Brian Richard Dinday’s Answers

Brian Richard Dinday

San Rafael Criminal Defense Attorney.

Contributor Level 16
  1. I just won a judgement in small claims court against a person won hit me in an accident. Defendant's insurance insn't happy.

    Answered over 5 years ago.

    1. Brian Richard Dinday
    2. Jonathan H Levy
    3. David C. Garner
    4. Steven Ronald Kuhn
    5. Norman Gregory Fernandez
    5 lawyer answers

    I do sit on occasion as a Small Claims Appeal Judge. The appeal from a Small Claims judgment is what is called a "De Novo" hearing. That means that the hearing re-examines the entire case with all new evidence at the new hearing. You could get more money, the same as first time, less money or no money on the new hearing. And yes, unfortunately they DO get to have a lawyer at the hearing. You will be under a disadvantage, but on the other hand, it is still a very informal hearing and the...

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  2. Why prosecuting such a flimy case & charge with such zeal? I got a horrible Deal,full charge full penalty. despite no priors ?

    Answered over 5 years ago.

    1. Brian Richard Dinday
    2. John M. Kaman
    2 lawyer answers

    As you learned, pleading guilty "because it was too expensive" was a big mistake. A life time of earnings is worth a heck of a lot more than the legal fees would have been. However, it is not necessarily hopeless. I have helped people like you. It is possible to undo the conviction, defend on the charges and then obtain a factual innocence finding. Eight years of higher education is too great an investment in your life to throw away without a fight. Now that you know how much damage that...

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  3. My goal is to stop an expunged msd(years ago) from being viewed by general public, will gladly pay attorney to help.

    Answered over 5 years ago.

    1. Brian Richard Dinday
    2. John M. Kaman
    2 lawyer answers

    If you already had the case "expunged" ( I assume you mean under P.C. Sec. 1203.4), then that means you were convicted. If you were innocent , that was a very bad move to plead guilty to it. Factual innocence is the only thing that can help you. Such an order would seal your entire arrest record and the police report for three years (from the date of arrest) and then destroy all such records. Here's the catch: it does not apply to convictions. The only way you could do this, is if...

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  4. Is this legal?

    Answered almost 5 years ago.

    1. Kenneth Lewis Swenson
    2. Pamela Koslyn
    3. Michael Robert Kirschbaum
    4. Brian Richard Dinday
    4 lawyer answers

    I'm going to guess that someone at this place of employment came down with Swine flu and the employer is being proactive to prevent an epidemic. I can't imagine why any sane employee would object to this, if I am correct. The threat was inappropriate, but then again, he didn't need to threaten. He could just fire you without stating any reason.

    5 people marked this answer as helpful

  5. Speeding ticket issued, but no record in court, no courtesy notice, what to do?

    Answered almost 5 years ago.

    1. Brian Richard Dinday
    2. Alan James Brinkmeier
    2 lawyer answers

    I think your last sentence has the right solution. Go to court on Nov. 12th, but, do not go up to the window and explain the situation, or they might correct the error if it has been lost or not turned in. Just review the list of cases posted and see if your mom's name is there. If not, go back on the 17th and do the same. If nothing, then check the index for "future court dates" and see if her name is there. If all turn up blank, then perhaps the cop lost the ticket or decided not to turn it...

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  6. I was arrested for trespassing but it was dismissed back in 2000? Can i still have my record sealed and destroyed?

    Answered almost 5 years ago.

    1. Brian Richard Dinday
    2. Brian Neal Gurwitz
    2 lawyer answers

    Hello. My Gurwitz has inadvertently given you incorrect advice. My specialty is factual innocence petitions under California Penal Code Section 851.8. That statute provides that all Petitions for Factual Innocence (PFI) should be brought within two years of the date of arrest. The judge however, has wide discretion to allow later filings. I have done it repeatedly, including 15 years later. Three years (and two more months) comes into the picture as the EARLIEST to file a PFI, but that is in a...

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  7. What is the penalty for possession of fake id?

    Answered about 5 years ago.

    1. Brian Richard Dinday
    1 lawyer answer

    I think you are not looking out far enough here. Your future-view seems only to extend to college. You have a life after that: employment, career, family, community, reputation, etc. Any conviction can negatively impact your life in serious ways. Trust me on this. I do a lot of expungement type work, and every week I hear heartbreaking stories of how people are handicapped for 20 years by such small offenses on their records (ncluding mere infractions).You don't say what you intend to...

    5 people marked this answer as helpful

  8. Is it possible to claim squatters rights/ownership & obtain a grant deed for my Mother who's been living in her home for 63 yrs?

    Answered about 5 years ago.

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

    There is a court action called a "quiet title" action. It can be filed, and a general notice published in newspapers, and to all specific persons who have an interest in the property according to land records in the County Recorder's Office. The essence of the action is that your mother is claiming ownership and wants the court to issue a judgment saying so. Upon such judgment, a deed can issue. But first contact a title company and ask them to do a title search on the property. SOMEBODY must...

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  9. How can I quash a subpoena for my personal injury settlement details?

    Answered about 5 years ago.

    1. Richard Forrest Gould-Saltman
    2. Brian Richard Dinday
    3. Alan James Brinkmeier
    3 lawyer answers

    You should also not discount the possibility of doing this legal research yourself. Go to the County Law Library and ask the librarian how to go about researching this topic. You should be able to find several good California treatises (books devoted to a specific area of law) on community property and treatment of personal injury settlements. You can copy the relevant portions and cite good cases and statutes to the judge and maybe do a better job than the other lawyer. You can do it. I can...

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  10. 3 of my friends & I received seat belt tickets riding in my '65 ford conv. w/ only two front seat belts. Aren't pre 68s exempt?

    Answered over 5 years ago.

    1. Brian Richard Dinday
    1 lawyer answer

    I am very glad you asked. Yes, I do have an opinion. You are a fool to fight wearing seat belts. I hope you do not kill any of your friends along with yourself in pursuance of this Dilettante's crusade. You are also the very first person I ever encountered who elevated being unsafe to an art form.

    5 people marked this answer as helpful