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Gilberto Benito Vega

Gilberto Vega’s Answers

429 total


  • Hit by another driver, but not arrested for DUI -- will I be charged?

    I was convicted of a DUI three years ago in California and recently filed to have my probation terminated early. While visiting family and friends in another part of California this past weekend, I was involved in a car accident. I was hit by anot...

    Gilberto’s Answer

    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, urine test or breath test with which they could present at trial to convict you. If they were desperate to convict you, the police officer himself could testify as to any objective signs of intoxication, as well as use the preliminary alcohol screening results against you, provided that the proper foundation is laid.

    As to whether the home county of your previous DUI will file aromatics violation, this seems unlikely. Without an underlying charge in this new matter, the evidence to establish a probation violation is weak at best. While not impossible, I would be very surprised if the DAs office in the original county for your previous conviction would pursue this.

    Contact a local Fresno DUI attorney to start preparing for the possibility of being charged. You most likely will not be, but better to be prepared. Good luck.

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  • Will I have to answer yes to deferred prosecution if I completed pretrial diversion? My PTD resulted in the case not being filed

    I never went to the police station to give fingerprints. I did some further research into this and I found out that upon completion of the diversion program my case actually was not filed. Santa Clara County adopted a new policy on petty theft div...

    Gilberto’s Answer

    I am not 100% certain about what you are exactly asking, but it appears that the deferred program you were offered will, if you complete the class successfully, result in the dismissal of case. The deferred entry of judgment program is actually just that, the people defer or delay the entry of the final judgment and allow you to complete the class. If you completed the program, the court will dismiss the matter and that is the judgment of the court, a dismissal. Good luck.

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  • I got cited for making a left. If the police watched me wait with signal on, then turn. Do I have grounds to fight it?

    There was a sign identifying "no left" between certain hours but I was attending to the traffic not the sign and the hours were difficult to read.

    Gilberto’s Answer

    From what you have posted, it appears that you don't have a viable defense to the ticket. You will not be able to explain to the court that you were watching a white rose than the posted legal traffic signs to explain your left-hand turn. Contact a local traffic attorney who will give you a free consultation sense there are many other avenues to defend in a traffic trial besides the one you thought of. Good luck.

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  • Hi i was wondering if i can go to jail for touching my sister when i was 12 and she was 10

    i forced a few times to take her clothes off but we never had sex

    Gilberto’s Answer

    You always have the right to demand an attorney and in your case I cannot stress enough that you take this right seriously and invoke it immediately. Stop posting immediately and contact a local criminal defense attorney and discuss this matter with him/her. It would be very unfair to you if the prosecution at your potential criminal trial were to use these posts against you. Good luck.

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  • WHO DO I HIRE OR LOOK FOR IN VERY COMPLEX AND SERIOUS FRAUD CASE.. Identity , Fraud, Forgery ..Cops Arent Doing Anything

    I want to hire someone who can help me get the local police to investigate two very sneaky people who are connected to the banks and are stealing peoples identities as well as they have a fake business where they have credit machines where they ra...

    Gilberto’s Answer

    Unfortunately this is not a matter for which you hire an attorney. There could be many reasons why the police department are not forward. One of them may be that they are investigating but it's taking some time.

    As for the civil case, this may be an area where a civil attorney can pursue your rights independent of police investigation. There's a much lower level of proof required in a civil matter and one maybe successful where the criminal case was not. Contact local general civil litigation attorneys in your area; most will give you a free consultation. Good luck

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  • I was charged 273.5 over 10 years ago. My future wife legally owns firearm, do she loose her right to own firearm once we live

    Under the Launtenberg amendment I understand I am banned for life unless the laws change in CA. However, my future wife legally own firearms. My question is do she loose her right to own firearm once we are legally married. It seems her civil righ...

    Gilberto’s Answer

    Mr. Brady has the best answer. I would only add that the recent 2010 2nd Amendment McDonald v. Chicago may make the prohibition of a felony to possess a firearm during a emminant and immediate self-defense situation unconcsitutional. The Surpeme Court's main rational, along with Heler, was the fundamental right of possession of a hand gun for self defense. While dicta did carve out an exception allowing general felon prohibition, this may be invalid during a violent, life or death situation. Good luck.

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  • Is a 16 year old felony conviction going to impede a I-485 application for a Cuban living here since 1966? What can be done?

    I pled guilty to a felony and served no jail time some 16 years ago. I am a Cuban that arrived in the US in 1966 and this is the one blemish on my record. I have been married three times (all U.S. citizens) and have three grown children.

    Gilberto’s Answer

    The safest answer is yes, the felony will affect any immigration request you make. The best bet is to hire an attorney to file a motion and have the felony reduced to a misdemeanor under PC 17(b) and then have the misdemeanor conviction expunged.

    While the immigration court will still see the old conviction, the court will also see that is has been dismissed pursuant to penal code section 1204.3. Additionally, with the upcoming immigration reform anticipated in Congress, this process any be enough to avoid any complication altogether. Bueno Suerte.

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  • Is there a statute of limitations in Louisiana for DWI's?

    There are two, both about 5 years ago. Both while underage.

    Gilberto’s Answer

    Each state has their own statute of limitations. You need to ask this in a Louisiana thread. Good luck.

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  • I have a petty theft w priors i was arrested twice for pc 484a whats the max sentence im looking at?

    I got out of prison in 2006 for pc666 in 2010 i got arrested and was offered 4 yrs. but ended up getting a program and probation. now in feb. 2013 i had a drug relapsed and got arrested for pc484a district attorney hasn't filed yet but i feel its ...

    Gilberto’s Answer

    First, do not give any lore information about your case on Avvo. It is not clear whether you are herded with, or expect to charges with, two misdemeanor counts of 484(a). In any event, the max for these charges is 6 months county jail for each. Likely you would be offered sheriff work project and would not do the whole time in custody.

    However, you may also be charged with PC 666, which is petty theft with priors. Consult a local attorney to be sure. Good luck.

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  • I like to know why I was diapproved visitation to see my nephew in Folsom prison. I haven't seen him in over 20 yrs.

    I'm so upset with the Folsom Correction Facility. dispprovval of my app. I fill it out to the best of my ability. I'm a 65, yr. retired female who had a past record 15 + yrs. ago the only arrest that. I've ever had was DUI related. I obey the law ...

    Gilberto’s Answer

    Unfortunately since you are not his attorney, you have no right to see him. Your past criminal record may be the reason why you were refused entrance. Those in the custody of the department of corrections have less rights than the average citizen. You are witnessing one of the minimized rights.

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