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Vijay Dinakar
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Vijay Dinakar’s Answers

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  • Are there any recommended anti-shoplifting anti-theft awareness courses that can help in getting a case dismissed/reduced?

    I know I am reopening a 4 year old question ( https://www.avvo.com/legal-answers/where-can-one-take-an-anti-shoplifting-and-anti-th-619790.html ), but has the situation changed in santa clara county? Are there any good online anti-theft awarene...

    Vijay’s Answer

    You are not advised to proactively do an online class without obtaining proper direction from your attorney. I assume you are not representing yourself, so you should consult with your attorney in regards to the best way to get your matter dismissed. Certainly proactively completing an online class won't hurt but it may not help depending on which one you do, why/when it's being done. All the best

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  • I am I covered under the CCP 1219

    My son and I who live together had an incident he fired a gun .. He is 29 no prior record . They are charging him w attempted murder .. I don't never wanted to press charges, he was high on bad drugs hanging around a couple wrong guys.. I am prote...

    Vijay’s Answer

    As all other attorneys have pointed out, you should hire an attorney to protect your interests and pursue your goals. It sounds like your goal is to have the attempted murder case against your son dismissed. As you know, despite the fact that you're the alleged victim, you don't have the power to move to dismiss the case, that power resides
    with county's District Attorney's Office. It may seem intuitive or reasonable that you should speak to the DA to alert him/her of your desires. However, if helping your son is your goal, that would be inadvisible as the DA doesn't represent you. You must assume that DAs goal is to prosecute your son to the fullest extent of the law. That's why you need your own attorney that can communicate with your sons attorney and pursue your goals.

    As for the issue of CCP 1219b, that statute tells us that alleged victims of "domestic violence" can't be jailed for contempt if they refuse to testify. 1219b says that "domestic violence” means “domestic violence” as defined in Section 6211 of the Family Code.
    6211 tells us "domestic violence is abuse perpetrated against any of the following persons..." and includes [6211(f)] "any other person related by consanguinity or affinity within the second degree." This statute indicates that you should not be jailed for refusing to testify in your son's case.

    In passing I will mention that it is a misdemeanor crime to cause a false police report to be written under PC 148.5. Perhaps you don't want charges to be pressed against your son because your statement to police was not entirely truthful. If this is the case, you likely have an absolute right to assert your 5th amendment right against self incrimination if called to testify (here contempt is not at issue). The DA could offer immunity but this would be a fact that would be known by the jury and an issue your son's attorney could use to undermine your credibility. You certainly need an attorney to explore these issues with you.

    The fact that you decide to refuse to testify or that you are rendered unavailable by assertion of the 5th amendment doesn't mean that the case against your son cant be proven beyond a reasonable doubt. Some of your out of court statements could still be heard by the jury if they are deemed by the judge to be "non-testimonial" which wouldn't present a bar to admissibility under the 6th amendment's confrontation clause as interpreted by Crawford and its progeny. The hearsay nature of your extrajudicial statements (you seem to refer to in regard to the "spontaneous statements") are not at issue if you're unavailable either because you refuse to testify or assert the 5th amendment. The issue is whether the statements are testimonial and thus barred from being admitting against your son under the 6th amendment confrontation clause.

    Beyond your statements, your son may have provided incriminating admissions which would be heard by the jury assuming they survive Miranda or voluntariness challenges. There may be additional evidence of your son's guilt including forensic evidence, third party eye or ear witness testimony, or circumstantial evidence.

    There's a lot more, nobody can diagnose an attempt murder case online in a couple paragraphs and this response is given only generically and for basic informational purposes. Suffice to say you should hire a criminal attorney prepared to pursue your goals who is familiar with all of the above issues (and others). All the best.

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  • This is in California. Can you sue wedding venue for employee who stole purse with w/grandmother's ring, passports, etc?

    Arrived Friday, wedding party staying at venue for 2 nights. Friday rehearsal dinner. While unloading bar items, decorations, etc. Brides purse was stolen. Employee caught by pic on film while using victim's card at gas station. Arrested and a...

    Vijay’s Answer

    Yes, you can sue both the employer (via vicarious liability theory) and the employee thief. Suing the employer/venue will be more difficult as they'll argue the intentional act of theft cuts off their liability but they maybe liable for negligent hiring, improper/negligent security measures, and its arguably foreseeable and or within the scope of employment. You can pursue direct restitution through the criminal court process by contacting the local DA that's handling the thief's criminal matter and undoubtedly restitution will be ordered but that's limited to the actual value of the items that were not recovered. However, as others point out, any restitution the thief owes will be as good as gone given he likely lacks any assets worth pursuing, thus explaining his theft. All the best.

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  • Following up with the dropped charges

    It has been 3 months since the charges have been dropped , i had told the police officer it was all a misunderstanding and I met with him to drop charges. I haven't received any phone calls or the officer hasn't contacted me since the charges were...

    Vijay’s Answer

    Police don't file criminal charges, the District Attorney's Office does by filing a criminal complaint in court or by seeking an indictment. Police investigate, arrest, collect evidence, document (through writing police reports), and testify in court. Police officers are not attorneys and are not able (or permitted) to engage in objective legal analysis or provide legal advice. Police are permitted to (and trained to) lie to suspects and witnesses as an investigative technique. Verbal interactions with police are never required but sometimes result in false confessions, false arrests, and wrongful convictions.

    You say that you previously met with police, made statements, and now 3 months have passed where you've not heard further news about the matter. The statute of limitations for misdemeanors is 1 year and for most (though not all) felonies is 3 years in California. The District Attorney's Office can still file a criminal case against you, whether the incident allegedly involves a misdemeanor or a felony; this is true regardless of the non-binding verbal claims of a police officer. You're best advised to never interact with law enforcement ever again. You're also advised to hire an attorney to interact with the DAs Office on your behalf. Perhaps no charges are forethecoming but perhaps police have submitted their police report(s) and the DA will file charges against you at a later date. Nobody here can know whether you face future jeopardy without knowing about the facts of the alleged incident which you have characterized as "all a misunderstanding" but police and or the District Attorney may decide to construe otherwise. All the best

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  • How do I have a protective order removed?

    My boyfriend has a protective order against him that was issued in another state. It was issued 2 years ago. We are trying to move on with our lives but are unable to because of this order. We only have each other to depend on. What should I do?

    Vijay’s Answer

    You'll need to get the order lifted in the court from which it was issued. Hire a local attorney near that court to do that. It's possible that your attorney could handle this without you being present but you may need to go there to get it lifted.

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  • What are my mothers rights to my brothers kids if his ex wifes stepfather is trying to gain custody.

    My brother was visiting Long Beach Ca last month when he took his life. Cps was called and they placed his kids with the my brothers ex wife. The mother of the kids gave up her right to the kids in 2011. If my bother didn't live in long beach why ...

    Vijay’s Answer

    You've received good advice. You're best advised to retain family law counsel. All the best

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  • Will I be jailed for a first time embezzlement?

    I am asking this question again because I was not clear the first time around. I wrote a statement confessing what I did. And charges were pressed against me but I am not jailed. The cops did not take me to jail but told me that I will only be ...

    Vijay’s Answer

    Simply let your lawyer do all the strategizing and planning for you in regards to this criminal case. You can either get a free court appointed lawyer (often in the form of a public defender) if you qualify economically or you can select and hire an attorney to represent you. In either case you should attempt to relax and focus on your mental health as apparently you were previously determined to be a threat to yourself. Allow your attorney to fight for you. Realistically on a first time non-violent theft crime in the amount you cite, jail is not a likely possibility. All the best

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  • It's their mistake how can't I get it permanently removed?

    I had a bench warrant that was issued by mistake saying I didn't complete a weekend work program. I did finish the program there was an error in their system. I went to court and explained it to the judge and he removed/recalled the warrant. A...

    Vijay’s Answer

    It's unclear what "record" you're referring to when you say that the warrant was issued (then recalled following proof that the warrant was improperly issued). If you're referring to a minute order of the day that the warrant was issued (and another one on the day it was recalled), this is one issue. However, employers can use the fact of an issued warrant (subsequently recalled), whether granted properly at the time or not. Employers can use convictions against you unless said conviction(s) are subsequently dismissed (not erased) pursuant to PC 1203.4. Your actual record can be obtained from the California Department of Justice by submitting to a livescan, simply Google livescan operators and go to one locally. All the best.

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  • If he was never questioned or arrested ,the charges will not appear on his file?

    the officer that was working with me to follow up called and i said i wanted to drop the charges i then met up with the officer a few days later and signed the paper to drop charges i dropped the charges before it made it to court my boyfriend was...

    Vijay’s Answer

    Sounds like your boyfriend has no criminal record in regards to the allegation you appeared to have made but then recanted. It's quite dangerous to report anything to police. Police often author biased, heavily edited, and incomplete police reports in order to obtain arrests and make convictions stick. Such law enforcement work often leads to false confessions, false arrests, and wrongful convictions. Interacting with police is like playing with fire: there no benefit and often one gets burnt.

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  • His criminal record file , will the chargers appear on his backround checks and things in that nature.

    He was not arrested nor questioned by an officer.

    Vijay’s Answer

    It's unclear exactly what you're asking but I'll assume you want to know whether the individual in question has a criminal record if he was not questioned or arrested by police. Assuming thats the query, the answer is he doesn't have an arrest record at this point. For misdemeanor allegations, the statute of limitations is 1 year from the date of the incident while for most felonies (though not all) the statute of limitations is 3 years. He can obtain his official record from the California Department of Justice by obtaining a livescan, simply google livescan operators and go to one in the area. He is best advised to never interact with law enforcement for any purpose whatsoever as talking to police is tantamount to playing with fire: there is nothing to be gained and often one gets burnt.

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