Vijay Dinakar’s Answers

Vijay Dinakar

San Jose Criminal Defense Attorney.

Contributor Level 17
  1. 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

  2. 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...

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  3. 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 17 days 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

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

    Answered 3 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

  5. 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 3 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

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

    Answered 8 months 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

  7. Criminal defense

    Answered 10 months 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

  8. 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 10 months 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

  9. Should I contact someone's probation officer if I see them driving drunk?

    Answered 10 months ago.

    1. Lewis Robert Rosenblum
    2. Anne Marie Healy
    3. Vijay Dinakar
    4. Michael Douglas Shafer
    5. Michael Stewart Phillips
    6. ···
    6 lawyer answers

    I assume that you have it in for this "acquaintance" that you "did a little digging" on. How do you know this person; why do you despise him so much that you feel compelled to conduct research into their background and surveil them while they are at bars? You're free to report this to anyone if you're held bent on destroying this person's life. If you do report this to probation, the probation may ignore this or may followup and call you as a witness in a violation of probation hearing.

    10 lawyers agreed with this answer

  10. I got a dui and I'm wondering if my blood test will come back for meth if I'm on 90 mgs of Adderall a day prescribed.

    Answered 10 months ago.

    1. Wade J. Skalsky
    2. Daniel M. Fox
    3. Michael Kevin Cernyar
    4. Hudson Thomas Bair
    5. Vijay Dinakar
    6. ···
    10 lawyer answers

    If you had a prescription for Adderall (amphetamine salts) then your possession and consumption of said pharmaceutical was perfectly legal. The same goes for the other prescription medications. That said, it is not legal to drive while under the influence of any intoxicating substance, whether prescribed or not. Also of interest is that you are consuming suboxone which is often, but not always, prescribed for opiate addiction. You mention that you "got a dui", I presume this means you were...

    10 lawyers agreed with this answer

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