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David S. Kestenbaum
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David Kestenbaum’s Answers

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  • What law protects people from these who file crime reports against them?

    If a person files a report and the police at that agency drop the mater, and then goes to another city where the person lives who is the one she alleged committed a crime, files another similar report and they drop it, how may times can this go on...

    David’s Answer

    It depends upon what crime is being alleged. The police will only investigate crimes that somehow have a nexus to their jurisdiction. If not, they can only refer it to the appropriate agency that does have jurisdiction. Of course, if it is a Federal crime, the jurisdiction is broader.
    Generally, after ine, no less two agencies decline to investigate, another agency would be hard pressed to decide one should be initiated.

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  • I need a pro bono atty to take a possession case out of bellflower court to file motion to quashwarrant..or motion to supress

    Search warrant seeved on room mate for sales of multi dwelling house. Warrant was vague no probable cause no copy of anything violated busted in every roommates room aressted everyone at house all against fourth amm rights

    David’s Answer

    When you go to court they will appoint the public defender if you can't afford an attorney.

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  • I need emergency free legal advice for my son

    My son is 18 and moved to college last week. Today he calls me and says he did something wrong and wants to go to the police and tell them what happened. Apparently he and his friendl met two guys who til his friend to get checks from his account ...

    David’s Answer

    • Selected as best answer

    Confess or make this into a learning experience? Your son should run (not walk) to an attorney first and explain the situation. We are trained to de-escalate the situation without your son picking up a criminal record for a crime of moral turpitude. There are ways to do this, but he should not expect the police to give him a ribbon for fessing up. He will just become one of the co-defendants!
    Most criminal defense attorneys offer free consultations. Where ever he is going to school, have him contact an attorney there who is familiar with the police and prosecutors in order to protect him.

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  • I need separate and/or divorce advice. I believe my husband is mentally ill--bi-polar, borderline personality disorder, or other

    My husband and I have been married for nearly 20 years. For nearly 10 of those years, my husband has had inexplicable outbursts, mood swings, and, as have just learned, secret impulsive squandering. He insists that he has no problem and refuses p...

    David’s Answer

    I agree with Mr. Gross and have reclassified to remove Domestic Violence so you aren't directed to the Criminal Defense section. Use the Find a Lawyer tab here on AVVO and schedule a consultation with a Family Law attorney.

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  • What is the legal effect if my blood was drawn 3 hours after I was in an accident for DUI

    I was reading that this time lag will create a problem for the DA or the DMV. Is that true?

    David’s Answer

    • Selected as best answer

    Title 17 of the Administrative code states that for DMV Admin per se hearings, the blood or breath test must be completed within 3 hours of driving. If not, it is inadmissible in that hearing. For court purposes however, it is admissible but there is a jury instruction about the "weight" that the test should be given.
    As Mr. Finnecy said, get thee to a lawyer NOW! There are definitely defenses when there is a time lapse. .

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  • Disturbing the peace requirement for a domestic violence restraining order?

    Disturbing the peace- ( destroying the mental or emotional calm of another) seems to have a very broad definition. What would a petitioner have to show by reasonable evidence to win a domestic violence restraining order based on disturbing the pea...

    David’s Answer

    If you have recordings (audio or visual) of the conduct that is affecting the peaceful enjoyment of your home. In criminal law, disturbing the peace is covered by PC 415. However, there is probably a different definition with regards to restraining orders that i will leave to the family law attorneys to address.

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  • Should I fight this by declaration or trial? How likely to prevail?

    I was cited for violation of California vehicle code 23123(a) cell phone in use not hands free. I was using a map application on my cell phone at the time and the CHP informed me it has to be hands free. I believe there is caselaw (People v. Sprig...

    David’s Answer

    The court case you refer to is not binding other than in that District, so if your ticket is out of a different judicial district, the other courts don't have to follow it. That being said, you can make the same arguments made by Mr. Spriggs by showing your phone bill with no calls on it at the time you were pulled over..
    As for trial by declaration, it depends upon which court.. In Van Nuys, for instance, the LAPD pays the officers OT to fill out the trial by Declaration response. Then the Judge finds everyone guilty. When you appear for your trial de novo, she puts notes on the file for the trial judge NOT to reduce the fine etc. And LAPD dings the cops if they don't have a good excuse for not showing up... If you can, set your trial for the Friday before a 3 day weekend when all cops take their mustaches, boats and girlfriends to the river!
    Good luck!

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  • Trying to find someone to drop of court papers in drop box at ventura county court house today

    Any one who can take my papers to the ventura county court house by 430 today? Maybe I can scan and email them to someone to print out and take them? What would that cost?

    David’s Answer

    Contact a company that does court filings. But at this hour, it will be expensive....If you are in TO, i suggest you get on the 101 NOW! I take it you have to file your signed conditions of probation today?

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  • Does someone have to lawfully comply with a program called CEC when caught shoplifting.

    a friend of mine was caught shoplifting and the store instead of calling the police stated that she needed to comply with this CEC program which includes a payment as well as some online classes. no contract was signed and all they did was take do...

    David’s Answer

    Sounds like the store has it's own diversion program! They have a year to file misdemeanor charges, so you can sit and wait. It must have been under $50, correct?

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  • My husband got a stay away order but i didt request it how can o cancel that order from the judge

    He got drunk and throw something that hit me ony lip i call 911. Took him to jail, he got court today so the judge told him he got a stay away order and some fines. I didt request nothing i do not press charges on him.

    David’s Answer

    • Selected as best answer

    If he got some fines it means he plead guilty or no contest. If you do not want the stay away order, you need to contact the prosecutor and exercise your rights as a victim to be heard (Marsey's law) and ask the Judge for a "peaceful contact" order. That would allow you to be together but he can't argue or hit you. To be honest, once the police and DA got involved, it is somewhat out of your hands. In fact, even with you appearing in court and asking the Judge to remove the stay away order, they may not grant it. Many Judges require that the defendant complete at least some Domestic Violence classes. They are all afraid the something worse than a fat lip may be the result if they don't order him to stay away.
    The DA should have contacted you to get your input, but they often leave that to the Judge and ask for the most onerous order. You should also contact his lawyer to put the matter on calendar so you can talk to the Judge.

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