Vijay Dinakar’s Answers

Vijay Dinakar

San Jose Criminal Defense Attorney.

Contributor Level 17
  1. Arrested for the first time for shoplifting what to do in this case hire a lawyer or as for one in court?

    Answered over 1 year ago.

    1. Jasen Bodie Nielsen
    2. Vijay Dinakar
    3. Hetinder Singh Gill
    4. Andrew Joseph Bouvier-Brown
    5. Dan Eugene Chambers
    6. ···
    12 lawyer answers

    Hire an attorney asap. A private attorney can begin working on your case immediately and may be able to get the filing DA to agree not to file charges. If you wait and get the public defender this means that charges will already be filed. Additionally, if you hire a private attorney that attorney will make all your court appearances for you while with the public defender you will be obligated to attend court. Finally, most misdemeanor public defenders handle hundreds of cases simultaneously...

    21 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Under what circumstances can a confession be suppressed from evidence? This case is a felony DUI case.

    Answered over 1 year ago.

    1. Andrew Joseph Bouvier-Brown
    2. Dan Eugene Chambers
    3. Dean George Tsourakis
    4. Vijay Dinakar
    5. Margaret Forbes Mendoza
    6. ···
    11 lawyer answers

    As the other lawyers have suggested, this is a fact specific issue. It appears suspect was properly given Miranda advisement and suspect seems to have chosen to waive it and make statement. Generally on those facts the statement can come in as an admission against defendant at trial. However there are circumstances where statement could be suppressed. Perhaps the officer physically abused the suspect before giving Miranda which would render any statement involuntary and inadmissible....

    21 lawyers agreed with this answer

  3. My private criminal defense lawyer says that for my arraignment where I have a misdemeanor , I do not show up to court?

    Answered about 1 year ago.

    1. Joseph Briscoe Dane
    2. Michael Kevin Cernyar
    3. Andrew Stephen Roberts
    4. Vijay Dinakar
    5. Michael Raymond Daymude
    6. ···
    14 lawyer answers

    If you can't trust your attorney's knowledge and judgment on this most basic of issues, how will you trust your attorney on more complex and consequential matters? You should trust your attorney

    19 lawyers agreed with this answer

  4. Should I take the offer?

    Answered over 1 year ago.

    1. Andrew Stephen Roberts
    2. Christopher Irvin Simser
    3. Anthony Michael Solis
    4. Vijay Dinakar
    5. Michael Kevin Cernyar
    6. ···
    10 lawyer answers

    .06 is beatable even with the alleged "additive" effects of Xanax. If you go to trial, you'll need a good toxicologist who has experience in alcohol and benzodiazepines analysis and excretion. I speculate that going to trial will require you to pay more money. The decision to go tk trial or take a plea rests entirely with you the client. You should definitely listen carefully to what your attorney has to say (and he knows more than anyone here). That said, it's your license and future and...

    18 lawyers agreed with this answer

  5. How a jury is selected?

    Answered over 1 year ago.

    1. Maria Cavalluzzi
    2. Sharon Paris Babakhan
    3. Antoinette Cara Liewen
    4. Vijay Dinakar
    5. Christine C McCall
    6. ···
    7 lawyer answers

    Whole books have been written on the questions you pose. Go to Wikipedia and look up voir dire. Good luck

    18 lawyers agreed with this answer

  6. Does a settlement on a civil lawsuit prevent a finding of factual innocence to clear an arrest record?

    Answered about 1 year ago.

    1. Vijay Dinakar
    2. Vikas Bajaj
    3. Deepesh K Pandit
    4. Lonnie L Mcdowell
    5. Curtis L. Briggs
    6. ···
    6 lawyer answers

    I'm not aware that you're legally prevented from bringing and prevailing on a petition for factual innocence if you reached a civil settlement involving some of the same facts and issues that may have caused you to be arrested. Civil settlements often don't involve any admissions of guilt or even negligent responsibility, they are simply agreements between parties to an actual or potential civil lawsuit where the parties mutually agree to pay and accept a certain payment in exchange for...

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  7. How does one find a pro bono criminal attorney. Son facing serious charges & police misconduct.

    Answered 10 days ago.

    1. Dmitry Gorin
    2. Vijay Dinakar
    3. Ara Saroian
    4. Arnold William Gross
    5. David S. Kestenbaum
    6. ···
    13 lawyer answers

    Lawyers are not universally rich and must be paid for their work as any other person would be. Public defenders are "free" to the indigent accused but don't work pro-bono, they're paid by tax payers. I don't agree with the notion that public defenders don't fight for their clients, many are skilled attorneys with more talent and experience than private attorneys. The main benefit of hiring an attorney vs relying on the public defender is that you get to choose your private attorney so you can...

    15 lawyers agreed with this answer

  8. What is the definition of a CRIMINAL DEFENSE ATTORNEY???

    Answered over 1 year ago.

    1. Greg Thomas Hill
    2. Ryan Shea Conrad
    3. Jasen Bodie Nielsen
    4. Andrew Stephen Roberts
    5. Michael Moshe Levin
    6. ···
    8 lawyer answers

    California State Bar requires a written contract for attorney services where the bill exceeds $1000. The rules also require that the attorney furnish a duplicate signed copy to the client. Assuming your fee exceeded $1000, you should have a written contract which sets out the entirety of the agreement between the attorney and the client (you). The contract should be sufficiently clear. If you had any questions about the content of the contract, you should have inquired and satisfied...

    15 lawyers agreed with this answer

  9. Can I become an attorney with three misdemeanors on my record?

    Answered over 1 year ago.

    1. Vijay Dinakar
    2. Christine C McCall
    3. Anthony Michael Solis
    4. Michael Jon Fremont
    5. Jasen Bodie Nielsen
    5 lawyer answers

    Its possible that you could become a lawyer though this isn't certain. As you know attorneys must demonstrate their good "moral character" to practice law before they can be licensed by the state bar. I'm not aware of any "hard and fast rules" that govern this determination but generally the bar will look to see if you've committed acts (including but not limited to convictions) of moral turpitude. Generally this means acts of dishonesty or acts that demonstrate ones readiness to do evil....

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Hung juries in California for criminal cases

    Answered over 1 year ago.

    1. Vijay Dinakar
    2. Mark Lawrence Deniz
    3. Michael Kevin Cernyar
    4. Victoria L Clemans
    4 lawyer answers

    The dynamics of intra-jury debate and decision making are the subject of much speculation among attorneys. I'm not aware of any published data on the percentage of trials in California that result in a hung jury. Even if such data were available, it's not clear what useful insight could be gleaned from such information. Over 90% of cases in California don't go to trial so those that do surely represent a self selected group of cases. Often they are cases that are overcharged, weak, or where...

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

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