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Gilberto Benito Vega

Gilberto Vega’s Answers

429 total


  • What charges can you face for providing alcohol to minors if you are also a minor?

    Someone over 21 bought me a bottle of alcohol and I shared it with a few friends? Could charges be pressed against me?

    Gilberto’s Answer

    By supplying the alcohol, you are in technical breach of the business and professions code of California. If you are under 18 this will be handled by a juvenile court, over 18 and the misdemeanor charge would be pursued in the Superior Court.

    In reality, the police would be more interested in the person who was over 21, as they were the actual mechanism for the supply to the minors. If you are actually charged, I would consider supplying information on the person over 21. Good luck.

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  • I was cited and released by mall security for petty theft. How long will it take to get my court date in the mall?

    This is my first offense with a clean record. The item was valued at $25.00. How long will it take to get a court date? And what will happen in court.

    Gilberto’s Answer

    First, don't talk about any more details about this matter on Avvo. You have not hurt your case yet. Second, Solano county is rather slow, if the DA decides to go forward with the case, it could be anywhere from 2 to 6 weeks conservatively. You should contact a criminal defense attorney now to start preparing your defense. Please feel free to contact my office for a free consultation. Good luck.

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  • How long can you be put in JAIL for if you fail to appear in court as a witness in CA.

    The trail is over and i have a warrant and am expected to turn myself in asap.

    Gilberto’s Answer

    You may have the warrant for not showing up to court on a specific date. You You should hire an attorney to appear in court, put your matter on calendar and find out why you still have an active warrant. There could be many reasons for this. I practice in the Sacramento area regularly and wouldn't mind giving you a free consultation. Good luck.

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  • I was issued a temporary restraining order because I got mad and kick my husband cars. What should I do?

    I ran into my ex husband the other day and I became enraged because he has not provided me with the child support payments the court ordered. I know I made a mistake when I kicked his car but felt like I couldn't control myself. Now he issued me ...

    Gilberto’s Answer

    This answer may sound glib, but don't go near your husband in the future. There are other far more effective means to collect on owed child support than kicking his vehicle. If you continue to have contact with him, even indirectly, you could face criminal charges. Good luck.

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  • Police denied my mother access to her apartment because they were waiting for search warrant to be signed.

    I explained to police that I did not live there, was not on the lease, yet they denied my mother access to her own apartment while they stood at front door waiting for a signature. They found nothing except registered firearm, the presence of whic...

    Gilberto’s Answer

    There's not a question in this, only a statement of facts. Did you have a question about whether the police can lawfully do this? If so, the answer is yes, if they were effecting a lawfully issued search warrant. The police have been granted wide latitude by appellate courts in California regarding securing a location while conducting a search pursuant to a search warrant.

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  • What happens after a petition for a writ of certiorari is denied?

    can it be refilled or submitted again?

    Gilberto’s Answer

    Generally, no. Not without special leave from the appears court. An appellate court does not have to take every case that comes its way, other than the one initial appellate review every defendant has a right to. After the first, your chances of a hearing are low. Good luck.

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  • What are my odds of being convicted of PC 273.5, 3700? I have zero criminal history, argument got out of control.

    My husband and I got into a shoving match after a night of drinking too much. I flailed my arms and and my wedding ring hit him in the lip. he called the police and said i was hitting him. since he did have a bloody lip I was arrested. I don't hav...

    Gilberto’s Answer

    No one can give "odds". What you need to do is stop posting so much detail about your case as these statements can be used against you and worsen your "odds". Contact a local criminal defense attorney now to start preparing your defense. Please feel free to contact my office, I offer free consultations. Good luck.

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  • 14 year old girl fighting getting a citation by school police what are her rights

    a 18 year old "Friend" convinced my 14 yr old daughter to beat up some girl. the police are coming to the house to serve a citation, what should i do.

    Gilberto’s Answer

    You should hire an attorney for your daughter now. It appears that your daughter may be receiving a summons to appear in juvenile court for some sort of battery or more serious charge. Feel free to contact my office I practice regularly in Sacramento juvenile court. Good luck.

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  • Back in 2009 my husband and i got into a heated argument, law was called to mediate the situation, no violence involved!

    cops did give me a temporary protection order and i went to court and told the judge there was no violence involved, the protection order was dropped, my husband was serving a prison sentence for a different case, and one of his convictions was i...

    Gilberto’s Answer

    It depends greatly on whether your husband got a no strike or no contact order regarding you. You should contact the attorney who represented your husband to specifically get the correct answer. If it is a no strike order, then you can live with him without violating his probation or court order. If it is no contact, then you need to have an attorney place your husband's matter on calendar with the criminal court and request a sentencing modification. Good luck.

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  • Had my felonies exponged.. How do I restore my rights fully?

    Non violent convictoins

    Gilberto’s Answer

    I'm assuming you are speaking of your "right" to own of possess a firearm and/or your right to vote. As for the firearm, Federal and Californian legislation still prohibits you from owning or possessing a firearm for life. An expungement in California does not completely eliminate the last conviction, just shows it was dismissed at a later date.

    As for the voting right, there are mechanisms to restore voting rights after an expungement in California. I recommend contacting a civil rights attorney to more specifically deal with the restoration of voting rights in California. Good luck.

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