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Vijay Dinakar
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Vijay Dinakar’s Answers

2,218 total


  • As the victim of domestic violence/false imprisonment charges, how do I stop the charges or clarify I wasn't kidnapped or hurt?

    I got into an argument that was loud and somewhat physical with my boyfriend, though no one was hurt. The police were called and I spoke to the officers who made me practically reenact the entire scene While my boyfriend was pulled over and arrest...

    Vijay’s Answer

    Contrary to popular belief, alleged victims don't have the power to "press charges", only government prosecutors have that power. It is a misdemeanor crime to cause a false report to be filed (Cal. Pen. Code 148.5). You never have to incriminate yourself and admit to have committed a crime while under oath per the 5th amendment unless offered immunity. Additionally, given that you are an alleged victim of domestic violence if you decide to refuse to testify in court you can't be jailed for contempt per Cal. Civ. Code Section 1219(b). Obviously your boyfriend needs an attorney asap to defend these charges but you should also hire a criminal attorney (who regularly represents alleged victims of domestic violence who are seeking to have cases against their boy/girlfriends or spouses dismissed). The prosecutor, court appointed victim rights advocate, and the court do not and can't represent you; only an attorney can do that. All the best.

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  • Should I hire a lawyer to go back in front of a judge for me?

    Hi. I git a dui in December and I got sentenced to 10days weekend work program. I've done 5days and I have 5days to go. I missed a day. I was 8min late and was told I needed to go back to court to talk to a judge. I contacted my lawyer and she...

    Vijay’s Answer

    $360 is not an unreasonable fee and most flat fee (pre-trial) criminal contracts do not cover post-conviction matters no matter how straightforward. Having said that, what you're seeking to do - obtain a re-referral for the sheriff's work program - is a very straightforward matter. Regardless, you should pay your former attorney the full fee given that she knows more details than another attorney who maybe a bit cheaper. Hopefully this happened recently and no warrant has issued, if there is a warrant, avoid law enforcement like the plague and pay your attorney asap. All the best.

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  • My son was forced to take a deal because his lawyer scared him into it. . His lawyer did not want to go to trial

    My son was a nanny and he interacted with kids all the time. He was falsely accused and arrested. We hired a lawyer who told us for over 2 years he never wanted to go to trial. My son wasn't given his Miranda Rights and there was no sex involved b...

    Vijay’s Answer

    The client/defendant has an absolute right to go to trial, the attorney doesn't make that decision. Since you mention the attorney was retained, perhaps your son wasn't able to pay the attorney for trial representation but if your son was indigent, he'd be entitled to appointed trial representation. Regardless, the notion that your son was "forced" to plead guilty because his "attorney didn't want to go trial" simply doesn't make sense. It sounds like the attorney strongly advised your son to agree to the plea agreement given his analysis of the weight of the evidence and your son's likely chance at trial but the attorney simply lacks the power to force the client to plea. It's possible he was "poorly represented" so his best bet to find another attorney to do what is possible at this late hour (perhaps nothing). All the best

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  • Got a cell phone violation for attempting to text according to the ticketing officer

    My name is Daniel. Got a cell phone violation on 11/12/2014 for attempting to text, according to the ticketing officer. Got an extension and the deadline to pay the ticket is on 05/04/2015. I have good driving record and haven’t gotten a ticket i...

    Vijay’s Answer

    Based on recent California appellate decision regarding using gps map technology while driving, the government must prove beyond a reasonable doubt that you were not using phone for map gps but were using it to call, text, surf net, ect while driving. Given that it's virtually impossible for an officer to see whether you were texting or looking at gps map, the government may not be able to meet that burden if you didn't admit to texting and driving. Many smart officers will now claim you admited texting to get around this issue. If you're interested in the law, have a look at this article: http://www.mercurynews.com/crime-courts/ci_25242685/california-court-oks-using-cellphone-map-while-driving

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  • If I don't pay my bail and the bail bond said they're going to sue me how much jail time am I looking at?

    The judge exonerated my bail and now I'm paying for classes and don't have any extra money.... what can I do?

    Vijay’s Answer

    Given that the criminal case is over, this is now an entirely civil issue. Yes, they can sue you in civil court but collecting is another matter. If you have no real estate, bank account, or wages they have nothing to lien, levy, or garnish. Eventually they may sell your debt to a collection agency who can annoy you and destroy your credit but one can't squeeze blood out of a turnip. If you have assets, you may wish to negotiate with the bondsmen and arrange a payment plan or even a reduction in the premium. Best of luck.

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  • How can I get a possession of a controlled substance for sales (1998) off my record for my MassageTherapy licensure?

    I just graduated from Massage therapist school and realized they did extensive background checks. I had my prints ran and my record looks terrible. Juvenile records have armed robbery and gta, I need these sealed! My first possession and Under the...

    Vijay’s Answer

    The other attorneys have provided excellent answers about what can be done about your juvenile and adult record (possibly nothing given the nature of the offenses). However, your criminal record does not necessarily mean you can't obtain a massage license. That is up to the state licensing board. You should hire an attorney that specializes in state licensing, I recommend Christine McCall who is active on avvo. One positive thing about your criminal record is that it is very old, perhaps with documented proof of having turned your life around, you may succeed in obtaining the license. Again, you should not try to do this alone, hire an attorney.

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  • My brother just got arrested. will he stay in jail?

    my brother was released from jail and was put on post release supervision. the court sent out a bench warrant and arrested him. charge is PC- 3455 (a) in california. he has priors and two strikes. all for non violent crimes. they searched the hous...

    Vijay’s Answer

    There's no way to answer this question based on the facts provided. Ask his lawyer who will have access to all the current and past facts regarding his situation. Best of luck

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  • Can I refuse to speak to DA at preliminary hearing?

    I'm victim of DV case - I never pressed charges but DA is still trying to convict. I was subpoenaed to appear at a preliminary hearing in a couple of weeks. What are my rights? I just want this all to go away, I don't wish to participate.

    Vijay’s Answer

    You are best advised to hire a criminal attorney. As Mr. Marshall points out, if you refuse to testify you can't be jailed for contempt given that you are an alleged victim of domestic violence. Neither the DA, a "domestic violence counselor", the judge, or the defendant's attorney represents you, only an attorney that you retain can do that for you. All the best.

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  • I have been certified nurse assistant for fifteen years.I have a petty theft charge.will I lose my profession.I was manic.

    I am bipolar with syz affective disorder.I have been hospitalized 5 times.I seem to have a break down every two years.my last episode,I went on a whirlwind in shop lifting.That was my worst decision.If I had been in a balanced state,I surely would...

    Vijay’s Answer

    Hopefully by now you've consulted Ms. McCall. Beyond your criminal and licensure issues, you must get a grip on your serious mental health condition which has apparently plagued you for 22 years, necessitating hospitalization every couple years. Certainly theft is crime of moral turpitude which raises problems for your license and job but leaving that aside, your unstable mental condition undoubtedly places vulnerable patients in a dangerous position. Perhaps you should seriously consider whether you want to continue to place patients at risk by continuing to practice in a such profession. It sounds like you are a conscientious and competent person when you are mentally stable (and presumably properly medicated) but when you are in an "unbalanced state" of mania or delusion, you maybe (unintentionally) posing a risk to the public by continuing to practice in your profession. Obviously Im not a Dr. and know nothing about your condition except what you've described in the above question but you should get proper treatment and counsel for your chronic and serious disability. All the best.

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