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Vijay Dinakar
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Vijay Dinakar’s Answers

2,175 total


  • Factual Innocence/Bar Application

    When applying for the bar (or other professional license) is it necessary to disclose an arrest that was later sealed and destroyed, via 851.8? Both the FBI and CA DOJ now indicate "no criminal record found" when a fingerprint search is performed....

    Vijay’s Answer

    I'm glad Ms McCall chimed in with an accurate answer. Hire her and carefully obey her advice. All the best

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  • Can Juvenile Court summons be nullified or avoided through another proccess?

    My son was recently caught shoplifting at a store. He went multiple times on the same day and he admitted to it as well. He claimed it was under peer pressure, but that wouldnt serve him any good. He took a little over 280 dollars worth of merchan...

    Vijay’s Answer

    You claim to "have hire an attorney and (are) awaiting his recommended plan of action." To the contrary, you've apparently hired an attorney and are doubting his competency before he's even provided a plan or had one court hearing. Nobody here can possibly know more about your sons case than the attorney you selected and hired. I do find it odd that your attorney has not revealed his "plan of action" after being hired. Generally I reveal my plan of action at the first meeting with a potential client. Obviously that plan is quite tentative and speculative - much will depend on available government evidence, subsequent defense investigation, and other factors - but generally you should have some idea about the range of possible outcomes that likely confront your son. It might be possible for your attorney to convince the DA not to file a case against your son but that may have already been attempted. Once the case goes to court, someone in sons position is likely looking at some kind of informal probation which could include community service and fine payment. Counties differ in how they handle first time juvenile petty theft cases but generally it results in no juvenile record and community service. Again, all someone here can do is speculate without the faintest notion about what the actual facts are. For a real answer, ask the attorney you paid. All the best

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  • Falsely alleged domestic violence temporary order is it possible to prevent name from being entered into CLETS?

    Ex filed domestic violence restrain orde which I was falsely alleged.permanent hearing is still one month due. Is there anyway to prevent my name from being entered into CLETS?

    Vijay’s Answer

    The restraining order at issue is a civil matter. I'm not aware of any way to erase or destroy this record and, as no arrest or criminal filing is present, a 851.8 factual innocence petition is inapplicable. False domestic violence allegations are made all the time whether to obtain a temporary restraining order or to effectuate an arrest of an innocent person. You should not take this matter lightly, you need aggressive counsel to represent you. Also be very concerned that the individual who obtained the TRO will make a false complaint to law enforcement. Don't make any contact directly by any means or through a third with this lunatic and hire a lawyer immediately. All the best

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  • “What kind of motion will allow a rape victim relief from inability to fulfill informal probation terms?”

    Victim was on informal probation for misdemeanor DUI, shortly after was brutally raped and assaulted sustaining substantial injuries requiring surgery. She has lost her job because of the assault, and is currently homeless. What can be filed on ...

    Vijay’s Answer

    Anyone can request that the terms of their probation be modified. The individual should try to get an attorney to help although it appears she's now indigent in which case the public defender is likely her only option. Depending on the office, many public defenders will not provide representation unless an individual is facing a criminal allegation, has a warrant, or is facing a parole or probation violation. It's unclear if she's currently facing a probation violation but in any event she should contact her attorney that handled her DUI. There's a couple issues with the rape allegation. It's inclear if a formal arrest/charge has been made against the alleged perpetrator of the rape but your question seems to suggest that no arrest has been made. At least at this this point then the police have not been convinced that she was raped (that's certainly subject to change). If the case is charged, id assume she stands a better a chance of receiving leniency from the court in obtaining a reasonable modification of her probation terms. However I don't think she will be able to obtain extraordinary relief simply because she's a crime victim but ultimately any decision about that would be up to a judge. All the best

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  • Hi. There are 2 lawyers that work in the same office.

    They are long time friends. Is that legal if one of the lawyers represent the other daughter's lawyer in a criminal matter? Is that an conflict of interest? Can I argue with that?

    Vijay’s Answer

    There's no conflict from the facts described. You're free to "argue" anything you please but unless there is a conflict, the attorney and client will be permitted to proceed with. It's unclear who you are and where and with whom you contemplate "arguing" with over this issue.

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  • 10 months and no charges filled for shoplifting

    I know I was not charged since I got pulled over 8 mouths after being cited by police for shoplifting and was written up a ticket and got a courtesy letter from the court on that ticket a mount later. So is it pssoible my case was rejected?

    Vijay’s Answer

    Assuming no case was filed, it's unlikely it will be filed in the next 2 months. If no case is filed 1 year from date of incident, you can consider yourself lucky. However I would verify that no case was filed and you don't have a warrant (the fact that you were not arrested when pulled over for a traffic matter is not definitive proof that there's not a warrant floating out there).

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  • Is it legal to put a tracking device? Can I get restraining order or penalty?

    We are getting divorce that we both agreed without lawyers. No house no kids married 4 years. But now I noticed and figured it out that my husband put a tracking device in my car for 3 month because he thinks I am cheating. I am not. He should be ...

    Vijay’s Answer

    • Selected as best answer

    Per Cal. Penal Code 637.7 it is illegal to electronically track someone. He may also be civilly liable for invasion of privacy. Consult an attorney if you have money or simply go to the cops. Certainly a decent mechanic can determine if there is a tracking device but an attorney can help preserve evidence that can be supplied to law enforcement. Law enforcement may or not be very proactive in investigating this and regard it as a civil dispute unless there is evidence of battery or stalking. Also your attorney can help you get a restraining order from this lunatic

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  • What kind of attorney do I need to hire if nude photographs were taken of me.

    Photos were taken of me when I was incoherent or passed out. I never consented to being photographed. This happened after a night of drinking. Pictures were revealed after 10 yrs. I had no knowledge they existed. Please help. I need to kno...

    Vijay’s Answer

    There's a couple very separate issues here. First you raise a criminal issue when you state that you "believe you were sexually molested or raped" about 10 years ago. Reading between the lines, you seem to suggest you came to believe you were molested or raped following the revelation of nude photos of you apparently while intoxicated which were taken around the same time you now believe you were molested or raped. You apparently don't remember being raped but conclude that you must've been raped given the existence of nude photos, the fact that you were intoxicated, and the fact that you do not remember consenting to sex with the photographer (Please excuse me if I've totally misconstrued this fact pattern.) If you were raped, the applicable criminal statute of limitations in California will depend on your age at the time of the incident as well as other issues. If you believe you were raped, you definitely contact the District Attorneys office. A civil attorney maybe able to give you a better answer about the statute of limitations to bring a case for invasion of privacy but 10 years sounds very long, the photographers argument will be that you consented. Consult a local attorney. All the best

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  • Went Pro Per, Public Defender won't give me my file, actually gave it to District Attorney.

    Plead guilty to felony fraud after three year fight. Was assigned five different public defenders during the case. Met the one that represented me in preliminary the day before hearing. Paid a large sum of money and plead guilty just to get things...

    Vijay’s Answer

    Going pro per never makes sense in my view so I recommend you hire an attorney. The fact that you are pro per does not allow you greater access to any discovery in your case. You can't be provided with non redacted material but can be provided with redacted material whether you obtain while you're pro per or through your attorney while being represented. I understand you had a bad experience with the public defenders office but not all attorneys are alike. All the best

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  • Domestic violence caused divorce

    My husband and I have been together 3 years. About One month later he became abusive. Not just him but his parents have been emotionally and verbally abusive towards me and against him if he sided with me. Still after two years, the house car and ...

    Vijay’s Answer

    The last line of your query suggests that your husband maybe guilty of dissuading a witness (pc 136.1): "he's now threatening me so I'll retract my police statement". This is a serious offense beyond the domestic violation allegation he's apparently currently facing. If you're so inclined, you can report this subsequent incident of intimidation to law enforcement which will mean your husband may face a more serious criminal allegation. It's clear you're suffering and have been for some time. You apparently live like a virtual prisoner and are denied basic essentials like food, money, education, ect. However, you don't state what you want to do. If your initial answer is that you want your husband to suddenly love and respect you, you certainly need to seek professional psychological help as this is not a realistic possibility. If the facts are as you describe them, your husband and his parents are very dangerous people to be avoided like the plague. There are many good women's shelters that can help you. Also it would be helpful if you could obtain your own attorney who can really determine what your goals are and help you pursue them although apparently money maybe an issue given that your husband controls access to funds. Regardless, get out of this situation and cease deluding yourself into believing that your husband and his family will magically change, they won't. You have to change. Best of luck.

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