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Vijay Dinakar
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Vijay Dinakar’s Answers

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  • What are the consequences for perjury by a party's attorney, NOT the other party, if proven to the judge in a case?>

    I realize people lie all the time in family law but are their consequences to an attorney, other than sanctions, if that attorney says in a document that notice was given and was not. It can also be proven false as well. Does it potentially start...

    Vijay’s Answer

    Perjury is ubiquitous, difficult to prove, and seldom prosecuted. However, nobody here knows the underlying facts of your case or whether anyone - attorney or non-attorney - did anything unethical, illegal, or improper. Proving perjury is not simply a matter of proving that oral or written statements can be proven false by reference to other inconsistent material or the like, there is an intent element and oftentimes parties or their representatives can put forth claims that are incorrect or mistaken but this is not the same as criminal perjury. You are probably best advised to focus on substantive matters in your case, rather than whether or when you were properly served by opposing party's counsel. On this issue, you are further advised that self representation puts you at an extreme disadvantage because the judge - whether fair or not - will tend to believe and be sympathetic to the arguments of counsel vs. a non-represented party. All the best in your case.

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  • Am I correct in believing that I do not have to disclose those dismissed cases?

    I have a couple of arrests that ended with a disposition of dismissed on my record. I need to renew my teaching credential and below are the directions on what I have to disclose. Disclose: All misdemeanor or felony criminal convictions inclu...

    Vijay’s Answer

    1203.4 dismissals remove nothing from your record but simply add "dismissal" to the record. State licensing boards are not barred by 1203.4 (or any other California statute) - as California employers are - from considering dismissed convictions, arrests, or "acts" not leading to arrest to determine if you meet the licensing board's threshold for good moral character. You should hire a licensing attorney, I recommend Christine McCall. Since you say you are merely renewing your credential as opposed to applying for the first time, I believe the questions and standard is different (in a way that is beneficial to the applicant). Best of luck.

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  • What happens if I got a petty theft citation?

    I live in California and today I received a petty theft citation (PC 488a). The amount stolen was $90. I have never been arrested or convicted of anything before. My record is clean. Is it possible I can get the charges dropped? If not, what is go...

    Vijay’s Answer

    You should hire an attorney to fight this case as soon as possible. Petty theft is not taken lightly in Alameda County. Petty theft is a misdemeanor offense but an attorney can work to keep your record clean.

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  • Is there any reason I shouldnt sign a property reclaim confirm form if I've only received partial property back from the police?

    During my arrest they took everything in my possession but only returned 30% of everything and retained the rest "for evidence" with no indication of timeline or intent to return any of my expensive belongings. 3 part question of the top of my...

    Vijay’s Answer

    Have your attorney bring a return of property motion in court for you. Often, if the property really has nothing to do with the criminal allegations against you, the District Attorney will not oppose your motion in which case the property will be returned to you. All the best.

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  • How do you hold an arresting officer accountable for destroyed or lost property and injuries during an arrest?

    when should you bring up the fact that the police officer smashed your phone screen during an arrest? before the arraignment, during, or after? What about property that was seize, but rightfully yours and lost by them? How about injuries?

    Vijay’s Answer

    As other attorneys here have mentioned, "you" should not bring the facts of the case up at, during, or after the arraignment -- that is something your attorney should bring up at the appropriate and in the proper manner. Since you were injured, you may also have grounds for bringing a civil suit against the officer and government but there are very strict time limits regarding this. You must hire a competent criminal attorney to fight for your rights . All the best.

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  • How long does it take to get this dangerous man off the streets?

    Who do I call to turn in someone that has violated there parole.

    Vijay’s Answer

    I believe you can call 911 if its an emergency. Otherwise, you can call the non-emergency number for your local police or sheriff. It's unclear what if any crime has been committed but you are always free to report crime when you've witnessed it. All the best.

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  • Can I serve a meet & confer letter to ex and not violate dvro against me if the address on her court docs is a po box?

    Ex gof a dvro against me just prior to serving me with divorce papers. I'm trying to do discovery and she blew off the deadline for form interrogatories I had served to her po box (by mail via a third party). It's the only address the court has. I...

    Vijay’s Answer

    Your query raises many problems associated with self-representation. An attorney is not restrained, as you are, from contacting the opposing party. The opposing party is free to invent new stories about you contacting her by mail, facebook, or otherwise which the court may use against you in. Be very careful with such restraining orders, they're taken seriously by courts and the police. Hire an attorney to accomplish your goals. All the best.

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  • Can i hire a lawyer just strickly to cross examine a witness in trail

    its a homicide case

    Vijay’s Answer

    It sounds like you are accused of "homicide" and are currently representing yourself pro per. You ask whether you can hire an attorney (to act as 'co-counsel') strictly to cross examine a single witness. It seems clear that if you are indigent and choose to represent yourself in a capital case but request that the court appoint 'advisory counsel', the court should appoint such counsel if the court concludes that you intelligently waived your right to counsel but that you lack the skill to defend the case. People v Bigelow (1984) 37 3d 731; Faretta v California (1975) 422 US 806. However, in a non-capital case, there doesn't appear to be any such requirement to appoint advisory counsel. People v Harrison (2013) 215 CA4th. It's unclear if your case is a capital case but your question relates not to a request to appoint (or hire) advisory counsel (or 'standby counsel' who attends trial and is prepared to step in as the attorney during trial in the event defendant withdraws his request for self-representation) but a request to appoint (or hire) 'co-counsel', who acts as a normal co-counsel would act in that he/she may: advise, assist, handle most of the case, or "strictly cross examine a (single) witness in trial". On this question, it appears that there is no constitutionally guaranteed right for you to act as a [defendant] 'co-counsel' with another attorney but the court may permit you to do so. People v. Kirkpatrick (1994) 7 C4th 988; People v Crabtree (2009) 169 CA4th 1293. However, the court should not permit such an arrangement, "except upon a substantial showing that it will 'promote justice and judicial efficiency in the particular case'." The burden would be on you to make this showing and "whether a professionally represented defendant may participate in the presentation of the case is a matter within the sound discretion of the trial judge." People v. Miranda (1987) 44 Cal. 3d 57. Additionally, many attorneys would refuse to participate in the professionally and ethically compromised position of 'co-counsel' to a criminal defendant in a homicide case. However, since you've said that you wish to "hire" a lawyer, it's likely you could find someone to perform this role (though it's doubtful a trial judge would approve of this arrangement given the high standard that you'd have to demonstrate). All the best.

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  • Prop 36 problems..

    I am in drug court, prop 36, and My last arrest after going on the run and getting caught on my warrant, I got news drug charges and it was in south county. My drug court is in Santa Clara county, and since I Also got charged with giving false in...

    Vijay’s Answer

    Nobody here can provide a sufficiently detailed or accurate answer based on the limited facts supplied in the question. If you already have an attorney tell him/her everything and follow their advice; if you don't have an attorney, hire one; if you can't afford to hire an attorney, place yourself on calendar and request the public defender. It's good that you're taking the first step in trying to move forward to clear these warrants. It sounds like you have health problem called drug addiction which in a civilized country would be treated by a functioning health system. While some modest steps have been taken and California is by no means as draconian as other states in this realm, you still live in the global epicenter of the insane war on drugs where the chemically dependent are threatened with jail or actually incarcerated, forced to register as drug offenders, and branded with lifelong criminal records preventing them from being employed. This punitive (and expensive) regime exists alongside a dysfunctional (and expensive) health care system that is often inaccessible to the chemically dependent. All of the above said, you are best advised in this system to keep your head down, follow orders from the government, "graduate through" the punitive system by playing by their rules and coming across as obedient, stay clean and sober for your life, and avoiding law enforcement and the courts like the plague. All the best.

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  • Is it illegal for a judge to knowingly sentence a defendant to a place where the judge knows the offender will be raped?

    In this case the judge didn't sentence the defendant to prison. But if she had KNOWINGLY sentenced him to a prison where by her own volition is a place where he would be "raped daily", could it technically be cruel and unusual punishment or maybe ...

    Vijay’s Answer

    The answer to your question is no. Upon the judge's belief and statement that prison is a place where the sentenced defendant would be "raped daily", the sentence would not then be deemed "cruel and unusual punishment" in violation of the 8th Amendment or somehow render the judge "accessory to rape". That said, a statement like this by a judge to a defendant headed to prison would certainly be inappropriate. Additionally, the statement would likely be an exaggeration, at least according to the best data available on this question. A DOJ report titled "Sexual Victimization in Prisons and Jails Reported by Inmates" reported that in 2011-12, "an estimated 4.0% of state and federal prison inmates and 3.2% of jail inmates reported experiencing one or more incidents of sexual victimization by another inmate or facility staff in the past 12 months or since admission to the facility, if less than 12 months." While these numbers are terrible and way too high, they don't support the proposition that a random defendant sentenced to prison (or jail) will be "raped daily". On the other hand, it is almost certainly the case that inmates are not randomly selected for rape and one's physical size and fighting ability, gang affiliation, criminal record, and other factors affect one's risk of being raped. Suffice to say that American jails and prisons are terrible and overcrowded places, and they are terrible and overcrowded in comparison to other similarly situated foreign countries which generally treat convicted persons in more humane ways.

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