Vijay Dinakar’s Answers

Vijay Dinakar

San Jose Criminal Defense Attorney.

Contributor Level 17
  1. If I can't afford a Criminal Defense Attorney to defend me from PC 417.4 charges, what options do I have?

    Answered 8 months ago.

    1. Jeffery Kirk Rubenstein
    2. Vijay Dinakar
    3. Sean Fitzpatric Leslie
    4. Isileli Tupou Manaia Mataele
    5. Joseph Arthur Tang
    6. ···
    13 lawyer answers

    A public defender is an attorney licensed by the same body that licenses private attorneys. It is not easy, especially following the down economy, to be hired as a public defender at most offices so if you get a public defender you are usually ensured a minimal level of competence that often is not present with a private attorney. On the other hand, public defenders have an enormous caseload and get paid a flat salary, usually based on seniority, which is unaffected by their reputation among...

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  2. HOW IS IT LEGAL FOR A DA & PD TO 'MAKE UP' COMPLETELY UNTRUE CHARGES IN ORDER TO FIT THE SENTENCING TIME IN A PLEA AGREEMENT?

    Answered about 2 months ago.

    1. Vijay Dinakar
    2. Victor Murray Hwang
    3. J. Denise Carter
    4. Jay Scott Finnecy
    5. James Roy Dickinson
    6. ···
    6 lawyer answers

    Perjury involves lying under oath about a material fact. The DAs decision to reduce a charge from possession of GHB to possession of marijuana and your brother's decision decision to enter a no-contest or guilty plea to the new charge as a plea deal involves no perjury. It's unclear why you're complaining given the reduction in charge, would you rather that he plead guilty or no-contest to GHB which would be more consistent with the evidence from your perspective. Its unclear if this was...

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  3. Private attorney vs. public defender

    Answered about 1 year ago.

    1. Anthony Michael Solis
    2. Vijay Dinakar
    3. Oscar Rene Gutierrez
    4. Derek Anthony Patrin
    5. Peter Cameron
    6. ···
    7 lawyer answers

    Hire an attorney. Public defenders are saddled with hundreds of cases but they do not work longer hours than private attorneys. This means that public defenders spend less time on average per case than does a private attorney. This is not because public defenders are less competent or care less but because they, like private attorneys, have limited time. Good luck

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  4. Criminal case trial or no trial

    Answered about 1 year ago.

    1. Vijay Dinakar
    2. Heather Rogers Straub
    3. Anthony Michael Solis
    4. Katherine Elizabeth Hardie
    5. Gabriela Monserrat Lopez Arcos
    5 lawyer answers

    These are questions best posed to your public defender. Domestic violence offenses have serious immigration consequences. If you have some money you may want to consider hiring an attorney. Most attorneys, like myself, offer a free initial consultation. Good luck

    13 lawyers agreed with this answer

  5. Hit by another driver, but not arrested for DUI -- will I be charged?

    Answered about 1 year ago.

    1. Gilberto Benito Vega
    2. Andrew Stephen Roberts
    3. Wade Jonathan Skalsky
    4. Jonathan Burton Blecher
    5. Michael Dean Scheid
    6. ···
    6 lawyer answers

    Hire an attorney ASAP. Don't talk about this incident to anyone except your attorney. Do not attempt to handle anything with your insurance or other car's insurance without attorney. Not a word to cops, hire an attorney, good luck

    13 lawyers agreed with this answer

  6. California Criminal: Can a Witness (Victim) in a Criminal (Domestic Violence) Case Use the Code of CIVIL Procedure (CCP 1219b)?

    Answered about 2 months ago.

    1. Vijay Dinakar
    2. Michael Kevin Cernyar
    3. James Roy Dickinson
    4. Jay Scott Finnecy
    5. Brian K Wanerman
    6. ···
    6 lawyer answers

    ccp 1219b states the contempt punishment for an alleged victim of domestic violence refusal to testify. Namely, 1219b says that a DV victim can't be put in custody for refusing to testify. If the case involves allegations of DV and robbery and the alleged victim refuses to testify, she can't be put in custody. Family code 6211 defines who is an alleged victim of DV under 1219b. This is different than other witness testimony where refusal to testify can result in the judge placing the witness...

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  7. What is the best way to find a criminal defense attorney? Is there a nationwide association / directory you would recommend?

    Answered 4 months ago.

    1. Vijay Dinakar
    2. Greg Thomas Hill
    3. David Herman Hirsch
    4. William Andrew Parry
    5. David Matthew Piper
    6. ···
    10 lawyer answers

    If you are charged locally with violating a state law, you want to hire a local criminal attorney that regularly practices in the court that you are charged in. If you are charged in federal court, you should hire a criminal attorney who regularly handles federal matters in the court you're charged in. Avvo is a good place to start to get a couple consultations. Although it's true that often the need to hire a criminal attorney is time sensitive and urgent, you usually do have some time...

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  8. If you're caught under the influence of mushrooms, what is the worst that can happen?

    Answered 7 months ago.

    1. Vijay Dinakar
    2. Joshua Kaizuka
    3. Joseph Briscoe Dane
    4. Maltaise E Cini
    5. Rixon Charles Rafter III
    6. ···
    7 lawyer answers

    It sounds like your friend had a terrible trip, one can only imagine the horror he felt when he encountered law enforcement when he presumed he had chosen a safe set and setting. Unfortunately your friend is not in the clear and faces a criminal charge. He should hire counsel immediately. It is not easy to prove an under the influence charge especially in the case of less well studied substances like hallucinogenic mushrooms. Certainly your friend's statement to the officer will be pivotal...

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  9. I got a DUI in Alameda County in July.

    Answered 8 months ago.

    1. Terry Alan Wapner
    2. Vijay Dinakar
    3. David Patrick Vaughn
    4. Hudson Thomas Bair
    5. Joseph Arthur Tang
    6. ···
    6 lawyer answers

    You should hire an attorney to follow up on this for you. You should not be attempting to contact the DA yourself. Hiring an attorney will save you from having to make the drive and the attorney can attempt to convince the DA not to file the case. You can hire an attorney simply for the purpose of "pre-filing negotiation" to convince the DA not to file the case which would likely mean a substantially lower price than one would have to pay an attorney to defend a DUI once it is filed in court....

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  10. DUI: I filed a 1538.5 motion. Lost. Accepted a wet reckless before trial. 1538.5 motion still appealable?

    Answered about 1 year ago.

    1. Anthony Michael Solis
    2. Michael Jon Fremont
    3. Vijay Dinakar
    4. Jasen Bodie Nielsen
    5. Michael Anthony Hernandez
    6. ···
    7 lawyer answers

    Yes, it can be appealed. If you have an attorney why arent you asking him? if you dont have an attorney, hire one

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