Gilberto Benito Vega’s Answers

You should look for a civil rights or personal injury attorney who specializes in filing law suits against government entities. Suing the government is more complex than suing the average private citizen. Make sure that you specify this to the attorney(s) you contact. Good luck.

If your friend is an experienced lawyer, he should be telling you to contact a defense attorney as soon as possible to help mitigate any potential violations of your informal probation. No, you should not speak to the DA in this matter. The DA is not your lawyer and they will only use whatever you tell them to maximize your punishment, not minimize it. As for an offer, technically, the DA does not make "offers" in a probation violation case. They can recommend an appreciate punishment to...

Unfortunately there is no right to an attorney in traffic matters, so you would have to retain an attorney at your own cost. However, you are on the right track by preparing a game plan if the officer shows up. Generally a good strategy if the officer shows up is to announce your name to the line of waiting officers, see which one has your case and politely ask to speak to them. Most offi era are understanding and are willing to discuss the matter. While you are speaking to then, DO NOT...

Your question requires some nuance to answer. 1) you never are obligated to carry identification on you in California unless you are in a secure locus, such as an airport, secured facility or other sensitive location. While you are the random Joe Blow on the street, you can walk around with no ID on you. 2)HOWEVER, once the police have a reason to stop a person the can demand identification and legally hold someone for a reasonable amount of time to determine their identification. As...

A preliminary hearing is an evidentiary hearing in which the prosecution must provide to a court enough evidence to establish probable cause that a crime occurred and that the defendant is the perpetrator. The hearing is not entended to establish guilt and it's rest cannot be brought up by the prosecution during the guilt phase (jury trial). At the PX, the court will either hold the defendant to answer for the crime, reduce the matter from a felony to a misdemeanor or dismiss the case...

If you are convicted of the Felonies then you may be able to reduce them to Misdos with a PC 17(b) motion. However, it is very Iikely that you would be placed in a Prop. 36 program if this is your first offense. This is a treatment program in which a criminal sentence and conviction is avoided. Contact an attorney for more details about your case. Good luck.

First off, it doesn't make sense to post a question to a we site for lawyers and not want a "lawyerly" answer. That being said, Your definition of make out is completely lacking. Without any sexual inter course, penetration or oral copulation, it is not illegal for a thirty year old to kiss a minor. BUT, there is a crime in California call "harassing a minor" which can be used to punish the exact type of fact pattern to which you are referring. This is a relatively broad criminal statute...

Your friend needs to contact a criminal defense attorney immediately. This is a very serious offense and he has to start working with an attorney to develop his defense as soon as possible. I work in the Sacramento Courts and would be happy to give your friend a free consultation.

While I don't have the exact language of the plea deal in front of me, I can say that many plea deals have language to the effect that the defendant waives any right to appeal from the conviction. Now, this would not prevent an appeal on an ancillary issue such as pre trial detention or miscalculation of credits or ineffective assistence of counsel. However, generally after a plea deal is entered into, the defendant waives much of their appellate rights.

From what you have written, it appears that your adult son (over 18, but under 21) was caught in possession of alcohol. In that case, he is facing a misdemeanor with the potential imprisonment of 6 months. He most likely would not get that amount of time if convicted, but could have his driving privileges affected until he is 21 (or longer). You need to contact an attorney now about this matter. Blaming the school, while proper and legitimate, does not offer your son any harbor against...