QUESTIONS & ANSWERS

AI, 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.

AEvery 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

AI 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.

AYes, I handle family law cases and restraining orders. I may handle select other kinds of cases, call my office to find out.

AMy 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.

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.

AI 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.

AAbsolutely 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.

ANo. Our firm handles all misdemeanor and felony cases. We do not handle traffic tickets.

AThis 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.

AThe 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.

AWhile 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.

AThe 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.

AYou 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.

AIf 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.

AYou 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. You should never talk to law enforcement.

ASee above. No, you should never talk to law enforcement unless you wish to risk being accused of a crime, arrested and convicted.

AYes, I have extensive experience representing victims. I often represent alleged victims of domestic violence, but I have also represented other alleged crime victims.