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Vijay Dinakar
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Vijay Dinakar’s Answers

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  • Why was I given the equivalent of a DUI for my Wet Reckless for multiple things. (Over fined, wrong driving program, probation.)

    Was convicted in Palo Alto for a wet reckless 23103.5. (a). Was fined over $2000, when I research max fine for wet reckless, its only up to $1000. I was also given 3 month DUI course, but being that I was convicted of a wet reckless and not a DUI...

    Vijay’s Answer

    Keep in mind that each case and each case settlement is individual. Perhaps your case was a very "borderline" wet reckless case in that the DA was very reluctant to offer you a wet reckless unless you agreed to terms that more often accompany a standard DUI plea. Often, though not always, a 2 year probation term is standard for a wet-reckless in Santa Clara but certainly there is nothing in statute that mandates a 2 vs. 3 year probation term. The fine amount for a wet reckless vs DUI is also significantly lower on a "standard" first time plea but again no case is really "standard" and each case can and is plead individually per the individual facts. To answer your question, you have virtually no chance to get money back you paid as a result of a legally imposed plea bargain where a fine was imposed (you can also not get back time you sat in a 3 month course vs the shorter course). Really these are questions that should be posed to the attorney that handled your plea if you have specific questions, we simply don't have access to all the documents and facts which are required to render a fully accurate answer. All the best.

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  • Can an officer share information from a case or from an interrogation with anyone? Or even with a suspected suspect?

    I don't know if im asking this right hopefully it makes sense.

    Vijay’s Answer

    There is no privilege between an officer and anyone they obtain a statement from so the answer to your question is that an officer 'can' "share information from a case or from an interrogation with anyone." Whether the officer will, in practice, reveal the content of interrogation with anyone will depend on whether doing so will help him/her to solidify an arrest/prosecution. The goal of law enforcement officers is to investigate and obtain evidence sufficient for arrest and conviction. If one seeks to avoid being arrested or convicted of a crime, one should never talk to police. Talking to police can lead to false confessions, arrests, and convictions. Talking to police can cause irreversible damage to one's life and liberty that sometimes can't be remedied even by the best criminal attorney. If you a minority, cognitively disabled, or a juvenile talking to police can be an even more dangerous proposition than it would be for a well dressed middle aged white male professional. All the best.

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  • Accused of rape

    I am 17, accused of having sex with a girl, who was drunk and 16. I am in nys what charges am I facing? I was told rape 3rd. is there any other charges I am facing

    Vijay’s Answer

    I do not practice in your state but I can tell you that you should not speak to anyone about this matter - friend, enemy, teacher, parent, cop, - except a criminal attorney in private. You should run not walk to a NYS criminal attorney's office for a thorough consultation. Under no circumstances should you utter so much as a syllable to a law enforcement officer except that you will not answer any questions about anything and want an attorney. Also be wary if someone identifying herself as the alleged victim calls you, it maybe a pre-text call intended to obtain an incriminating statement from you. I know you must be scared out of your mind given your age and the serious nature of the allegations, but you must retain an attorney and not talk about this incident with anyone else. There are many experienced criminal attorneys in your area who can help you. Do ask your parents to pay for an attorney but do not discuss the facts of the allegation with them. If you can't afford an attorney, an attorney will be appointed for you but only after you are charged. Again, whether you are simply being investigated or have already been arrested and formally charged, you need experienced counsel to guide you through this process. Asking an question on this forum will not be very helpful, you need a real live criminal attorney asap. All the best.

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  • What are the consequences for perjury by a party's attorney, NOT the other party, if proven to the judge in a case?>

    I realize people lie all the time in family law but are their consequences to an attorney, other than sanctions, if that attorney says in a document that notice was given and was not. It can also be proven false as well. Does it potentially start...

    Vijay’s Answer

    Perjury is ubiquitous, difficult to prove, and seldom prosecuted. However, nobody here knows the underlying facts of your case or whether anyone - attorney or non-attorney - did anything unethical, illegal, or improper. Proving perjury is not simply a matter of proving that oral or written statements can be proven false by reference to other inconsistent material or the like, there is an intent element and oftentimes parties or their representatives can put forth claims that are incorrect or mistaken but this is not the same as criminal perjury. You are probably best advised to focus on substantive matters in your case, rather than whether or when you were properly served by opposing party's counsel. On this issue, you are further advised that self representation puts you at an extreme disadvantage because the judge - whether fair or not - will tend to believe and be sympathetic to the arguments of counsel vs. a non-represented party. All the best in your case.

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  • Am I correct in believing that I do not have to disclose those dismissed cases?

    I have a couple of arrests that ended with a disposition of dismissed on my record. I need to renew my teaching credential and below are the directions on what I have to disclose. Disclose: All misdemeanor or felony criminal convictions inclu...

    Vijay’s Answer

    1203.4 dismissals remove nothing from your record but simply add "dismissal" to the record. State licensing boards are not barred by 1203.4 (or any other California statute) - as California employers are - from considering dismissed convictions, arrests, or "acts" not leading to arrest to determine if you meet the licensing board's threshold for good moral character. You should hire a licensing attorney, I recommend Christine McCall. Since you say you are merely renewing your credential as opposed to applying for the first time, I believe the questions and standard is different (in a way that is beneficial to the applicant). Best of luck.

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  • What happens if I got a petty theft citation?

    I live in California and today I received a petty theft citation (PC 488a). The amount stolen was $90. I have never been arrested or convicted of anything before. My record is clean. Is it possible I can get the charges dropped? If not, what is go...

    Vijay’s Answer

    You should hire an attorney to fight this case as soon as possible. Petty theft is not taken lightly in Alameda County. Petty theft is a misdemeanor offense but an attorney can work to keep your record clean.

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  • Is there any reason I shouldnt sign a property reclaim confirm form if I've only received partial property back from the police?

    During my arrest they took everything in my possession but only returned 30% of everything and retained the rest "for evidence" with no indication of timeline or intent to return any of my expensive belongings. 3 part question of the top of my...

    Vijay’s Answer

    Have your attorney bring a return of property motion in court for you. Often, if the property really has nothing to do with the criminal allegations against you, the District Attorney will not oppose your motion in which case the property will be returned to you. All the best.

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  • How do you hold an arresting officer accountable for destroyed or lost property and injuries during an arrest?

    when should you bring up the fact that the police officer smashed your phone screen during an arrest? before the arraignment, during, or after? What about property that was seize, but rightfully yours and lost by them? How about injuries?

    Vijay’s Answer

    As other attorneys here have mentioned, "you" should not bring the facts of the case up at, during, or after the arraignment -- that is something your attorney should bring up at the appropriate and in the proper manner. Since you were injured, you may also have grounds for bringing a civil suit against the officer and government but there are very strict time limits regarding this. You must hire a competent criminal attorney to fight for your rights . All the best.

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  • How long does it take to get this dangerous man off the streets?

    Who do I call to turn in someone that has violated there parole.

    Vijay’s Answer

    I believe you can call 911 if its an emergency. Otherwise, you can call the non-emergency number for your local police or sheriff. It's unclear what if any crime has been committed but you are always free to report crime when you've witnessed it. All the best.

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  • Can I serve a meet & confer letter to ex and not violate dvro against me if the address on her court docs is a po box?

    Ex gof a dvro against me just prior to serving me with divorce papers. I'm trying to do discovery and she blew off the deadline for form interrogatories I had served to her po box (by mail via a third party). It's the only address the court has. I...

    Vijay’s Answer

    Your query raises many problems associated with self-representation. An attorney is not restrained, as you are, from contacting the opposing party. The opposing party is free to invent new stories about you contacting her by mail, facebook, or otherwise which the court may use against you in. Be very careful with such restraining orders, they're taken seriously by courts and the police. Hire an attorney to accomplish your goals. All the best.

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