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David S. Kestenbaum
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David Kestenbaum’s Legal Cases

8 total

  • People v. C.N.

    Practice Area:
    Criminal Defense
    Date:
    Jun 10, 2009
    Outcome:
    Felony case dismissed at Preliminary Hearing
    Description:
    D arrested for Possession for sale of Narcotics in Ventura county in 2007. David S. Kestenbaum was able to get the case rejected due to illegal search. However, in January 2009, the Defendant was arrested again for the same charges. Mr. Kestenbaum filed 3 Motions: To Dismiss due to the delay in prosecution; To Dismiss due to Miranda violations; To Dismiss due to illegal search. The District Attorney submitted on the Motions prior to the Preliminary Hearing and dismissed the felony charges against the client.
  • People v. J.H.

    Practice Area:
    Criminal Defense
    Date:
    Jun 23, 2009
    Outcome:
    Felony dismissed at Preliminary Hearing
    Description:
    Client arrested at first for DUI investigation. During booking, CHP found small amount of cocaine and arrested for felony possession. Mr. Kestenbaum filed a Motion to Suppress the evidence based on an illegal arrest. After the officer testified, the Court granted the Motion to Suppress and the case was DISMISSED!
  • People v. RB

    Practice Area:
    Criminal Defense
    Date:
    Mar 26, 2015
    Outcome:
    CASE REJECTED!
    Description:
    Client arrested for assaulting a woman in a "parking lot rage" incident. My investigator was able to get statements from witnesses that showed that the woman was the aggressor! I contacted the prosecutor immediately and provided him with the statements.
  • People v. CE

    Practice Area:
    Criminal Defense
    Date:
    Feb 27, 2015
    Outcome:
    CASE DISMISSED!
    Description:
    Client arrested in Thousand Oaks for Resisting Arrest (PC 148). Client was outside a local bar having a cigarette. A Sheriff approached and demanded to see his ID. The client asked why and the Sheriff said if he didn't comply, he would be pepper sprayed! The client said "Really?" at which point he was pepper sprayed and then shot with a Taser. Luckily, the deputy was wearing one of the new video cameras on his vest. In the report, he stated he used force because he had "no backup and had just returned from a back injury" so he was afraid of my client. At his arraignment, the DA offered time served and no probation. I declined the offer until I could review the video and requested it on the record. I received a call from the Head Deputy in Ventura County informing me that the case was going to be dismissed!
  • People v. DM

    Practice Area:
    Criminal Defense
    Date:
    Mar 10, 2015
    Outcome:
    CASE DISMISSED ON EVE OF TRIAL!
    Description:
    Client charged with DUI in Ventura County. Breath test at scene was .08/.07 and at the station was .08/.09. I retained an expert who evaluated the timing of my client's drinking vis a vis the stop and test at the station. Expert's opinion was that the BAC was "on the rise" and was likely to have been a .07% at the time of driving. I provided the report to the DA who still wanted to go to trial. On the day we were to start picking a jury, the DA informed me that their expert agreed with my expert and the case was dismissed!
  • People v. PL

    Practice Area:
    Criminal Defense
    Date:
    Apr 14, 2015
    Outcome:
    Civil Compromise
    Description:
    Client was in road rage incident with a woman in the San Fernando Valley and was charged in court with vandalism for hitting her car with his hand and battery for spitting on her. Case was set for trial and when the victim appeared I met with her, explained the situation and convinced her to agree to a civil compromise (PC 1377-78) that resulted in the case being permanently stayed and dismissed.
  • People v. MM

    Practice Area:
    Criminal Defense
    Date:
    Feb 18, 2015
    Outcome:
    Client placed on Probation instead of sentenced to prison and No Sex Registration!
    Description:
    Client charged with Felony Assault to Commit Rape and other charges after an incident on a bus. Originally represented by the PD, the offer was 7 years in Prison with a strike and life-time registration as a sex offender. My investigation revealed that it was not a sexual assault, but that there was a physical fight. After the Preliminary Hearing, and the denial of a 995 Motion, the DA finally agreed and allowed the client to plead to an Assault and no registration! Client was placed on 3 years of Formal Probation and given credit for time served!
  • People v. CH

    Practice Area:
    Speeding & Traffic Ticket
    Date:
    Mar 17, 2015
    Outcome:
    Not Guilty of Going over 100 MPH; Guilty of Speeding and given traffic school!
    Description:
    Client cited for exceeding 100 MPH on 23 Freeway. Facing 30 day license suspension. On day of trial, I took the CHP officer out to client's car to observe the new wheels that client had put on his car. The rims were 22 inch whereas the original rims were 18 inch. During the trial, the officer agreed with me that by putting the larger wheels on, the client's speedometer would read slower than his actual speed, which the officer estimated at 104 MPH. I argued that there is a 10% degree of error in the speed estimate and admitted that my client was going over 65 MPH, but under 100 MPH. I also presented the court with my client's apology and resume.