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Questions Answered by David Stephen Kestenbaum
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...
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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... View 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)... View 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...
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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...
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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... View 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...
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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... View 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,... View More

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2 Answers | Asked in Criminal Law for California on
Q: I'm being sued by crm I was told 30% of the price is 313 dollars or would I still have to pay the full 1049 dollars

I cant afford a lawyer and it was in Washington state and I'm in California what kind of trouble am I looking at

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 21, 2019

Who is crm and what are they suing you for? If you were arrested for shoplifting you may receive a demand for you to pay for their investigative costs. In California we advise clients to throw those demands away!

Good luck!

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2 Answers | Asked in Criminal Law for California on
Q: Is this a case for criminal charge?

My son(14) was harassed at school by a group of kids who used a tampon contaminated with blood to poke & throw to him. Those kids also recorded video of this action. Is this a case for criminal charge & civil action?

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 21, 2019

You should file a police report as any "unwanted touching" is a battery and a crime. It should also be reported to the school officials as bullying. As far as civil action, you could also apply for a Restraining Order against the other kids, but you have to start with reporting it to the... View More

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2 Answers | Asked in Criminal Law for California on
Q: I called the da office about my case , they told me it has been rejected , do I show up to court still?

My name does not show up on the court calendar for the day I was told to go previously.

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 21, 2019

In Ventura County, if the DA is not filing the case it will not appear on calendar. If you are out on bail go to the DA office on 3rd floor or clerk in room 118 to get Proof of Appearance.

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2 Answers | Asked in Criminal Law for California on
Q: I've been charged with misdemeanor possession of a controlled substance with no priors what am I facing they tell me
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 20, 2019

If you are over 21 years old, you are eligible for a drug diversion program. You can either get pre-plea diversion where the case is continued for you to complete some type of drug program and then it is dismissed. Or you can do DEJ in which case you enter a plea of guilty to the charge and... View More

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2 Answers | Asked in Criminal Law for California on
Q: Car on investigative hold.

Removed

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 19, 2019

First of all, what type of offense did the boyfriend commit? Was it a Hit & Run or a DUI with an accident or something more serious like a robbery.

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2 Answers | Asked in Criminal Law and Juvenile Law for California on
Q: My son is 16 years old recently went to jail for getting in a fight at school he is on probation but I have the video

and in video you can clearly see they get in verbal but nothing else only security pepper spray my son is this even legal

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 18, 2019

If there was a video showing that your son didn't hit anyone, that should have been provided to his lawyer before the case was resolved and your son was sent, i hope, to Juvenile Hall or Camp, not jail.

However, if he was on Probation there is a lesser burden of proof for a Violation...
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2 Answers | Asked in Criminal Law for California on
Q: I got a letter from the district att. on a charge from 6 mo. ago that requires a book and release at the jail, WHY?

also states mandatory before a plea can be accepted, which is not the first court proceeding anyway and there is no case # and why do I feel like I'm convicting myself because someone else didn't do their job ive gotten tickets before for misd. and never had to go to a jail to book and... View More

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 18, 2019

You need to take what ever paperwork you received to an attorney to review.

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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: why do I have to go and book and release myself for a ticket that didn't even get filed for 6 months

a misd. that I'm going to fight for 2 reasons, one just walking down the road does not constitute a search of my body and belongings even on summary probation ther has to be evidence that some crime is being committed and summary prob, does not justifie a full on searcjh for no reason ,wast... View More

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 18, 2019

If you were just given a citation and now the case has been filed, the City Attorney will ask the Court for a "Book and Release" order to make the case visible on your rap sheet (without being booked, there would be no record of the case on statewide or nationwide rap sheets.... View More

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2 Answers | Asked in Criminal Law for California on
Q: can the police arrest me for grand theft auto when im only guilty of moving the vehicle
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 18, 2019

The short answer is yes, they can arrest you. That doesn't mean the DA will file charges as it all depends upon the facts of the case. For instance if your "friend" asked you to help him and gave you a screw driver to start the car, there would be circumstantial evidence that you... View More

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