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Questions Answered by David Stephen Kestenbaum
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 luck!

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... View 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...
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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... View 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.

Good luck!

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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... View 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...
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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...
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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... View 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... View 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... View 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... View 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...
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