Brian Richard Dinday’s Answers

Brian Richard Dinday

San Rafael Criminal Defense Attorney.

Contributor Level 16
  1. My ex boyfriend keep harassing me with text messages

    Answered over 5 years ago.

    1. Brian Richard Dinday
    1 lawyer answer

    What he is doing IS a crime: Electronic Communications harassment under California Penal Code Section 653m (b), a misdemeanor, carrying a maximum punishment of six months in jail and a $1000 fine. I suggest you send him a certified letter stating that his many contacts are unwelcome. Advise him of this penal code section and inform him that starting (estimate two days after the letter should get to him), if you receive any further contacts of any kind, you will report it to the police and have...

    9 people marked this answer as helpful

  2. Can I sue E.D.D due to an error on there part I wont be recieving benfits until possibly feb if I can prove it was an error on

    Answered about 5 years ago.

    1. Kenneth Lewis Swenson
    2. Brian Richard Dinday
    2 lawyer answers

    As harmful this error was to you, I can't think that in the long run, it would be worth while to try to sue them for their error. Even if they had liability, (and I offer no opinion on that), the amount of money you could win would never equal the time, expense and trouble of the suit. EDD's lawyers' fees don't come out of one cash strapped individual's pocket. I just don't see this leading anywhere. But maybe an attorney with specific experience on EDD issues will answer you.

    1 lawyer agreed with this answer

    10 people marked this answer as helpful

  3. Can an employer in California withhold an employee's first paycheck?

    Answered about 5 years ago.

    1. Kenneth Lewis Swenson
    2. Brian Richard Dinday
    3. Alicia Irene Dearn
    3 lawyer answers

    I don't know how hard it was to find this job, but if you have options, this seems like a good hint that this is the WRONG employer to work for. If they would pull this lousy trick on you, imagine what more they have in store for you later. I'd keep looking.

    7 people marked this answer as helpful

  4. Citation for arrest issued based on citizen complaint

    Answered over 5 years ago.

    1. Brian Richard Dinday
    2. Stephanie Farr White
    3. Howard Woodley Bailey
    3 lawyer answers

    I am a California criminal defense lawyer and I respectfully disagree with Ms. White. I do not see that you can do any good arriving at the court hearing with your BF, nor even bringing along other witnesses (even if you had them). On the day set for arraignment on the battery charges as set on the citation, neither the D.A. nor the judge will be prepared nor interested in hearing any evidence about how lacking in merit the accusation is. Here is what I suggest instead: He has two...

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  5. I waited total of 45 mins before taking off the laundry and owner came after I am even done with my laundry

    Answered over 5 years ago.

    1. Brian Richard Dinday
    2. Pamela Koslyn
    2 lawyer answers

    I think I have a great area for San Diego to solve some of their budget worries: cut back on obviously excessive police resources. If they have time to mediate a laundry dispute for a mentally disturbed clothes dryer hog, then they have too many officers. That they took the side of this person is astounding. All together a sad incident. You behaved normally and reasonably in my view. Perhaps you should alert the Condo association to this person's conduct so they can warn her not to involve...

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  6. Can I sue the DA if they did not demand restitution in my assault and battery case?

    Answered over 5 years ago.

    1. Brian Richard Dinday
    2. Joseph Briscoe Dane
    3. John M. Kaman
    4. Richard A. Alexander
    4 lawyer answers

    I am not so sure that it is too late to get the D.A. to demand restitution. Up until the sentencing, the judge retains the power to disapprove the plea bargain. If you contact both the prosecutor and probation dept (put the case number and the next court date on all correspondence) and send them the documentary verification of your expenses due to this crime, the judge might well threaten to disapprove the deal unless the defendant agrees to add restitution to the conditions of probation. I...

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  7. My Ex is restrained and he has been violating the order and now he has even called CPS on me

    Answered over 5 years ago.

    1. Brian Richard Dinday
    2. Annette L Goudy
    3. Jonathan H Levy
    3 lawyer answers

    Unless the police or CPS arrested you, you do NOT "have a record" due to what he did. If nothing more happened other than that he told lies to CPS and they asked you questions, nothing should appear on your "rap sheet". If you want to be sure, wait a month or two after the incident, and go to the Department of Justice offices and get the forms to request your own "record". You will have to get fingerprinted to do this, but it should come up squeaky clean, and will give you peace of mind....

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  8. How can my adopted nephew stop his ex from filing frivolous lawsuits?

    Answered about 5 years ago.

    1. Brian Richard Dinday
    2. Steven Alan Fink
    3. John M. Kaman
    3 lawyer answers

    I think what you are talking about is not vexatious civil lawsuits, but maliciously inspired criminal complaints to the police and CPS. No judge is ever going to order someone NOT to report abuse of children, no matter how many past false complaints were made. The ONLY solution is one that prosecutors absolutely refuse to utilize: prosecute HER for these false police reports. Otherwise, she has no motivation whatever to stop her malicious campaign against him. I wish I could offer you a...

    1 lawyer agreed with this answer

    4 people marked this answer as helpful

  9. What are my options if my Rolls Royce Phantom was damaged by a bitter employee while at the Rolls Royce authorized service shop?

    Answered over 5 years ago.

    1. Kenneth Lewis Swenson
    2. Brian Richard Dinday
    3. Pamela Koslyn
    3 lawyer answers

    Actually, you should be able to recover ALL of the damages you have mentioned, but you may not get it without a lawsuit. Unless............. I wonder how happy they will be if you start spreading the word about how they treat their customers' cars and their customers as well? You might ask them that question after demanding full compensation for ALL your losses. Your case is a shoe in, and I can't believe they are being this stupid. Their tone may change once you get a lawyer. I would not...

    6 people marked this answer as helpful

  10. Is there an exception to the 60 day to file notice of appeal deadline?

    Answered over 5 years ago.

    1. Brian Richard Dinday
    2. Kenneth Lewis Swenson
    2 lawyer answers

    Yes, there is. When a defendant is in jail and asks his lawyer to file the appeal and that lawyer fails to do so, the Court of Appeal can excuse the failure to file on time and consider the notice of appeal to have been "constructively filed" on time. Otherwise, the 60 day limit on felonies (30 days on misdemeanors) is strictly enforced. If the attorney dropped the ball, another lawyer needs to file a petition for a writ habeas corpus to the Court of Appeal to get the appeal accepted.

    6 people marked this answer as helpful