Gilberto Benito Vega’s Answers

Gilberto Benito Vega

Sacramento Criminal Defense Attorney.

Contributor Level 13
  1. Hit by another driver, but not arrested for DUI -- will I be charged?

    Answered 10 months ago.

    1. Gilberto Benito Vega
    2. Andrew Stephen Roberts
    3. Wade Jonathan Skalsky
    4. Jonathan Burton Blecher
    5. Michael Dean Scheid
    6. ···
    6 lawyer answers

    While you we're undoubtedly the victim of a negligent driver in this case, that does not eliminate the possibility hat you could still be charged with driving under nth influence. The fact that the police released you without a formal arrest is a "good" sign, however, since they took your license, there still remains a possibility that the DA or the police department themselves could file charges against you. Another positive factor going in your favor is that there was no blood draw,...

    15 lawyers agreed with this answer

  2. What type of attorney do i need for a juvenile police brutality case??????

    Answered over 1 year ago.

    1. Gilberto Benito Vega
    2. Tai Christopher Bogan
    3. Samuel Eugene Spital
    4. Marc Lazarus
    5. William Peter Daley
    5 lawyer 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.

    14 lawyers agreed with this answer

  3. Blacked out drunk and got a DIP. How to use my friend as a witness to lower intent? Should we meet with the DA before arraign?

    Answered over 1 year ago.

    1. Gilberto Benito Vega
    2. Kevin Samuel Sullivan
    3. Daniel Nelson Deasy
    4. Charles K. Kenyon Jr.
    4 lawyer answers

    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...

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  4. Plead not guilty in traffic citation now what to say if officer shows up...

    Answered over 1 year ago.

    1. Gilberto Benito Vega
    2. Mohammad Ali Salimi
    3. Shawn Michael Haggerty
    4. Andrew Stephen Roberts
    5. Paul J. Denni Esq.
    5 lawyer answers

    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...

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  5. In California, am I legally required to carry ID or identify myself to police and other law enforcement officers?

    Answered over 1 year ago.

    1. Gilberto Benito Vega
    2. Amber H Lunsford
    3. Oscar Ernesto Toscano
    3 lawyer answers

    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...

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  6. What happens in a pre-preliminary hearing and a preliminary hearing?

    Answered over 1 year ago.

    1. Gilberto Benito Vega
    2. Maltaise E Cini
    3. Kiarash Feyzjou
    4. Matthew Clinton Smith
    4 lawyer answers

    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...

    10 lawyers agreed with this answer

  7. Can I reduce HS 11377 (A), HS 11379 (A) to misdemeanors? And eventually clear them from my record.

    Answered almost 2 years ago.

    1. Gilberto Benito Vega
    2. Joshua Kaizuka
    3. Elliot Rahmim Zarabi
    4. Ryan James Tegnelia
    5. Benjamin Alika Okin
    6. ···
    6 lawyer answers

    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.

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  8. Is it illegal for a 30 year old to "make out" with a 17 (almost 18) year old in California?

    Answered about 1 year ago.

    1. Brent Thomas Gleason
    2. Gilberto Benito Vega
    3. John M. Kaman
    3 lawyer answers

    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...

    8 lawyers agreed with this answer

  9. I want to know if you could still appeal a voluntary manslaughter case after taking a plea bargain?

    Answered about 1 year ago.

    1. John M. Kaman
    2. Gilberto Benito Vega
    3. Seth Andrew Weinstein
    4. Joseph Salvatore Farina
    4 lawyer answers

    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.

    8 lawyers agreed with this answer

  10. Slip and Fall injury and Ch 7 Bankruptcy

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. Gilberto Benito Vega
    3. Dorothy G Bunce
    4. Michael Shemtoub
    5. Malcolm Wallace Ruthven
    6. ···
    7 lawyer answers

    I agree with the previous poster. All I would add is that you should contact an attorney to handle this matter. Do not get cheap and try and do this matter per se. Especially since you have this potential asset which you may unwittingly lose. Good luck.

    8 lawyers agreed with this answer