Skip to main content
Ann Anat Gottesman
Avvo
Pro

Ann Gottesman’s Answers

247 total


  • What are my options?

    A couple nights ago, my friend asked me for a ride from the bar to his house. I arrived at the bar which is also a restaurant and parked my car outside of the main entrance. We hung out for about 20 minutes while we each drank a beer including me....

    Ann’s Answer

    How did officer know just by watching you exit a bar that you were underage? Sounds like speculation and not reasonable suspicion to me. You may have a viable motion to suppress the evidence based upon an unlawful stop. You need a good criminal defense attorney. Try to hire one right away or else you will need to request a public defender on your first court date. Also, you need to fight the dmv suspension but you only have 10 calendar days to contest the suspension, or else your license will be suspended for at least a year. Get a good dui lawyer asap. Good luck!

    See question 
  • Arrest record expungement case dismissed without prejudice

    Felony pc 32 arrest case is dismissed without prejudice. Can i file for expungement of arrest !!! Any good specialized attorney !!!

    Ann’s Answer

    As my colleagues correctly stated, you can not expunge an arrest. .only a conviction . Sealing and destroying an arrest record requires a finding of facial innocence under 851.8 of the Penal Code. You will need an experienced attorney for this and it's not cheap as it requires a lot of work. There may be reasons not to do this until the statute of limitations expires but depending upon the timing it may also be too late to do a motion for factual innocence after the SOL has run on the charges. Speak to a good local criminal defense lawyer. Good luck!

    See question 
  • Will a 5150 (Psych Hold) show up on a live scan in the DOJ and FBI system?

    I applied for a school position and got hired but they need to clear my background first. I got a 5150 more than five years ago but will this show up in live scan results? I really want this job and I've been thinking about it all day! Any advice ...

    Ann’s Answer

    I can't recall ever seeing a 5150 hold on a clients DOJ buy if I had to guess I do believe it shows up because when a person applies for a license to purchase a gun, they can determine from DOJ if the applicant has a history of mental illness. A 5150 is supposed to show up. Like Mr Finnecy suggested, getting your own live scan DOJ record will tell you for sure if it shows. There are numerous live scan office locations listed on dojs website. Good luck!

    See question 
  • Why can't I get a copy of the police report?

    I am the victim in the report (DV) and the DA office advise me to go to the agency that made the report for a copy. Which I did but was told they could not give it to me because they are still investigating. I call back the DA's office and informe...

    Ann’s Answer

    The person arrested (your boyfriend? ) should hire an attorney or get a public defender, who will be able to only get the report in court on the court date. The police usually don't give it out unfortunately. But the defendant's attorney has a right to get it at the initial court date.

    See question 
  • Have I been convicted of a misdemeanor (for an application) if I've completed a diversion program and am off probation?

    I was arrested for shoplifting in California and charged with a misdemeanor a few (maybe 5?) years ago. As a 1st time offender, I was offered in court to complete the diversion program, which I successfully did and have finished my probation time....

    Ann’s Answer

    • Selected as best answer

    If you got diversion that means you were never convicted. The court may have told you to do some anti theft classes or community service and in 12 months of no new arrests, your case would be dismissed. If that's what happened then the answer is NO you have never been convicted. And your record would not show a conviction.

    See question 
  • Would a prosecutor consider withdrawing a warrant and reducing charges if they found it a good deal?

    Would a prosecutor consider reducing charges and withdrawing a warrant if the defendant was in his home country (non extradiction of nationals) and willing to come back to the U.S.?

    Ann’s Answer

    • Selected as best answer

    The answer is MAYBE. But it's the judge, not the prosecutor who has the power to recall the warrant. I've handled a few cases like this. The defense attorney can either appear on client's behalf on most misdemeanors and ask judge to recall the warrant, or on a FELONY, a motion can be filed under penal code section 977 (b)(1) asking judge to make a special exception in the interest of justice to allow attorney to appear without client. Once warrant is taken off (recalled), the person can come back to the county with less chance of being arrested at border. Once the person is in court with his or her lawyer, negotiations with the persecutor can go forward. Have your friend hire a local criminal lawyer asap. Good luck!

    See question 
  • Will I get prosecuted for taking a photo while driving?

    I'll say it first: I get the "Idiot of the day" award. I witnessed a pickup truck with an untethered dog in the back, which was jumping up and down some crates. I took a photo of the back of the truck and then exited the freeway. I pulled over an...

    Ann’s Answer

    • Selected as best answer

    I would say it's 99.9999 percent chance you will never get a ticket for that. Police have better things to do than track down a 911 caller who took a photo of a potential crime while driving.

    See question 
  • Is it a conflict of interest for an attorney to represent a confidential informant as well as the person arrested on the info?

    If an attorney represents a criminal who offers information to lighten their sentence or gain favor with the Prosecutor/D.A. , is it a conflict of interest for that same attorney to represent a person who was subsequently arrested based upon the i...

    Ann’s Answer

    Sounds like a conflict to me! Is your attorney doing this? Sometimes a client can sign a waiver for potential conflicts but it's not good practice generally for an attorney to represent a client when that attorney previously represented a witness or victim in the client's case.

    See question 
  • What to do when arresting agency won't destroy records after being granted 851.8 petition?

    After having an arrest several years ago, I ended up filing and being granted a petition of factual innocence under PC 851.8. Early this year I was contacted by the arresting agency and left a voicemail (still have message) stating that all of the...

    Ann’s Answer

    Since you already have the court order ordering the records to be destroyed, if you were my client I'd probably go to the station with court order and ask to speak to the watch commander (supervisor) and politely demand the records be destroyed. Sounds like an officer got a little lazy and never actually destroyed the arrest records. A visit or call from a lawyer may fox the issue without having to go back to court. Giod luck ď

    See question 
  • If an arresting officer gives a statement that directly conflicts with their body camera is that perjury?

    Arresting Officer stated that he took a concealed weapon out of defendants pocket when he was on the ground. Said that he confronted defendant and then cuffed him. In trial, the officer's body cam was played and it showed nothing of the sort. The ...

    Ann’s Answer

    Well a jury might think the cop is lying and it's certainly helpful to the defense, but the DA will rarely file perjury charges on any officer unless the evidence is overwhelming that the officer intentionally led under oath. If it's possible that the camera didn't capture the entire contact then the DA will usually give the benefit of the doubt to the cop. And that's why officers can usually lie without fear of consequences. I hope your friend has a good criminal defense attorney!

    See question