Vijay Dinakar’s Answers

Vijay Dinakar

San Jose Criminal Defense Attorney.

Contributor Level 17
  1. Should I contact someone's probation officer if I see them driving drunk?

    Answered over 1 year 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

  2. 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 over 1 year 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

  3. I want to know how many charges I can file against a girl who followed me home and hit me?

    Answered over 1 year ago.

    1. Vijay Dinakar
    2. Andrew Stephen Roberts
    3. Michael Kevin Cernyar
    4. Joseph Briscoe Dane
    4 lawyer answers

    Call the police if you're so inclined. We represent individuals against criminal prosecution, sounds like you want the girl to be prosecuted (in juvenile court). Since you're a minor, it's odd that you haven't consulted your parents on what to do, perhaps they've given contrary advice than your therapist. Anyone can report a crime, go to the police station if you think it'll help you get over your PTSD. Good luck.

    10 lawyers agreed with this answer

  4. If a video and witness testify A killed B, but A was not caught by anybody at the action, then police arrested somebody looks A

    Answered almost 2 years ago.

    1. Michael Kevin Cernyar
    2. Vijay Dinakar
    3. Anthony Michael Solis
    4. Christine C McCall
    5. Dan Eugene Chambers
    6. ···
    8 lawyer answers

    You (or "A") need to hire a criminal attorney asap. The attorney will make all strategic decisions in consultation and with the assistance of the client. The client will decide what plea to enter, whether he will exercise his right to trial, and whether to take the stand at trial (all with advise and counsel from his attorney). The attorney will retain investigator(s) to locate and interview witnesses, retain expert(s) to provide jury with testimony about subject that is normally outside...

    10 lawyers agreed with this answer

  5. Plea deal

    Answered almost 2 years ago.

    1. Jasen Bodie Nielsen
    2. Vijay Dinakar
    3. Andrew Stephen Roberts
    4. Anthony David Scott
    5. Jonathan Scott Franklin
    5 lawyer answers

    Yea, ask your attorney. If you don't have an attorney hire one asap

    10 lawyers agreed with this answer

  6. I gave a friend $3000 to buy oxycontin, and she just pocketed it. I know exactly who and where she is. Can I go to police?

    Answered almost 2 years ago.

    1. Vijay Dinakar
    2. John M. Kaman
    3. Judy A. Goldstein
    4. Michael Kevin Cernyar
    5. Joseph Salvatore Farina
    5 lawyer answers

    You need a doctor that can help you with your addiction. You would be beyond foolish to report this to the police. You are thinking of admitting that you committed a felony? Such are the perils of the black market drug trade, sometimes inexperienced buyers get stiffed. Lesson learned: know your dealer or stop buying on the black market. I recommend you get treatment from a physician who can legally prescribe your pain medications or perhaps you can attempt to stop your medication with the...

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  7. I think I'm being falsely accused of a hit-and-run. I don't have many details. What should I do?

    Answered 12 months ago.

    1. Vijay Dinakar
    2. Jorge Ledezma Flores
    3. Maryam Parman
    4. Jerome A. Konkel
    5. Richard Glenn Elie
    6. ···
    7 lawyer answers

    Do not under any circumstances talk to law enforcement. Do not talk to anyone about this incident - friends, enemies, relatives, colleagues - except a criminal attorney in private. You should be able to hire an attorney to represent you on a "pre-filing" basis where the attorney attempts to convince the police and DA not to bring charges against you. Keep calling attorneys to find a reasonable rate as you will not receive free representation from the public defender unless and until you are...

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    1 person marked this answer as helpful

  8. My uncle accidentally hit a pedestrian that cause her death . the investigtor/ police told us to wait for 6 to 9 months

    Answered over 1 year ago.

    1. Wendy Marie Schenk
    2. Robert Bruce Kopelson
    3. Joseph Briscoe Dane
    4. Kevin H. Pate
    5. Vijay Dinakar
    6. ···
    8 lawyer answers

    Your uncle should not listen to the police and should consult a criminal attorney immediately. Your uncle should not make any statements to anyone about this incident including his insurance, other party's insurance, police, strangers, enemies, colleagues, friends, or family. Your lawyer needs to hire a criminal attorney who can attempt to investigate this matter and present your uncle's side of the matter to the DA before the DA decides to file charges. In other words, it is definitely not a...

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    1 person marked this answer as helpful

  9. If I have a court date for petty theft in October, 2013 (was not arrested) will it show on a background check?

    Answered over 1 year ago.

    1. Vijay Dinakar
    2. Robert Laurens Driessen
    3. Dean George Tsourakis
    3 lawyer answers

    If you were not arrested, there will be no arrest record and of course there will be no conviction record. Hopefully you have an attorney handling your theft case. An attorney can attempt to convince the DA not to file the case.

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  10. In demestic voilence case if the accuser doesn't show up for court does the defendant still get charged

    Answered 10 months ago.

    1. Michael S Parent
    2. Vijay Dinakar
    3. Jay Scott Finnecy
    4. Julia E. Simmons
    5. Joseph Arthur Tang
    6. ···
    6 lawyer answers

    No, it's certainly not so straightforward. First you don't mention if she was subpoenaed for a preliminary hearing in a felony case. If this is the case, her testimony is not essential and the officer who took her statements can simply repeat them as hearsay at the hearing. Lets assume she was subpoenaed for trial and didn't show up. In that case, the case wouldn't automatically be dismissed for a couple reasons. First of all her testimony may not be essential to proving the case in which...

    9 lawyers agreed with this answer

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