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Nadezhda M Habinek

Nadezhda Habinek’s Answers

41 total

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

    I live in Long Beach with my wife of 8 years whom is a Natural -Born Citizen. I was involved in a car accident 3 weeks ago where the other driver failed to yield at a stop. At that time I was issued a ticket for driving without a license. This wil...

    Nadezhda’s Answer

    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 conviction on your record. You may be exposed to a short jail term. There will probably not be immigration consequences based solely on that charges you're talking about here. However it's important you go to court, hire an attorney if you can, and fight the case.

    My office number is 213-290-3061 if you would like a free consultation.

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  • Caught shoplifting at Rite-Aid.

    So I was caught, obviously. I understand that what I did was wrong and as much as I regret it, there's nothing I can do to change that fact. It was a first time offense as a minor. No police were involved and I'm waiting on a civil demand letter. ...

    Nadezhda’s Answer

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

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

    I recently went to the clerks office to see when my payments were due for 2 Misdemeanor cases for a open container 647(f) PC I was told by the clerk that i had missed a court date and now had a warrant for my arrest with a probation violation for...

    Nadezhda’s Answer

    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 you. Secondly, you need to get more information on the charges currently pending against you. An attorney can find out more information on what happened in your case, why you may not have received notice of the court date, and negotiate on your behalf with the prosecuting agency.

    The short answer to your question is that yes, you can be accused of a crime without being informed or arrested. People are often charged with crimes where they weren't caught "red-handed" or confronted by police at the scene; rather the investigation was worked up in other ways. Or someone filed a police report against them. You should not, however, have a court case & probation violation proceeding against you without you being aware of the charges and the court dates. You need to appear in front of a judge, get your warrant recalled, and start fighting your case the right way: in a court proceeding, with a lawyer's representation.

    Good luck.

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  • Renewing a restraining order

    I had a restraining order against my nephew's father (I have guardianship) that I didn't renew bc I did not have an address for him. He moved out of state(N.J.) can I still renew it? i now have an address. He is now being aggressive w/my 12 yr old...

    Nadezhda’s Answer

    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 attorney specializing in civil restraining orders can help you with this; so can personnel at the courthouse, most likely.

    Bear in mind that from the facts you've stated, it's unclear to me that you qualify for a DV protection order. You may need to file a Civil Restraining Order for yourself, and a DV order for your kids. Personnel at the courthouse -- or an experienced attorney -- should be able to help you figure this out.

    Any restraining order you get against him only protects *you* not your nephew and the other kids. Unless you also include them on the restraining order request (or seek a separate one on their behalf), and explain that you're their guardian and that's why you have the legal standing to seek protection for them.

    The other attorney is correct also, because it looks like you have a visitation order in place, and probably other orders from a custody/guardianship court, that court will need to get involved too.

    Bottom line: if you feel that you or the kids are in imminent danger (that is, he is physically harming them or threatening them with immediate harm), you should seek a TRO. But try to bring copies (or at least case numbers) for your prior restraining order, and any orders regarding custody and guardianship of the kids. While a court will act to prevent immediate harm, ultimately the same court & the same judge will want to deal with all of these issues -- visitation, threatening behavior, and guardianship -- in the same proceeding.

    Good luck.

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

    I have a friend that was wrongfully convicted of a crime in 1996. He has had no luck finding a lawyer who would take his case pro bono. I would like to know if I can file a Habeas Corpus Petition for him?

    Nadezhda’s Answer

    • Selected as best answer

    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.

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  • I received an open container ticket (25620 b&p) in Hollywood, Ca. The officer circled it as a misdemeanor. Is that correct?

    The ticket was called 25620 b&p. The officers had walked by my friends car and saw a bottle of alcohol inside the car. At the time i was standing outside the car waiting for my friends so we could leave. The officer then asked for our id's and gav...

    Nadezhda’s Answer

    As an attorney who takes Hollywood B&P cases I agree completely with Mr. Haggerty. Often these cases end up in an "office hearing" or not filed at all. If you really want to help your chances of getting a dismissal you should contact a criminal defense attorney and consider doing some AA classes (get proof you attended) before the date on your citation.

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  • "Can the Antiterrorism Act (AEDPA 1996) legally and/or rightfully 'time bar' newly discovered exculpatory evidence?"

    I was under the impression that "newly discovered" evidence would nullify any "time barring" statutes.

    Nadezhda’s Answer

    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.

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

    My husband was remanded today for a misdemeanor. He didn't complete community service so the judge sentenced him to 10 days. I keep calling inmate answering service but they have no answer for me. We have 2 small girls. Does anyone know when I ...

    Nadezhda’s Answer

    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 didn't bring a cell phone, there are pay phones near the jail and he'll be able to make a call.)

    Good luck.

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

    I reported under influence that my spouse hit me on my face . When police arrived I had no physicals marks and told then it was a scuffle . However my wife agreed that she had hit me on my face . This happened in California. Both me and my wife a...

    Nadezhda’s Answer

    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. Sometimes cases are "DA rejects" and not filed because they've decided there isn't enough evidence. All of this depends on the facts of your wife's situation. An experiened defense attorney can help.

    As far as immigration consequences, a conviction for 243(e)(1) can carry immigration consequences. Note that if you were the victim, there should not be immigration consequences for you. However, if your wife is convicted she may be removable. Again, an experienced attorney can help advise you of the consequences and can help your wife by negotiating an agreement that avoids these consequences. You can contact me any time via my profile.

    Good luck.

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  • WIll police in La mirada (LA county) pursue a run for shoplifting items less than $55 from Target?

    I stopped for shoplifting at target with about $55 of food items & ran when security stopped me outside the store. I parked toward the back but got in my car and drove away. They still have my purse but no ID/wallet in it. I have priors for shopli...

    Nadezhda’s Answer

    The only thing I can tell you is, I've seen cases filed for under $75 at a Target. And that was for a 1st timer, not someone with priors. I think it's safe to say you could see charges here, along with PVs if you're still on probation ot parole. You should contact an attorney or stay up on whatever address your possible IDs could link to. That include fingerprints and other cards. Not saying it's guaranteed they'll find anything but you need to think ahead here.

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