Brian Richard Dinday’s Answers

Brian Richard Dinday

San Rafael Criminal Defense Attorney.

Contributor Level 16
  1. Do I have a claim against Public Storage and Willis Insurance?

    Answered over 5 years ago.

    1. Brian Richard Dinday
    2. Robin Mashal
    2 lawyer answers

    How long has it been since you sent all your materials? If it's been more than three weeks, send duplicates certified mail. Make sure you can prove these people get every item you mail them. Follow up with phone calls. Where is this outfit located? What is the total dollar amount of your claim? Is it over $7500? If not, why not just sue both the storage facility and Willis in Small Claims Court? But before doing so, give them a fair chance to respond and pay, and let them know that if you do...

    6 people marked this answer as helpful

  2. How do we report SS and Tax fraud?

    Answered over 5 years ago.

    1. Brian Richard Dinday
    2. Ryan Patrick McClure
    3. Randall Lee Berman
    3 lawyer answers

    Well, I do not disagree with any of the advice given, but it seems a bit more complicated than that. He will never transfer the property to his name legally, or it will be an invitation for investigation of criminal fraud. On the other hand, if you report him to SS and the property taxing authorities, they will surely put first liens on the property. you could also lien the property for your support arrears judgment (I assume that is what you are talking about, but I don't know why you have...

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  3. I found my stolen property at a local pawn shop. Do I really have to pay the pawn shop to get my own stuff back?

    Answered over 5 years ago.

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

    Call the Burglary squad of the police agency at issue on this case and ask to speak to the Inspector in charge of that case. It would help if you had the police dept case number, but it is not essential. Ask him or her if your stolen goods have been seized from the Pawn Shop and placed in the police evidence locker. If not, ask why not? Once they seize it, the Pawn Shop loses control and ownership and you will eventually get your stuff back, assuming you can prove it is yours. If the police...

    6 people marked this answer as helpful

  4. What can we do to contest accidental damages incurred by minor in car accident in CA state

    Answered over 5 years ago.

    1. Brian Richard Dinday
    2. Norman Gregory Fernandez
    3. Steven Mark Sweat
    4. Ronald I. Toff
    5 lawyer answers

    Well, you asked what is your liability. I seem to be alone in thinking that you may have none. I would not give up without fighting this. The cause of the damage to the vehicle was the terrible parking job which made it so difficult for your daughter to get out of the car. How much are they claiming? I'm wondering if this case belongs in Small Claims Court, with a jurisdictional limit of $7500. You could very well win, with those photos of yours. Just because this woman knows how to yell, get...

    1 lawyer agreed with this answer

    7 people marked this answer as helpful

  5. False accusation for violating comp's privacy.

    Answered almost 5 years ago.

    1. Brian Richard Dinday
    2. Steven Alan Fink
    2 lawyer answers

    It might be wise however, to write the lawyer (certified, return receipt) informing him of the specific places that this is already public info, so that THEY know it is public and disseminated by their own company. Do not assume that their one hand knows what the other has done. That way you are protected if they sue, and the attorney will be on the line for your costs for malicious prosecution.

    Selected as best answer

  6. What steps do I need to take to personally prosecute an un-convicted child molester

    Answered about 5 years ago.

    1. Brian Richard Dinday
    2. Matthew Edward Williamson
    3. Jonathan H Levy
    3 lawyer answers

    I think that criminal prosecution is still a possibility. What I do not know is why the D.A. did not ever file charges against him. What more could they need? I would like you to give me a call or email me directly so I can learn more of the facts. It could be that the D.A. simply did not get enough of the evidence from the police to convince him that there is a strong case. The statute of limitations for your situation does not run for another nine years. Do you have copies of the...

    Selected as best answer

  7. What steps do I need to take to personally prosecute an un-convicted child molester?

    Answered about 5 years ago.

    1. Brian Richard Dinday
    2. Robert Lee Marshall
    2 lawyer answers

    Please repost and tell us how old you are now. And also tell us what your witnesses know. Are they "witnesses" only to how your life has been ruined? Only to what you told them? Or did they see something or hear the monster admit it? I want to be absolutely sure nothing can be done about him before letting this go. I know you do too.

    Selected as best answer

  8. Can I post posters of the un-convicted man who molested me as a child?

    Answered about 5 years ago.

    1. Brian Richard Dinday
    2. Robert Lee Marshall
    3. Matthew Edward Williamson
    4. Pamela Koslyn
    4 lawyer answers

    I also agree with the other attorneys. You've waited years to take action, so wait a bit longer. If and when you get a judgment against him for his actions, you can publicize it. Publicizing such allegations OUTSIDE the ambit of a lawsuit can subject YOU to liability. Doing it inside the action provides you with a lot of legal immunity, though any maliciously inspired false lawsuit can still get a person sued. (I am not expressing any opinion here, just stating the law, ok?) So be patient a...

    Selected as best answer

  9. How do I have this completely removed from my record, have the booking photo removed from the internet and get my $10,000 back?

    Answered about 5 years ago.

    1. Brian Richard Dinday
    2. Matthew Edward Williamson
    3. John M. Kaman
    3 lawyer answers

    I specialize in Factual Innocence Petitions and conduct Continuing Legal Education on the subject for other lawyers. (Article in California Lawyer Magazine June, 2009 link: http://callawyer.com/story.cfm?pubdt=NaN&eid=901853&evid=1 You can also learn much more about factual innocence petitions at my website at : http://lawyer-expungement.com/petition.htm and http://lawyer-expungement.com/results.htm I do range as far as Lakeport in my cases. If you wish...

    Selected as best answer

  10. Can I get a public defender before an arraignment?

    Answered about 5 years ago.

    1. Brian Richard Dinday
    2. Robert Lee Marshall
    3. John M. Kaman
    3 lawyer answers

    In this day and age, when any criminal conviction is a permanent black mark on your personal and employment record, it would be wise to fight this case. It sounds like a close call to me. If you can borrow the money, hire a private lawyer. If not, wait til the court date and get the P.D.. Do NOT plead guilty to anything until you have explored all possible defenses. The problem you will run into is that the P.D. is understaffed and overworked, and they have to prioritize. The rape, homicide and...

    Selected as best answer