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Nadezhda M Habinek

Nadezhda Habinek’s Answers

41 total

  • DV charges dismissed at arraignment ?

    My former boyfriend and father to my 6 mo old was arrested after placing me in a chokehold and slamming me to ground. I broke away and he grabbed me by the throat and did it again. I had grabbed my son and ran outside to wait for the police and ...

    Nadezhda’s Answer

    • Selected as best answer

    It's hard to say for sure, but generally an "office hearing" means that the DA or City Attorney is willing to offer some alternative to criminal prosecution in a case. They might be willing to offer your former boyfriend counseling or batterer intervention classes, or something similar, instead of trying him in criminal court. So in some ways you're right it is more like a mediation than a prosecution.

    HOWEVER, I strongly suggest you contact the DA or CA on the case. Look on your notice of the Office Hearing, there should be some contact information. Let them know what happened, urge them to file charges and prosecute if you want your ex prosecuted. If you have evidence to support what happened, let the DA or CA know. If your son is willing to testify, let them know that too. The DA or CA can still change their mind, usually, before their office hearing or depending on what happens at the office hearing.

    If you are fearful of attending the office hearing because your ex will be there, let the DA or CA know that too.

    If you are fearful in general of your ex, as he was arrested for this last act of Domestic Violence, and you said it's not the first, you may want to obtain a restraining order against him. You can also ask that the restraining order protect your 6 month old and your 16 year old as well. Remember your ex will have some rights to see his 6 month old, but you also have the right to be safe and free from harm.

    Good luck.

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  • When one is pro per, and filing for an appeal, what other forms need to be filled out and submitted along with it?

    It's for a criminal defense case. Person pleaded not guilty had witnesses along with codefendant saying he was innocent . Cops word against his. DA didn't bring up codefendants prior arrests for the same charges. Jury was hung but judge made them ...

    Nadezhda’s Answer

    If you're in LA County and you had a PD on appeal, and you were sentenced to prison on the case, you are under many circumstances entitled to an appointed (i.e. free to you) attorney on appeal. Contact your PD and also contact the Appellate Project for your district to find out if anyone an appeal has been filed.

    That said, I agree with all the other attorneys, an appeal is tough to win even for an appellate specialist. You should have an attorney do this for you. But if you want some information on the appellate process in CA, the CA courts website has a lot of information here: http://www.courts.ca.gov/1069.htm
    Click on "After the Trial - The Appeal Process"

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  • Can I be present for the supervised visits between my husband and my kids?

    I have a restraining order against my husband because of the abuse to my children, not me. On the restraining order it says we cannot have any contact (all of us) EXCEPT: Brief and peaceful contact with me, and peaceful contact with children as re...

    Nadezhda’s Answer

    This is impossible to answer for sure without seeing your restraining order paperwork. However, usually the "brief and peacuful contact" condition includes just that only: brief contact. Normally the point of professional supervision for visits is that the other party to the restraining order is not present. Only the parent having the visit, and the professional supervisor are present. The point is to protect the protected party on the restraining order.

    I'm curious that you say you have the restraining order. If YOU have the order against your husband, then YOU are the main protected party. If you meant instead to file a restraining order ON BEHALF OF your children (as their guardian ad litem), that is a different thing. At this point you should not be present during the supervised visits, but you can get a new court date and seek to have the issue cleared up.

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  • If I want to file an appeal for the way my fiance was sentenced, will it cost a lot? Or does it depend on the lawyer I hire?

    My fiance was charged with a fire arm and has had 3 priors before, was give 6 years max. He has been in County jail since 05/01/11 and was sentenced on 09/25/12 to state prison. Will attorneys charge to look over his paper work in which show the ...

    Nadezhda’s Answer

    Under certain circumstances, your fiance may be entitled to court appointed counsel that will represent him in his appeal without charge to you. Was your fiance represented by the PD's office? Did his prior attorney file a notice of appeal already? If the answer to both of these questions is yes (and you should contact his prior attorney to find out), then your fiance may have counsel appointed to represent him. Please note, this is an oversimplified answer, but it should not take you or an appellate attorney too much time to find out if the notice of appeal has been filed, and if your fiance is eligible for court appointed cousel. If you have a case number you can try looking the case number up on the Court of Appeal's website.

    Also note, challenging priors on appeal can be difficult. And if your fiance was sentenced after he pleaded guilty, any appeal can be very difficult to win.

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  • Today I learned that my probabtion has been over as of last year.On job apps do i have to report that conviction?

    Misdameanor-2007-petty theft Misdameanor-2009-petty theft

    Nadezhda’s Answer

    If your probation is terminated, and your convictions are what you listed, you should be eligible to have both "expunged." In other words you file a petition with the court that convicted you, that asks the court to dismiss the case because you successfully finished probation. This depends upon your history, whether you've been arrested or convicted for other charges. It also depends on whether you finished probation without any issues -- arrests, late payments, no payments, etc.

    I'm talking about filing a petition for dismissal because on most job applications, having a conviction "dismissed" is the only way you can omit it from your job application. Usually the job app will have specific language about this. If you are applying for certain jobs like law enforcement, government, or childcare, then you may have to disclose arrests even if the charge ended up being dismissed.

    I notice you're in Santa Clarita. Many local Public Defender's offices have information on expungements. You may also want to speak to an attorney.

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  • CAN A PERSON CHARGED WITH PC245(A)(4), PC245(A)(2), PC2422(A) AND PC29800(A)(1) GO TO JAIL?

    MY HUSBAND WAS ASSAULTED BY OUR NEIGHBOR LAST MONTH. OUR NEIGHBOR WENT TO JAIL BUT CAME OUT ON A $5,000.00 BAIL THE VERY NEXT DAY. HE NOW HAS TO RETURN TO COURT AND IS BEING CHARGED WITH THE VIOLATIONS I MENTIONED BEFORE. IS HE GOING TO JAIL.

    Nadezhda’s Answer

    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 detective or DA on the case if you feel you want to be a witness or have additional information.

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  • Statute....

    What is the Statute for California charges BP25658a of selling liquour to a minor?

    Nadezhda’s Answer

    Are you asking about the statute of limitations? B&P 25658(a) is a misdemeanor, and most misdemeanors have a one year statute of limitations for filing charges.

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  • Will a 12 year arrest record prevent someone to work in the law enforcement field? Or on any government office?

    charge(s) PC 288.5 / PC 32 - There were no criminal charges filed. Arrest was on a adult.

    Nadezhda’s Answer

    It is possible to file a petition under PC 851.8 to seal your arrest records. Even though the arrest shouldn't affect employment, once you get a chance to explain what happened (or didn't happen), it may show up on background checks. An 851.8 petition can get the matter sealed completely. Consult a local attorney who has expertise with sealing records.

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

    My husband has a restraining order and evicted me but put a change of address in my name only forwarding it to his po box. Sheriffs came and removed me today what can I do?

    Nadezhda’s 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 DV clinic at a local courthouse. (Many in CA have them.)
    If the restraining order ordered you to move out, you need to do so because staying will only expose you to more problems including possible arrest for violation of the order. The best way to fight it is to file the Answer (DV-120) and appear at the hearing. (A date and time of hearing should also be written on the restraining order paperwork.)

    No restraining order ever gives a person the right to foward mail in another individual's name. Contact USPS immediately and let them know the forwarding order was made in error. Keep notes regarding this; it may be useful to bring it up to the judge in your Answer and at your restraining order hearing.

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

    I am trying to fill out the response to request for domestic violence restraining order (DV120) and I am wondering what kind of witnesses I need? There has never been any abuse so I am not sure if I should get character witnesses or what?

    Nadezhda’s Answer

    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 limit yourself to one or two, as it's up to Judge whether or not to hear from them. Read the DV Petitioner's application for the restraining order carefully. What are the specifics that Petitioner stated in DV-100 to support the request for orders? Can you find witnesses and evidence that specifically contradict those claims? Any of that information could be helpful.

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