Vijay Dinakar’s Answers

Vijay Dinakar

San Jose Criminal Defense Attorney.

Contributor Level 17
  1. Federal indictment/charges (criminal case)

    Answered over 1 year ago.

    1. Michael Kevin Cernyar
    2. Anthony Michael Solis
    3. Vijay Dinakar
    4. Christine C McCall
    5. Daniel Aaron Horowitz
    6. ···
    7 lawyer answers

    The charging document lists the allegations of statutory violations. The discovery provides the meat of the evidence. Simply looking at the charging document won't tell you how weak or strong a case is, you have to examine the discovery as well as conduct your own defense investigation to size up a case. Best bet is to consult your attorney about the strength of the case against you. If you don't have an attorney hire one asap. Good luck

    11 lawyers agreed with this answer

  2. If i was 16 and the peroon was 36 can the they still be charge for havin sex with me

    Answered over 1 year ago.

    1. Sharon Paris Babakhan
    2. Stephen Troy Allen
    3. Anthony Michael Solis
    4. Angela M Berry-Jacoby
    5. James Donald Garrett
    6. ···
    9 lawyer answers

    Yes it's illegal. Frankly most 16 year old males dream of having sex with a 36 year old girls but the act for gender equity reasons remains illegal. The DA could charge on the word of a third party who claims that you or she admitted to having sex with each other. Also the DA could charge if there is an actual witness to the two of you having sex. In reality, either you (the alleged victim) or the 36 year old (the alleged perpetrator) will likely have to make a statement to the cops that...

    11 lawyers agreed with this answer

  3. Question about date rape drugs

    Answered over 1 year ago.

    1. Vijay Dinakar
    2. William Peter Daley
    3. Gregory Philip Bowes
    4. David Philip Shapiro
    5. Joseph Briscoe Dane
    6. ···
    6 lawyer answers

    At a minimum, attempted rape, possession of drugs (unclear which drug you're referring to as many prescription and illicit drugs can induce intoxication and unconsciousness). The notion of a "date rape drug" was conceived in the mid 1990's but per available studies looking at cases where alleged victims believe their drinks were "spiked" the phenomenon mostly occurs in b-movies and apparently fiction books (I wasn't aware people still read). From Wikipedia, "One study of 1,179 urine specimens...

    Selected as best answer

  4. How do I change car accident police report by CHP if they didn't write down what I said?

    Answered 2 months ago.

    1. James Murray Warden
    2. Vijay Dinakar
    3. Rafael Carrillo
    4. Eliot M Reiner
    5. Jay Scott Finnecy
    6. ···
    9 lawyer answers

    No, that's why it's called a police report. It's supposed to be written by the police officer whose name appears on it. It's not supposed to be written by consensus or by a committee. By no means should its contents be regarded as the truth, the whole truth, and nothing but the truth but in fact juries give great weight to the contents of a police report especially in a civil case where an accident report is seen as independent given that the officer is not attempting to execute an arrest and...

    10 lawyers agreed with this answer

  5. Criminal Case: Last day for a trial is the 15th, but DA is asking to schedule a new trial date. Should I comply? Can I refuse?

    Answered 5 months ago.

    1. Robert Lee Marshall
    2. Jay Scott Finnecy
    3. Vijay Dinakar
    4. Greg Thomas Hill
    5. Heather Ann Melone
    6. ···
    8 lawyer answers

    I assume you are representing yourself pro-per or you've copied an email sent to your attorney from the DA. It's not wise to represent yourself, especially on a 148 where credibility is often the most important issue. It's also not proper to reproduce a confidential email on a public forum like this. Nobody here will know more than you do about the details of the case and whether a continuance will help you. You're best advised to hire an attorney or get the public defender

    10 lawyers agreed with this answer

  6. Is my .05 DUI case likely to be dropped

    Answered 7 months ago.

    1. Mark K Rosenfeld
    2. Vijay Dinakar
    3. Peter John Marek
    4. Andrew Stephen Roberts
    5. Levon B. Kevorkian
    6. ···
    9 lawyer answers

    If you're 21 or over, charges are quite unlikely for a DUI. If you're under 21, this is a different matter.

    10 lawyers agreed with this answer

  7. My so was robbed at gunpoint but refuses to talk to the police, what are his and my rights to refusing to speak to the police

    Answered 7 months ago.

    1. Vijay Dinakar
    2. Brian K Wanerman
    3. Robbi Abrams Cook
    4. Jay Scott Finnecy
    5. Nicholas Milan Loncar
    6. ···
    7 lawyer answers

    Your son has no legal obligation to talk to police. If he is subpoenaed to court he must attend and testify or he could be held in contempt (which could include holding him jail for the duration of the proceedings or until he decided to testify). However your question relates to his obligation to talk to police, he has no such obligation. Your son may want to consult an attorney to help him pursue his goals and represent his interests if cops are hounding him. As a mother, you should support...

    10 lawyers agreed with this answer

  8. I am trying to get my DUI dropped down to a wet and wreckless. Is this possible?

    Answered about 1 year ago.

    1. Matthew Murillo
    2. Joshua Kaizuka
    3. Joshua Matthew Dale
    4. Alexander M. Ivakhnenko
    5. Douglas Holbrook
    6. ···
    9 lawyer answers

    You'll need to hire an attorney, a DUI is a serious charge. A wet reckless is certainly preferable as compared to the standard DUI but you may have numerous defenses to the charge which may lead to a dismissal. You owe it to yourself to hire an attorney to provide you the best defense possible.

    10 lawyers agreed with this answer

  9. Criminal defense

    Answered about 1 year ago.

    1. John M. Kaman
    2. David Patrick Vaughn
    3. Dan Eugene Chambers
    4. Joel W. Bailey
    5. Andrew Stephen Roberts
    6. ···
    9 lawyer answers

    I'm interested in why you were ordered to take a polygraph related to prior theft occurrences; is this is a government job or one involving security clearance of some sort (do not reveal anything on this public forum). Also of interest is whether the job your were applying for (or already held) led to your being hired (or fired if already employed). There sounds like there is more to this story, perhaps you should speak with a criminal attorney in private and reveal everything there. In the...

    10 lawyers agreed with this answer

  10. Got a ticket for DUI for prescription pills , spents 8 hrs in local jail cant loose licsense I am that only one in household who

    Answered about 1 year ago.

    1. Sharon Paris Babakhan
    2. George B. O'Neill
    3. Andrew Stephen Roberts
    4. Neil James Fraser
    5. Vijay Dinakar
    6. ···
    8 lawyer answers

    Yes lawyer up. Don't talk to anyone about the facts of the case except a lawyer in private. Best of luck.

    10 lawyers agreed with this answer

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