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Vijay Dinakar
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Vijay Dinakar’s Answers

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  • I've been booked n released without posting bail after being fingerprinted n photographed and have a court date set what's next?

    my charge is:470(d),altered,forged and counterfeit which i never committed all i did was pass bad checks from an individual i was working with and she had a business partner who did the counterfeiting.

    Vijay’s Answer

    You need to hire local competent criminal counsel asap. Your attorney will look at all the evidence and seek to get the best possible outcome in your case. In the meantime you should not talk about the case with anyone including the individual you were working with or her business partner, talk only with a criminal defense attorney in private. All the best

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  • Is there any recourse to have the statute of limitations waived due to the fact that the DA would not take my case in time

    The defendant was just charged with grand theft. .Restitution hearing and sentencing is September 17 I am supposed to get legal fees returned to me. DA says I cannot collect punitive damages or pain and suffering in a criminal case & That the sta...

    Vijay’s Answer

    Without knowing anything about the thief involved in your case,Id assume he's judgment proof. Which means even if you successfully sued him for the loss, punitive damages, and attorney fees you'd probably never collect any money as I doubt he'd have wages (to garnish), traceable bank accounts (to levy), or property (to place a lien on). But all that is moot as the civil statute of limitations has expired so you can't collect whether he's judgment proof or not. You're now only going to get restitution from the criminal court for the actual amount of money he stole from you, you're not entitled to recover attorney's fees you spent in pursuing the civil case or to punitive damages that may have been assessed if you won in a civil case. I'd suggest getting your records together regarding what was actually stolen from you and presenting those to the DA so you can get the maximum restitution you're entitled to. All the best

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  • Carrying a concealed firearm in the home

    Is it ok to carry a loaded and concealed firearm in the home without telling guests? The backyard? the garage? the front lawn?

    Vijay’s Answer

    Yes, as described this sounds like perfectly legal conduct. If you decide to brandish or discharge your concealed weapon, don't talk to anyone except a criminal attorney as you may quickly find yourself in trouble with police. This is the danger in carrying a weapon, whether legal or not. All the best

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  • Do family court judges take false DV allegations seriously?

    My ex made false allegations of violating a DVRO. Each time police investigate and determine that not only was there no crime committed but that each also DA's office and judge on call explains no crime or even a violation. Now they are trying to ...

    Vijay’s Answer

    The standards of proof that exist in family court and criminal court are different. In family court, facts can be established by a preponderance of the evidence (more evidence than not) whereas a criminal conviction requires proof beyond a reasonable doubt. A cop can arrest based on probable cause (more evidence than not) but they won't do that if they think a case won't be proveable once the police report is forwarded to the District Attorney for prosecution. Nobody here can do anything beyond talk in broad generalities because we don't have access to the facts of your case. Clearly, however, your ex is trying to get you in trouble so be very careful. You should tell your attorney everything and listen to what he/she says to do to protect yourself from arrest. If you don't have an attorney, hire one immediately. All the best

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  • What can i do

    A year a go i was caught stealing from my job with 2 other girls to make story short they made us sign papers saying that we will pay them back. I was pregnant at the time and the time the loss prevention person was talking to me he was saying tha...

    Vijay’s Answer

    They could bring suit against you in small claims court but that is beyond unlikely because: 1. They can't be represented by an attorney in small claims court; 2. They'd have to take the time, effort and money to file suit, serve you, show up to court, win in court, and then attempt to collect by wage garnishment, bank levy, property lien or combination thereof; 3. the of money you allegedly owe them is likely low (though not mentioned in your post) which simply won't justify doing anything beyond sending threatening letters, which costs only postage or (perhaps) referring to a collections agency which may harm your credit (assuming this really is a debt and that is doubtful). It's probably safe to ignore but your best bet is to have an attorney take a look at what you signed, etc. all the best

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  • Is there diversion program in Santa Clara County for petty theft for tourists ?

    Got a citation while on tour to USA at Santa Clara . I am back in india , got a letter from DA suggesting to enrol for diversion program. How can I do from india ? Is there an online classes available which I can take ? I don't want any criminal ...

    Vijay’s Answer

    I have dealt with this exact situation. The short answer is that you will not be able to complete diversion if you are not present in the U.S. If you can't complete diversion, the DA will pursue a conviction. However you don't have to appear personally for any court hearings if you hire an attorney so your best bet is to hire an attorney who can get a dismissal even if you stay in India. If you don't hire an attorney and fail to appear for a court date, the court will issue a warrant which will prevent you from coming back to the U.S. All the best

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  • Is signing an admission of guilt a good idea to help obtain a deferred prosecution?

    My attorney is trying to obtain a deferred prosecution in a misdemeanor DV assault chrage. The DA initially offered a deferred sentencing diversion. My attorney wants me to sign an admission of guilt on his office in an effort to keep it off the...

    Vijay’s Answer

    If you are not a citizen, this type of conditional plea could have devastating consequences. On the other hand, if you are a citizen and you understand the potential consequences - if you get arrested or charged with another crime, your guilty plea will be used to sentence you and obtain a permanent conviction - then perhaps this might be a good option. However, nobody on this public forum as anywhere near as much information about your case as your attorney does. Perhaps the evidence against you is very strong, perhaps it is very weak. The strength of the evidence will always be important in determining what the optimal strategy should be. Really, you have two options: 1. discuss this thoroughly with your attorney and make an intelligent decision with the aid of your attorney or hire another attorney-- there is no third option. All the best.

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  • My girlfriend commuted petty theft, what is going to happen to her? What can she do?

    My girlfriend is a kleptomaniac. She hadn't stolen since she was 14. She never got caught. She is now 17, she was under stress and her kleptomania came back and she committed petty theft. The owner is not pressing charges, but her case is still be...

    Vijay’s Answer

    She needs to hire a criminal attorney to help her with her criminal/juvenile case and she needs to hire a psychologist or psychiatrist to help her with her kleptomania.

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  • Caught shoplifting at Macy's as a minor (14), no police officers were involved. They gave me a Civil demand. Should I pay it?

    I got caught shoplifting $50 worth of merchandise by Macy's LP. They gave me a Civil Demand Notice and my dad came to pick me up. I was charged $425 and nothing was damaged. Should I pay the $425?

    Vijay’s Answer

    Unless you have a strong desire to give unearned money to a large multinational company and their legal henchmen, you should not pay the civil demand. Sounds like you dodged a bullet in that cops were not called. Don't get caught stealing again, next time you might not be so lucky. All the best.

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  • Is it possible for the criminal defense lawyer to get the 647b PCmisdeamnour to reduce to disturbing the peace as an infraction?

    The 647b PC misdeamnour case got filed and was not able to stop to be filed by my defense lawyer. The prosecutor or DA office filed the case. Is it possible for defense lawyer to fight the case to be reduced to disturbing as peace as infraction in...

    Vijay’s Answer

    You should hire a competent attorney asap so that this case will be dismissed. All the best

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