this for...

    2 lawyers agreed with this answer

  8. Renewing a restraining order

    Answered over 1 year ago.

    1. Harry Edward Hudson Jr
    2. Nadezhda M Habinek
    2 lawyer answers

    I agree with the above attorney's answer. If your restraining order against him expired, you can no longer renew it. But you can apply for a new one against the nephew's father. Bring your old paperwork, seek a new TRO, attach a copy of your order restraining order, and write a declaration to the court explaining why you did not renew the last one. Not having an address is a pretty good reason for not renewing an order (because you would have had to serve him with the renewal papers). An...

    2 lawyers agreed with this answer

  9. Is there a chance of no charges at all for 243 e 1 pc m against my spouse

    Answered over 1 year ago.

    1. Nadezhda M Habinek
    2. Andrew Stephen Roberts
    3. Jennifer Diem-Trang Le
    3 lawyer answers

    You don't give enough information for a clear answer here. Was your wife arrested or cited? Does she have a court date coming up? If so you should contact a criminal defense attorney and see if they can intervene in the pre-filing stage to help your wife. Sometimes, depending on the county and court you're in, diversion is available which means the case can be dismissed if the defendant stays out of trouble for a certain period (a year, usually) and completes anger management classes....

    2 lawyers agreed with this answer

  10. Will I do jail time for grand theft (stolen camera) of $4,000?

    Answered over 1 year ago.

    1. Nadezhda M Habinek
    2. Pius Joseph
    2 lawyer answers

    If you pleaded guilty, your attorney should have already spoken with you about the possibility of you facing jail time. You do not specify the penal code you're charged with violating, or whether you pleaded guilty to a misdemeanor or felony count. However both expose you to a possible jail sentence. When you reference your lost phone, your phone number and the photos, it sounds like those are arguments against your guilt. But you pleaded guilty. So those won't be given as much weight by a...

    2 lawyers agreed with this answer