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Vijay Dinakar
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Vijay Dinakar’s Answers

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  • Petty theft issue for college student

    I am doing masters of sciences in Fremont, CA. involved in petty theft at Target store worth of around $50. police office suggested me to attend court in next 2 weeks. my questions are 1. do I need to hire lawyer or I can explain my situ...

    Vijay’s Answer

    You should certainly hire an attorney to fight this case. You should definitely not attempt to "explain your situation" (presumably to a judge). If you are convicted, there is no way to erase this from record, although there is a post-conviction dismissal procedure pursuant to pc 1203.4 (but this has no effect on immigration). All the best.

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  • Can I file a P C 851.8 if the incident happen 25 years ago??

    was arrester wrongly office thought I was a different person. same last name once I got the police station they found out I was not the person they were looking for.

    Vijay’s Answer

    You can file the motion but it quite unlikely to be granted given that the prosecutor will likely raise the statute of limitations issue, which is 2 years. 851.8(l) does go on to say regarding the statute of limitations that, "any time restrictions on filing for relief under this section may be waived upon a showing of good cause by the petitioner and in the absence of prejudice". In reality, unless the district attorney does not oppose or positively supports your petition, you will have little chance. In order to get no opposition or support from the DA, you realistically will need to hire an attorney who can investigate the facts of the case and attempt to convince the DA that you're innocent before filing a motion. In some cases this can occur but the kind of proof that you'll need must be overwhelming dispositive proof of your innocence (like DNA evidence or someone else was subsequently prosecuted and convicted of a crime you could not have partaken in), not even significant compelling proof of your innocence will do when you have to convince the DA given that the statute of limitations is way past over. It might be worthwhile to consult an attorney regarding this but the chances of success are quite remote. All the best.

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  • Have you been arrested,cited,charged,indicted,fined,or imprisoned for breaking or violating any law or ordinance ?

    I was arrested for DUI in California in 2011, but there was not prosecution. Should I answer yes or no to that question ?

    Vijay’s Answer

    You must answer yes. This sounds like an immigration question. Answering falsely on an immigration application may create a basis for denial even in a case, as here, where revealing the fact in question (an arrest not leading to a conviction) would have no effect on your immigration application. Answer truthfully, you were arrested.

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  • I am severley disabled and cant afford my ticket

    I have no criminal history and I am a new driver. I recently got a ticket for driving my car in the carpool lane, I've only had my license for about 4-5 months and I thought prius can be driven in the carpool lane. Anyway I got a ticket on the bay...

    Vijay’s Answer

    You need the appropriate sticker for a qualifying car in order to be able to drive in the carpool lane. Not all Prius' qualify, some do. Perhaps your car does qualify, entitling you to drive in the carpool lane. If true, you should get the appropriate sticker and then go to court and ask the court for a reduction in the fine. The fact that your car qualified, doesn't mean the ticket retroactively goes away but it does mean that had you been diligent, you would've been able to drive in the carpool lane, perhaps the judge will chop some $ off the fine if you act contrite and non-entitled but perhaps not. If your car isn't allowed to drive in carpool, your only option is to go court and ask for a fine reduction or to convert fine to community service. There is also the possibility of getting a monthly payment plan to make payment more doable. All the best.

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  • I purchased greater than 9 grams of sudafed in a 30 day period. Will they come to my house and arrest me or investigate me?

    I purchase sudafed regularly every month. I have done this for 3 years. I do not manufacture methamphetamine. I do not have any methamphetamine related charges. I just like to take the sudafed to help me study. 3 days ago, I went over the legal li...

    Vijay’s Answer

    I don't doubt that you use sudafed as a (legal) study aid given that sudafed contains pseudoephedrine which is a stimulant of the
    phenethylamine and amphetamine classes. However you should not doubt that you live under a regime that is a global outlier in its zealous prosecution of the insane war on drugs and any chance it gets to arrrest, incarcerate, and or deny you any real prospect of employment it will do so. If you are a minority and or poor you are more likely to be searched, arrested and end up a victim of the drug war. While I would assume all stimulants pose some health risks, there are many politically correct substances which will not subject you to legal risk, some require no prescription (coffee and nicotine) while others require a Dr. prescription often on triplicate form with no refill possible (methylphenidate, dextroamphetamine, amphetamine salts, ect.). Avoid the politically incorrect substances and obey all laws related to prescription and legal purchase limits for prescription and over the counter drugs if you want to avoid the drug warriors. If you're ever contacted by cops for any reason, don't say anything except that you want a lawyer. Nobody knows if cops are investigating you or whether you will ever be contacted by them. All the best.

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  • Can my boyfriend kick me out of his house, by calling cops?

    I have been living with my boyfriend for a couple of months, he wants me out ASAP, and he is constantly fighting with me , and threatening me that he will call the cops on me. Can he do that? What are the cops going to do, if he ever calls the c...

    Vijay’s Answer

    • Selected as best answer

    This seems like a disaster waiting to happen. Once anyone calls the cops and reports domestic violence - here either you or your boyfriend - all bets are off regarding who the cops will arrest. Often, but not always, the party which calls first tends to get a more receptive ear from the cops and the other party gets arrested. However, this pattern is by no means always consistent. If, after the cops arrive, both parties claim to be victims of domestic violence most police department's official protocol is to determine which party is the "primary aggressor" in the and arrest that party. Often this means if one party has any physical evidence of being battered (scratches, bruises, strangulation marks, ect) the other party will be deemed the primary aggressor and arrested. Following arrest, the police report will generally read one-sided and point the arrested party in a negative violent light and the non-arrested party as a non-violent victim. When the DA receives the police, he/she will treat the report as gospel unless there is overwhelmingly demonstrable evidence to the contrary. This process is unpredictable and riddled with unfairness. Avoid this process at all costs. If you are not an owner or renter of the premises, then you have no legal right to occupy the premises if your boyfriend says to leave if he's an owner or renter. Leave at once. There are attorneys who can help you contact cops to help you conduct an officer accompanied walk through of the premises to retrieve personal property if it's not practical to do that yourself. If you have no children with this individual and share no assets, you should cut all ties and avoid the legal system as much as practical. All the best

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  • What charge is this WI 10980(c)(2) in San Mateo County

    Why do you have to be booked prior to your court appearance

    Vijay’s Answer

    If you were cited in person to attend court and be booked for a misdemeanor, you must attend court. However, you don't have to book before the court appearance because it is possible (though unlikely) that, "...both parties stipulate that booking or fingerprinting is not necessary" (Cal. Pen. Code 853.6) in which case you won't have to book [which creates a permanent arrest record]. If I've misread the question and you've already gone to court and been ordered by the judge to book, you must do so promptly but I assume you were cited to book on a misdemeanor.

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  • Blood were taken first time and second time I refused it for my second dui which way I should fight my case?

    I been charged for second dui and first sample were taken and I refuse to take the second sample. First sample came with .22 and charge with that. Should I fight that or what will be my options? They are charging me with my first sample.

    Vijay’s Answer

    You should certainly fight any criminal accusation, including this DUI. While .22 is a high blood alcohol test result, this does not mean the test is accurate or legally admissible, You should hire an attorney to fight this case. All the best

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  • I was arrested with a .17 bac in Sacramento. What will the typical penalties be? How much time will I be spending in jail?

    I live in a different city, can I ask for a transfer? I hold an out of state license, what are the repercussions for this?

    Vijay’s Answer

    Your case wont be transferred because you don't live in that city. Hire an attorney that regularly practices in the county that this alleged incident occurred. Nobody can list all the possible repercussions of a DUI. If the case is dismissed (or not filed) there will be no criminal consequences, if it's reduced to a 'dry reckless' or wet reckless the consequences will be less severe than an ordinary first time DUI, and if you hit property or a person and fled (hit and run) and allegedly drank the consequences will be much more severe. DMV is a separate matter. Consult a local attorney and reversal all details so he/she can immediately begin representing you. All the best

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