Gilberto Benito Vega’s Answers

Gilberto Benito Vega

Sacramento Criminal Defense Attorney.

Contributor Level 13
  1. In self defence homicide cases with overkill, souldn't the killers stand trial? can the DA decide if its excessive or not?

    Answered 11 months ago.

    1. Gilberto Benito Vega
    2. Harry Edward Hudson Jr
    3. James Regan
    3 attorney answers

    The DA has the decision to try cases or not. When they feel there is a self defense claim the potential defendant can make, very often they will not have to file charges. Some times a grand jury can be convienved to indict a defend at when the DA refuses to file charges, but this is rare over the objection of the DA. The bottom line is that your brother unfortunetly brought a gun to a clandestine meeting which resulted in his death. I am also not aware of the legal term "overkill" and don't...

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  2. Issued ticket for 23109(c) Speed Contest, CA, LA County - What's my best option?

    Answered 12 months ago.

    1. Gilberto Benito Vega
    2. Tai Christopher Bogan
    3. Andrew Stephen Roberts
    3 attorney answers

    You definitely need an attorney, but first you need to stop posting about your case. You appear to have spoken to the police and compromisedy yourself. Any portion of the statement you made to the police office is admissible in court. He most likely did not have a case until you came down and "explained what happened". You need to contact an attorney who can get the police report and find out what exactly is the case against you. Good luck.

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  3. 14 year old girl fighting getting a citation by school police what are her rights

    Answered 30 days ago.

    1. Gilberto Benito Vega
    2. Joseph Salvatore Farina
    3. Vijay Dinakar
    4. Michael Kevin Cernyar
    4 attorney answers

    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.

    4 lawyers agreed with this answer

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

    Answered about 1 month ago.

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

    4 lawyers agreed with this answer

  5. How much would it cost to have a defense attorney help me petition to receive my juvenile record?

    Answered 4 months ago.

    1. Christine C McCall
    2. Gilberto Benito Vega
    3. William Emil Cassara
    3 attorney answers

    You would need to retain an attorney to petition the court to unseal your juvenile record. The exact cost is impossible to determine without a consultation with a client. Please feel free to contact my office to discuss the matter.

    4 lawyers agreed with this answer

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

    Answered 5 months ago.

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

    4 lawyers agreed with this answer

  7. Will the judge give someone a chance if it's their first time violating their parole.

    Answered 5 months ago.

    1. Gayle Anne-Marie Gutekunst
    2. Gilberto Benito Vega
    3. Jerome Jacques Haig
    3 attorney answers

    No defense attorney can give ou a precise answer on this matter since there are so many factors outside of the attorney's control. Essentially, whether to find a violation or not and, more importantly, what the punishment should be, is entirely up to the court. The two year period is a positive fact that should help your boyfriend. However, the fact that he is charged with offending behavior that is close in relation to the underlying offense that established the probation is not helpful. Up...

    4 lawyers agreed with this answer

  8. Is there any realistic way to fight a Red Light Camera Traffic Ticket?

    Answered 5 months ago.

    1. Gilberto Benito Vega
    2. Christine C McCall
    3. Leigh Gretchen Fleming
    4. Kiarash Feyzjou
    4 attorney answers

    There are many evidentiary objections and arguments that can be (and should) be made in opposing red light tickets. There is a current of backlash that is developing in the appellate courts regarding the hearsay and non-foundational nature of the video evidence and testimony by experts called by the prosecution in California. An attorney who is skilled at research and oral argument should be retained to help point out these weaknesses in the case presented by the DA. Hire a traffic attorney.

    4 lawyers agreed with this answer

  9. I received two DUIs several years ago and three warrants. I want to clear my name, what is the best way?

    Answered 5 months ago.

    1. Michael Korry Bialys
    2. Christine C McCall
    3. Manny Daskal
    4. Gilberto Benito Vega
    5. Cer Trevor E Carson
    6. ···
    8 attorney answers

    You need to hire a local attorney who can appear with you and request a we fence modification. It appears that you may have some remaining fines and need an extension on the deadline to pay. Additionally, since the last DUI was in 2008, you may be a good candidate for expungement, on d the remainder of the fees and fines are taken care of. I practice regularly in the the Sacramento area and wouldn't mind giving you a free consultation. Good luck. Gil Vega 916 381 1077

    4 lawyers agreed with this answer

  10. Someone I know is going to be on probation here in California after serving his 30 days in jail.

    Answered 6 months ago.

    1. Gilberto Benito Vega
    2. Robert Laurens Driessen
    3. John M. Kaman
    4. Lewis Robert Rosenblum
    4 attorney answers

    One of the provisions of probation is a requirement to obey all laws. Since California is has the medical marijuana structure in place, he would not be in violation of California law by continued use of medical marijuana. Now, he would be in violation of Federal law, but I have never seen a judge find a violation of probation based upon an act which California law allows. Good luck.

    4 lawyers agreed with this answer