Lawyers, Answer Questions  & Get Points Log In
Questions Answered by David Stephen Kestenbaum
2 Answers | Asked in Criminal Law for California on
Q: what is a DA number assigned for?
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 18, 2019

Do you mean a DA case number? In Los Angeles County there will be a police report or DR number and, if the case is filed, a Superior Court case number, but no DA number. In Ventura County, you get a number as soon as you are arrested that, if the case is filed, would be your case number.

If...
View More

View More Answers

3 Answers | Asked in Criminal Law for California on
Q: If I was charged with a felony hit and run and I was on unsupervised probation what are my punishment?

There was mild traumatic brain injury to my passenger. I was not under the influence and I dont have a license. I'm 18 years old. I did call 911 to bring help to passenger but I panicked and went to get help from mom.

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

What are you on Probation for already? That will have an affect on how your case is resolved. Driving without a license and causing TBI (it's only "mild" if it's not YOUR injury!) are not a good recipe for staying out of jail, but that is where a good lawyer comes in.... View More

View More Answers

2 Answers | Asked in Juvenile Law and Sexual Harassment for California on
Q: Is it illegal for an adult(or a 17 year old) to send a 14 year old nudes(without consent).
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 15, 2019

Yes! Without knowing the fact pattern it is impossible to advise accurately, other than to say it is a bad idea that could land the adult or 17 year old in jail!

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: What's my best option to ask for dismissal WITH prejudice on a PC 422 based on superseding cause? Thank you

On 9/15 my son (defendant) was arrested/charged for felony PC 422 & misdemeanor PC 148 . I am his mother (victim). He's never hurt, hit or harmed me. (But 5/2019, I called the cops & he was charged with misdemeanor PC422. He was in jail a couple of days then "Fed cap kick".... View More

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

You need to hire an experienced criminal defense attorney to represent him. Once the call was made and the police arrived, it was out of your hands. It is sad that there are no longer mental health facilities to help people like your son and the jails are certainly not the right place.... View More

View More Answers

1 Answer | Asked in Juvenile Law for California on
Q: I’m just wondering, if a 12 year old dates a 16 year old, will the 12 year old be sent to juvenile?

I’m just curious, so I can know more about “dating” you know?

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 12, 2019

If sex is involved then both of you could end up in juvenile hall! Absent any sexual activity, there is no law against dating. However, it has been my experience that it is very hard to stop after things get heated.....

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: Can the jurors wear attire with the plaintiffs pictures on them . Also can jurors wear attire with " Black Lives Matter

Foreman and a few other jurors whore attire with Black Lives Matter and plaintiffs pictures on the clothing during. Court trial hearings

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 12, 2019

Seems like you are confusing civil and criminal cases. In a criminal case, the plaintiff is the State of California. In a civil case, someone is suing for damages and that person or entity is the plaintiff.

As far as jurors wearing the photo of one of the parties to the lawsuit; that would...
View More

View More Answers

2 Answers | Asked in Criminal Law, Estate Planning, Appeals / Appellate Law and Probate for California on
Q: As the former administrator to my mother's estate I have been chargd w/contempt for not turning over documents.

My brother whom my mother ADIMENTALLY expressed he make no decisions for her was appointed. She died intestate. The judge threw out my brothers OSC for procedure in non service, however she is asking me to comply anyway. How do I respond?

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 12, 2019

This is not an area of law built for DIYrs. You should find a Probate Litigator (most Probate attorneys don't litigate, so make sure you hire someone who goes to court) and retain them since your liberty is at risk in Contempt Hearings...

Good luck!

View More Answers

3 Answers | Asked in Criminal Law and Probate for California on
Q: What type of lawyer handles contempt charges in probate court?
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 12, 2019

Either your probate lawyer or a criminal defense attorney if you face the possibility of a jail sentence for the contempt..

Good luck!

View More Answers

3 Answers | Asked in Criminal Law for California on
Q: What does penal cold 3700.5 code have to do with penal code 1524
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 12, 2019

What is the context that you think there is a connection? PC 1524 deals with the issuance of search warrants to public utilities, such as the phone company, for your records. You are notified AFTER the search was completed.

Penal Code section 3700.5 deals with the setting of an execution...
View More

View More Answers

3 Answers | Asked in DUI / DWI for California on
Q: My son is 28, he got a dui in August 0f 2018 in Sacramento, CA. He paid all his fines and finished his dui classes.

He has a 2013 Hyundai registered in his name. I want to put it in my name and my insurance. Can he drive it?

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

If he has already finished his DUI class and mandatory IID time, there is no reason he can't drive your car. He has to maintain an SR 22 with the DMV even if he doesn't have a car in his name. Why do you want to let him drive the car in your name? It opens you to possible civil liability... View More

View More Answers

1 Answer | Asked in Federal Crimes and White Collar Crime for California on
Q: what do you do if its edd insider fraud
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 11, 2019

You file a police report and let th hem investigate!

2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: Can I charge some for stealing or otherwise unknowingly buying my cat and refusing to return him?
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 11, 2019

Only the DA or City Attorney can charge someone with a crime. Not sure about your fact pattern since you state they bought your car (or cat) unkowingly. If you are talking about a cat you are going to be hard pressed to get any action from the police.

If you are saying that someone else...
View More

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: Okay so I was wondering if they this cop did an unlawful search of my vehicle.

I was pulled over because supposedly i made a left turn in a straight lane. But in my defense I didnt see any road marks and i even used my blinker. Anyways she asked me for my is or drivers license which I didnt have cause i left my wallet at the hotel room like a dummy. She said had me get out... View More

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

Unfortunately, the law allows the officer to search for your license or ID. Of course there are limits to where they can search.

You should consult with a lawyer in your area immediately; most offer free consultations.

Good luck!

View More Answers

2 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Identity Theft for California on
Q: gaslight gang stalking

Expert Lawyers on gaslight and gang stalking, harassment, attempted murder in home

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

Sorry, is there a question you would like to ask?

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: Is it illegal 2 to ride a bike wrong way of traffic if I'm in the bike lane in California

The other side the road had no bike lane

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

The law states that you have to ride closest to the right. There is an exception to avoid hazards that might cover your situation.

I cant believe a cop would cite you under the conditions you described, but if so you should take photos of the area to show the lack of a bike lane on both...
View More

View More Answers

1 Answer | Asked in Criminal Law for California on
Q: My common-law husband passed away his daughter changed the locks on our house kick everything sold everything

She took the money that was in his account that was some of the money with mine she took all my belongings or his belongings the things we bought together what are my rights

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 9, 2019

First of all, there is no "common law" marriages in California.

Second of all, this is a probate issue, not criminal defense!

As far as her taking money that can be traced to you, that would be a theft that you can report it to the police.

Of course, if he had a...
View More

4 Answers | Asked in Criminal Law for California on
Q: If I was charged with domestic violence n had a court date n missed it,can I call a judge to get another court dat
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 9, 2019

No, there is probably a Bench Warrant out for your arrest! You must personally go to the Court clerk at 8 a.m. and put yourself on calendar. It would be better to retain a private attorney to try to keep them from taking you into custody. If you can't afford a private attorney, once you get... View More

View More Answers

4 Answers | Asked in DUI / DWI for California on
Q: My brother made an illegal u-turn and chp pulled him over.i was not inside the vehicle but was arrested for dui

I was walking a block and a half away and walked up to the car that my brother had already parked that's when I was put in cuffs.

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 8, 2019

The CHP would have to prove that you were driving at some point. If the CHP was directly behind the car when the U turn was made, there would be MVARS video of the driving and hopefully show that you weren't the driver.

Did they also arrest your brother? Were you in the car when he...
View More

View More Answers

1 Answer | Asked in Criminal Law for California on
Q: If I was search against my rights and they found drugs on me can I suppressed a motion and beated

I was stop for recycling or trash digging

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 8, 2019

Too much missing information to give you an answer. For instance, are you on Probation for anything that may have Search and Seizure conditions? If you were caught committing a misdemeanor that you were going to be arrested for (as opposed to being given a citation) the officers can say their... View More

1 Answer | Asked in Criminal Law for California on
Q: Would I get booked in if I show up to court ?

Ok so I got arrested on a d.v charge pleaded guilty and was released with an order to attend classes and a couple of things.. I went to my first court day once release to show proof I enrolled into class but haven't gone to the class nor did I show up to my second court day so a warrant was... View More

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Nov 8, 2019

You should retain an attorney or contact the attorney who represented you at the time of your plea. Judges are very strict on DV classes and you have already gotten an extension, so the Judge can violate your probation and sentence you to jail, community labor or prison if it was a Felony.... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.