Skip to main content
Gilberto Benito Vega

Gilberto Vega’s Answers

429 total


  • Son arrested for domestic violence & moving somebody against their will. What happens if victim don't come forward?

    He is 17 now but will be 18 in about 80 days. What happens when he turns 18 if the offense was actually committed when he was still 17

    Gilberto’s Answer

    Both my colleagues are correct about where this case will start. I will only add to your question about witness unavailability.

    This happens many times in domestic violence cases. Usually, the District Attorney is able to overcome an unwilling witness by entering into evidence a prior inconstant statement by the witness which was often taken by the police at the time of the investigation. My experience at trial is that juries tend to give the first statement more weight, since it was made in the heat of the moment and DA's are able to convenience juries people are more likely to lie to protect someone later than immediately after calling for help. This is not always, but it is often. Good luck.

    See question 
  • Am I be liable for a stop sign violation even if photo/video only show vehicle & not the driver?

    The citation was issued by Mountains Recreation and Conservation Authority for failure to come to a complete stop at a stop sign. Their proof is a video which shows the car I own failing to stop completely but the driver is not in any way visible....

    Gilberto’s Answer

    The prosecution must prove not only that a vehicle failed to stop behind the limit line but also that the person charged is responsible. If the video truly shows nothing identifying about the driver, then you should not be convicted. Good luck.

    See question 
  • Can I get an arrest warrant/go to jail if I fail to pay my DUI fines?

    It's been almost a year since I made my last payment to the court. So can the courts get an arrest warrant for failure to make payments? and would I get sent to jail? for about how long?

    Gilberto’s Answer

    I agree with the previous answer. I would only add a yes to your question. If you fail to pay the court ordered DU I fines you could be found in violation of your probation and sent to jail. Go to court, see the public defender and they will help you explain to the court.

    See question 
  • Diversion Program in Indio, CA court for Petty Theft 490.5 charge? Has it been working as promised for the defendants in 2013?

    2--Does it matter if case eventually is Misd or Infraction? 3--Any current or in 2014 low cost on line programs to satisfy requirement? 4-- Have you seen community service work acceptable instead of class?

    Gilberto’s Answer

    If you are asking if this program has effectively mitigated defendants criminal liability by offering alternate punishments than custody, then yes, the program has been working.

    See question 
  • If i file chapter 7 bankruptcy what happens to my home that I own jointly with someone 50/50?

    I own a home 50/50 with my ex and want to file bankruptcy and include the home what happens to the home?

    Gilberto’s Answer

    When you say you "own" a home with someone, there needs to be a clarification. Are both of you listed on the mortgage, or does the other person simply live with you and pay part of the mortgage? If it is the former, depending on other factors, your responsibility for the mortgage can be eliminated at which point the other mortgage holder would simply take responsibility for the remaining payments owed. You should make an appointment with a bankruptcy attorney in order to more clearly and and precisely recommend a course of action. Good luck.

    See question 
  • Will I be charged for a crime for filing a false Domestic Violence Report at 9 months pregnant & crazy with hormones?

    My boyfriend was annoying me and not doing what I had asked him to do. He had not been around for my very difficult pregnancy and I was angry at him. He threatened to tell my family that he was the father of my baby and would be at the hospital ...

    Gilberto’s Answer

    Quite frankly, Ma'am, you have just admitted to a very serious crime in filing a false police report. It sounds like your husband's case is ongoing at the moment. You should stop posting on this website and consult an attorney in person.

    I have had several DV cases where the victim changes their story after calling the police, or wish to end the prosecution because they embellished or lied about it. It is very unfortunately when this occurs since the prosecuting authority has no obligation to end the prosecution. Actually, the original statements are allowed into evidence despite the recantations based upon the prior inconsistent statement exception to the hearsay rule.

    Unfortunely, it sounds like you hurt your husband very seriously with the false charges. Good luck.

    See question 
  • What can I do after my petition of dismissal for disorderly conduct has been denied?

    I submitted a petition for dismissal for Section 647 (b) and got denied. I was convicted in 2009 and have completed my terms of probation and paid all fees. Near the signature line of the petition there were notes written "current address not up...

    Gilberto’s Answer

    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.

    See question 
  • How would I go about suing our local police department .I know many times our civil rights have been violated as well as

    misconduct of the law and many other things I have been dealing with this for the last 3yrs if not longer behind all the stress I was hospitalize I lost a lot of money including my home me and my three girls have been living a nightmare, I have wr...

    Gilberto’s Answer

    It sounds like you are looking to sue the police department for violation of civil rights. This is a generally covered by a federal 18 USC 1983 lawsuit. There may also be state remedies under Ohio law. I am not a licensed attorney in Ohio. You should try and contact the local ACLU law office or any civil rights attorney in your area. Good luck.

    See question 
  • Can I apply for the Border Patrol after having my domestic violence case dismissed?

    In 2003, I was arrested for domestic violence in Colorado. After completing my 30 plus DV classes, the case was dismissed. I have since moved to California and have purchased a gun after passing a 10 day mandatory NICS background check. So now tha...

    Gilberto’s Answer

    Generally a federal law enforcement position will be unavailable to any violent offense. This includes domestic violence. However, the age of the offense, coupled with the fact that you had your 2nd Amendment rights reinstated, could allow you the position. The ultimate decision will be made by the agency to which you are applying. The best answer you can get on this site is a maybe. I wish you luck in your pursuit. It may behoove you to contact the agency directly and inquire as to whether or not you are precluded due to the past offense. The worst they can say is yes. Good luck.

    See question