◈ Homepage — http://www.vijaylaw.com/CALL US:  (408) 275-2307   REQUEST A CONSULTATION →   Skip to content Home About Me Practices Area Q&A Contact Me VIJAY = VICTORY Vijay Dinakar Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences of Criminal Cases See more → Restraining Orders Domestic Violence Restraining Orders (DVRO) See more → REQUEST A CONSULTATION Fill out the form below to receive a confidential initial consultation. Subject: Criminal Defense Family Law Civil Law Other – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307 Get In Touch  → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law               ◈ Interior Pages — 25 pages crawledBay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Restraining Orders    Domestic Violence Restraining Orders (DVRO) Anyone in a current or former dating relationship in California can seek a domestic violence restraining order (DVRO) against his/her spouse, co-habitant, or intimate partner. read more >> – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       San Jose Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me VIJAY = VICTORY Vijay Dinakar About Me REQUEST A CONSULTATION → Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences of Criminal Cases See more → Restraining Orders Domestic Violence Restraining Orders (DVRO) See more → REQUEST A CONSULTATION Fill out the form below to receive a confidential initial consultation. Subject: Criminal Defense Family Law Civil Law Other – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Get In Touch  MONDAY-SUNDAY: 8:00 AM – 10:00 PM  255 North Market Street, Suite 280, San Jose, CA 95110 Map →  Tel: (408) 275-2307    REQUEST A CONSULTATION Fill out the form below to receive a confidential initial consultation. Subject: Criminal Defense Family Law Civil Law Other – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Get In Touch  MONDAY-SUNDAY: 8:00 AM – 10:00 PM  255 North Market Street, Suite 280, San Jose, CA 95110 Map →  Tel: (408) 275-2307    REQUEST A CONSULTATION Fill out the form below to receive a confidential initial consultation. Subject: Criminal Defense Family Law Civil Law Other – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Immigration Consequences Of Criminal Cases Immigrants face special problems and issues when faced with a criminal allegation that U.S. citizens do not face.  Many crimes can make an immigrant subject to immediate deportation and it is vitally important that such an immigrant immediately hire a skilled criminal attorney who is expert in the area of immigration consequences of criminal convictions. I have represented hundreds of immigrant clients and have extensive experience in this area that is matched by only a select few attorneys.  Many criminal attorneys don’t know anything about immigration law or the immigration consequences of criminal convictions.  Similarly, many immigration attorneys don’t know anything about criminal law and don’t possess the specialized knowledge required to properly represent the criminally accused immigrant.  I am an expert in this area and understand what, if any, immigration consequences will likely accompany a criminal accusation for the immigrant client. I also understand how to creatively avoid immigration consequences even in the seemingly hopeless cases. I was born and raised in the U.S. in New York, but I come from an immigrant family from India. I understand the special challenges and issues that an immigrant often encounters in the criminal justice system that a native U.S. citizen often does not.  For one thing, the immigrant simply does not understand how the U.S. criminal justice system operates and is more familiar with his/her native justice system which is often quite unlike the U.S system.  Additionally, he/she is often shocked at how severely punitive the U.S. justice system and doesn’t understand how seemingly “petty” crime like domestic violence or simple theft can make him/her deportable. I understand that many immigrants to the Bay Area have spent a lifetime of hard work and dedication to qualify to come to the U.S. and it is my focused goal to keep all of my clients in the U.S. with a clean record. If you are an immigrant who wants victory in your criminal case, call Vijay Law for a consultation @ (408) 313-5607. – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me DUIs   Driving under the influence or DUI in California generally involves operating a motor vehicle while being “under the influence” of alcohol, drugs or both.  However, DUI law is a very technical and science intensive area of law and it is simply not the case that “drinking and driving” is illegal.  There are many defenses available in a DUI case and nobody arrested for DUI should simply assume they are “guilty” because they allegedly tested above a certain blood alcohol threshold.  Not properly fighting a DUI allegation could lead to loss of license, loss of employment, potential jail time, and potential immigration problems in certain cases. The first thing to understand about a DUI in California is that are two basic processes following a DUI arrest: the criminal court process (which potentially issues criminal penalties and affects one’s criminal record); and the DMV process (which controls one’s legal privilege to operate a motor vehicle following a DUI allegation). Generally, when someone is arrested for a DUI, the prosecutor will charge two different but related offenses: California Vehicle Code Section 23152(a) and California Penal Code Section 23152(b). The “(a) count” relates to an allegation of someone driving “under the influence of alcohol”, regardless of the actual measured level of alcohol as revealed by a breathalyzer or blood test. So, it is possible, in theory, to be guilty of 23152(a) even if the measured blood alcohol level is below the legal limit (which is 0.08) and it is also possible to be not guilty of 23152(a) even if the measured blood alcohol level is at least 0.08.  “Under the influence” of alcohol basically means you are objectively too intoxicated to safely operate a motor vehicle.  This is proven by looking at “objective” symptoms of intoxication including but not limited to: one’s ability to follow and understand instructions, ability to perform various “field sobriety tests”, unsteady gait in walking, slurred speech, pupil dilation and behavior, and many other factors. To be clear, the “science” related to objective symptoms of intoxication is a matter of extreme debate to say the least and I regularly employ some the best experts in the field to prove that allegations related to California Vehicle Code 23152(a) are unproven or totally bogus. The other common charge in DUI prosecutions is California Vehicle Code Section 23152(b) which relates to a “per se” violation of a California DUI law because your blood alcohol level is alleged to be at or in excess of 0.08 blood alcohol by volume.  One’s blood alcohol level is measured either by use of a breathalyzer or a blood test following arrest.  There are many problems and technical complications with both methods of testing.  Suffice to say that the mere “fact” that your blood alcohol level when tested is alleged to be at a certain level does not begin to prove that when driving your blood alcohol level was at or in excess of 0.08 by volume. One basic issue that often arises in defense of 23152(b) cases is that it is not a violation of law to be tested with a blood alcohol level at or in excess of 0.08; it is a violation of law to drive at or in excess of 0.08.  The difference is subtle but often very important: alcohol blood levels rise and fall following consumption in relatively predictable ways if one knows when and how much alcohol one consumed but there is no reliable to know the timing of the arrestee’s drinking pattern, so it is as possible that one’s blood alcohol is still “rising” as opposed to “falling” after being pulled over for a DUI.  Thus, one’s measured alcohol test, often conducted over an hour after driving, may overestimate one’s blood alcohol level at the time of driving. I have been very successful, through the use of experts, in utilizing the “rising blood alcohol defense” to have charges dismissed or reduced.  There are many other potential defenses to DUI, all of which I have successfully raised at the pre-trial as well as the trial stage in successful representation of DUI cases. With regard to the DMV, an arrestee is usually issued a temporary license following a DUI arrest that lasts for only 30 days.  Someone arrested for a DUI should immediately contact an attorney so that he can schedule a DMV within 10 days, otherwise the arrestee will face automatic license suspension which can have devastating consequences for one’s job.  Once the DMV hearing is scheduled, the DMV will consider much the same issues that the criminal court does with regard to the DUI.  Basically, the DMV will consider whether the stop or detention was legal and whether the arrestee’s blood alcohol level was at or above 0.08 alcohol by volume. I have extensive knowledge and experience in the area of DUI.  I have handled thousands of DUI cases from basic first time DUIs, multiple DUIs, DUI with injury, and DUI with death.  It is extremely important that everyone arrested for DUI take a DUI seriously and hire an attorney who is committed to keeping up to date on the changing science related DUI, has a network of DUI experts who can help with the science of DUI, and who has done plenty of DUI trials.  Additionally, I am very experienced in avoiding any immigration and job consequences that can result from a DUI arrest. All DUIs should be fought vigorously with the intent to achieve a good outcome. If you want to achieve victory in your DUI case, call Vijay Law for a consultation @ (408) 313-5607.   – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Immigration Consequences Of Criminal Cases Immigrants face special problems and issues when faced with a criminal allegation that U.S. citizens do not face.  Many crimes can make an immigrant subject to immediate deportation and it is vitally important that such an immigrant immediately hire a skilled criminal attorney who is expert in the area of immigration consequences of criminal convictions. I have represented hundreds of immigrant clients and have extensive experience in this area that is matched by only a select few attorneys.  Many criminal attorneys don’t know anything about immigration law or the immigration consequences of criminal convictions.  Similarly, many immigration attorneys don’t know anything about criminal law and don’t possess the specialized knowledge required to properly represent the criminally accused immigrant.  I am an expert in this area and understand what, if any, immigration consequences will likely accompany a criminal accusation for the immigrant client. I also understand how to creatively avoid immigration consequences even in the seemingly hopeless cases. I was born and raised in the U.S. in New York, but I come from an immigrant family from India. I understand the special challenges and issues that an immigrant often encounters in the criminal justice system that a native U.S. citizen often does not.  For one thing, the immigrant simply does not understand how the U.S. criminal justice system operates and is more familiar with his/her native justice system which is often quite unlike the U.S system.  Additionally, he/she is often shocked at how severely punitive the U.S. justice system and doesn’t understand how seemingly “petty” crime like domestic violence or simple theft can make him/her deportable. I understand that many immigrants to the Bay Area have spent a lifetime of hard work and dedication to qualify to come to the U.S. and it is my focused goal to keep all of my clients in the U.S. with a clean record. If you are an immigrant who wants victory in your criminal case, call Vijay Law for a consultation @ (408) 313-5607. – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Criminal Defense  Domestic Violence Domestic violence in California involves any harmful or offensive touching of a spouse, intimate partner, or co-habitant. read more >>  DUIs Driving under the influence or DUI in California generally involves operating a motor vehicle while being “under the influence” of alcohol, drugs or both. read more >>  Theft Crimes Theft basically involves the taking of another person or business’ property without permission. read more >>  Serious & Violent Felonies In general, a California crime allegation can be classified either as a misdemeanor or a felony. read more >>  Immigration Consequences Of Criminal Convictions Immigrants face special problems and issues when faced with a criminal allegation that U.S. citizens do not face. read more >> – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me QUESTIONS & ANSWERS Subject: Criminal Defense Family Law Civil Law Other – OR – FREQUENTLY ASKED QUESTIONS: Q Will Vijay Dinakar individually handle my case or will he refer it to another attorney or associate to handle? A I, Vijay Dinakar, will personally handle every case at the firm from start to finish. While I have a competent staff assisting me and have a large network of experts, I take a personal approach to all cases and intentionally limit my case load, so I will be available to all my clients. Q What are your fees? A Every case is different, and I generally don’t discuss fees over the phone or online. Please contact my office for a consultation so I can learn more about your case Q Do you have experience representing immigrants accused of crimes? A I have expert ability in representing the immigrant who is accused of a crime and have an extensive track record of avoiding any immigration consequences in criminal cases. I have handled very serious criminal matters involving immigrants while avoiding any immigration consequences. Q Do you handle any other kinds of cases besides criminal cases? A Yes, I handle family law cases and restraining orders. I may handle select other kinds of cases, call my office to find out. Q Why would I want to hire a criminal trial attorney for my family law, domestic violence restraining order case? A My record and ability as a trial attorney gives me an edge over less trial capable family and civil attorneys. Often the best settlement can be achieved through properly preparing a case for trial. If a reasonable settlement offer doesn’t come before trial, I am willing to go to trial and succeed. Q How can you represent “those people” accused of crimes? A This is what criminal defense attorneys are commonly asked by friends, family, and others at social gatherings. It results from a fundamental misunderstanding of the role that a criminal defense attorney plays in America which has an adversarial system. First, I make no apologies to anyone about what I do, I proudly represent the criminally accused against the extraordinary and awesome power of the government. Everyone in America accused of a crime is presumed innocent and it is the absolute burden of the government to prove each element of the criminal offense beyond a reasonable doubt. If there are not zealous and competent criminal attorneys willing and able to hold the government to this standard of proof, the burden of proof and presumption of innocence becomes mere verbiage and the government is able to jail persons much more easily. Inevitably this will mean more innocent people wrongfully accused and wrongfully convicted. One need only look at the last couple decades with DNA exonerations to understand that the U.S. system is far from perfect in not wrongfully convicting the innocent. America needs more and better criminal defense attorneys who are willing and able to fight the state if the U.S. is to cease be the leading incarcerator in the world. Q Should I just go with the public defender or should I try to hire an attorney? A I was a public defender for 6 years. Some of the best, most principled attorneys can be found working as public defenders. The only downside to the public defenders offices is that all public defenders have enormous caseloads because so many people can’t afford to hire an attorney. This will often mean that you will have little if any communication with your assigned public defender until each court hearing. At that court hearing, you will be one of many clients the public defender will be representing that day. So, a very real benefit of hiring a private attorney is that you will get more personalized attention and communication regarding your case outside of court. Also, rather than being randomly assigned a public defender, you will be able to select your attorney if you are hiring the attorney. Q I spoke to an attorney who said he knows all the prosecutors and he/she guarantees this case will not be filed or will be dismissed. Should I believe this? A Absolutely not, you should run for the hills if any attorney unethically makes any guarantee about an outcome in a criminal case. It is unethical to make any guarantees about outcomes in a criminal case. The only guarantee that I make is that if you hire me I will do my utmost and use all my skill and ability to achieve victory in your case. Q Are there any criminal cases your firm will not handle? A No. Our firm handles all misdemeanor and felony cases. We do not handle traffic tickets. Q How should I decide which attorney to hire, there are so many attorneys and the process seems confusing? A This is a difficult question. I think basically you should meet the attorney and hire an attorney that you trust, feel comfortable with, who you feel is competent, and will give his all to fight for you. Q Are there any guarantees if I hire you? A The only guarantee that I offer is that I will use all my ability and skill to try to achieve victory for you in your case. Q What should I wear to court? A While there is no formal dress code in court, I always strongly advise all my male clients to wear a formal suit and tie and advise women to wear formal business attire. Essentially a client should dress as their attorney dresses. It should not make a difference, but it can’t hurt, and it may help in a marginal way. Q Should I hire an aggressive trial attorney even if I don’t want to go to trial and just want the best plea bargain possible? A The best settlement offers in legal cases are achieved through leverage. If the opponent doesn’t fear that you are willing to go trial and win, your leverage decreases and his increases. Attorneys who are nice and friendly to the prosecutors but who are unwilling to go to trial may get treated well by the prosecutors, but they won’t achieve superior plea bargains because the prosecutors know there is no reason to offer a good plea bargain if the defense is unwilling to go to trial. Even if you don’t want to trial, you should hire the best trial attorney you can if you want a good negotiated settlement. I am a very good negotiator, but I obtain the best settlement offers when we are willing and ready to go to trial and achieve victory. Q My friend or family member was just arrested for a crime, what should I do now to help them? A You should call a competent criminal attorney. The first priority is getting your loved one released from jail, usually that will happen by posting bail. I have good relations with all the bail agents in the Bay Area and will be able to get a lower rate than if you obtain bail without an attorney. Once your loved one is released from jail, he/she should formally hire a competent criminal attorney. Q I was just arrested for a crime what should I do now? A If it’s not too late, you should not utter so much as a syllable to law enforcement. If you are still in jail, you should try to arrange bail for your release. If you are already out of jail, you should hire a competent criminal defense attorney. Q I was contacted by law enforcement and they said they “just had a few questions.” Should I agree to an interview? Won’t I look guilty if I don’t talk to them? A You should never ever talk to any law enforcement agent reason for any reason whatsoever. You gain nothing by doing so and risk much, basically you risk going to jail. If confronted by law enforcement whether in person, by phone or otherwise you should say nothing except you want an attorney, will not talk and then remain completely silent. Y Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Get In Touch  MONDAY-SUNDAY: 8:00 AM – 10:00 PM  255 North Market Street, Suite 280, San Jose, CA 95110 Map →  Tel: (408) 275-2307    REQUEST A CONSULTATION Fill out the form below to receive a confidential initial consultation. Subject: Criminal Defense Family Law Civil Law Other – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Domestic Violence   Domestic violence in California involves any harmful or offensive touching of a spouse, intimate partner, or co-habitant.  Any arrest for a domestic violence related offense is a very serious crime and should not be taken lightly.  An arrest can lead to jail time and or loss of employment.  If you are an immigrant, the consequences could be even more severe, leading to mandatory deportation if your case is not handled properly. Most domestic violence reports to police obligate a “mandatory arrest” where police are compelled by law enforcement protocol to initiate an arrest of one of the two domestic partners regardless of the severity of the injury or whether the alleged victim wishes for an arrest or prosecution to occur.  Following an arrest, a police report is written and sent to the relevant District Attorney’s Office for review for prosecution.  Before this process proceeds too far, it is absolutely critical that anyone arrested for domestic violence immediately contact a competent aggressive attorney who can investigate the case, interview the alleged victim and any other witnesses, and attempt to convince the District Attorney not to file any case. I take an aggressive and proactive approach to dealing with all domestic violence arrests and have been very successful in convincing all of the Bay Area District Attorney’s Offices not to prosecute many domestic violence related arrests. If the case is filed for prosecution, then the court process begins and it is here where hiring an attorney with extensive knowledge of California domestic violence law and familiarity with the local Bay Area prosecutors is essential.  I regularly handle domestic cases in the following counties: Santa Clara, Alameda, San Mateo, Contra Costa and San Francisco. Although many domestic violence arrests do not proceed to jury trial because  either they are not filed for prosecution or are dismissed or resolved in court, it is advisable that anyone arrested for domestic violence hire an attorney with an extensive domestic violence jury trial record. After being hired for a domestic violence case, I immediately begin preparing the case as if the case will go to trial.  The reason for this is clear:  prosecutors give dismissals (or even refuse to prosecute) when they believe there is a high likelihood that if the case proceeds to trial, they will lose.  Losing at trial is the worst possible outcome for a prosecutor; he/she would much prefer to not file or dismiss a case rather than wasting county resources on a “loser case” which will lower their published trial statistics. All experienced prosecutors know which defense attorneys are willing and ready to go to trial and which defense attorneys never go to trial and simply operate high volume “plea bargain mills”.  Prosecutors offer the very best deals, including dismissals, to the best trial attorneys.  Do not believe an attorney who tells you that he/she will have a case dismissed because they are “golfing buddies with the head prosecutor.”  Hire the very best most aggressive trial attorney you can and prepare for a battle towards victory. I have handled literally thousands of domestic violence cases involving very slight touching (or mere threats to touch) to domestic violence involving murder.  When you are my client you are represented on a very personal basis as a brother or sister would be represented. If you desire victory in your domestic violence case, call Vijay Law for a consultation @ (408) 313-5607.   – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Serious & Violent Felonies   In general, a California crime allegation can be classified either as a misdemeanor or a felony.  This section deals with the most serious felony offenses where persons accused of these allegations face extensive potential jail or prison time.  Serious offenses like this include but are not limited to: aggravated child abuse, sex offenses, gang allegations, 3 strike offenses, and attempted and actual murder. Obviously there are many other offenses that also fit within this category of serious felonies but however serious the criminal allegation, you need to understand that these are just allegations and under the U.S. Constitution, the accused is absolutely presumed innocent and the government has the very difficult (and often insurmountable) task of proving each and every element of the allegation beyond a reasonable doubt, which is the highest standard of proof in the history of the world. While it is important to hire a competent and aggressive attorney even in the most minor criminal case, it is even more important to do so when the stakes are higher.  Many criminal attorneys claim that they will handle any kind of case but become reticent and unwilling to fight when faced with a serious case and often look for a plea bargain under very unfavorable terms to the client.  I enjoy handling the most serious cases possible and no case is too serious. I received extensive experience handling the most serious criminal cases during my 6 years as a public defender where I never shied away from any kind of criminal allegation no matter how serious, controversial, or allegedly heinous.  I am a “true believer” who isn’t a criminal defense attorney because I want to make money or because I reluctantly concede that in theory people deserve a basic defense against a criminal accusation. I believe and know that the only way to preserve individual liberty and to prevent a runaway police state, where false allegations can be made, is an extremely zealous and committed criminal defense attorney. The only thing standing between someone accused of a serious crime and decades or a lifetime in prison is a skilled and dedicated trial attorney who isn’t afraid to and in fact enjoys fighting the government. If you face a very serious criminal allegation, you need a fighter like me who will not simply lie down and capitulate to the government. If you want to achieve victory in your serious felony case, call Vijay Law for a consultation @ (408) 313-5607.   – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Theft Crimes Theft basically involves the taking of another person or business’ property without permission.  There are many kinds of theft-related crimes.  All these crimes are “serious” in that they uniformly involve allegations of “crimes involving moral turpitude” (CIMT).  CIMT crimes create very serious and sometimes devastating consequences for someone that is an immigrant, is involved in certain occupations or holds a professional license. While the direct criminal punishment consequences of a small theft or “petty theft” allegation are not normally that substantial relative to other criminal allegations, the “collateral consequences” of any theft-related offense on one’s immigration, job, or professional license can truly destroy a person’s life.  It is for this reason that all allegations of theft, no matter how allegedly trivial or “petty” should be vigorously fought and hopefully dismissed so there will be no collateral consequences. Within the category of theft, there are various specific allegations like: burglary, robbery, grand theft auto, embezzlement, grand theft, petty theft and other theft related offenses.  Each theft offense is different and may require somewhat different tactics and strategies to best achieve victory in the particular case, but all theft cases must be vigorously investigated, analyzed, and aggressively fought to avoid any punishment or job or immigration consequences. I have handled all kinds of theft-related cases from petty theft cases, to white collar embezzlement cases, to carjacking gang-related offenses and many other theft-related offenses.  I have represented many immigrants accused of theft-related offenses and have a very good record of having many of these allegations dismissed or reduced to non-theft related offenses with minimal or no punishment. If you want to achieve victory in your theft related allegation, call Vijay Law for a consultation @ (408) 313-5607. – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Domestic Violence   Domestic violence in California involves any harmful or offensive touching of a spouse, intimate partner, or co-habitant.  Any arrest for a domestic violence related offense is a very serious crime and should not be taken lightly.  An arrest can lead to jail time and or loss of employment.  If you are an immigrant, the consequences could be even more severe, leading to mandatory deportation if your case is not handled properly. Most domestic violence reports to police obligate a “mandatory arrest” where police are compelled by law enforcement protocol to initiate an arrest of one of the two domestic partners regardless of the severity of the injury or whether the alleged victim wishes for an arrest or prosecution to occur.  Following an arrest, a police report is written and sent to the relevant District Attorney’s Office for review for prosecution.  Before this process proceeds too far, it is absolutely critical that anyone arrested for domestic violence immediately contact a competent aggressive attorney who can investigate the case, interview the alleged victim and any other witnesses, and attempt to convince the District Attorney not to file any case. I take an aggressive and proactive approach to dealing with all domestic violence arrests and have been very successful in convincing all of the Bay Area District Attorney’s Offices not to prosecute many domestic violence related arrests. If the case is filed for prosecution, then the court process begins and it is here where hiring an attorney with extensive knowledge of California domestic violence law and familiarity with the local Bay Area prosecutors is essential.  I regularly handle domestic cases in the following counties: Santa Clara, Alameda, San Mateo, Contra Costa and San Francisco. Although many domestic violence arrests do not proceed to jury trial because  either they are not filed for prosecution or are dismissed or resolved in court, it is advisable that anyone arrested for domestic violence hire an attorney with an extensive domestic violence jury trial record. After being hired for a domestic violence case, I immediately begin preparing the case as if the case will go to trial.  The reason for this is clear:  prosecutors give dismissals (or even refuse to prosecute) when they believe there is a high likelihood that if the case proceeds to trial, they will lose.  Losing at trial is the worst possible outcome for a prosecutor; he/she would much prefer to not file or dismiss a case rather than wasting county resources on a “loser case” which will lower their published trial statistics. All experienced prosecutors know which defense attorneys are willing and ready to go to trial and which defense attorneys never go to trial and simply operate high volume “plea bargain mills”.  Prosecutors offer the very best deals, including dismissals, to the best trial attorneys.  Do not believe an attorney who tells you that he/she will have a case dismissed because they are “golfing buddies with the head prosecutor.”  Hire the very best most aggressive trial attorney you can and prepare for a battle towards victory. I have handled literally thousands of domestic violence cases involving very slight touching (or mere threats to touch) to domestic violence involving murder.  When you are my client you are represented on a very personal basis as a brother or sister would be represented. If you desire victory in your domestic violence case, call Vijay Law for a consultation @ (408) 313-5607.   – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Domestic Violence Restraining Orders (DVRO) Anyone in a current or former dating relationship in California can seek a domestic violence restraining order (DVRO) against his/her spouse, co-habitant, or intimate partner.  This restraining order is filed in family court and the person asking for the restraining order, the petitioner, must allege sufficient facts that show that he/she was “abused” as defined in the California Family Code. Basically, to get a DVRO someone must show that they were subjected to a harmful or offensive touching (or threat thereof); they were subjected to repeated or severe verbal abuse; they were harassed or stalked; or subjected to substantial property destruction.  The standard of proof in this family/civil matter is substantially lower than what is required in a criminal court.  The petitioner must only show by “a preponderance of the evidence” that they were subjected to domestic violence as defined under the family code.  DVROs can protect both men and women who have been subjected to domestic violence by their intimate partners. Additionally, obtaining a restraining order where the couple have a child in common will create a “rebuttable presumption” that the abusive intimate partner should not get legal custody which can have a major effect on a divorce case as it relates to child custody and child support.  Finally, a finding of domestic violence can be a factor to reduce or even eliminate spousal support. If you are defending against a DVRO, as the respondent, you face potentially serious and life altering consequences.  First, if a permanent restraining order is granted against you, you may have difficulty keeping or obtaining a job, may not be able to obtain certain professional licenses, and maybe at risk of arrest if the petitioner alleges that you came within a forbidden distance from him/her. You may also risk facing severely reduced time with your child as a result of a DVRO. Whether you are seeking to obtain a DVRO or defending against one, you must hire an attorney with extensive trial skills.  After a DVRO is alleged in court, a DVRO trial is set.  That trial is in front of a family court judge who has immense power in deciding your fate whether you are the petitioner or the respondent.  Unfortunately, many family law attorneys are simply not competent trial attorneys. The reasons for this are somewhat complex but suffice to say that family law attorneys rarely go to trial as most divorce matters – including all issues related to custody, property division, visitation, spousal support – are resolved without any contested trial.  Often in family law cases settlement without trial is optimal in that it saves parties money and expenses and avoids unnecessary conflict.  However, this is certainly not the case in the realm of DVRO trials.  These must be fought vigorously and in a competent way.  Many family law attorneys have never done even a single jury trial, some have never done even a judge trial, and lack even a basic knowledge of the California Evidence Code which is what DVRO trials are governed by. I have handled over 30 jury trials, civil trials, dozens of felony preliminary hearings, and over 15 DVRO trials.  I am a skilled trial attorney and often can overpower less experienced family law practitioners at trial.  The stakes are often even higher in a DVRO trial than a criminal trial, so someone involved in a DVRO trial should hire the best trial attorney he or she can. If you are involved in a DVRO either as petitioner or respondent and you want to achieve victory, call Vijay Law for a consultation @ (408) 313-5607. – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       San Jose Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me VIJAY = VICTORY Vijay Dinakar About Me REQUEST A CONSULTATION → Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences of Criminal Cases See more → Restraining Orders Domestic Violence Restraining Orders (DVRO) See more → REQUEST A CONSULTATION Fill out the form below to receive a confidential initial consultation. Subject: Criminal Defense Family Law Civil Law Other – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Vijay Dinakar - Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me About Me My name is Vijay Dinakar and I am a Bay Area trial attorney with over a decade of experience having handled everything from DUIs to Murder cases and everything in between. I have dedicated my life to representing the criminally accused and take a proactive approach to representing my clients. “Vijay” is a Sanskrit word that means “Victory” and that is the goal in each case at this law firm: we aim for total victory and will not rest until that is accomplished. I was born and raised in New York and from an early age, I wanted to be a trial attorney. I was inspired by the historical examples of lawyer heroes of mine like Clarence Darrow, Mahatma Gandhi, John Adams, and Barry Scheck and I wanted to be lawyer not to defend powerful entities like the government or large corporations but to represent individuals against a powerful and overweening government. I attended Santa Clara University School of Law and while there worked at the Innocence Project where I helped to free an innocent man serving a life sentence for a crime he did not commit. After law school, I worked for the Public Defender’s Office where I represented thousands of people accused of committing criminal offenses. I started out handling misdemeanors like DUIs, theft and domestic violence cases but quickly progressed to handling much more serious and complicated cases like gang, arson, embezzlement, 3 strikes cases, and murder cases. I have always been a proud defender and never thought of working for the prosecutor’s office but unlike many public defenders, I took a very high percentage of my cases to trial where I had a very impressive record of obtaining not-guilty verdicts in some of the most difficult cases where the odds were stacked against my clients. After working for 6 years at the Public Defender’s Office, I decided to open up my own firm to provide personalized and aggressive representation to the Bay Area. I have a very effective staff that supports my firm and I work with some of the best investigators and experts in the Bay Area to assist with my clients’ cases. However, unlike other law firms, I personally handle every aspect of the client’s case from the initial meeting to when the case is successfully ended. My philosophy in handling all cases is to work extremely hard in investigating and analyzing the case, leaving no stone unturned in order to achieve total victory in the case. I have very good relations with my clients and I represent them with the same zeal and passion as I would a brother or sister. I have been very successful at convincing the prosecutor’s office at the pre-filing stage not to file a case; causing the case to be dismissed if it is filed in court; and obtaining not-guilty verdicts if the case proceeds to trial. I have expert level knowledge of the immigration consequences of criminal cases and have successfully represented hundreds of immigrant clients. More recently, I have used my trial skills to handle divorce matters, domestic violence restraining orders, and personal injury cases. If you want to achieve victory in your case, call Vijay Law for a consultation @ (408) 275-2307.  Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences of Criminal Cases  Restraining Orders Domestic Violence Restraining Orders (DVRO)  Civil Law Personal Injury – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Serious & Violent Felonies   In general, a California crime allegation can be classified either as a misdemeanor or a felony.  This section deals with the most serious felony offenses where persons accused of these allegations face extensive potential jail or prison time.  Serious offenses like this include but are not limited to: aggravated child abuse, sex offenses, gang allegations, 3 strike offenses, and attempted and actual murder. Obviously there are many other offenses that also fit within this category of serious felonies but however serious the criminal allegation, you need to understand that these are just allegations and under the U.S. Constitution, the accused is absolutely presumed innocent and the government has the very difficult (and often insurmountable) task of proving each and every element of the allegation beyond a reasonable doubt, which is the highest standard of proof in the history of the world. While it is important to hire a competent and aggressive attorney even in the most minor criminal case, it is even more important to do so when the stakes are higher.  Many criminal attorneys claim that they will handle any kind of case but become reticent and unwilling to fight when faced with a serious case and often look for a plea bargain under very unfavorable terms to the client.  I enjoy handling the most serious cases possible and no case is too serious. I received extensive experience handling the most serious criminal cases during my 6 years as a public defender where I never shied away from any kind of criminal allegation no matter how serious, controversial, or allegedly heinous.  I am a “true believer” who isn’t a criminal defense attorney because I want to make money or because I reluctantly concede that in theory people deserve a basic defense against a criminal accusation. I believe and know that the only way to preserve individual liberty and to prevent a runaway police state, where false allegations can be made, is an extremely zealous and committed criminal defense attorney. The only thing standing between someone accused of a serious crime and decades or a lifetime in prison is a skilled and dedicated trial attorney who isn’t afraid to and in fact enjoys fighting the government. If you face a very serious criminal allegation, you need a fighter like me who will not simply lie down and capitulate to the government. If you want to achieve victory in your serious felony case, call Vijay Law for a consultation @ (408) 313-5607.   – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Theft Crimes Theft basically involves the taking of another person or business’ property without permission.  There are many kinds of theft-related crimes.  All these crimes are “serious” in that they uniformly involve allegations of “crimes involving moral turpitude” (CIMT).  CIMT crimes create very serious and sometimes devastating consequences for someone that is an immigrant, is involved in certain occupations or holds a professional license. While the direct criminal punishment consequences of a small theft or “petty theft” allegation are not normally that substantial relative to other criminal allegations, the “collateral consequences” of any theft-related offense on one’s immigration, job, or professional license can truly destroy a person’s life.  It is for this reason that all allegations of theft, no matter how allegedly trivial or “petty” should be vigorously fought and hopefully dismissed so there will be no collateral consequences. Within the category of theft, there are various specific allegations like: burglary, robbery, grand theft auto, embezzlement, grand theft, petty theft and other theft related offenses.  Each theft offense is different and may require somewhat different tactics and strategies to best achieve victory in the particular case, but all theft cases must be vigorously investigated, analyzed, and aggressively fought to avoid any punishment or job or immigration consequences. I have handled all kinds of theft-related cases from petty theft cases, to white collar embezzlement cases, to carjacking gang-related offenses and many other theft-related offenses.  I have represented many immigrants accused of theft-related offenses and have a very good record of having many of these allegations dismissed or reduced to non-theft related offenses with minimal or no punishment. If you want to achieve victory in your theft related allegation, call Vijay Law for a consultation @ (408) 313-5607. – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Practice Areas  Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences of Criminal Cases  Restraining Orders Domestic Violence Restraining Orders (DVRO) – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Restraining Orders    Domestic Violence Restraining Orders (DVRO) Anyone in a current or former dating relationship in California can seek a domestic violence restraining order (DVRO) against his/her spouse, co-habitant, or intimate partner. read more >> – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       San Jose Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me VIJAY = VICTORY Vijay Dinakar About Me REQUEST A CONSULTATION → Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences of Criminal Cases See more → Restraining Orders Domestic Violence Restraining Orders (DVRO) See more → REQUEST A CONSULTATION Fill out the form below to receive a confidential initial consultation. Subject: Criminal Defense Family Law Civil Law Other – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me DUIs   Driving under the influence or DUI in California generally involves operating a motor vehicle while being “under the influence” of alcohol, drugs or both.  However, DUI law is a very technical and science intensive area of law and it is simply not the case that “drinking and driving” is illegal.  There are many defenses available in a DUI case and nobody arrested for DUI should simply assume they are “guilty” because they allegedly tested above a certain blood alcohol threshold.  Not properly fighting a DUI allegation could lead to loss of license, loss of employment, potential jail time, and potential immigration problems in certain cases. The first thing to understand about a DUI in California is that are two basic processes following a DUI arrest: the criminal court process (which potentially issues criminal penalties and affects one’s criminal record); and the DMV process (which controls one’s legal privilege to operate a motor vehicle following a DUI allegation). Generally, when someone is arrested for a DUI, the prosecutor will charge two different but related offenses: California Vehicle Code Section 23152(a) and California Penal Code Section 23152(b). The “(a) count” relates to an allegation of someone driving “under the influence of alcohol”, regardless of the actual measured level of alcohol as revealed by a breathalyzer or blood test. So, it is possible, in theory, to be guilty of 23152(a) even if the measured blood alcohol level is below the legal limit (which is 0.08) and it is also possible to be not guilty of 23152(a) even if the measured blood alcohol level is at least 0.08.  “Under the influence” of alcohol basically means you are objectively too intoxicated to safely operate a motor vehicle.  This is proven by looking at “objective” symptoms of intoxication including but not limited to: one’s ability to follow and understand instructions, ability to perform various “field sobriety tests”, unsteady gait in walking, slurred speech, pupil dilation and behavior, and many other factors. To be clear, the “science” related to objective symptoms of intoxication is a matter of extreme debate to say the least and I regularly employ some the best experts in the field to prove that allegations related to California Vehicle Code 23152(a) are unproven or totally bogus. The other common charge in DUI prosecutions is California Vehicle Code Section 23152(b) which relates to a “per se” violation of a California DUI law because your blood alcohol level is alleged to be at or in excess of 0.08 blood alcohol by volume.  One’s blood alcohol level is measured either by use of a breathalyzer or a blood test following arrest.  There are many problems and technical complications with both methods of testing.  Suffice to say that the mere “fact” that your blood alcohol level when tested is alleged to be at a certain level does not begin to prove that when driving your blood alcohol level was at or in excess of 0.08 by volume. One basic issue that often arises in defense of 23152(b) cases is that it is not a violation of law to be tested with a blood alcohol level at or in excess of 0.08; it is a violation of law to drive at or in excess of 0.08.  The difference is subtle but often very important: alcohol blood levels rise and fall following consumption in relatively predictable ways if one knows when and how much alcohol one consumed but there is no reliable to know the timing of the arrestee’s drinking pattern, so it is as possible that one’s blood alcohol is still “rising” as opposed to “falling” after being pulled over for a DUI.  Thus, one’s measured alcohol test, often conducted over an hour after driving, may overestimate one’s blood alcohol level at the time of driving. I have been very successful, through the use of experts, in utilizing the “rising blood alcohol defense” to have charges dismissed or reduced.  There are many other potential defenses to DUI, all of which I have successfully raised at the pre-trial as well as the trial stage in successful representation of DUI cases. With regard to the DMV, an arrestee is usually issued a temporary license following a DUI arrest that lasts for only 30 days.  Someone arrested for a DUI should immediately contact an attorney so that he can schedule a DMV within 10 days, otherwise the arrestee will face automatic license suspension which can have devastating consequences for one’s job.  Once the DMV hearing is scheduled, the DMV will consider much the same issues that the criminal court does with regard to the DUI.  Basically, the DMV will consider whether the stop or detention was legal and whether the arrestee’s blood alcohol level was at or above 0.08 alcohol by volume. I have extensive knowledge and experience in the area of DUI.  I have handled thousands of DUI cases from basic first time DUIs, multiple DUIs, DUI with injury, and DUI with death.  It is extremely important that everyone arrested for DUI take a DUI seriously and hire an attorney who is committed to keeping up to date on the changing science related DUI, has a network of DUI experts who can help with the science of DUI, and who has done plenty of DUI trials.  Additionally, I am very experienced in avoiding any immigration and job consequences that can result from a DUI arrest. All DUIs should be fought vigorously with the intent to achieve a good outcome. If you want to achieve victory in your DUI case, call Vijay Law for a consultation @ (408) 313-5607.   – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Domestic Violence Restraining Orders (DVRO) Anyone in a current or former dating relationship in California can seek a domestic violence restraining order (DVRO) against his/her spouse, co-habitant, or intimate partner.  This restraining order is filed in family court and the person asking for the restraining order, the petitioner, must allege sufficient facts that show that he/she was “abused” as defined in the California Family Code. Basically, to get a DVRO someone must show that they were subjected to a harmful or offensive touching (or threat thereof); they were subjected to repeated or severe verbal abuse; they were harassed or stalked; or subjected to substantial property destruction.  The standard of proof in this family/civil matter is substantially lower than what is required in a criminal court.  The petitioner must only show by “a preponderance of the evidence” that they were subjected to domestic violence as defined under the family code.  DVROs can protect both men and women who have been subjected to domestic violence by their intimate partners. Additionally, obtaining a restraining order where the couple have a child in common will create a “rebuttable presumption” that the abusive intimate partner should not get legal custody which can have a major effect on a divorce case as it relates to child custody and child support.  Finally, a finding of domestic violence can be a factor to reduce or even eliminate spousal support. If you are defending against a DVRO, as the respondent, you face potentially serious and life altering consequences.  First, if a permanent restraining order is granted against you, you may have difficulty keeping or obtaining a job, may not be able to obtain certain professional licenses, and maybe at risk of arrest if the petitioner alleges that you came within a forbidden distance from him/her. You may also risk facing severely reduced time with your child as a result of a DVRO. Whether you are seeking to obtain a DVRO or defending against one, you must hire an attorney with extensive trial skills.  After a DVRO is alleged in court, a DVRO trial is set.  That trial is in front of a family court judge who has immense power in deciding your fate whether you are the petitioner or the respondent.  Unfortunately, many family law attorneys are simply not competent trial attorneys. The reasons for this are somewhat complex but suffice to say that family law attorneys rarely go to trial as most divorce matters – including all issues related to custody, property division, visitation, spousal support – are resolved without any contested trial.  Often in family law cases settlement without trial is optimal in that it saves parties money and expenses and avoids unnecessary conflict.  However, this is certainly not the case in the realm of DVRO trials.  These must be fought vigorously and in a competent way.  Many family law attorneys have never done even a single jury trial, some have never done even a judge trial, and lack even a basic knowledge of the California Evidence Code which is what DVRO trials are governed by. I have handled over 30 jury trials, civil trials, dozens of felony preliminary hearings, and over 15 DVRO trials.  I am a skilled trial attorney and often can overpower less experienced family law practitioners at trial.  The stakes are often even higher in a DVRO trial than a criminal trial, so someone involved in a DVRO trial should hire the best trial attorney he or she can. If you are involved in a DVRO either as petitioner or respondent and you want to achieve victory, call Vijay Law for a consultation @ (408) 313-5607. – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law       Bay Area Criminal Defense Attorney CALL US: (408) 275-2307  REQUEST A CONSULTATION → CALL US: (408) 275-2307 Open/Close Menu San Jose Criminal Defense Attorney Skip to content Home About Me Practices Area Criminal Defense Domestic Violence DUIs Theft Crimes Serious & Violent Felonies Immigration Consequences Of Criminal Convictions Restraining Orders Domestic Violence Restraining Orders (DVRO) Q&A Contact Me Criminal Defense  Domestic Violence Domestic violence in California involves any harmful or offensive touching of a spouse, intimate partner, or co-habitant. read more >>  DUIs Driving under the influence or DUI in California generally involves operating a motor vehicle while being “under the influence” of alcohol, drugs or both. read more >>  Theft Crimes Theft basically involves the taking of another person or business’ property without permission. read more >>  Serious & Violent Felonies In general, a California crime allegation can be classified either as a misdemeanor or a felony. read more >>  Immigration Consequences Of Criminal Convictions Immigrants face special problems and issues when faced with a criminal allegation that U.S. citizens do not face. read more >> – ↑ BACK TO TOP – Home About Me Practice Areas Q&A Contact Me Practice Areas Criminal Defense Restraining Orders Call Us (408) 275-2307  Get In Touch → Address : 255 North Market Street, Suite 280, San Jose, CA 95110 Tel: (408) 275-2307 E-mail: [email protected] Get directions on the map → © 2022 All rights Reserved by Vijay Law      