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Brian Richard Dinday

Brian Dinday’s Answers

1,307 total


  • Application for job asks for explanation of a conviction how do I explain?

    I was convicted of a felony 30 years ago but was reduced to a misdemeanor and dismissed under 1203.4. 1st ques. ask if convicted of a felony, 2nd question asks if convicted of a crime. If answer yes to either one of the questions it then asks for...

    Brian’s Answer

    You say you were convicted of a misdemeanor and then explain the circumstances of the event, with whatever extenuating circumstances there might be.

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  • Can lawyer put something on a paper when you havent sign your name on it?

    can lawyer give all trustee the same paper work

    Brian’s Answer

    Please get someone to help you phrase a clear question and try again. The question as posted is not understandable and you need to give a lot more facts.

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  • Will it be considered petty theft or an infraction?

    I'm 20 years old and was recently caught shoplifting a $10 dollar brush. I wasn't arrested or brought to the police station but my picture was taken, and put into the store's data base and I was banned from the store. The LP manager said that th...

    Brian’s Answer

    To round out the advice already given, you don't even have an arrest record, and therefore no prospective employer would ever find out about this incident, even if they did a background check with the California Dept. of Justice. So looks like you are clear, but make sure you never do anything that dumb again. You had a narrow escape and you could well have had an arrest record that stayed with you forever and you WOULD lose good jobs over it. If you have any doubt about whether you were arrested ,you can request your own "background check" from the Calif. DOJ by following the instructions at the below link:

    http://ag.ca.gov/fingerprints/security.php

    If I am correct, it will show nothing.

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  • Is it legal for my husband's ex-wife to wait for him to die, and then serve me with a partition action?

    I am the spouse and sole beneficiary of my husbands revocable trust, which held 100% of our home. However, my attorney failed to inform the court of the trust. The court also claims to have lost my husbands original Will. The same judge was assign...

    Brian’s Answer

    You should search AVVO and the web for a local attorney who is experienced in both probate and in real estate transactions and sit down and tell him or her the whole complicated story. Your problem is way too complex to resolve with a question on a free forum.

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  • Can my family be evicted just because my kid are swimming in the pool neighbors said they are "noisy'

    We live in a complex with kids, when my kids are in the pool neighbors complain they are 'noisy' when the only sound they make are them talking among the three of them. Of course there is water sound we are in the pool hello? They even complain th...

    Brian’s Answer

    I can't add much to Ms. Campbell's analysis, but this. It seems strange to me that in a large complex, you are the only family that the neighbors complain against, and the complaints (if you are being fair and accurate about it) are clearly frivolous. Is it possible that you belong to an ethnic or racial group that no one else the does? Is this a case of discrimination? I have trouble otherwise figuring out why your own manager is siding with the neighbors.

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  • Who do i speak with regarding my probations status?

    Last year, i was arrested for theft. I am a first time offender. At my hearing, my lawyer told me i would be on probation for exactly one year and i would have to pay public defender fees, booking fees, etc. I never had to check in with a probatio...

    Brian’s Answer

    Yes, you ought to be automatically off probation now, if you understood the case disposition correctly. You should contact the Public Defender who represented you at the time and ask if he/she will bring the 1203.4 motion for you, or as Mr. Kaman suggested, you can do it yourself.

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  • What is the mandatory minimum sentence for a conviction for selling drugs within a school zone in San Francisco, ca?

    What is the mandatory minimum sentence for a conviction for selling drugs within a school zone in San Francisco, ca?

    Brian’s Answer

    I agree with Mr. Kaman that we cannot predict what will happen in a case. If handled right, a case can sometimes be dismissed or bargained down to a different offense with different sentencing ranges. But if you are seeking to retain a private lawyer, I have been litigating criminal cases in San Francisco for 32 years. You can check on my background and qualifications on my website and find contact data to call me for a free consultation if you wish:

    http://dinday.com/results.htm

    http://dinday.com/contact.htm

    Good luck.

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  • How do I find a good criminal defense lawyer for my son who is being held and implicated in a murder?

    What kinds of questions should I ask or use as interview questions to hire a lawyer for my son. His arraignment date is this coming Thursday and I wanted to have someone to provide guidance and/or representation before then. I am not clear yet as...

    Brian’s Answer

    I accept criminal defense cases from Salinas to Sonoma, and have done many gang and homicide cases in 35 years of criminal practice. I am an ex-prosecutor and give other lawyers Mandatory Continuing Legal Education (MCLE) seminars in criminal law.

    I think it is wise to act promptly to get him good representation. Public Defenders are usually skilled enough, but they are under-funded and have to many cases assigned to them to provide sufficient individual attention to every client.

    If you would like to learn more about me and my qualifications, you can do so at the links provided below, and call me for a free consultation as well:

    http://dinday.com/

    and

    http://dinday.com/results.htm

    I am available to speak with you today, if you wish. Use the number on the website and it will be forwarded to my cell phone.

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  • If an employer releases your paycheck to another and they cash it who is responsible and what should we do? do we have any right

    every saturday is his payday, 3 seperate occasions check not available. personnell office closed on weekends so we have to wait until monday for new check to be issued. once he was told that someone had cashed his check. we live pay day to pay da...

    Brian’s Answer

    If one of the conditions of employment with this wonderful company is that YOU bear the loss when they give away your paycheck to someone else, then it is not much of a loss. The employer has to issue a new check ASAP. If they get away with this, I suspect they will do it again. Tell them you'll have to report it to the police and Dept. of Labor if a new check is not issued. They are taking him for a chump and I am sure this is intentional.

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  • Im 17 have a baby and want to fix my boyfriends papers how do I do it?

    I am 17 and have a 1yr.old son my boyfriend currently lives in mexico tryed to pass ones but wasent secessful.he cut his two last fingers open trying to just the border so we thought it was too risky and dind try it anymore.they told me that I cou...

    Brian’s Answer

    You will probably "help" him get arrested and prosecuted for having sex with a minor. How old is he?

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