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Brian Richard Dinday

Brian Dinday’s Answers

1,307 total


  • My arraigment date was court furlough day.

    My arraignment date was today and it was court furlough day due to California's budget problem. My citation shows that Nov 18 is the arrtaingment date. I went to the court, it was closed. What should I do now?

    Brian’s Answer

    Yep. I like Mr. Kaman's advice better than mine.

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  • I won a Small Claims Suit - Payment in Installments

    If I won a small claims suit and the person wants to pay me in installments of $100/month, will I be able to ask for say, $200/month later on if their financial situation improves or am I stuck with taking the $100/month until they have paid me in...

    Brian’s Answer

    This is why so many valid civil claims are never filed. It can just be much more work collecting than the money judgment is worth.

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  • What do we do if we know there is child abuse & drug/alcohol abuse occurring in the custodial parent's house??

    My fiance and I have visitation with his children and noticed huge "dents" on the toddler's forehead. He said his mommy and step-daddy hit him and that they "throw him to the ground" sometimes. He cries every time we bring him back to his house an...

    Brian’s Answer

    Mr. Kaman's advice is always good. But I have found CPS to be capricious at times. There is also the possibility that the mother or step father have "friends" in CPS or have intimidated the child into not repeating the complaints to CPS, if they had warning.

    If they are truly abusing the child and he has physical marks to show for it, then why have you not taken him to a doctor to have those marks looked at, diagnosed and treated? A CPS referral from a doctor would be looked at much more seriously than from you. Of course, you have not recounted any history that might explain WHY CPS tends to discount what you say, so I can't possibly know what the reason is for this seeming indifference from CPS.

    Document everything, photograph every mark. Keep track of his weight when you have him. You need documented patterns of abuse to get action. If you had taken photos of the dents in his head and taken them to show the judge, the screener could not have dismissed your complaint by saying "he looks fine", could she?

    You also neglected to mention whether anyone from CPS ever talked to the child at all. What did he tell THEM? When you told the judge about the abuse, were Mommy and stepdad in the court room? That might explain why he might not have repeated the complaints. If that was the case, ask him again about how he is treated when you have him, and then take him to CPS and insist that they interview him.

    Suffice it to say that if CPS believes that you have ever made false accusations in the past or otherwise "Gamed" the system, as so many do, then it would explain their seeming lack of concern. It has almost become a national sport to spite ex spouses by making child abuse accusations.

    Good luck.

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  • Can I lose the mobile home, and/or kick my dad out?

    I own a mobile home that my dad and his wife live in. She abuses every government and welfare program there is by saying she is separated from my dad to qualify. She wants me to title the mobile(DMV) with all 3 of us so she can get grant money fro...

    Brian’s Answer

    I agree with Mr. Fink. Under NO circumstances give in to her request. The reasons for this opinion are several, but you already know them and I suspect were just seeking validation of your sensible belief that this would be unwise. You are quite correct.

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  • Public Defender...

    My niece is in jail in San Diego california and she wants to change her public defender, can her Mom or Dad do it for her???

    Brian’s Answer

    You've received good answers to your question, but I have found that some people think "public defender" means the same thing as criminal lawyer. They do not. If you meant to ask whether your niece can fire the public defender and substitute a private lawyer hired by her parents, the answer is "yes". She has that right. She does NOT have the right to choose her free lawyer.

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  • My arraigment date was court furlough day.

    My arraignment date was today and it was court furlough day due to California's budget problem. My citation shows that Nov 18 is the arrtaingment date. I went to the court, it was closed. What should I do now?

    Brian’s Answer

    Call or go to the clerk's office tomorrow and ask about your case and whether they have a new court date for you. yours is not the only case this happened to.

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  • When finding a lawyer what are the things to keep in mind or to check ?

    I'am looking for a lawyer in my area and I dont know who to go with there are many lawyers but if there are no references from someone you know it's very hard. What are the things to look in a lawyer to know its a good lawyer? besides checking on ...

    Brian’s Answer

    I could provide additional information on what to ask, but I'd need to know what kind of a case it is. One general question that applies to any case and any firm is "Who is going to be my primary contact at the firm?" In other words, are most of your contacts going to be a secretary, paralegal, associate attorney, or the attorney you hired? Do they volunteer a written fee agreement, or do you have to ask?

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  • If charges were dismissed before arraignment, does that mean "no charges were filed"?

    I was arrested but the charges were dismissed before the arraignment and I never saw a judge. I am in the process of getting naturalized as a US citizen and have to explain the arrest, but not sure whether this falls under "no charges filed" or "c...

    Brian’s Answer

    I appreciate your concern over this point. It does sound like it was a "D.A. reject", which also suggests that you may have been actually innocent of the crime. This matters a whole lot. Whichever way it happened (complaint filed and dismissed, or D.A. never filed), you are eligible to petition the court for an order adjudicating you "factually innocent". This is my area of specialty and I provide Mandatory Continuing Education (MCLE) to other attorneys in this area.

    The wonderful result of a PFI (Petit for Factual Innocence), is that the arrest record is totally sealed and then 3 years after the arrest, all records are physically destroyed. State records are surely all destroyed, but one cannot guarantee the Federal Government will. However, since any arrest will be an issue in immigration matters, it certainly will help your situation to have a court order that affirmatively finds you innocent of the crime. In addition, such an order will be of great value in all future career, job and any professional licensing you may seek in the U.S. I maintain offices in both San Francisco and in Marin County and have brought PFI's in San Francisco many times. These petitions are complex and the law is confused and contradictory. These are not the kind of petitions you could handle yourself.

    If you would like to learn more about factual innocence petitions, you can review my articles and find my contact info here:

    http://lawyer-expungement.com/petition.htm

    and

    http://lawyer-expungement.com/results.htm

    If you wish to call me, I give free initial phone consultations to determine if I can help you. From what you have already stated however, I believe I can. Good luck.

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  • Sex offender case 288(a) is this possible?

    I'm dating someone he is on Megan's law website, he said it's because he was taped by a gilr he was having sex with and she liked choking; a young friend of her young cousin saw and and waited for a girl at his school and raped and choked her. The...

    Brian’s Answer

    It's also possible that this convicted pedophile is also a liar. Criminal Court records are public records. You can go to the courthouse, find his name in the alpha index, record the case number and request to view the court's file. It could be in storage if an old case, but they'll pull it and you can sit and review it. The police report will not be in there, but reading and recording the penal code sections listed in the complaint and reading the exact charges will tell a lot. So will any "enhancements" in the complaint or the plea of guilty. Odds are, the dude ain't being honest with you.

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  • Filing a suit to get a fair look in my county?

    My step daughter assaulted both my husband and I. She is 14 and psychologically unsound (according to her doctors, not just myself) and tried to literally rip my trachea out and claw my eyes out. She hit my husband in the heads with a wrench. We ...

    Brian’s Answer

    Why is it that most times that I hear of CPS it is either that they ignore truly abusive situations or are acting like the Gestapo and not letting the "accused" have any say or any semblance of a fair ability to introduce some true facts? If ever any California agency needed a thorough revamp, I think this is the one. These particular allegations of child abuse should be easily dismissed with even the most cursory investigation in to the girl's mental illness history. The expressed intention to rule these parents "abusers" without even looking into it is the only abuse that's evident here.

    What I see over and over is "seat of the pants" decision making by CPS, with horrifying consequences for the victims of their rashness.

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