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Nadezhda M Habinek

Nadezhda Habinek’s Answers

41 total

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

    I know that no one is required to carry identification in California, so long as the person isn't driving or in a secured area like an airport. Now if police have "reasonable suspicion" to stop someone, but lack probable cause, and the person r...

    Nadezhda’s Answer

    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 taken. It's impossible to give you a bright-line answer to this question because the answer will depend on all kinds of facts -- some which may be known to you; some which may only be known to the cops at this point.

    For example, in a recent case decided in CA, the appellate court determined that "The amount of time Vasquez [the defendant] was detained—45 to 50 minutes before he was identified—was not unreasonable under the circumstances, which included impounding the car, and transporting Vasquez to the police station for identification. (See People v. Gomez (2004) 117 Cal.App.4th 531, 537-538 ["There is no fixed time limit for establishing the constitutionality of an investigatory detention. Rather, such a detention will be deemed unconstitutional `when extended beyond what is reasonably necessary under the circumstances that made its initiation permissible' "]; People v. Celis, supra, 33 Cal.4th at pp. 675-676 ["Of significance . . . are the facts known to the officers in determining whether their actions went beyond those necessary to effectuate the purpose of the stop, that is, to quickly dispel or confirm police suspicions of criminal activity"].)" The purpose and circumstances of the stop are going to determine the answer to your question.

    I wish you luck.

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

    A rental company sent an employee to my house when I was not home to get some rented tool cabinets and they also took some of my stuff which was in the cabinets calling it "collateral". I have a tenant who rents one room in the house under a writt...

    Nadezhda’s Answer

    • Selected as best answer

    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 what your options are. While you may have an action for trespass and theft (i.e., a civil action), you may also wish to report the activity to the licensing board and go after the company that way (a regulatory action).

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

    The vice-principal did the interrogation, they call the police and he got arrested, the cop didn't make any interrogation or read his Miranda rights when he was placing him under custody, vice-principal didn't notify me right away until my son was...

    Nadezhda’s Answer

    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 without all the facts it's hard to say. You should consult a juvenile defense specialist. Good luck.

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

    *I pled guilty *this will be considered if guilty my first offense *never been in trouble *they also have my phone number that the robbers called from, to set up the scam to steal the camera, but my phone was lost perviously.. *they have pict...

    Nadezhda’s Answer

    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 sentencing judge. Your lack of criminal history is probably more important to the judge.

    You should consult with a criminal defense attorney before you go to sentencing, about possible strategies in this case. Good luck.

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  • 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

    we want to be together and the DA k nows i won't cooperate and i was intoxicated when the statement was given. My mother called DV officers which resulted in his 2nd arrest and he had to post a 1,500 bail. I haven't helped in this case and I have...

    Nadezhda’s Answer

    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 you can do right now is stop contacting your boyfriend. You should consult with NY area attorney that specializes in this area of law.

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

    They ask if anyone is high and both say no. They ask to search and no consent. One of the officers go back upstairs and into office and looks under papers on desk in corner and finds little bindle of speed. No drugs anywhere else. Man who lives t...

    Nadezhda’s Answer

    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.

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  • 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.

    No proior record, I'm a social worker.

    Nadezhda’s Answer

    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 courts, they may not catch on and you may end up with two 1st DUI cases. If you get caught on a third, it will be a third, however.

    Either way, this is a tricky situation and I suggest you look into hiring an attorney with experience in this kind of situation. If you have an atty, or if you have a public defender, either way let them know about the 2nd DUI arrest. You ARE NOT under an obligation to volunteer that information to anyone else. (Such as the prosecutor or the judge.)

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  • I've recently arrested by Target. I got a letter for 484 (a) P.c. petty theft. The total amount was $ 250. It was my first tim

    What will be the consequences of it. will I go to the jail. or I will get the community service and some fine. Also I need a attorney but first, I want to know an approximate fee to know if I can afford it or not.

    Nadezhda’s Answer

    Keep in mind that while jail is not likely (as long as this is your only arrest), a fine is likely and so is restitution. Restitution means you will have to pay back Target for the value of the items they say you stole.

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  • 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?

    iwas court ordered prop 36 but completed class (actually,i volunterred to walk into rehab.) now im an outpatient and have proof of completing class but have not paid fines and missed last court date. my warrwnt is 60,000. im sooo scared any idea w...

    Nadezhda’s Answer

    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 that you're at the criminal court clerks' office by 8:30 am. Explain that you have a warrant for FTA and you want to appear in front of the judge. That will get the ball rolling.

    While you're right to be fearful of jail, the situation (and likelihood of jail time) will only get worse the longer you wait.

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  • Expungement CA

    I am trying to get my felony expunged. Probation finished. No prison. 2nd degrburglary. I want to k.ow which box to check at the b.ottom of form CR180. 12304 or 12304a

    Nadezhda’s Answer

    If you were placed on probation and finished it, you should check the 1203.4 box, Question 3. Also check one of the three boxes below it (probably the first one, but read the form carefully and decide.)

    Because you were convicted of a felony, also remember to check the box in Question 2 because you need to have the court reduce the felony to a misdemeanor first.

    Good luck!

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