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Questions Answered by David Stephen Kestenbaum
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. Most SWs...
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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 Finding of...
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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 rewards...
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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...
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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 able... 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!

2 Answers | Asked in Criminal Law, Federal Crimes and Sexual Harassment for California on
Q: Can a 15 year old male from the US date an 18 year old from Norway?

Would sexual relations be considered illegal, what about just dating? (Sexual relations assuming we met up at any point in either country)

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

In California, the age of consent for sex is 18. That means that the 18 year old could be arrested for statutory rape amongst other charges if you have sex....

Of course, Norway may have different laws, so the location matters...

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1 Answer | Asked in Criminal Law for California on
Q: Can male cops use agressive force on females? Such as choke holds and tackling.

I was recently choked and takkled to the ground by two male cops. I had my hands up in surrender and i wasnt harming any person

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 23, 2019

In the field make officers can detain females. Whether the force was excessive is a factual situation for your lawyer to review. I am not site if the cops in Sacramento have Body Worn Cameras or Dash Cams that will show exactly what happened and whether it was within policy or not.

Good...
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1 Answer | Asked in Criminal Law for California on
Q: Is it illegal to spit in a cop car.

I was recently charged with battery of an officer for spitting on the back window as i was detained.

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 23, 2019

Battery would require the spit hitting one of the officers. Why were they detaining you?

They may charge you with Resisting Arrest in addition to whatever the initial charge they were arresting you for.

Good luck!

1 Answer | Asked in Juvenile Law for California on
Q: I found out my minor has been stealing from me for the past three months, I have all the evidence. Can i press charges?

I never noticed money was being taken from my account. It sums up to more than $2,500. I have all many receipts with her name on it to things she purchased. I live in california and want them put in a juvenile detention center. How do i do this?

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 22, 2019

You don't "press charges" you make a police report. They take it to the District Attorney who reviews the reports and decides what charges to file. Depending upon his prior record, if any, he will either get Home on Probation or Diversion. If this is not his first time, he may be given custody... Read more »

1 Answer | Asked in Criminal Law for California on
Q: What are exceptions to the 7th and 8th amendment?

Exceptions(when does the amendment not apply)

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 16, 2019

Is this for a thesis? The 7rh Amendment provides the right to a Jury trial in Federal Court for civil lawsuits and I haven't seen it mentioned in a courtroom.

The 8th Amendment, on the other hand, not only limits punishment (i.e. no death penalty for incompetent defendants) to the Right to...
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2 Answers | Asked in Criminal Law and Identity Theft for California on
Q: Can i argue to not include the sales tax in a grand theft case?

I was charged with grand theft last year because the items were rung up as being over $950, $956 to be exact. Having the sales tax included in the total makes my case a felony instead of a misdemeanor. The deal i was given does not fit my crime. But instead if looking at what happened, all the... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 16, 2019

Generally sales tax is NOT included in determining the loss just as "sale" prices don't apply. They both only apply to actual "purchases" not theft.

I find it hard to believe the DA included tax and your lawyer should make a Motion to Reduce to a Misdemeanor at the Preliminary Hearing....
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2 Answers | Asked in Criminal Law for California on
Q: My daughter has this 17 year old kid on the run from probation I live in calif. I want him out but he wont leave

How do i get him out of my home he is commiting crimes and i dont want him in my house he 17 years old

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 16, 2019

Contact the Probation Department or the Police that he is at your home and they should pick him up if there is in fact a Warrant for him.

Telling him that Probation knows he is there may at least get him out!

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1 Answer | Asked in Criminal Law for California on
Q: Can I get my motion to unseal the probable cause supported by case law?

I got a felony drug charge in my early twenties. I waited seventeen years and went back to the court and showed them everything I’ve done with my life and was granted relief. Twenty six years later they come take my guns and charge me with felony with firearms. There was no crime or event that... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 15, 2019

I am not sure what relief you obtained (Certificate of Rehabilitation or Pardon) but it obviously didn't restore your gun rights! If you just received a Dismissal pursuant to PC 1203.4, commonly referred mistakenly as an Expungement, it definitely didn't restore them.

Your attorney can file...
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2 Answers | Asked in DUI / DWI for California on
Q: in a process of getting sentenced 4 a dui while on trial I was in a marijuana dispensary raid . What will my punishment

First dui

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 13, 2019

Punishment for the DUI or the raid? Getting arrested BEFORE you were sentenced on the DUI should not affect your sentence since you weren't on Probation yet.

What charge were you arrested on in the raid? You should discuss this with the lawyer handling your DUI.

Good luck!

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1 Answer | Asked in Criminal Law for California on
Q: What is a PAR19 felony
David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 12, 2019

Do you mean Penal Code? Or is it in a different state? I have never heard of that charge.

1 Answer | Asked in Criminal Law for California on
Q: What is the percentage someone can have for tinted windows in California ?
David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 12, 2019

Windshield allows transparent strip on top 4 to 5 inches

Front side windows must pass through more than 70% of light inside your car (70% VLT)

Back side windows and rear window can have any darkness

2 Answers | Asked in Criminal Law for California on
Q: Can someone be charged for penal code 459 if the owner of the place gave them permission to go in there
David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 12, 2019

They may be charged by the DA, but if the owner of the home or building testified that they gave consent to the person charged, they shouldn't be convicted.

That being said, if the owner said that to the police, without more, I doubt charges would be filed.

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2 Answers | Asked in Criminal Law and White Collar Crime for California on
Q: How do I report white-collar criminal activity (fraud, battery, perjury) to the Los Angeles DA's Office & California AG?

Defendants: Los Angeles Spine Surgeon, his University Hospital, & Device Manufacturer.

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 11, 2019

You have to file a police report in most cases and they present it to the proper prosecutorial agency. Fraud is also a Civil tort where you would sue them. Without knowing what acts constituting criminal fraud are alleged it's hard to direct you to proper investigative agency.

You can try...
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