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Vijay Dinakar
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Vijay Dinakar’s Answers

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  • Divorce case filed in Santa Clara against my wife, In-Laws threatened me to file a domestic violence case.

    I moved out of our apartment and I filed divorce against my wife. She called her mother, brother-in-law and her friend (caused divorce) to the apartment. They cleared all the goods which we received in marriage including jewelry worth more than $8...

    Vijay’s Answer

    You need an aggressive attorney to work on your behalf to help you collect evidence to protect you and your property. Yes the FB chat logs can be used whether they are in English or not. All the best

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  • I made 2 false dv police reports on my boyfriend I was under the influence and drinking.what can happen ?

    So i been going threw alot i lost my car job kids and my dad passed away this year .I started using meth and drinking like everyday since my dad past...i drink 4 loc co......when i drink this i black out i dont know wat happens.well their was two ...

    Vijay’s Answer

    Hire a criminal attorney asap since you've just admitted to filing a false police report which is a crime under cal. Pen. Code 148.5. All the best

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  • My son was sentenced to 56 week anger management classes to be each Saturday he has 8 left to attend he recently confided he is

    Addicted to pain killers and wants me to get him into rehab I can do that this week he does not want to get in trouble for missing mandated classes so he asked person in charge of program for advice they told him if he misses classes he'll have to...

    Vijay’s Answer

    This is certainly best handled by a local criminal attorney. You must understand you are his parent and parents tend to want to act quickly and "seek help" for their child, especially when a medical emergency exists (as maybe the case with regard to drug addiction). They are often are tempted to disclose information regarding their child's situation to those who they think will help (or perhaps teach/reform their children with "tough love" such as: teachers, physicians, probation officers, even cops. This can be dangerous as these people do not always have the same goals as the parents. These people may want to place the person in an in-patient or out-patient treatment facility regardless of prior probation terms (like the 52 week class), or alternatively they may wish to obtain incriminating information from you so they can search, arrest, and convict your son of another crime (drug possession or drug sales). Again, this is why it's crucial to get a criminal attorney whose only goal is to protect your son legally by preventing him violating probation or being convicted of another crime. Frankly the permanent legal consequences of being convicted of any crime (including a drug crime or violating probation) are usually worse than the temporary health consequences of shortly postponing necessary drug rehabilitation. In most civilized countries in Europe and elsewhere, this is likely not the case but here the war on drugs is still being fought very vigorously. Perhaps your son has a legal prescription for pain killers and is not selling said drugs but perhaps he's obtaining the pain killers illegally and then selling them. Hire an attorney.

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  • My son is not a gang member but he is being charged with gang chrgs because he is a young hisPanic male. I need to help him

    I am desperate to save my son he is currently in max security being held without bail and steretyped as a gang member because of his race age and family members. Obviously there is no proof of the accusations only because there is none on a innoc...

    Vijay’s Answer

    It's unclear what crime(s) your son is charged with, only that it is gang related and appears to involve a homicide. It's unclear if he's charged with the homicide (as an accomplice or principal) with a gang enhancement or whether he's charged with accessory after the fact (apparently because he assisted the alleged murder(s) in evading detection following an alleged murder). Don't try to explain what he's alleged to have done, posting specific details on a public forum can't help your son. I'll say that since you lack funds to hire an attorney, your son has only one option which is to rely on appointed counsel in the form of the public defender's office. I'll also add that the gang enhancement statutes (pc 186.22) are complicated but in order to prove a gang enhancement, one doesn't need to show that the individual was actually a member of the gang. I'm sure his public defender is aware of what is required to be shown but yes, the gang statutes are pretty unfair and do tend to have a racial component but they've been around for quite some time and have survived all manner of appellate challenge. As with the war on drugs, the war on gangs is mostly a way to imprison black and brown male youths en masse. All the best.

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  • I believe a business entered into a transaction with intent to defraud. At what point can this be reported as a crime?

    I contacted a business to purchase some equipment. They provided me with an invoice, which I paid. As soon as the check cleared, they stopped returning calls and emails, and the equipment was never delivered. Online research turns up many other pe...

    Vijay’s Answer

    • Selected as best answer

    You can call police whenever you want but its up to police to determine how seriously they take your complaint. This sounds more like a civil matter unless, as you suggest, this has happened to multiple people as an intentional plan to defraud with no intention to provide the equipment. Your best strategy may depend on how much money you're out. If you lost $100 that is one thing but if you're out $100,000 that is an entirely different matter. If you lost significant money, your best bet is to hire local attorney. All the best.

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  • Is it illegal for a minor to date an 18 year old if they were dating before he turned 18 ?

    My friend is dating a guy and he's 17 at the moment and she's 15 is it illegal for them to date even If they were dating before he turns 18?

    Vijay’s Answer

    California is a sexually regressive state, all sex below 18 is illegal. Per available data, about 1/2 of male and female minors (under 18), are (mostly un-prosecuted) criminals: http://www.kinseyinstitute.org/resources/FAQ.html
    The data is for Americans, not Californians, but it's doubtful that California teens are more prude than other state youths. Yet another reason to avoid cops like the plague, don't discuss romantic practices with anyone including friends, family, teachers, or cops. Don't engage in sexting, sexually explicit talk in written form, or take revealing photos. Best bet is to move or avoid "dating". All the best.

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  • How do i find out exactly what my family memeber is being charged with before his first court date?

    arrested when he returned home after work on al edged domestic violence charges

    Vijay’s Answer

    Best bet is talk to your family member's attorney. Assuming your family member wants his attorney to talk to you about the case, the attorney can tell you the charges. You also call or go in person to the criminal clerk who can provide you basic information like what he's charged with and the next court date. All the best

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  • I recieved my 2nd cicvil demand letter i have not contacted kohls at all to pay but im worried about criminal charges

    when i was caught i was very cooperative they never contacted police let me go sighned something cant go back recieved 2nd demand letter do you think criminal charges are going to occur

    Vijay’s Answer

    Ignore the civil demand letters, don't pay. Since police were not summoned, you dodged a bullet in the form of a criminal prosecution. All the best

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  • Can a bigamist spouse still be prosecuted for bigamy if the bigamous second marriage had already been annulled?

    Recently, a family law court found that the second marriage is bigamous and granted an annulment. The bigamist spouse is obviously no longer married to two spouses right now because the second marriage was recently annulled. But there was a poin...

    Vijay’s Answer

    It is beyond unlikely that an Alameda County DA would charge a criminal bigamy case. Bigamy, as a crime, is a throwback to a long gone era before no-fault divorce, pre-marital sex, and same sex marriage. Bigamy does appear to be a wobbler so the statute of limitations is 3 years, meaning that if the 2nd marriage occurred more than 3 years ago, the time for a prosecution (however unlikely) is now impossible. All the best

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  • If you are on informal probation for a reckless driving charge, will it show up on a background check for employment?

    I have completed 1 of 2 years of probation and am looking for a new job.

    Vijay’s Answer

    If you're on probation, this indicates you were convicted of a misdemeanor which means that the conviction will show up on your background check. If the matter was an infraction, it will show up on a background check but employers do not ordinarily take negative action on infractions (but they are not legally prevented from doing so). Your best bet is to pursue a 1203.4 motion to dismiss which will prevent the employer from taking any negative action against you for the conviction. If you're still on probation, another motion can be done at the same time to terminate probation early. All the best.

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