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Sergio Humberto Benavides

Sergio Benavides’s Answers

301 total


  • How do I deal with contesting a parking ticket if I don't have insurance and my registration is on hold?

    I got a $100 ticket at the airport today because the officer did not see my unloading the luggage for my mom. Got a 4.6(C) ticket. Now the issue is I currently don't have car insurance and i put a hold on my registration. Now if I contest the tick...

    Sergio’s Answer

    You could contest the ticket, and then draw the attention of the District Attorney's office and/or the courts. Then you could be charged with additional crimes/charges and make your situation worse.

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  • Does first time DUI affect my naturalization process?

    I was pulled over and arrested for DUI (BAC: 0.10) but nothing was damaged and no one was hurt. I just did the fingerprint part of the naturalization process last month (july 21st) and am waiting for the interview. How will the DUI affect my nat...

    Sergio’s Answer

    You will most likely NOT be allowed to terminate probation early. I have never seen it allowed, except for ONCE--and that was when a client had written proof the ARMY was waiting to take him. For a proper immigration analysis of your chances at naturalization, you should make a consultation with an Immigration attorney who knows the intersection of criminal law and immigration. This is a complex area and requires careful study of your history and charges.

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  • When does my felony show up on background checks? Next week I have to do a livescan for school and I'm nervous about this

    3 years ago I accepted a plea deal for a felony strike. All from stealing. I made a huge mistake at that time but have also learned from it. My felony is for 2nd degree robbery(strike) all because I stole something from a shopping store and had n...

    Sergio’s Answer

    The felony strike will always show up on a background check. You need to disclose all convictions, especially when you're seeking a professional license. Your best bet is to seek a dismissal/expungement, and you can do this even before your probationary period is over.

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  • Is there hope for him ?

    A family friend is being accused of supposedly molesting a child, his wife was doing a favor to a neighbor by taking care of the child while the mom was at work, since school got out. He states he never had any contact with the child what so ever ...

    Sergio’s Answer

    A defendant can always be accused and be locked up for years based on the word of an alleged victim alone. Physical evidence is not required for a conviction. With Child molest accusations, the stakes are very high, and the district attorney will want to pursue this to the very end. There's no such thing as a simple process for a case like this

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  • Should I alert the court of my recent DUI?

    I am currently on probation for conviction of misdemeanor conspiracy to commit assault in San Francisco. My probation could be up in a year due to no further trouble with the law. However, I was arrested for a DUI in Alameda County. I was wonder...

    Sergio’s Answer

    You have no advantage and no Need to notify any other courts about probation in a separate matter. However, in all likelihood, when you go to court for your new charges, they will know all about your probation in the other county.

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  • How do i know if i have a warrant for being drunk at a bar in san francisco?

    I hope someone can help because im not a US citizen only a visitor. Here's my story i went to a bar and got drunk like a lot i even think someone put something in my drink because i immediatly blacked out and woke up th the hospital i just got my ...

    Sergio’s Answer

    Call or visit the SF Superior Court at 850 Bryant Street. The Criminal Clerks or the Sheriffs office will tell you.

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  • Would I lose my license if I refuse DUI field sobriety tests?

    If I was stopped for suspicion of DUI and I refused all DUI tests, would I lose my license?

    Sergio’s Answer

    Post arrest (once they put the ciffs on, or start writing you up for DUI) If you refuse the breathalyzer you automatically lose your license through the DMV.

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  • Steps on how to clear Felony DUIS from record. 2 in Sacramento CA 1 in Caldwell ID all 3-4 years apart.

    1st dui 2007 (accident) was made a felony due to me being injured in the dui. 2nd 3 years later. (2010) Automatically a felony due to the first being a felony. (No accident) pulled over) Both occurred in Sacramento CA. 3rd dui 2013 (no accident p...

    Sergio’s Answer

    Most judges will not expunge or even terminate probation early until probation has expired. If you suffer a violation if probation you will not qualify for a dismissal (aka expungement).

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  • Can she accuse me in fake rape case?

    I met a women in her age 40s and we had exchanged too many emails and dated in LA. After that I returned to India after business trip. We met on dating site. We had consensual sex and I am in 30s. Its more than a year now. Is it possible i...

    Sergio’s Answer

    Almost all domestic violence cases are he said-she said. With the word of an accuser sometimes being the only evidence. So ifmyour question is whether tour accuser can successfully make rape charges stick, yes, it's possible.

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  • Will a juvenile sealed record effect criminal background check?

    I recently got offered a job at CitiBank, upon completion of my criminal background check I was notified that something came up for "battery" in 2010. That year I was a juvenile and the charges were dismissed and the case was sealed. I am very uns...

    Sergio’s Answer

    It cold be an issue of an error with the criminal history reporting agency--and it is up to you to fix the error. Or it could be the sealing process was faulty, not completed, or other, and you have to go back to the court and insure the the dismissal is never reported again. Citibank is a private outfit, and should not have access to juvenile record in any event--a juvenile suffers a "true finding" and not a conviction. So even if the case were not dismissed, and you were put on probation, it would not be a conviction, and private industry should not have access to it.

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