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Vijay Dinakar
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Vijay Dinakar’s Answers

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  • Have you been arrested,cited,charged,indicted,fined,or imprisoned for breaking or violating any law or ordinance ?

    I was arrested for DUI in California in 2011, but there was not prosecution. Should I answer yes or no to that question ?

    Vijay’s Answer

    You must answer yes. This sounds like an immigration question. Answering falsely on an immigration application may create a basis for denial even in a case, as here, where revealing the fact in question (an arrest not leading to a conviction) would have no effect on your immigration application. Answer truthfully, you were arrested.

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  • I am severley disabled and cant afford my ticket

    I have no criminal history and I am a new driver. I recently got a ticket for driving my car in the carpool lane, I've only had my license for about 4-5 months and I thought prius can be driven in the carpool lane. Anyway I got a ticket on the bay...

    Vijay’s Answer

    You need the appropriate sticker for a qualifying car in order to be able to drive in the carpool lane. Not all Prius' qualify, some do. Perhaps your car does qualify, entitling you to drive in the carpool lane. If true, you should get the appropriate sticker and then go to court and ask the court for a reduction in the fine. The fact that your car qualified, doesn't mean the ticket retroactively goes away but it does mean that had you been diligent, you would've been able to drive in the carpool lane, perhaps the judge will chop some $ off the fine if you act contrite and non-entitled but perhaps not. If your car isn't allowed to drive in carpool, your only option is to go court and ask for a fine reduction or to convert fine to community service. There is also the possibility of getting a monthly payment plan to make payment more doable. All the best.

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  • I purchased greater than 9 grams of sudafed in a 30 day period. Will they come to my house and arrest me or investigate me?

    I purchase sudafed regularly every month. I have done this for 3 years. I do not manufacture methamphetamine. I do not have any methamphetamine related charges. I just like to take the sudafed to help me study. 3 days ago, I went over the legal li...

    Vijay’s Answer

    I don't doubt that you use sudafed as a (legal) study aid given that sudafed contains pseudoephedrine which is a stimulant of the
    phenethylamine and amphetamine classes. However you should not doubt that you live under a regime that is a global outlier in its zealous prosecution of the insane war on drugs and any chance it gets to arrrest, incarcerate, and or deny you any real prospect of employment it will do so. If you are a minority and or poor you are more likely to be searched, arrested and end up a victim of the drug war. While I would assume all stimulants pose some health risks, there are many politically correct substances which will not subject you to legal risk, some require no prescription (coffee and nicotine) while others require a Dr. prescription often on triplicate form with no refill possible (methylphenidate, dextroamphetamine, amphetamine salts, ect.). Avoid the politically incorrect substances and obey all laws related to prescription and legal purchase limits for prescription and over the counter drugs if you want to avoid the drug warriors. If you're ever contacted by cops for any reason, don't say anything except that you want a lawyer. Nobody knows if cops are investigating you or whether you will ever be contacted by them. All the best.

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  • Can my boyfriend kick me out of his house, by calling cops?

    I have been living with my boyfriend for a couple of months, he wants me out ASAP, and he is constantly fighting with me , and threatening me that he will call the cops on me. Can he do that? What are the cops going to do, if he ever calls the c...

    Vijay’s Answer

    • Selected as best answer

    This seems like a disaster waiting to happen. Once anyone calls the cops and reports domestic violence - here either you or your boyfriend - all bets are off regarding who the cops will arrest. Often, but not always, the party which calls first tends to get a more receptive ear from the cops and the other party gets arrested. However, this pattern is by no means always consistent. If, after the cops arrive, both parties claim to be victims of domestic violence most police department's official protocol is to determine which party is the "primary aggressor" in the and arrest that party. Often this means if one party has any physical evidence of being battered (scratches, bruises, strangulation marks, ect) the other party will be deemed the primary aggressor and arrested. Following arrest, the police report will generally read one-sided and point the arrested party in a negative violent light and the non-arrested party as a non-violent victim. When the DA receives the police, he/she will treat the report as gospel unless there is overwhelmingly demonstrable evidence to the contrary. This process is unpredictable and riddled with unfairness. Avoid this process at all costs. If you are not an owner or renter of the premises, then you have no legal right to occupy the premises if your boyfriend says to leave if he's an owner or renter. Leave at once. There are attorneys who can help you contact cops to help you conduct an officer accompanied walk through of the premises to retrieve personal property if it's not practical to do that yourself. If you have no children with this individual and share no assets, you should cut all ties and avoid the legal system as much as practical. All the best

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  • What charge is this WI 10980(c)(2) in San Mateo County

    Why do you have to be booked prior to your court appearance

    Vijay’s Answer

    If you were cited in person to attend court and be booked for a misdemeanor, you must attend court. However, you don't have to book before the court appearance because it is possible (though unlikely) that, "...both parties stipulate that booking or fingerprinting is not necessary" (Cal. Pen. Code 853.6) in which case you won't have to book [which creates a permanent arrest record]. If I've misread the question and you've already gone to court and been ordered by the judge to book, you must do so promptly but I assume you were cited to book on a misdemeanor.

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  • Blood were taken first time and second time I refused it for my second dui which way I should fight my case?

    I been charged for second dui and first sample were taken and I refuse to take the second sample. First sample came with .22 and charge with that. Should I fight that or what will be my options? They are charging me with my first sample.

    Vijay’s Answer

    You should certainly fight any criminal accusation, including this DUI. While .22 is a high blood alcohol test result, this does not mean the test is accurate or legally admissible, You should hire an attorney to fight this case. All the best

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  • I was arrested with a .17 bac in Sacramento. What will the typical penalties be? How much time will I be spending in jail?

    I live in a different city, can I ask for a transfer? I hold an out of state license, what are the repercussions for this?

    Vijay’s Answer

    Your case wont be transferred because you don't live in that city. Hire an attorney that regularly practices in the county that this alleged incident occurred. Nobody can list all the possible repercussions of a DUI. If the case is dismissed (or not filed) there will be no criminal consequences, if it's reduced to a 'dry reckless' or wet reckless the consequences will be less severe than an ordinary first time DUI, and if you hit property or a person and fled (hit and run) and allegedly drank the consequences will be much more severe. DMV is a separate matter. Consult a local attorney and reversal all details so he/she can immediately begin representing you. All the best

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  • When you end something with someone then they accuse you of rape what should I do

    I was dating a girl who I later found out is schizophrenic and had a boyfriend I told her boyfriend what happened she then accused me of taking advantage of her what should I do she is taking every measure to ruin my life

    Vijay’s Answer

    As other attorneys have pointed out, you should not say anything to anyone about this case, except a criminal attorney who you should consult immediately. There's a possibility you will be called by this girl on a pretext call which is recorded by the police which seeks to incriminate you. Don't talk to this crazy girl, her boyfriend, her friends, her associates, ect and obviously don't talk to the police. Even if you've not been contacted by the police yet and don't know if she's contacted the police, you should hire an attorney immediately to begin investigating this case and to be ready if charges are filed. All the best.

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  • Arrest 647 F PC

    I have a hearing on June 16, 2015 this month. I cannot hire a lawyer as I work and study; I would appreciate if you could kindly volunteer or refer a Volunteer/ Pro Bono Lawyer. Looking forward for the simple act of kindness and gestures will no...

    Vijay’s Answer

    If you're charged with a misdemeanor and qualify economically, you are entitled to (essentially free) appointed counsel. Likely that counsel will come in the form of a public defender at the Alameda County Public Defender's Office. Public defenders are not volunteer attorneys, they get paid by the government to represent indigents accused of committing crimes. While their ethical and fiduciary duty lies with you the client, you don't pay them and thus many criminally accused persons assume (usually wrongly) that
    "he who pays the piper calls the tune". In reality, public defenders are well trained and experienced attorneys and if you can't afford an attorney, they are your only option. All the best.

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  • Do I need to hire a lawyer?

    I accidentally hit a car and didn't leave a note. Now they're saying they have evidence but won't show what the evidence is. What should I do?

    Vijay’s Answer

    You should hire an attorney asap to handle this criminal matter. When you say, "they're saying they have evidence..." who are you referring to: cops, the owner of the damaged car, a witness? Hit and run is a serious matter and should be dealt accordingly. An attorney may be able to quickly accomplish a civil compromise and then convince the DA not to file any case. Under no circumstances should you say anything to anyone except an attorney about this; that includes cops and the DA. All the best

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