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Gilberto Benito Vega

Gilberto Vega’s Answers

432 total


  • 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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  • 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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