Brian Andrew Bezonsky’s Answers

Brian Andrew Bezonsky

Los Angeles Criminal Defense Attorney.

Contributor Level 14
  1. What if the store owner drops the charges can the D.A. still fght the case? Will he still have to do time?

    Answered about 4 years ago.

    1. Brian Andrew Bezonsky
    2. John M. Kaman
    3. Robert Marshall Sanger
    4. Brian Russell Michaels
    4 lawyer answers

    It is the DA's office that filed Criminal charges in Court once they got the police reports etc from the law enforcement agency that arrested you. Even if the store owner now decides that he/she does not want you to be punished, it is unfortunately not the store owner's decision whether to reduce/dismiss the charges. So unfortunately the store owner cannot "drop the charges." In regards to speaking to the store owner - I recommend NOT speaking with the store owner. Attempting to dissuade a...

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  2. Do I need to re-pay counsel?

    Answered almost 4 years ago.

    1. Brian Andrew Bezonsky
    2. Elliot Rahmim Zarabi
    3. Philip Daniel Hache
    4. Scott Ryan Ball
    5. Isileli Tupou Manaia Mataele
    5 lawyer answers

    First, look to your Retainer Agreement/Contract. It is usually stated whether representation includes post plea hearings - ie. proof of completion/progress hearings. If the representation only included representation up to the time that there was a disposition in the case (your guilty plea date), then this additional service is not covered. If this is your first request for an extension to complete the hours of community service, and you can show that you have at least done some of the...

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  3. Home Invasion Robbery Case, Will paying a bond increase the chances of solving the case.. then keeping him in jail?

    Answered almost 4 years ago.

    1. Brian Andrew Bezonsky
    2. Erick Masten Platten
    2 lawyer answers

    It is true that it is easier for an attorney to work with a client on his/her case - reviewing facts, evidence, strategies, legal motions etc.. - when the client is out of custody, leading to the likelihood of more effective representation in my opinion. The availability of communications between an attorney and client are limited when the client is in jail. That being said, your concern is valid. I don't know the facts of his case, or the weight or nature of the evidence, but if he is...

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  4. Can I possess a firearm after having my possesion for sales charge dismissed?

    Answered almost 4 years ago.

    1. Brian Andrew Bezonsky
    2. David Jon Pullman
    2 lawyer answers

    California Health and Safety Code Section 11359 is a "Straight Felony", as opposed to a "Wobbler". This means that even though you can Petition for relief under Penal Code 1203.4, aka Petition for Dismissal/"Expungement", you cannot Petition the Court to Reduce the Felony to a Misdemeanor under Penal Code 17b3. Because this offense is not a "wobbler" and it cannot be reduced to a misdemeanor ever, your gun rights will not be restored. It may sound illogical that your case doesn't qualify...

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  5. In 2006 i was pulled over for no reson i was 19 i had no lic. or insurance i smelled like beer and cop did breath test on me

    Answered over 3 years ago.

    1. Brian Andrew Bezonsky
    2. Richard H Wilson
    3. Robert Laurens Driessen
    4. Brian Russell Michaels
    5. Robert Louis Miller
    5 lawyer answers

    If you were under 21, and did a breath test and the breath test showed ANY amount of alcohol in your system, you would be faced at the very least with an infraction charge whereby if convicted, the DMV would have suspended your license for one year. If you were charged with VC section 23152 (a regular DUI, instead of a baby DUI) because your BAC was above .08 or near .08, and you plead guilty to that charge, you would have been required to attend a Drinking Driver program (among many other...

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  6. Can someone please explain what each charge means?

    Answered about 4 years ago.

    1. Brian Andrew Bezonsky
    2. Robert Marshall Sanger
    3. Christopher Carle Kingsley Parkhurst
    4 lawyer answers

    For the purposes of this forum, I will be brief. Many attorneys offer a free consultation, which you may want to pursue since all of the answers you want may not be able to be addressed in a brief written response. The first two charges pertain to possession for sale of controlled substances. 11351 and 11378 are two different sections of the Health and Safety Code - the person is being charged with possession for sale of two different types of controlled substances. just by looking at the...

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  7. My brother has been charged with HS 11360a. He has no priors and is a medical marijuana patient. What can he expect?

    Answered over 3 years ago.

    1. Brian Andrew Bezonsky
    2. Joseph Vincent Camarata
    3. Sonia Pascher
    3 lawyer answers

    Health and Safety Code 11360(a) reads as follows: Transportation, importation, sale, or gift of marijuana; penalty. (a) Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished by imprisonment in the state...

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  8. Can they file criminal charges against me?

    Answered over 3 years ago.

    1. Brian Andrew Bezonsky
    2. Pius Joseph
    3. Joseph Briscoe Dane
    4. Terry Alan Nelson
    4 lawyer answers

    You need to consult in much greater detail and in confidence with an attorney in order to get an idea as to the likelihood of criminal charges being filed against you in this matter. However, based on the limited facts you provide: If you took the car without consent because you felt the person owed you money, and you would not return the car until they paid you money they owed you, you can be charged with GTA. Talk to a few attorneys with the details. And you might need to hire one.

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  9. If you are charged with a 245A (1) with 2 prior DV's would you be considered for 1 yr county time?

    Answered over 3 years ago.

    1. Brian Andrew Bezonsky
    2. Mark A. Broughton
    3. Elliot Rahmim Zarabi
    3 lawyer answers

    There are many factors that will determine the result in this case. Were the two prior DV's felony or misdemeanor convictions? How long ago were those cases? Was he on probation or parole when this alleged offense occurred? Is there a viable self defense affirmative defense as to this new charge whereby the person may be able to get this case dismissed or alternatively obtain a Not Guilty verdict at trial? What is the nature and the extent of the injuries to the complaining witness/...

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  10. What does a notarized tall waiver mean? Also, how can I "book and release"?

    Answered almost 4 years ago.

    1. Brian Andrew Bezonsky
    2. David Jon Pullman
    2 lawyer answers

    1. A Tahl Waiver is a form that advises you of all of your constitutional rights. Most Courts require a defendant to complete this form whenever taking a guilty or no contest plea. It is a form that you initilal many times, and sign a few times, indicating that you understand all of your rights, that you are waiving most of your rights, and that you are pleading guilty or no contest with a full understanding of the consequences. 2. If you want to take a plea (guilty or no contest) to your...

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