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Vijay Dinakar
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Vijay Dinakar’s Answers

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  • If I post bail for my brother and then he disappears, will I have to pay the rest of the bond? Could I go to jail?

    The bond was $50,000. I paid $5,000 ten percent of the entire bond. There were 2 other co-signers as well. I don't know where he is and he didn't go to court. Am I responsible to pay another $45,000? Will I go to jail?

    Vijay’s Answer

    You won't go to jail, with respect to your co-signing the bond, this is a civil matter. The details of the bail agreement can be found in the contract you signed. Sometimes the co-signer grants the bail bondsmen a lien on property in the event the bailee flees, sometimes it's simply an unsecured debt. In any event, the debt is dischargeable in bankruptcy if it comes to that. However you frame your question in the future conditional: ..."if I post bail for my brother and then he disappears..." so perhaps you haven't co-signed yet. If you think your brother might abscond (if he hasn't already), perhaps you shouldn't co-sign. All the best

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  • Caught shoplifting: security dealt with problem & no police showed up but does that mean they will show up at my house later?

    yesterday i got caught shoplifting. it was dumb and i really learned my lesson. I was taken to the back of the store where the security guard took down my information and had me sign a civil demand store. i am not entirely sure if he called the po...

    Vijay’s Answer

    It's possible police were called but were too busy to respond immediately to a non-emergency petty theft case like yours and in that situation the police dispatcher will advise the store to release you (because under the "shopkeeper privilege" the store is only allowed to hold you for a reasonable time. Thereafter the loss prevention officer will forward their report (and video footage) to the police and police will write a report and refer the matter to the DA for prosecution (I have seen the above factual situation in some situations). I do agree with my colleagues that it is a relatively rare case when police don't immediately show where there is a subsequent prosecution but it does happen. You should hire a criminal attorney to prevent a criminal filing against you. All the best

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  • Do I need a lawyer?

    My vehicle was stolen over a month ago and involved in a hit and run. I wasn't aware until the morning, apparently making it look suspicious to police. It appeared to them I crashed and took off. There was a loaded gun found in the vehicle as wel...

    Vijay’s Answer

    Yes, you need a criminal attorney. You should not talk to police under any circumstances. Do not talk to anyone except a criminal attorney in private about this. All the best

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  • Will my dismissed misdemeanor charge show up in other states during an employee criminal background check?

    I'm planning on moving to Utah, and I'm curious if my record will be haunting me. I'm aware that private employers can't asked about arrests or dismissed convictions in California. Will my record show if an employer will run my background ch...

    Vijay’s Answer

    Unless the background check is not comprehensive or is inaccurate, then it will show up. Not all states prohibit employers from using arrests not leading to convictions or dismissed convictions against employees. If you're concerned about a Utah employer you should contact a Utah criminal attorney.

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  • Divorce case filed in Santa Clara against my wife, In-Laws threatened me to file a domestic violence case.

    I moved out of our apartment and I filed divorce against my wife. She called her mother, brother-in-law and her friend (caused divorce) to the apartment. They cleared all the goods which we received in marriage including jewelry worth more than $8...

    Vijay’s Answer

    You need an aggressive attorney to work on your behalf to help you collect evidence to protect you and your property. Yes the FB chat logs can be used whether they are in English or not. All the best

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  • I made 2 false dv police reports on my boyfriend I was under the influence and drinking.what can happen ?

    So i been going threw alot i lost my car job kids and my dad passed away this year .I started using meth and drinking like everyday since my dad past...i drink 4 loc co......when i drink this i black out i dont know wat happens.well their was two ...

    Vijay’s Answer

    Hire a criminal attorney asap since you've just admitted to filing a false police report which is a crime under cal. Pen. Code 148.5. All the best

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  • My son was sentenced to 56 week anger management classes to be each Saturday he has 8 left to attend he recently confided he is

    Addicted to pain killers and wants me to get him into rehab I can do that this week he does not want to get in trouble for missing mandated classes so he asked person in charge of program for advice they told him if he misses classes he'll have to...

    Vijay’s Answer

    This is certainly best handled by a local criminal attorney. You must understand you are his parent and parents tend to want to act quickly and "seek help" for their child, especially when a medical emergency exists (as maybe the case with regard to drug addiction). They are often are tempted to disclose information regarding their child's situation to those who they think will help (or perhaps teach/reform their children with "tough love" such as: teachers, physicians, probation officers, even cops. This can be dangerous as these people do not always have the same goals as the parents. These people may want to place the person in an in-patient or out-patient treatment facility regardless of prior probation terms (like the 52 week class), or alternatively they may wish to obtain incriminating information from you so they can search, arrest, and convict your son of another crime (drug possession or drug sales). Again, this is why it's crucial to get a criminal attorney whose only goal is to protect your son legally by preventing him violating probation or being convicted of another crime. Frankly the permanent legal consequences of being convicted of any crime (including a drug crime or violating probation) are usually worse than the temporary health consequences of shortly postponing necessary drug rehabilitation. In most civilized countries in Europe and elsewhere, this is likely not the case but here the war on drugs is still being fought very vigorously. Perhaps your son has a legal prescription for pain killers and is not selling said drugs but perhaps he's obtaining the pain killers illegally and then selling them. Hire an attorney.

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  • My son is not a gang member but he is being charged with gang chrgs because he is a young hisPanic male. I need to help him

    I am desperate to save my son he is currently in max security being held without bail and steretyped as a gang member because of his race age and family members. Obviously there is no proof of the accusations only because there is none on a innoc...

    Vijay’s Answer

    It's unclear what crime(s) your son is charged with, only that it is gang related and appears to involve a homicide. It's unclear if he's charged with the homicide (as an accomplice or principal) with a gang enhancement or whether he's charged with accessory after the fact (apparently because he assisted the alleged murder(s) in evading detection following an alleged murder). Don't try to explain what he's alleged to have done, posting specific details on a public forum can't help your son. I'll say that since you lack funds to hire an attorney, your son has only one option which is to rely on appointed counsel in the form of the public defender's office. I'll also add that the gang enhancement statutes (pc 186.22) are complicated but in order to prove a gang enhancement, one doesn't need to show that the individual was actually a member of the gang. I'm sure his public defender is aware of what is required to be shown but yes, the gang statutes are pretty unfair and do tend to have a racial component but they've been around for quite some time and have survived all manner of appellate challenge. As with the war on drugs, the war on gangs is mostly a way to imprison black and brown male youths en masse. All the best.

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  • I believe a business entered into a transaction with intent to defraud. At what point can this be reported as a crime?

    I contacted a business to purchase some equipment. They provided me with an invoice, which I paid. As soon as the check cleared, they stopped returning calls and emails, and the equipment was never delivered. Online research turns up many other pe...

    Vijay’s Answer

    • Selected as best answer

    You can call police whenever you want but its up to police to determine how seriously they take your complaint. This sounds more like a civil matter unless, as you suggest, this has happened to multiple people as an intentional plan to defraud with no intention to provide the equipment. Your best strategy may depend on how much money you're out. If you lost $100 that is one thing but if you're out $100,000 that is an entirely different matter. If you lost significant money, your best bet is to hire local attorney. All the best.

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  • Is it illegal for a minor to date an 18 year old if they were dating before he turned 18 ?

    My friend is dating a guy and he's 17 at the moment and she's 15 is it illegal for them to date even If they were dating before he turns 18?

    Vijay’s Answer

    California is a sexually regressive state, all sex below 18 is illegal. Per available data, about 1/2 of male and female minors (under 18), are (mostly un-prosecuted) criminals: http://www.kinseyinstitute.org/resources/FAQ.html
    The data is for Americans, not Californians, but it's doubtful that California teens are more prude than other state youths. Yet another reason to avoid cops like the plague, don't discuss romantic practices with anyone including friends, family, teachers, or cops. Don't engage in sexting, sexually explicit talk in written form, or take revealing photos. Best bet is to move or avoid "dating". All the best.

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