Vito R. De La Cruz’s Answers

Vito R. De La Cruz

Yakima Personal Injury Lawyer.

Contributor Level 7
  1. So aside from a PI/Civil Case, there is a Criminal Case too that includeds restitution as a victim of a car accident???

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. William John Carlson
    3. S. David Rosenthal Esquire
    4. Vito R. De La Cruz
    5. Crystal Grace Rutherford
    6. ···
    6 lawyer answers

    I agree with Mr. Carlson and our other colleague regarding the potential for a lien against your ultimate settlement by the liability insurer of all the aspects of you PI case against the at fault driver.

    5 lawyers agreed with this answer

  2. The federal prosecutor is telling me I will not get safety valve until I rat everyone I know out. Is that true?

    Answered 9 months ago.

    1. Raymond George Wigell
    2. Joshua Sabert Lowther
    3. Judy A. Goldstein
    4. Stephen F Wallace
    5. Thomas G. Briody
    6. ···
    7 lawyer answers

    Mr. Lowther's answer is spot on but I want to add one additional bit of advice also given by other writers. Do not communicate with the prosecutor without your attorney and fully discuss with your lawyer the facts in your case so that jointly you come up with a strategic plan to address the prosecutor's demand and position. Good luck.

    5 lawyers agreed with this answer

  3. Which state bar exam is the hardest? California?

    Answered about 2 years ago.

    1. Michael Charles Doland
    2. Hillary Johns
    3. Lindsay E Junck
    4. Stephanie Danae Padly
    5. Vito R. De La Cruz
    6. ···
    8 lawyer answers

    California followed by New York.

    3 lawyers agreed with this answer

  4. How can I prompt DA be to file a promised 5k1 filing for downward departure for reduction of a 5-year sentence? Been 2 years.

    Answered over 1 year ago.

    1. Scott John Terry
    2. Vito R. De La Cruz
    3. John Robert Kormanik
    4. Robert Laney Hambrick
    4 lawyer answers

    I would start by contacting the attorney who represented your husband at the sentencing hearing. If there was a plea bargain between your husband and the prosecutor that required the prosecutor to file the 5K motion, the plea agreement will likely spell out when the 5 K motion was to be filed. Typically, 5K motions must be brought before sentencing so that the judge can consider its merits before making the applicable determinations and findings of fact under the guidelines that affect...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. If a child is REGISTERED with a tribe, does that fall under the ICWA Laws? Or is it to be ENROLLED?

    Answered about 2 years ago.

    1. Vito R. De La Cruz
    1 lawyer answer

    Normally for ICWA to apply the child needs to either be enrolled with a recognized tribe or be eligible for enrollment. Under ICWA, an "Indian child" is “any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.” I hope this answers your question.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Where might I find a lawyer that is well versed in ICWA?

    Answered about 2 years ago.

    1. James Baldock
    2. Brian S Wayson
    3. Vito R. De La Cruz
    3 lawyer answers

    Try the Indian Law sections of either the Oregon State or Washington State Bar, especially since many Washington lawyers can practice in Oregon if they have acquired reciprocity. Also, some family law attorneys actually have experience with ICWA issues.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. HOW DO YOU KNOW IF YOU ARE BEING CHARGED FEDERALLY ? AND DO I GO AHEAD AND PLEA OUT IN STATE COURT

    Answered over 1 year ago.

    1. Frank Mascagni III
    2. Vito R. De La Cruz
    2 lawyer answers

    I agree with my colleague Mr. Mascagni that you need to conslut with a qualified attorney in your area. If you are tempted to plead guilty in state court believing that the feds will be barred from prosecuting you, please don't. The Double Jeodpardy clause will not protect you since it only bars successive prosecutions by the same sovereign. Without getting into a whole lot of analysis here, it is best to consult with someone who is well-versed in the local practice/policies of the AUSA and the...

    3 lawyers agreed with this answer

  8. Can u invoke your 5th ammendment if you already wrote a statement?

    Answered over 1 year ago.

    1. Lennard Anthony Nahajski
    2. Holli Giffin
    3. Scott M Moriarity
    4. Charles K. Kenyon Jr.
    5. Vito R. De La Cruz
    5 lawyer answers

    I agree with my colleagues that you can always invoke your right under the 5th Amendment not to incriminate yourself. Your question also seems to imply that you are worried about the statement you have already given. You may be able to suppress that statement depending upon the circumstances/facts of how that statement was obtained from you. As with my colleagues, I recommend that you speak with an experienced criminal law attorney. Make sure that you tell him or her all of the facts...

    1 lawyer agreed with this answer

  9. Can police use your skype and computer without permission or search warrant?

    Answered about 2 years ago.

    1. Edward J. Dyer
    2. Teresa Lynn Border
    3. Vito R. De La Cruz
    4. James Edmund Oliver JR
    4 lawyer answers

    I'm sorry you are in this predicament. However, there is a lot going on and it seems that you could really benefit from consulting with an attorney directly and privately and having that attorney review any documents and/or reports that may have been generated as a result of the incident.

    1 lawyer agreed with this answer

  10. Can i sue an Indian Casino for harassment without them using their sovereign immunity to protect them if i am a tribal member?

    Answered about 2 years ago.

    1. Isileli Tupou Manaia Mataele
    2. Vito R. De La Cruz
    3. John Scott Swimmer
    3 lawyer answers

    You will need to sue in the tribe's tribal court system. If you try to sue in state or federral court, the tribe will move to dismiss and/or remove the case to the tribal court. For that, you'll need to have someone with tribal court experience and licensing (which isn't that difficult to acquire). I hope this answers your question.

    1 lawyer agreed with this answer