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Gilberto Benito Vega

Gilberto Vega’s Answers

432 total


  • What can I do after my petition of dismissal for disorderly conduct has been denied?

    I submitted a petition for dismissal for Section 647 (b) and got denied. I was convicted in 2009 and have completed my terms of probation and paid all fees. Near the signature line of the petition there were notes written "current address not up...

    Gilberto’s Answer

    Generally, a court will not grant this post-conviction remedy with current cases pending in the state. The short answer is yes, you do need to take care of these outstanding court matters before any California court will grant your petition. Contact a local attorney for a more detailed analysis of your case. Good luck.

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  • How would I go about suing our local police department .I know many times our civil rights have been violated as well as

    misconduct of the law and many other things I have been dealing with this for the last 3yrs if not longer behind all the stress I was hospitalize I lost a lot of money including my home me and my three girls have been living a nightmare, I have wr...

    Gilberto’s Answer

    It sounds like you are looking to sue the police department for violation of civil rights. This is a generally covered by a federal 18 USC 1983 lawsuit. There may also be state remedies under Ohio law. I am not a licensed attorney in Ohio. You should try and contact the local ACLU law office or any civil rights attorney in your area. Good luck.

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  • Can I apply for the Border Patrol after having my domestic violence case dismissed?

    In 2003, I was arrested for domestic violence in Colorado. After completing my 30 plus DV classes, the case was dismissed. I have since moved to California and have purchased a gun after passing a 10 day mandatory NICS background check. So now tha...

    Gilberto’s Answer

    Generally a federal law enforcement position will be unavailable to any violent offense. This includes domestic violence. However, the age of the offense, coupled with the fact that you had your 2nd Amendment rights reinstated, could allow you the position. The ultimate decision will be made by the agency to which you are applying. The best answer you can get on this site is a maybe. I wish you luck in your pursuit. It may behoove you to contact the agency directly and inquire as to whether or not you are precluded due to the past offense. The worst they can say is yes. Good luck.

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  • Is that illegal telling people that me wife is suffering from schizophrenia and that's the reason why she left me ???

    All my friend and family ask me why my wife left me, some if her family called me every single day and tell my how could I do that ? Is that illegal telling people that me wife is suffering from schizophrenia and that's the reason why she left ...

    Gilberto’s Answer

    This is more of a civil law question. There is no criminal statute of which you may run afoul, but you could face a slander lawsuit if you are stating a fact about someone you knew, or should have known, was false. If your ex-wife does not suffer from that disorder the best action you should take is to stop stating that as the reason.

    However, even if it is the reason, and it is true, you could also face a potential civil lawsuit for revealing private information. The best solution is to stop giving a reason and simply state you wanted to leave. Good luck.

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  • How can my friend uplift a restraining order that prohibits her friend from contacting her?

    My friends protective parents managed to implement a restraining order against her friend. Because she is a minor she had no say in the restraining order. when she turns 18, is there anything she can do that will allow her to contact said friend a...

    Gilberto’s Answer

    It sounds like the protectee of the restraining order wishes to have the restraining order modified or recinded. You are correct in assuming that a minor-protectee would have to wait until the age of maturity (which is 18) before acting. Once she hits 18, she can go before the issuing judge and request that the order be modified to allow contact. This is a relatively straight forward process. The chances of success, however, depend greatly upon the behavior which lead to the restraining order and the current criminal status of the subject of the restraining order. Good luck.

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  • Which one is better sheriff's work project or home arrest with monitor and how much does each cost

    my son is charged with dui and evade police officer

    Gilberto’s Answer

    Best is a relative term. It is relative depending on what you need. Sheriff work project will allow you to carry on with your everyday life and only show up for work project takes which tend to be only about 8 hours per day. The nice part of these shifts is that each 8 hour effectively could for 48 hours of custody (8 hours = 24 hours of custody with half time, each day also counts for an additional day.)

    Home supervision tends to require a limitation on your freedom. Depending on the program, you may be limited on when you leave your house. In terms of cost, that would depend entirely upon the county. Check with your lawyer about the specific costs. Good luck.

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  • If I get pulled over and the police ask if they can search my car can I say no?

    When I comply they always make a mess and last time they broke my door handle and didnt find anything. I live in California. thank you for your time.

    Gilberto’s Answer

    You can always refuse a search. This is a basic right allowed under the Fourth Amendment.

    However, if the police have probable cause to search your vehicle, they can do so whether you are in agreement or not. Probable cause can come in many, many forms. If the police smell Marijuana or other illegal narcotics any court will find this as probable cause. While this is the most common claim by police, there are many others. Each circumstance has to be analyzed individually. Good luck.

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  • Bailed someone out. Then I had to get a restraining order on them

    They got physical w me. I had to call police. I agreed to press charges but he can't be found. Got a restraing order. If he us found and arrested how will this affect the money and house I out up for bail?

    Gilberto’s Answer

    The answer to that question depends entirely upon the manner in which he is found. If he commits additional crimes while out on bail, the court can order the bonds forfeited. You have unfortunately found yourself in a position where you put money as a promise to the court concerning somebody who does not seem to be completely stable. If you happen to have additional contact with this person the best thing you can do for both of them and yourself financially is convinced him to turn himself in peacefully. Good luck.

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  • If I plead guilty to vandalism would that be considered domestic violence charge?Would I have to do probation, what kind?

    I was arrested for domestic violence battery and criminal threats in California. My husband got a restraining order since last March. The DA is offering to charge me for vandalism only, I will not have to take 52 weeks of classes. I wonder if th...

    Gilberto’s Answer

    Because of where you are in the prosecution it's clear you already have a court appointed attorney. These are questions you should be asking them. It depends entirely upon the specific Penal Code section being offered. Most vandalism charges are not related to domestic violence charges. But again, you need to ask your court appointed attorney if this specific Penal Code will affect you in the ways you fear. Good luck.

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  • An 18 year old dating a 15 year old. Is it okay?

    Okay so my boyfriend and I have been together for a whole and I'm turning 15 in August and he is turning 18 in December. But his parents are concerned that if we were to ever break up that we would say that him and I had sex, but that wouldn't be ...

    Gilberto’s Answer

    The answer to this question depends entirely upon actions and not feelings. The Penal Code of California does not prohibit feeling love for someone. But there are very serious ramifications for engaging in any type of sexual behavior for your 18-year-old boyfriend.

    Since you are asking this question, as the 15-year-old and minor in the situation, you are really not at risk for being prosecuted for having sex with a minor. However, if I were your boyfriend's attorney, I would say to him to end the relationship immediately for precisely the danger his parents have voiced.

    No attorney will give you advice as to whom you should be in love with or not. But your boyfriend is running a very dangerous risk by being romantically associated with somebody so far under the age of consent.

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