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Questions Answered by David Stephen Kestenbaum
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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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: The frisk and search was simply because the driver was a parolee, I however have no record. As well as handcuffed.

Was later sent a letter stating a change of date of which this incident occurred. Never was I told why I was being cuffed or detained. They didn't find anything to have a reason to frisk me. All they said was ,"we're doing a standard parole search". Does this violate my 4th amendment? Only after... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 6, 2019

This is a fact driven issue as to whether they had the right to pat and frisk you for "officer safety" or some other reason such as furtive movements. You should make an appointment with an experienced criminal defense attorney to go over the facts in detail; most of us offer free initial... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Caught shoplifting $360 of games at California Target, no charges but was given a civil demand letter can I ignore it?

I am 21 and I accidentally gave them the wrong address because my drivers license has an old address. I’ve heard many different opinions on whether I should ignore the fine, should I ask to change it or am I fine ignoring the fine because no authorities were called? Can this go on my permanent... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 4, 2019

The most prevalent response to this question is to ignore the civil demand. In order to collect they would have to sue you in small claims court. It is a disputed debt so should not affect your credit rating.

Do not go back to that store or any branches as they may arrest you for...
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3 Answers | Asked in Criminal Law for California on
Q: Is it legal for an individual to submit a recommendation to receive a award in your name without your permission.

It happen a few years ago I notified the person who received the award from the CIF southern section. I have all documents regarding this matter.

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 4, 2019

Sorry i have no idea how this ended up in the criminal section. Did they impersonate you or just recommend you for an award?

Bottom line, if it happened a few years ago, it is probably too late. But what is your Complaint? Did you get in trouble? If someone impersonated you, make a police...
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2 Answers | Asked in Criminal Law for California on
Q: Even if it is only a fist fight, and the other person had major injuries, can the other person go to jail ?
David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 4, 2019

If there were major injuries, it can be filed as a Felony! Whether they get jail, prison depends upon the facts and if the person has a prior record.

If this is the 17 year old you asked about, if there are major injuries the DA can request a Hearing to Certify the case to Adult court...
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2 Answers | Asked in Criminal Law for California on
Q: Can a 17 year old go to jail for fighting someone ?

Even if the person is at a different location than them ?

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 4, 2019

How can someone fight another person who is not near them? A fight is defined as a physical altercation thus requiring that they be in close proximity. It is possible that they could be arrested for making criminal threats (PC 422) such as threatening to come over and beat them up...

A...
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2 Answers | Asked in Criminal Law for California on
Q: Is it possible to get vandalism charge reduced or dropped ?

My boyfriend vandalized his step dads car while intoxicated. His step dad is willing to let him pay the insurance deductible and wants to drop the charges against him. He is also being charged with criminal threat which his step dad never said he was threatened. Is there a possibility of getting... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 1, 2019

If the Vandalism is charged as a Misdemeanor your dad can sign a Civil Compromise pursuant to PC 1377-78. The Judge doesn't have to grant it, so talk to his lawyer on how to present it.

As to the PC 422 charge, this is also a "wobbler" that can be filed as a Felony or a Misdemeanor. Someone...
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2 Answers | Asked in Criminal Law and Real Estate Law for California on
Q: I purchased items online but I put the previous address instead of my current one. I can't reach the new homeowners.

I'm I allowed to grab my packages off their porch?

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 1, 2019

Why not contact the company tou bought the items from and update the correct address. Also since you live close enough to go pick up the items off their porch (bad idea) just drop off a letter asking them to contact you when the items arrive.

Otherwise with everyone having Ring video, you...
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2 Answers | Asked in Criminal Law for California on
Q: What sentence do these cary in Modesto. COunty 2800.2 and 529pc charge
David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 1, 2019

You need to provide more information such as whether they are charged as Felonies or Misdemeanors since both charges are "Wobblers" and any prior criminal record. Additionally, were there losses related to the PC 529?

Bottom line is that you need to talk to your lawyer since they will have...
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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: Flying from ca to ny with 24 grams pot. Would be in check in bag with a ca med card. What’s Worst/likely outcome?
David Stephen Kestenbaum
David Stephen Kestenbaum answered on Nov 30, 2019

You should be fine with worse case scenario confiscation of any edibles or concentrates.

The Public statement has been that California screeners are not looking for cannabis. That being said, TSA is a FEDERAL agency and marijuana is still ILLEGAL on Federal property and ports of entry....
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4 Answers | Asked in Criminal Law for California on
Q: i have a warrant and i have been diagnosed with cervical cancer what can i do to stay out of jail to continue treatment

i got the warrant for missing court and i missed court due to my medical problems and i have been undergoing treatment for the past year. I am now at the end of treatment for now and i will continue treatment in 5 weeks but for the mean time i want to clear up my warrant is there anything i can do... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Nov 30, 2019

You should gather all your medical records and meet with an experienced criminal defense attorney near the Courthouse that the warrant was issued from.

A lot depends upon what type of case (Felony or Misdemeanor) and what phase(previously or post conviction) as well as any prior record....
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2 Answers | Asked in Criminal Law for California on
Q: How do I go about surpressing any evidence against me
David Stephen Kestenbaum
David Stephen Kestenbaum answered on Nov 29, 2019

You hire an attorney or have the Public Defender appointed as this is not a DIY project.

But if you insist on representing yourself, you need to read PC 1538.5 and the following sections to determine if your fact pattern leads to a 1538.5 Motion.

That means that it was either a...
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4 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Hi can someone please help me out is my in law looking at time

Hi if anyone can help me out my in law was charged with this, is he looking at time. He was just changed with number 1 when he was arrested number 2-4 is older but he never took care of them thanks for any help 1) PC29800(A)(1) FELON/ETC POSS/ETC F/AR 2) HS11377(A) POSSESS CNTL SUB 3) VC14601.2(A)... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Nov 29, 2019

You need to ask his lawyer since there are too many variables for someone on the internet to answer.

On the cases he didn't take care of, it depends upon whether they are post conviction, in which case they can sentence him for violating his probation, or an open case, like the new one,...
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: Am+I+obligated+to+a+frisk+and+search+for+being+a+passenger+in+a+veichle+with+a+parolee

Does+it+violate+my+4th+amendment+rights?

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Nov 28, 2019

This is a fact driven issue, but my first question is were you arrested for something they found as a result of the search.

Officers have a right to "pat down" individuals for WEAPONS for officer safety. However if they found drugs in a baggie, that may not be valid since it obviously was...
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3 Answers | Asked in Criminal Law for California on
Q: How can I obtain info on a warrant in LA county California from 1996, I have the warrant number?

My father has been a federal inmate since 1996, while attempting to get his elderly home confinement processed, I was notified he has an outstanding warrant for a misdemeanor from 1996 in Los Angeles California...the BOP counselor is giving us no information except that. I have contacted the... Read more »

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

You should be able to find the case number with his name and dob. You should contact a private investigator to find it. Also, if the BOP says there is a warrant, they should have the case number and court location.

Good luck!

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2 Answers | Asked in Criminal Law for California on
Q: How do I handle a absonding violation in another state

I need to handle absconding violation from NC . But I can't travel back due too financial reasons and the fact that I'm homeless

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Nov 24, 2019

You need to contact an attorney in NC to try to get the warrant recalled, but that will require you to appear there unless it's a minor misdemeanor.

If it's a Felony you will have to return. Since you are homeless you should contact the Public Defender at the courthouse in NC that issued...
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1 Answer | Asked in Criminal Law for California on
Q: In ordered to get a strike does the judge have to state it during sentencing or is it implied with certain convictions

My boyfriend went to trial for two counts of assault with deadly weapon and shooting into occupied vehicle. He lost and they also found him guilty of personally firing the gun. No strikes were stated during sentencing or at any time

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

The charges themselves are strikes, but he should consult his lawyer as he may have 2 strikes now. The Judge doesn't have to say they are strikes as they are defined in the penal code.

2 Answers | Asked in Criminal Law for California on
Q: I need at attorney that works probono or low cost for criminal xa

My son is 30 years old never been in trouble and Dan his life he has got some serious charges in Riverside California needs a good attorney I don't understand it it's something to do with sex trafficking under the age of 18 root access on a child under the age of 18 I'm not really sure what's going... Read more »

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

For this type of case he needs an experienced criminal attorney and they are not inexpensive. Therefore, he is better off using the Public Defender than a cheap attorney. Pro bono attorneys are generally doing work for the good of society, not everyday cases. Those are for the PD to handle. Also,... Read more »

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