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Vijay Dinakar
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Vijay Dinakar’s Answers

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  • I was wrongly convicted of California Penal Code Section 243(e)(1). This is my first offense. I'm wondering how concerned I need

    to be about the charges I'm facing?

    Vijay’s Answer

    This is a domestic violence offense that is taken very seriously by the Santa Clara District Attorney. You should hire an attorney to aggressively fight this case.

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  • Can my friend press charges on the worker for assault? What can my friend expect concerning his own arrest?

    Last September a friend was at an Oriental store to buy a snack with his girlfriend and cousin. A worker suspected he was shoplifting and choked my friend outside of the store in front of his girlfriend and cousin even though he was didn't do an...

    Vijay’s Answer

    Your friend should not communicate with police about this incident under any circumstances, that would include filing a police report. The time to call the police would have been when your friend was choked by the store worker after doing nothing wrong. The conduct following the choking that you describe - your friend returning with some friends and "retaliated" - is quite possibly illegal. Certainly one is able to use legal self defense when one imminently faces a battery but leaving after being battered and then returning with friends to retaliate is unlikely going to fit within the definition of self definition. Obviously nobody on the internet knows what happened or what can be proven with reliable evidence but what is known is that your friend should not talk about this incident to anyone - friends, enemies, family, colleagues, or cops - except a criminal attorney in private. Your friend needs criminal counsel immediately. All the best.

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  • Sealing arrest record

    I am on H1 visa in California and I-140 approved. 3 years ago I was arrested under 273d(a) in CA. I was released on supervised OR. No case filed in court. I got NO COMPLAINT NOTICE twice and second one had no date to appear. I want to change...

    Vijay’s Answer

    You face two obstacles: the 2 year statute of limitations for filing an 851.8 motion and the very high burden that you'd face of establishing your innocence. The best route to winning an 851.8 motion is to get an attorney to convince the DA that you are actually innocent (before filing a motion) so that the DA will support the motion when the motion is filed. If this can't be accomplished, your attorney can still file a 851.8 motion and prepare for a contested hearing. There maybe special facts that might allow you to overcome the statute of limitations issue. Hire an attorney to look into this. All the best

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  • Can the DMV suspend my driver license?

    Three years ago, I moved to Las Vegas and won a little jackpot. Now California wants me to pay the tax on that jackpot. I only live in California for the first three month of the year and the rest in Las Vegas. I did file federal income tax but...

    Vijay’s Answer

    It's unclear why you think California wants you to pay. Did you receive notice from the California Franchise Board of unpaid taxes or are you being audited? If you were a Nevada resident and didn't live or work in California when you won that "little jackpot" in Nevada, perhaps you don't owe California state income taxes. Depending on the amount of demanded taxes in question, you should consult with an accountant to square this away or if it's a small amount, simply pay it to avoid further penalties and problems.

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  • Can Probation say no to my employment opportunity?

    Here is some background information -- I've been on probation for a PC 290 offense in Santa Clara County, and it has been tough looking for employment. Currently, one of the general conditions for probation is that every time I go out of the count...

    Vijay’s Answer

    If you can't hire an attorney, you can call the public defender's office to determine if they'll represent you on a probation modification but it's doubtful they will. The public defender's office will represent you (if you qualify financially) if a probation violation is alleged against but ordinarily will not represent you where you are not alleged to be in violation of probation (and therefore not facing jeopardy). You can also calendar this yourself for a probation modification but self represented persons are at an extreme disadvantage in obtaining positive results in a modification of probation hearing. If working in SF is important enough to you, you should borrow funds to hire an attorney to pursue this (assuming the public defender won't represent you at a probation modification hearing).

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  • How can the property taken in as evidence by the police be retrieved back by the property owner ?

    Police was called in for a domestic disturbance. Police collected personal property from the scene. Owner wants to retrieve the property. There is no criminal or civil case opened. There is a police report. Under which statute can the owner retrie...

    Vijay’s Answer

    Hire an attorney to take care of this. While there may not be any "open" criminal case in the sense that criminal charges have been filed by the district attorney, the district attorney may still be gathering evidence to make a decision whether to file the case. If the DA has already made an affirmative decision not to file, you should be able to get your property back but you simply requesting it back from the police may cause you to run into some bureaucratic interference, hiring an attorney should get the job done. The DA has 1 year to file a misdemeanor, and usually 3 years to file most felonies (sometimes longer depending on the felony). You should avoid interacting with the police or DAs Office at all costs, interact with an attorney only to protect yourself and retrieve your property. All the best.

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  • Need legal advice! Criminal defense in Richmond

    Hello, I was pulled over for DUI because the cop says I was swerving but I don't remember that happening. It was obvious he racially profiled me. I failed the SFT's and the cops violated my rights by arresting me before they got a blood sample. Th...

    Vijay’s Answer

    Since you cannot afford to pay a private attorney, you should request a public defender. Your public defender will know the applicable law and will have have the luxury of having read all the police reports and reviewed other relevant evidence, which is something nobody here has access to. Your other option is to represent yourself but this is almost certainly a terrible option since self representation in a criminal matter is akin to someone performing surgery on oneself. All the best

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  • I was forced to take a fst & failed but never arrested or cited...

    Now 5 yrs later in charged & heading for trial on a misdemeanor dui

    Vijay’s Answer

    Maybe you were not arrested or cited but the DA filed the case within a year of the incident otherwise this misdemeanor case would not be pending 5 years later. Were you breathalyzed or blood tested and what were the results? As others point out, your query lacks any real question but if you have one you should pose it to your current attorney. If you don't have an attorney you should hire one immediately.

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  • Are civil demand letters and court summons endorsed with a "do not forward" stamp in the front?

    Hi, so my shoplifting incident occurred about a week ago. the store told me that i would receive a civil demands letter in about 2 weeks. the police were not involved so i am not sure if and when i will receive a court summons letter. the address ...

    Vijay’s Answer

    I don't believe such letters have a no-forwarding notice on them. Regardless you don't have to pay a civil demand letter. You should consult a criminal attorney in the unlikely chance that loss prevention called police after you left store (I have seen it occur before).

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  • What hapens when someone gets pulled over for DUI and fails the breathalyzer test

    got pulled over driver ran from the scene and passenger was detained by law enforcement since the driver ran can the passenger be charged even though he wasn't driving

    Vijay’s Answer

    The government must be able to prove that someone accused of DUI was driving, being a drunk passenger in a car driven by a drunk driver is not a DUI (for the passenger). However the government can charge anyone with anything and cops can and do lie. If a cop pulls over a car and then the driver flees (whether this is seen by the cop or not), the cop can then pull the passenger out of car and treat him as if he drove and claim in his report (falsely) that he pulled over a car with only one person in it. At that point, the case would read like a standard DUI with no way for the passenger to prove that the car was actually driven by someone else (the now vanished actual driver). Now if there's a video showing the driver fleeing, that's an entirely different story, obviously there there's no way to pin a DUI on the passenger. But if either the cop didn't see the driver flee or the cop lies and claims there was only a single occupant in the car driving (the passenger), then the no-drive defense will be difficult to establish. Obviously this individual needs an attorney asap to fight any charges. All the best

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