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Questions Answered by David Stephen Kestenbaum
1 Answer | Asked in Criminal Law for California on
Q: Does an officer have probable cause to search a parked locked vechicle that doesn't belong to the sbjct arrest in yd

If arrested in yard of a home

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Jun 14, 2022

First of all, if the subject doesn't own the vehicle then they have no "Standing" to challenge the search of the parked vehicle. Second, if the subject had been in the vehicle, they may have probable cause to search it. What was found as a result of the search? It doesn't matter... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I'm in California. Detectives arrested my boyfriend for questioning and are calling to follow up with me about hit/run

It was an accident and I'm not pressing charges but neighbors witnessed him hitting me with a car and I was taken to ER for fractured leg. Should I say it was an accident/he was unaware or that he needed to hit me to stop me from attacking him with metal bar? I don't want him going to... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on May 24, 2022

You are under no obligation to talk to the police but you shouldn't lie to them. It is not up to you whether charges are filed against him, but up to the DA. The best course of action would be for you to talk to his attorney who can try to convince the DA not to file charges after getting a... Read more »

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2 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: If we got pulled over for a false reason does that make the stop and subsequent charges that followed inadmissible

We were pulled over for turning right after stopping at a red light. The cop said there was a sign stating 'no right turn on red' but I went back to the intersection and thoroughly looked for a sign stating that and there was none. Doesn't that make it an illegal stop and thus any... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on May 15, 2022

First of all, did they do a search of you and the car, find something illegal and arrest or cite you for that (misdemeanor or felony) or did you just get a ticket for No left turn (infraction)?

If you just got a traffic ticket, then the cop’s observation is not inadmissible, but it is...
Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: How can an incoming freshman in high school best prepare for law school/a career in law?
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on May 10, 2022

Since our profession is based on convincing the other side that we are right, you need to have excellent communication skills. You must be able to write clearly and effectively. If you want to be a trial attorney then you also need to be able to think on your feet and be able to pivot when... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: im on bail and i have fta for 2-3mths now.i went to get a reinstatement letter from my bail bond men, so what im askin

is that when i take them to ,my next court date can the courts take m,e into custody?

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on May 10, 2022

Yes, since the Court issued a Bench Warrant and forfeited the bail, you can be taken back into custody and have to post a new bail. However, if it is within 180 days of the Forfeiture, the Court may assess some costs, but will usually reinstate the bail; especially if you are walking in with... Read more »

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3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I charged my partner with domestic violence but it was a first time offense where authorities were called.

I want the charges dropped but unfortunately DCFS is now involved because children were in the home. Would dropping charges make a negative impact on my DCFS case?

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Apr 21, 2022

First of all, you haven't charged your partner with anything; the District Attorney has filed charges and you are now just a witness. If you truly want to help your partner, talk to their lawyer as to how to best accomplish that. The nightmare known as DCFS gets involved if the children were... Read more »

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1 Answer | Asked in Family Law, Immigration Law, Child Support and Juvenile Law for California on
Q: im 17 years old and my mom forcing me to go back to my country. When i turn 18 can i come back to US?
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Apr 11, 2022

In most countries, when you turn 18 you are considered an adult and can therefore make your own decisions. In the US, 17 year olds are still considered minors and therefore, unless you are able to get "emancipated" then you have to obey your family. Once you turn 18, you can apply for a... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: Completing form CR-180 for a felony DUI. If I’m looking to expunge this, how would I do that?

Is this a 2 part process? Felony to misdemeanor then misdemeanor to infraction?

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Mar 5, 2022

The short answer is that you can do it all on the CR-180 form available online. There is a box to check to "Reduce Felony to Misdemeanor PC17(b)" that you should check. For DUIs, certain jurisdictions require a showing of "Good Cause" meaning why you need the charge to be... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Court date/ 72 hr hold

My husband was scheduled to go to court today but was not called and was not seen.. If charges are not filed after the 72 hour period will he be released?

Lastly, When I pull up his information is states his charges, bail amount for current charges and under disposition is has... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 10, 2020

If no charges were filed and there are no other "holds" from other cases he may have, he should be released. However they have up to 1 year to file a misdemeanor and 3 years to file most felonies. If they don't have the evidence together yet (lab results, videos etc) they will... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: During Voir Dire, can I get in trouble if I admit to something illegal that would make me a biased juror?

I am particularly concerned because I was excused from a criminal case involving drug possession. I admitted I was previously involved in illegal drug possession although I was never arrested nor charged in that. At the moment I knew it was in the best interest of the court and I was being... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Oct 14, 2020

No, you have nothing to worry about. In fact, being truthful is what the entire process of Voir Dire is about so you did the right thing. Also, you can't be convicted based on just your own words; they need other evidence.

Thanks for participating in the jury process!

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2 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: Do you think I'll have to do jail time

For my hit and run ?

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Oct 14, 2020

It all depends on if you hit a person (VC 20001) or an object and no injuries (VC 20002). If you left the scene and someone was injured (even if not your fault) it can be either a Felony or a Misdemeanor. If you just caused property damage, it is a straight misdemeanor. As far as jail time it... Read more »

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2 Answers | Asked in Traffic Tickets and Criminal Law for California on
Q: I have a hit and run while driving on suspended license I completed my classes

I also didn't get any letter from the court because they mailed my letter somewhere else no I have a warrant I went to the court house and file to be on the court calendar I have court the 27 of oct.

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Oct 14, 2020

Since you mention that you have completed your classes i take it you are on Probation for a DUI. That also means that you are charged with Vehicle code section 14601.2 that is more serious than other types of suspension. They will also presume that you fled because you were under the influence... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: Someone wished me death online ( twitter ) . How do I proceed legally to sue that person ?
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Jul 21, 2020

This is not an issue for a civil suit (what are your damages?) so it was transferred to Criminal. If you have in fact been threatened you should make a police report. Give the evidence of the threat (voice mail, email, text, video) to them and they will investigate and, if they feel there was a... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Can you copy court orders for search and seizure

What should a court order for search and seizure entail.also if it statesc1 day for night search must it be enacted that night.does copschave right to forcefully take your personal keys and is a locksmith required.i had documents stolen and not handed over to signing judge.and broken furniture and... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Jan 5, 2020

If you were arrested as a result of the Search due to items seized, you need to retain an experienced criminal defense attorney near the Courthouse you are ordered to appear in.

If a Search Warrant allows it to be served "Day or Night" it can be executed at any time of the day....
Read more »

2 Answers | Asked in Criminal Law for California on
Q: I had an arrest in 1985 with no criminal charges filed and no disposition. Should I have my record sealed or expunged?

I am trying to get my guard card and firearms permit for over a year now and I received a letter from the DOJ saying there is nothing further they can due since there is no disposition. I am going to court house to resolve this matter.

In addition to the FBI research they have concluded... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Jan 2, 2020

You can file to have your record sealed at the Courthouse that you were to appear in. Since no charges were filed, pursuant to Penal Code section 849 et seq your arrest is now considered a "Detention Only".

You can also Petition the police department that arrested you for a...
Read more »

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2 Answers | Asked in Criminal Law for California on
Q: What happens to charges if a person is given a 3 year joint suspension and doesn't get Into any trouble those 3 years?
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Jan 2, 2020

Once Probation is successfully completed (no violations) then the case is over and the 3 years ESS is terminated.

The "charge" remains the same it is just that the Sentence is never Executed.

The lawyer who was present at the Sentencing would know if there were any other...
Read more »

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3 Answers | Asked in Criminal Law, Animal / Dog Law and Civil Rights for California on
Q: If I am arrested for something while in the company of my service dog, can the police separate us? I'm legally disabled
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Dec 30, 2019

Interesting question that requires more information. What were you arrested for? Where were you arrested (home, in a car, at another location) and what is your disability?

If you are interested in filing a lawsuit you need a lawyer specializing in ADA/Civil rights. If you want to see how...
Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Can police tow my car if i was accompaning a suspended driver with a valid state DL and insurance ?
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Dec 28, 2019

If you let a person with a Suspended License drive your car, it can be impounded! It doesn't matter if your license is valid; it's the Driver who must have a valid license. Hopefully you didn't acknowledge knowing their DL was Suspended and can get your car out of impound faster.

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2 Answers | Asked in Criminal Law for California on
Q: First offense Domestic Violence. 6 months, have warrant. Pro Bono anywhere? L A county. Have to sit whole time?

Shannon Murrell. Happened in January 2018. I'm going to turn myself in.

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Dec 26, 2019

First of all, have you appeared in Court already or did you not show and have a Bench Warrant? If you haven't appeared yet, your best bet is to show up to the Court that issued the warrant to ask that it be recalled and have the Public Defender appointed to represent you. That way, you may be... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: Hi I just wanted to know if I’d arrested by someone pressing charges ? My boss is accusing me for stealing 1,600 dollats

I am 18 with a clean record and I did not steal the money it seems they don’t have clear evidence just me buying lottery tickets and winning the money. I work at a gas station.

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Dec 25, 2019

You need to retain an experienced criminal defense attorney now to try to prevent charges from being filed against you. They must have video that they showed the police before you were arrested.

Good luck!

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