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Gilberto Benito Vega

Gilberto Vega’s Answers

432 total


  • How do I try to drop charges and avoid testifying with out incriminating myself in a Domestic violence felony case

    I had a harsh dispute with my ex BF, my friend called the cops and I felt obligated to say what happend after the officer showed up. My adrenaline was going all over the place and I felt uncomfortable causing my report to be exaggerated I got so l...

    Gilberto’s Answer

    I agree witht he other attorney. You should go to the DA and explain the circumstances under which you gave the original statement. This retraction, or modification, will have to be transmitted to your boyfriend's attorney and should be helpful. In addition to this, you should contact your boyfriend's attorney and cooperate with them fully. Good luck.

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  • Does refusal to acquit and discharge under 12 USC 95a(2) constitute a willful violation of 31 CFR 501.700-747?

    And how would one implement enforcement thereunder?

    Gilberto’s Answer

    As with most criminal defense cases, attorneys should give you a free consultation. I recommend you contact a local Florida attorney and discuss this matter with them. This will allow confidentiality which you don't have with this forum. Good luck.

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  • Should I pay the tow company or file bankruptcy, will they have to release my vehicle once I file?

    Recent divorce and foreclosure with two repo on credit and several debits

    Gilberto’s Answer

    When you file bankruptcy, certain personal property becomes "exempt" from being sold by the trustee to pay off your debts. Usually this will include a personal vehicle, but you must check with a local bankruptcy attorney to insure that this is the case given your particular financial situation.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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