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Kapesh Vithal Patel

Kapesh Patel’s Answers

107 total


  • I'm a U.S. citizen, can I petition my brother that is 30 years old, he is married and he came here with a student visa?

    He is not longer a student and he came to the US with his wife with the student visa too, they now have kids, he works and provides for his family. But I want to know if I can petition for him ?

    Kapesh’s Answer

    Yes you can petition for him, but there will be a long wait depending on what country he is from, and as someone else just mentioned, he may have to leave the country for this waiting period until a visa number becomes current.

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  • 3 years ago got a DUI, finished probation and all programs and fines , job problems can I expunge for job purposes

    I can be hired by companies but the DUI comes up will a expunge help or is one possible in my case

    Kapesh’s Answer

    Yes you can "expunge" your record if you have successfully completed probation pursuant to PC 1203.4. It will show up as a "dismissal pursuant to PC 1203.4" so it will technically still be on your public record.

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  • What is an average cost for an attorney to handle a DUI expungement

    With everything comploeted

    Kapesh’s Answer

    Depends on a variety of factors (experience, reputation, schedule) but anywhere from $125 to (I've seen this) over $750. Call around and see what kind of prices you get for the area you reside in.

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  • My husband got arrested for dui and has a immigration hold what do i do next?

    my husband got arrested for violations vc12500(a)M, vc23152(a)M, vc23152(b)M and has a immigration hold and i really don't know what else to do next. we have been together for about 4 years and not married yet because he's married to someone else...

    Kapesh’s Answer

    As the others have stated, get an immigration attorney ASAP.

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  • I have a job but NO money savings, checking account, or credit card. Can I still get a DUI lawyer with payment plans?

    I'm a 30 year old with her first DUI offense with no injury or damage in CA. BAC was over 0.2 and I think I need/want a lawyer. I can make about $300 a week at my part time job but as I said, I have no bank account, or credit cards or money saved ...

    Kapesh’s Answer

    The courts will give you time to make payments (payment plans), so don't worry. However, the fines and penalty assessments, even on a 1st time DUI, will close in on $2000. You could elect to do some jail time in lieu of the fines, and with overcrowding in the county jails (esp. in So Cal) and the good time credits, you'd probably only serve a fraction of the sentence. Good luck.

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  • Will I be able to get my sales license and work at a car dealership, if I have a dui on my driving record from 6 years ago.

    Will having a dui from 6 years ago prevent me from getting my sales license to work at a car dealership ?

    Kapesh’s Answer

    I agree with my colleague, check with the applicable licensing agency. But you may want to "expunge" your record, if you have not already done so, pursuant to PC 1203.4. That would help with the car dealership, or most any other job you apply for, save for those with the government. Good luck.

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  • Do we need a lawyer for a second DUI Offense?

    This person drove his truck on the 710S near 6th street exit. His car spun and hit the center divider. They charged him with DUI and set bail at $15,000

    Kapesh’s Answer

    I agree with my colleagues. A 2nd DUI offense is very serious and carries mandatory minimum jail time as well as hefty fines, an 18 month alcohol program, restitution for the property damage, among other things. You don't want just any attorney either. Someone who practices DUIs on a regular basis, someone who is knowledgable and sharp, and most importantly, someone you feel comfortable with and is willing to answer all your questions - these are the hallmark characteristics of a good DUI attorney. Many can be found here on Avvo. Good luck!

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  • Do I need a DUI lawyer for a 1st time offense in Orange County, CA, no injury or damage, BAC over 0.2?

    I realize this is a website of lawyers looking for business, but I've been trying to get honest answers and don't know where to turn. I am a 30 year old female with NO prior run ins with the law. I was pulled over on the freeway and FST, breath, a...

    Kapesh’s Answer

    Well the good news is that it's a first offense (with subsequent offenses within a 10 year period, the penalties and fines substantially increase). Your bad news is the high BAC, which will subject you to the mandatory 9 month alcohol school. Hiring a competent DUI defense attorney will give you the best possible chance at reducing your sentencing terms or even getting a dismissal/reduction in charges. You should not do any jail time unless you are unable or unwilling to pay the approximately $2000 fines/penalties you have coming your way should you be found guilty (they offer payment plans though).

    Call a few attorneys up and ask for a free consultation, then make your decision. Also, keep in mind, you have DMV actions coming your way too (10 days to request a hearing from time of arrest), an attorney can represent you at the DMV hearing and hopefully find weaknesses in the officer's case against you, potentially saving you from a license suspension.

    Good luck.

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  • How can I minimize the penalties of a DUI arrest?

    I am 19 years old. I ran my car over a median. I was not injured. I did not hit anyone else. There was no property damage. The police came to the accident scene. I was given a breathalyser test and blew a .04. I was arrested for DUI. My lic...

    Kapesh’s Answer

    The surefire way to minimize adverse consequences arising out of a DUI charge is, as so many of my colleagues have stated, is to hire an experienced and competent DUI attorney. Also, attend free AA classes.

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  • Can I hire an attorney to appear in court on my behalf to have me referred to the out of county dui program?

    I was very recently convicted of first time DUI in Orange County CA however I forgot to mention to the judge that I was moving to San Francisco. I have already moved to San Francisco and the DUI classes arent accepting me into the classes. Can I h...

    Kapesh’s Answer

    The short answer is yes. An attorney will appear in front of the judge and then go to the alcohol liaison's office to handle the paperwork. I've done it several times and it is fairly straightforward.

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