Gilberto Benito Vega’s Answers

Gilberto Benito Vega

Sacramento Criminal Defense Attorney.

Contributor Level 13
  1. What can I do after my petition of dismissal for disorderly conduct has been denied?

    Answered about 1 year ago.

    1. Andrew Stephen Roberts
    2. Gilberto Benito Vega
    3. Dan Eugene Chambers
    4. Dean George Tsourakis
    5. Sharon Paris Babakhan
    5 lawyer answers

    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.

    5 lawyers agreed with this answer

  2. Ok let me add detail what are the chances of being found guilty for having sex with my 17 year old girlfriend?

    Answered over 1 year ago.

    1. Stephen Troy Allen
    2. Michael Kevin Cernyar
    3. Gilberto Benito Vega
    4. Joseph Salvatore Farina
    4 lawyer answers

    There are many different types of sexual offenses in California which do not required PC 290 registration. These are commonly called Romeo and Juliet laws and deal with two parties who are generally both under age, but they can also be used for people who are generally within three years of each other. Since you are only just barely 18 and she is 17, absent any other ugly facts, the only real evidence against you is the father who will falsely state he saw you have sex and your statement...

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  3. Problem ! Past felony conviction from 6 years ago , recently had reduced to a misdemeanor and dismissed . 17b and 1203 . 4 .

    Answered over 1 year ago.

    1. Christine C McCall
    2. Gilberto Benito Vega
    3. John M. Kaman
    3 lawyer answers

    These questions are less criminal defense questions and more questions about the particular policy of the medical program requirements. As for the legal side of your question, the expungement actions doesn't completely eliminate the offense from your record. It does allow the court to reduce the charge from a felony to a misdemeanor, however, the way it shows up on a background check is with a notation that the matter was reduced. Good luck.

    5 lawyers agreed with this answer

  4. How showed i go about this please help need as much advice possible

    Answered over 1 year ago.

    1. Gilberto Benito Vega
    2. John M. Kaman
    3. Daniel William Cohen
    3 lawyer answers

    If you have an attorney right now, you should be voicing these concerns with them. You mentioned "they" want to take this to trial, I'm assuming you mean the DA. If not, you need to find a private attorney with whom to discuss this matter. I practice regularly in the Sacramento area and wouldn't mind speaking with you. Good luck.

    5 lawyers agreed with this answer

  5. I am being accused of hit and run, but i was not driving the vehicle

    Answered over 1 year ago.

    1. Gilberto Benito Vega
    2. Elliot Rahmim Zarabi
    3. Sean Anthony Brady
    4. David B Pittman
    4 lawyer answers

    In sure you can see the most obvious defense you will be raising is what lawyers commonly refer to as "some other guy" defense. What is key to your defense is to stop making any kind of statements about this matter and contact an attorney now to start building your defense. Providing evidence about your whereabouts will be essential in establishing you could not have been the driver. Good luck.

    5 lawyers agreed with this answer

  6. If my name is not correct on a traffic ticket, does that invalidate it?

    Answered almost 2 years ago.

    1. Gilberto Benito Vega
    2. Paul J. Denni Esq.
    3. Jason Robert Miller
    3 lawyer answers

    Whoever told you that was misinformed and has, in turn, misinformed you. Your driver's license was undoubtedly included on the ticket and you signed the ticket promising to show up. The ticket is not invalidated simply because an officer typed (or wrote) the name incorrectly. You need to show up to court on the day promised or you will receive a failure to appear civil assessment and a bench warrant for your arrest. The first thing the court will do on the day of your arraignment is confirm...

    5 lawyers agreed with this answer

  7. DMV suspended my license, but the court dropped my charges. Am I required to attend DUI class?

    Answered almost 2 years ago.

    1. Greg Thomas Hill
    2. Gilberto Benito Vega
    3. Jasen Bodie Nielsen
    3 lawyer answers

    What you are facing is the dual authorities which are prosecuting you for this matter. The DMV does not have to establish your alcohol level beyond a reasonable doubt. This means they are able to suspend a license with a far lower sowing of proof than the criminal courts. This is also allowed since you have a right to be out of custody but not to drive as that is a privilege. Good luck.

    5 lawyers agreed with this answer

  8. DUI arrests - 1st time- what are the chances of getting it dropped?

    Answered almost 2 years ago.

    1. Gilberto Benito Vega
    2. Ross Carlton Meltzer
    3. Amber H Lunsford
    4. Oscar Rene Gutierrez
    5. Michael Lawrence Doyle
    5 lawyer answers

    Whether a case is dismissed prior to it being set for trial or not is generally determined by the facts of the specific case. From what you have mentioned, it appears that the police stopped him lawfully since he was speeding. This will have to be reviewed by an attorney to make sure the facts are correct. Beyond that, the possibility of reducing DUIs comes down to the blood alcohol level as well as when the tests were administered, how they were administered and what errors, if any, the police...

    5 lawyers agreed with this answer

  9. Can I clear my DUI record after getting convicted of a minor infraction?

    Answered almost 2 years ago.

    1. Stephanie Michelle Arrache
    2. Joel Christian Koury
    3. Gilberto Benito Vega
    4. Lawrence Irwin Wolf
    5. Robert Lee Marshall
    6. ···
    6 lawyer answers

    If you have an incorrect entry on your rap sheet, you need to contact an attorney in order to correct it. The 2012 error stated something was a misdo. rather than an infraction is a huge difference and should be dept with. This is especially true since you are trying to clear your record. Good luck.

    5 lawyers agreed with this answer

  10. Is there a chance that he will be out sooner?

    Answered almost 2 years ago.

    1. Gilberto Benito Vega
    2. Jerome Jacques Haig
    3. Michael Douglas Shafer
    3 lawyer answers

    With realignment there really is no way to be absolutely certain about release dates. This deck eh causes defense attorneys, prosecutions and judge consternation since we are unable to give exact times of realistic release. Essentially, the CDC (Cal. Department of Corrections) is allowed to release inmates early in order to ease overcrowding. Anyone released in this fashion will be on probation. In short, yes, it is possible that he could be released early, however it is impossible to be...

    5 lawyers agreed with this answer