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Gilberto Benito Vega

Gilberto Vega’s Answers

432 total


  • 14 year old girl fighting getting a citation by school police what are her rights

    a 18 year old "Friend" convinced my 14 yr old daughter to beat up some girl. the police are coming to the house to serve a citation, what should i do.

    Gilberto’s Answer

    You should hire an attorney for your daughter now. It appears that your daughter may be receiving a summons to appear in juvenile court for some sort of battery or more serious charge. Feel free to contact my office I practice regularly in Sacramento juvenile court. Good luck.

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  • Back in 2009 my husband and i got into a heated argument, law was called to mediate the situation, no violence involved!

    cops did give me a temporary protection order and i went to court and told the judge there was no violence involved, the protection order was dropped, my husband was serving a prison sentence for a different case, and one of his convictions was i...

    Gilberto’s Answer

    It depends greatly on whether your husband got a no strike or no contact order regarding you. You should contact the attorney who represented your husband to specifically get the correct answer. If it is a no strike order, then you can live with him without violating his probation or court order. If it is no contact, then you need to have an attorney place your husband's matter on calendar with the criminal court and request a sentencing modification. Good luck.

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  • Had my felonies exponged.. How do I restore my rights fully?

    Non violent convictoins

    Gilberto’s Answer

    I'm assuming you are speaking of your "right" to own of possess a firearm and/or your right to vote. As for the firearm, Federal and Californian legislation still prohibits you from owning or possessing a firearm for life. An expungement in California does not completely eliminate the last conviction, just shows it was dismissed at a later date.

    As for the voting right, there are mechanisms to restore voting rights after an expungement in California. I recommend contacting a civil rights attorney to more specifically deal with the restoration of voting rights in California. Good luck.

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  • Do i have to say i was convicted of a crime if it was only an infraction?

    The job app just says. ''Have you ever been convicted of a crime including guilty and nolo contendere pleas.'' So what i would like to know is if i have to disclose that i have a infraction from petty theft. It was only a 75 dollar fine and this w...

    Gilberto’s Answer

    Most job applications will ask the applicant to ignore infractions. However, in this case it does not. Unfortunately, with the infraction, even without jail time, you still do have a crime in your past and would have to truthfully say yes. Good luck.

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  • Can this be used against me?

    I had the cops called on me. They came to the scene. They began to question me about vandalism, and i admitted to it. They later told me I was going to be arrested. I was never read my miranda rights? can they use my confession against me? Althoug...

    Gilberto’s Answer

    There is a little misunderstood nuance to the rights warning with which most Americans are familiar. The police only have to read you your rights when they are conducting a "custodial interrogation". That is, you are in custody (or the functional equivalent) and the police are interrogating you.

    From what you posted, it seems that you actually called the police, which is a very harmful fact towards arguing you were in custody at the time. Additionally, it appears you also confessed without any questioning. However, even if you confessed by responding to a question, it may not be considered an interrogation. You should consult an attorney in person for a more detailed analysis of your situation. Good luck.

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  • What is pc69 and pc667.5(b)

    kids father is a 2 strike felon charged with pc69, pc667.5 (b), pc186.22 (a), pc667 (a)(1), and pc243(C) (2), also HS11378, what is all these codes and what time is he possibly looking at.

    Gilberto’s Answer

    The defendant is facing very, very serious charges. He is facing battery upon a peace officer (PC 243), resisting an executive officer (PC 69), criminal street gang enhancement (PC 186.22(a) - up to three years additionally) drug charges (HS 11378 -felony), prior prison time enhancement (PC 667.5(b) and a prior serious conviction enhancement (PC 667 (a)1 -mandatory 5 years addition).

    This is a rough estimate, but the defendant's total exposure may be north of 15 -18 years. His best bet is to contact and hire and attorney NOW. I do not practice in the area, but I highly recomend a private attorney. Good luck.

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  • Ok let me add detail what are the chances of being found guilty for having sex with my 17 year old girlfriend?

    When this all happened i was 18 now I'm 19. Well she said she was 18 and I went over to her house we were in my car just kissing and touching but not having sex when her father came out calling the police and that's when I found out she was 17. Th...

    Gilberto’s Answer

    There are many different types of sexual offenses in California which do not required PC 290 registration. These are commonly called Romeo and Juliet laws and deal with two parties who are generally both under age, but they can also be used for people who are generally within three years of each other.

    Since you are only just barely 18 and she is 17, absent any other ugly facts, the only real evidence against you is the father who will falsely state he saw you have sex and your statement which the DA will try and use against you. You need to contact a private attorney now to discuss this matter. Please feel free to contact my office. I do the occasional case in San Mateo. Good luck.

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  • MY 17 YR OLD PLEAD GUILTY TO 23136(A)VC. DMV SUSPD LIC FOR 1 YR. JUVENILE PROBATION SUSPENDED IT FOR 2 MORE MOS.IS THAT LEGAL?

    DOES JUVENILE PROBATION HAVE THE AUTHORITY TO SUSPEND A DRIVERS LICENSE FOR 1 YEAR FROM CONVICTION OF A 23136(A)VC? DMV SUSPENDED IT FOR 1 YEAR -BEGINNING 30 DAYS AFTER VIOLATION(ADMIN PER SE). ZERO TOLERANCE. I UNDERSTAND THIS. BUT DURING THE HEA...

    Gilberto’s Answer

    While I don't have the exact authority code number memorized, the juvenile court has its own authority, separate from the DMV. your son is facing two separate sources of authority: the criminal justice system (juvenile court) and the licensing, administrative authority, represented by the DMV. in short, yes, everything you described is legal and is done many times a day in California. Good luck.

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  • If two kids were throwing a football and one threw it way over the other ones head and it broke a headlight whose fault is it?

    It was a football

    Gilberto’s Answer

    Seriously? How could it be anyone else's faulty an the person who threw the ball?

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  • Do I have to prove my innocence?

    This is an update of my previous question posted here: http://www.avvo.com/legal-answers/should-i-be-worried-about-the-citation-i-received--1032720.html. I decided to fight the ticket, and I will be appearing in court for my arraignment in May. Af...

    Gilberto’s Answer

    If you are facing a misdemeanor with possible jail time (should be 6 months). You will be assigned a public defender. Contrary to common belief, these attorneys are very skilled and qualified, just overworked. If you can, you should hire private counsel, but the PDs exist for a reason. Good luck.

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