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Vijay Dinakar
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Vijay Dinakar’s Answers

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  • Can I still be charged with embezzlement if I have in writing they will accept repayment and they continued to employ me?

    I embezzled money from my job, was fired, but was told they wouldn't charge me if I continued to cooperate and help them out until they found a suitable replacement, which I did. I was asked to give them a repayment plan, which I did, and have be...

    Vijay’s Answer

    You owe it to yourself to consult with a criminal attorney regarding what you allegedly did. As all other attorneys have correctly pointed out, it's not up to your employer whether to file charges, that decision rests with the County District Attorney's Office (or if the amount in question is very substantial this could be handled by the Federal Prosecutor). The fact that you appear to have arrived at some kind of "agreement" with your employer will certainly help you but was this reduced to writing, what did you admit to, etc? Optimally, you should have immediately consulted an attorney when you were first confronted with allegations of embezzlement by your employer, The attorney could have arrived at an employment agreement where allegations could have resulted in a settlement without you admitting any wrongdoing and a non-disclosure agreement. At this point, you should consult an attorney for a present diagnosis and to put you on the correct track to avoid any criminal charges. All the best.

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  • How might a situation like this play out

    My husband was recently charged with Homicide, but it is on video that it was self defense. I have sent inquiries to a few attorneys, but I just need a little reassurance I guess on how the process and outcome can go.

    Vijay’s Answer

    Bluntly, the fact that this incident was captured on video may be your husband's saving grace or a nail in his coffin. That's because the homicide was (apparently) inarguably committed by your husband so his only defense would be self defense. Your husband's actions and statements before and after the incident are of critical importance in determining whether the government can prove beyond a reasonable doubt that the killing was not done in self defense. The immediate physical threat that your husband faced when he used deadly force will examined. At this point, the government has already determined that your husband's use of deadly force was not a legally justified instance self defense (or defense of another). Therefore your husband must mount a vigorous fight against these most serious criminal charges. I know you want reasssurance but you should not have any allusions, your husband is involved in a battle for his life. That said, many people win self defense trials (or have murder charges dismissed prior to trial following defense investigation). Nobody here will know the strength or weakness of your husband's case but we all will recommend that your husband must obtain an attorney and begin fighting this case as soon as possible. In passing I will mention that I assume that your husband is in custody, please understand and warn your husband that all his phone calls are recorded and will be reviewed by the district attorney so he must not speak about anything related to this case via phone. All the best.

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  • Why was I given the equivalent of a DUI for my Wet Reckless for multiple things. (Over fined, wrong driving program, probation.)

    Was convicted in Palo Alto for a wet reckless 23103.5. (a). Was fined over $2000, when I research max fine for wet reckless, its only up to $1000. I was also given 3 month DUI course, but being that I was convicted of a wet reckless and not a DUI...

    Vijay’s Answer

    Keep in mind that each case and each case settlement is individual. Perhaps your case was a very "borderline" wet reckless case in that the DA was very reluctant to offer you a wet reckless unless you agreed to terms that more often accompany a standard DUI plea. Often, though not always, a 2 year probation term is standard for a wet-reckless in Santa Clara but certainly there is nothing in statute that mandates a 2 vs. 3 year probation term. The fine amount for a wet reckless vs DUI is also significantly lower on a "standard" first time plea but again no case is really "standard" and each case can and is plead individually per the individual facts. To answer your question, you have virtually no chance to get money back you paid as a result of a legally imposed plea bargain where a fine was imposed (you can also not get back time you sat in a 3 month course vs the shorter course). Really these are questions that should be posed to the attorney that handled your plea if you have specific questions, we simply don't have access to all the documents and facts which are required to render a fully accurate answer. All the best.

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  • Can an officer share information from a case or from an interrogation with anyone? Or even with a suspected suspect?

    I don't know if im asking this right hopefully it makes sense.

    Vijay’s Answer

    There is no privilege between an officer and anyone they obtain a statement from so the answer to your question is that an officer 'can' "share information from a case or from an interrogation with anyone." Whether the officer will, in practice, reveal the content of interrogation with anyone will depend on whether doing so will help him/her to solidify an arrest/prosecution. The goal of law enforcement officers is to investigate and obtain evidence sufficient for arrest and conviction. If one seeks to avoid being arrested or convicted of a crime, one should never talk to police. Talking to police can lead to false confessions, arrests, and convictions. Talking to police can cause irreversible damage to one's life and liberty that sometimes can't be remedied even by the best criminal attorney. If you a minority, cognitively disabled, or a juvenile talking to police can be an even more dangerous proposition than it would be for a well dressed middle aged white male professional. All the best.

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  • Accused of rape

    I am 17, accused of having sex with a girl, who was drunk and 16. I am in nys what charges am I facing? I was told rape 3rd. is there any other charges I am facing

    Vijay’s Answer

    I do not practice in your state but I can tell you that you should not speak to anyone about this matter - friend, enemy, teacher, parent, cop, - except a criminal attorney in private. You should run not walk to a NYS criminal attorney's office for a thorough consultation. Under no circumstances should you utter so much as a syllable to a law enforcement officer except that you will not answer any questions about anything and want an attorney. Also be wary if someone identifying herself as the alleged victim calls you, it maybe a pre-text call intended to obtain an incriminating statement from you. I know you must be scared out of your mind given your age and the serious nature of the allegations, but you must retain an attorney and not talk about this incident with anyone else. There are many experienced criminal attorneys in your area who can help you. Do ask your parents to pay for an attorney but do not discuss the facts of the allegation with them. If you can't afford an attorney, an attorney will be appointed for you but only after you are charged. Again, whether you are simply being investigated or have already been arrested and formally charged, you need experienced counsel to guide you through this process. Asking an question on this forum will not be very helpful, you need a real live criminal attorney asap. All the best.

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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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