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Vijay Dinakar
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Vijay Dinakar’s Answers

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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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  • How do I go about having my charge dismissed even though I didn't complete all my probation terms?

    I received the first time DUI Alameda County, Fremont court. I did my three years probation and paid all my fines. however I never did the DMV portion, incl the breathalyzer(!) the reason is my name is spell wrong and wasn't reported properly to ...

    Vijay’s Answer

    You were ordered to complete the DUI class as a result (and term) of your DUI conviction. Your obligation to complete that class did not end when the term of your probation (3 years) expired. The DAs Office and probation department will likely oppose a post-conviction dismissal motion (PC 1203.4) if you filed it now without completing the class and a judge is likely to side against you. Why would the court reward you with a dismissal order when you failed to complete a term of your conviction punishment? The fact that "no one said anything" is not odd of unexpected. There are simply too many people on misdemeanor DUI probation who are ordered to complete a DUI class for probation or the court to follow up on non-compliance. Again, their inability to follow up does not relieve you of your responsibility to comply. Perhaps you'll be able to obtain 1203.4 relief because DA, probation or court won't know that you didn't complete the program but if they find out, it'll likely be denied although the court always has the ability to grant in the interest of justice. You can complete this program even at this late date though some classes require a court order to enroll (though not all do).
    All the best in getting this dismissed.

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  • Allocution and Alford plea at sentencing

    I have given a Alford plea due to the fact that my attorney has said that one piece of circumstantial evidence may look negatively at trial . It was a internet search on a iPad . The da was asking for 8 months in jail , and my attorney mentioned a...

    Vijay’s Answer

    Nobody here can possibly know anywhere near as much as your attorney does about your case. Following are just general comments, they don't specifically or especially apply to your matter.
    The decision to enter a plea (guilty, no contest, Alford, or otherwise) or to exercise one's 6th amendment rights to trial rests with defendant (the client). The attorney can offer considered advice about the wisdom of going to trial or entering a specific plea, but ultimately the client decides. If the client decides to go to trial, the client decides whether to take the stand and testify (again with the benefit of attorney advice). Similarly the client decides whether to make any statement/explanation regarding a plea and at sentencing (with attorney advice). The client always has the right to remain silent under the 5th amendment. Most other (strategic and tactical) decisions are made by the attorney.
    Fair or not it seems you have 4 options:
    follow your attorney's advice; make client decisions discussed above which are inconsistent with your attorney's advice; represent yourself; hire another attorney.
    All the best.

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  • Can I contest a carpool ticket in California if the model of the car is wrong?

    I received a 21655.5(b) I . Carpool ticket, including a fix it ticket for no plates since I still had the dealer plates. The officer wrote down jeep Cherokee but my car is a Jeep Patriot. It doesn't have my vin number on the citation, just my driv...

    Vijay’s Answer

    Your best advised to fight this by scheduling the matter for trial. Your chances are much better if you retain an attorney. The errors on the ticket will not help you win your case. All the best

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  • Can they remove charges at any point In the case?

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    Vijay’s Answer

    By remove charges I'll assume you mean to ask whether, following criminal charges being brought against someone in court, they (the government/prosecutor) can move to dismiss the charges at any court hearing. If that's the question, the answer is yes but the government is reticent to decide to move to dismiss a case once it has already decided to file bring charges. A skilled criminal attorney is needed to accomplish this outcome. All the best

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  • What happens at a settlement conference in a felony case?

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    Vijay’s Answer

    This is a question best posed to your attorney who has the luxury of the facts of your case to know what will likely transpire at your next hearing. Felony cases can take months or years to resolve with many intervening court dates. There maybe issues of discovery, further investigation, pending possible motions, or your attorney may wish to speed up or delay the case for another strategic purpose. Thus, there is not a single thing that happens at any hearing in a felony case, the most likely thing that occurs is the case is continued for another hearing. Again, nobody here will know anything specific about your case, best bet is to ask the attorney. All the best.

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  • False domestic violence complaint by wife..

    Need some advise on a situation here - Me and my wife had a argument last night, and I ended up yelling at her. She yelled back as well. I did not touch her. Today morning, when I came to office, I received a call from the Cops, that your wife h...

    Vijay’s Answer

    Do NOT speak with law enforcement at all. Do NOT speak with anyone except a criminal attorney in private about this very serious matter. Yes, a domestic violence case can have terrible immigration consequences. You should not attempt to handle this yourself, you'll quite likely dig a deeper ditch. You need to find an attorney that can fight this case asap so you can keep a clean record and avoid permanent and devastating immigration consequences. All the best

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