David S. Kestenbaum’s Answers

David S. Kestenbaum

Van Nuys Criminal Defense Attorney.

Contributor Level 14
  1. Should i report him?

    Answered about 2 months ago.

    1. David S. Kestenbaum
    2. Nima Haddadi
    3. Jay Scott Finnecy
    4. Andrew Stephen Roberts
    5. Alex Gregory Isbell
    6. ···
    8 lawyer answers

    This is not a criminal defense issue. You can go to the police if you want and make a report.

    12 lawyers agreed with this answer

  2. DUI arrest warrant. cops showed up to my house and gave me a ticket

    Answered 3 months ago.

    1. David S. Kestenbaum
    2. Craig Michael Sturm
    3. Thomas Westwood Degn
    4. Nicholas Milan Loncar
    5. James Roy Dickinson
    6. ···
    8 lawyer answers

    Since the officer gave you a ticket instead of arresting you, there is no bail to be posted at this time. There should be a court date on the bottom of the ticket, just like a traffic ticket. That is your day to appear in court and tell the Judge why you didn't finish your classes or, more importantly, appear in court when they were due. You should contact the attorney who represented you at the time of the plea or, if it was the Public Defender, show up that day and talk to the one assigned...

    12 lawyers agreed with this answer

  3. How long is the usual probation period for a 2nd DUI in Orange County, CA.

    Answered 11 days ago.

    1. David S. Kestenbaum
    2. Reve Gerardo Bautista
    3. Joseph Briscoe Dane
    4. Peter John Marek
    5. Cambria L Lisonbee
    6. ···
    15 lawyer answers

    It is usually 5 years on a second offense, although sometimes you can get 4. It depends upon how old the prior is; ie are you still on probation for the first one or is it 7 or so years old. Also, what your BAC was, whether there was an accident etc. More info is needed. But you are looking at a minimum of 4 years.

    11 lawyers agreed with this answer

  4. I am self surrendering july 11 to lynwood on a 2nd dui and max sentence is 50 days. What is the crowding like now?

    Answered 3 months ago.

    1. David S. Kestenbaum
    2. Greg Thomas Hill
    3. Valarie A McNeice
    4. Julia E. Simmons
    5. Jason Franklin Coker
    5 lawyer answers

    No one can tell you for sure how long you will do. You should also have a day or 2 of credits off the 50 days. Lynnwood is not as crowded as the men's jails. At this point, just hope that they screen you and release you.

    11 lawyers agreed with this answer

  5. Can I get charged with fraud? Just because I did a favor to deposit some checks to some people acc. And they were stolen.

    Answered 26 days ago.

    1. David S. Kestenbaum
    2. Sagar P. Parikh
    3. Andrew Lee Westover
    4. Tigran Grigoryan
    5. David Mark Wallin
    6. ···
    10 lawyer answers

    Yes, you could be charged with uttering a bad or stolen check for each of the stolen checks deposited. Your uncle didn't do you any favors as this is one of the oldest scams run at the banks. You should never cash or deposit a check for someone. Ask yourself why they aren't doing it. Also, since the checks were stolen, they probably didn't have your uncle's name and that gives you some notice that things are not on the up and up. If you are contacted by the police, you should NOT make...

    Selected as best answer

  6. Do I need court's permission to travel outside of the United Stated after getting a DUI?

    Answered 29 days ago.

    1. Troy Slaten
    2. James Roy Dickinson
    3. David S. Kestenbaum
    4. Hudson Thomas Bair
    5. Peter John Marek
    6. ···
    6 lawyer answers

    It depends upon whether you were placed on Formal Probation (Ventura cases) or informal probation. Formal probation requires that you get permission from the court and/or the probation officer. If you are on informal, there are no travel restrictions as long as you don't miss any post-conviction court dates. Caveat: If you plan on going to Canada, you will need a special visa due to the DUI conviction! I have represented athletes and musicians who get pulled off the tour bus at the...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. I got a DUI 4 months ago.Since then i have not started my assigned programs because of financial hardship. Now i want to start

    Answered 2 months ago.

    1. Mark K Rosenfeld
    2. Reve Gerardo Bautista
    3. David S. Kestenbaum
    4. Craig Michael Sturm
    5. Oscar Rene Gutierrez
    6. ···
    6 lawyer answers

    Judges will usually give you a re referral to the program, but you should not have waited so long. Contact your public defender immediately so your case can be put on calendar. The longer you wait, the more likely you will be put in custody. You can also ask for a fee evaluation.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. How can I apply for a public offender for a 1st time DUI case? And can my case be dismissed?

    Answered 2 months ago.

    1. David S. Kestenbaum
    2. Andrew Stephen Roberts
    3. Victor Murray Hwang
    4. Jason Franklin Coker
    5. Joshua Kaizuka
    5 lawyer answers

    You cannot get the Public Defender appointed until you appear in court on August 7th. The Bailiff will ask the audience who wants the PD and you will have to fill out a financial declaration and application. The Court then appoints one for you. HOWEVER, you only have 10 days from the date of your arrest to request a hearing with the DMV to try to save your driver's license. If you don't comply in time, your license will be suspended 30 days after your arrest. The PD does NOT do DMV...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. My DUI arraignment was delayed and I still haven't received anything in the mail about a date. Is this common?

    Answered 4 days ago.

    1. Michael Jon Fremont
    2. Mark K Rosenfeld
    3. Troy Slaten
    4. Greg Thomas Hill
    5. Matthew Murillo
    6. ···
    12 lawyer answers

    Stop calling, if they don't file within a year, case has to be rejected. If it was the CHP that arrested you, they are always late on bringing the paperwork to the prosecutor to file. You will get a Voluntary Appearance letter in the mail. If you have the discovery from the DMV hearing, set up a free interview with a top AVVO attorney (10) and they can review it and let you know what you are looking at. Further, if you were arrested in Ventura County, they take almost a year to file...

    8 lawyers agreed with this answer

  10. DUI Defendant wants to object at criminal court hearing to pay ordered restitution as I filed a civil suit to protect myself.

    Answered 29 days ago.

    1. Adam Paul Eberts
    2. David S. Kestenbaum
    3. Hudson Thomas Bair
    4. Lisa M. Jensen
    5. Julia E. Simmons
    6. ···
    7 lawyer answers

    As a criminal defense attorney, i am always puzzled by victims of DUI accidents who hire a PI attorney and therefore have to give them between 33.33% and 40% of the restitution when there is a Restitution Hearing and an Order for Restitution in the criminal case. There would be an offset of the money paid in criminal court against anything that you recover in the civil case to prevent double dipping. Additionally, the Restitution Order can be made into a Civil Judgement so that you don't have...

    8 lawyers agreed with this answer

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