Brian Richard Dinday’s Answers

Brian Richard Dinday

San Rafael Criminal Defense Attorney.

Contributor Level 16
  1. How can i sue my ex best friend for defamation of character, slander, perjury, emotional distress in California?

    Answered over 5 years ago.

    1. Brian Richard Dinday
    1 lawyer answer

    Trashing people by abusing the legal system at taxpayer's expense has become something of a favorite sport in some circles, particularly accusations of child abuse. I just finished writing an article about just that. But here is your problem in trying to do what you wish. Number one: does she have any money to take if you DID wind a lawsuit against her? Number Two: Did you know that filing such a lawsuit will only get her an even bigger stage to repeat the same lies and embellish on...

    5 people marked this answer as helpful

  2. What is a felony settlement conference?

    Answered about 5 years ago.

    1. Ben Walter Pesta II
    2. Brian Richard Dinday
    2 lawyer answers

    Usually this means that the prosecutor, the defense attorney and the judge meet in the judge's chambers to discuss your case and see if a deal can be made to avoid a trial. if not, the case usually goes to a jury trial. The defendant is not invited to this conference, often a source of frustration to the accused, but actually your lawyer can do a better job for you with you NOT there. Emotions get in the way. I'd sure be upset if I were being prosecuted for a felony. your lawyer will report the...

    2 lawyers agreed with this answer

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  3. How long do I have to file charges against a child molester?

    Answered about 5 years ago.

    1. Brian Richard Dinday
    2. Monrae Leanna English
    3. Robert Lee Marshall
    3 lawyer answers

    Congratulations on overcoming the childhood programming this man did on you. If you can get him prosecuted, you may be saving other young girls from him. His type get tired of a girl when she commits the sin of growing up and they look for new victims. I do not know if your local authorities will be interested, but the statute of limitations is likely still open on him. If you do go to the police, I suggest you first collect up signed, written statements from everyone who knows what he did,...

    8 people marked this answer as helpful

  4. Is it legal to kill zombies (and other related questions)?

    Answered over 5 years ago.

    1. David Carl Beyersdorf
    2. Frederick James Northrop
    3. Jonathan H Levy
    4. Brian Richard Dinday
    5. David Perry Davis
    6. ···
    6 lawyer answers

    Ah, but what if the zombie is ROB ZOMBIE? Huh? He's alive. And as the attorney for the executor for the estates of all the Zombie family's dearly departed I have to advise the poster and all the accomplice attorneys who responded that I am filing a wrongful un-death action naming each of them as responsible (irresponsible?) parties. We have also pleaded a cause of action for intentional infliction of emotional decease. Our initial settlement demand is two hundred forty thousand, seven...

    1 lawyer agreed with this answer

    6 people marked this answer as helpful

  5. Can I get a real estate license if I get my felony record expunged

    Answered almost 6 years ago.

    1. Brian Richard Dinday
    1 lawyer answer

    You don't provide much information, but I'll make some assumptions and see if the answer helps. The type of crime you were convicted of may be important. If it was a drug case long ago, the Real Estate Commission might not care much. If it was embezzlement of trust funds, they'll care a lot. By "expungement", I assume you mean that you got relief under Calif. Penal Code Section 1203.4. This type of "expungement" will not help you much in this situation. You still have to disclose the...

    1 lawyer agreed with this answer

    6 people marked this answer as helpful

  6. Landord after 3 months wants me out, we have a 1 yr lease. he turned off utilities,& told utility com. not to turn service on.

    Answered about 5 years ago.

    1. Brian Richard Dinday
    2. Steven Alan Fink
    3. Frances Miller Campbell
    3 lawyer answers

    Your landlord is soooo far out of line, you ought to consult an experienced landlord tenant attorney, because I don't think the harassment will stop at this. I am not a tenant attorney, but I did a quick search on line and found this resource, which you might try calling and/or going to see them.: MERCED COUNTY Central California Legal Services 357 West Main Street, Suite 201 Merced, CA 95340 (209) 723-5466 (800) 464-3111

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  7. DA rejected my DV case due to insuff evidence. I have NO priors, can I seal the arrest?

    Answered over 5 years ago.

    1. Brian Richard Dinday
    2. Brian C Andritch
    3. John M. Kaman
    4 lawyer answers

    Actually, getting a factual innocence petition granted under your facts might be comparatively easy. I do a lot of them. It is easier if your ex has cooled off and regrets the false report. If he will support your petition, you are likely to win if it is done by an experienced lawyer. You can learn more about Petitions for Factual innocence (PFI) on my website: http://lawyer-expungement.com/petition.htm Or you can go here for results of actual cases I have had: http://lawyer-...

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  8. A criminal court judge ordered a revised court report (complete and verbatim) from a court hearing where another judge...

    Answered about 5 years ago.

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

    I don't want to shock Mr. Karman, but I had the experience 20 years ago where a judge apparently had his reporter edit out key information in a court hearing. I had to threaten to subpoena the reporter's original notes and move against his license. Upon which, he immediately sent a corrected transcript with the critical information included. So I do not assume that just because something is rare, that it is impossible. I am assuming that what this inquiry is about is that the judge had a...

    4 people marked this answer as helpful

  9. If you make comments about someone that are true, can you be sued for defamation of character?

    Answered about 5 years ago.

    1. Brian Richard Dinday
    2. Steven Alan Fink
    3. Alan James Brinkmeier
    4. Lars A. Lundeen
    4 lawyer answers

    Here is some free advice. Let go. It's not your problem. Did you want to split from him or tie yourself to him for years and years in litigation? And no, the "real question" is not whether he could win a lawsuit against you. It's whether you want the expense of defending one.

    4 people marked this answer as helpful

  10. How can misdemeanor charges be dropped?

    Answered about 5 years ago.

    1. Joseph Briscoe Dane
    2. Brian Richard Dinday
    3. Edward Jerome Blum
    3 lawyer answers

    I have litigated a couple of domestic violence cases in Santa Clara County, and yes, they do make a lot of noise about how it is not up to the victim to drop the charges and they will convict you no matter what, and they will force her to testify, (blah, blah, blah). The truth however, is that with an uncooperative witness and good representation, the D.A. will often back down and dismiss, but they'll make you work for it and it takes expert guidance. Step #1: It does not help...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful