Michael Moshe Levin’s Answers

Michael Moshe Levin

North Hollywood Criminal Defense Attorney.

Contributor Level 15
  1. Misdemeanor DUI trial imminent. Can you give an example of what case deficiencies might allow for 1118.1 motion to be granted?

    Answered 11 months ago.

    1. Michael Moshe Levin
    2. Christopher Carle Kingsley Parkhurst
    3. Anthony Michael Solis
    4. Christine C McCall
    5. Greg Thomas Hill
    6. ···
    6 lawyer answers

    It can only be granted where there is a lack of "substantial evidence" as to one or more elements of the offense. Put another way, there has to be something so lacking that no reasonable jury could conclude, beyond a reasonable doubt, that the something existed. Example: one element is that you are driving. Let's say that the officers testify that you were NOT driving the vehicle when they encountered you, but that you were simply standing next to it. They offer no evidence as to whether...

    24 lawyers agreed with this answer

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  2. Female charged w/ DUI. I was on my period/menstruation, also had a broken tooth (filling fell out). Should I tell my lawyer?

    Answered about 1 year ago.

    1. Michael Moshe Levin
    2. Paul Henry Neuharth Jr
    3. Anton Vialtsin
    4. John Joseph Joyce III
    5. Anthony Michael Solis
    6. ···
    13 lawyer answers

    You should tell your lawyer, but I'm skeptical.

    22 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Immunity granting by a federal prosecutor in a federal investigation

    Answered 11 months ago.

    1. Greg Thomas Hill
    2. Anthony Michael Solis
    3. Michael Kevin Cernyar
    4. William A. Jones Jr.
    5. Michael Moshe Levin
    6. ···
    9 lawyer answers

    Get a lawyer FIRST. Have the lawyer deal with the Feds.

    19 lawyers agreed with this answer

  4. What is the definition of a CRIMINAL DEFENSE ATTORNEY???

    Answered 12 months ago.

    1. Greg Thomas Hill
    2. Ryan Shea Conrad
    3. Jasen Bodie Nielsen
    4. Andrew Stephen Roberts
    5. Michael Moshe Levin
    6. ···
    8 lawyer answers

    Click on the following link for a full explanation: http://www.wegmanlevin.com/areasofpractice/criminal-defense/

    16 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Reversing a gang enhancement

    Answered 11 months ago.

    1. Michael Moshe Levin
    2. Oscar Ernesto Toscano
    3. John M. Kaman
    4. Dan Eugene Chambers
    5. Stephen Ross Cohen
    6. ···
    6 lawyer answers

    Insufficiency of the evidence is a valid basis for reversal on appeal. But for the evidence to be insufficient, it has to be truly missing. The Court of Appeal uses a standard called "substantial evidence" which means, in reality, enough that a reasonable jury could have found it to be true. In order to be insufficient, it has to be unreasonably little such that no reasonable jury could find the allegation true.

    15 lawyers agreed with this answer

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  6. How can I get felony charges / probation violation dropped ?

    Answered about 1 year ago.

    1. Michael Moshe Levin
    2. Moises Aguilar
    3. Anthony Michael Solis
    4. Joseph Salvatore Farina
    5. James Brian Campbell
    6. ···
    10 lawyer answers

    664/459 is attempted burglary. It is a specific intent crime. A mental impairment can be a defense to a specific intent crime. You need a lawyer AND a psychiatrist.

    14 lawyers agreed with this answer

  7. MY FRIEND WAS CHARGED WITH 2 HOME INVASIONS AND THEY WANT TO GIVE HIM 25 TO LIFE CAN ANYONE TRY TO GIVE MY ADVICE?

    Answered 12 months ago.

    1. Michael Moshe Levin
    2. Martin N Lijtmaer
    3. Dan Eugene Chambers
    4. Michael Kevin Cernyar
    5. Katherine Elizabeth Hardie
    6. ···
    7 lawyer answers

    You need to get a lawyer. Misidentification cases happen all the time. Call some of us here on Avvo. Lots of us offer free consultations.

    13 lawyers agreed with this answer

  8. Can an international student get deported for a first offense DUI?(23152 a misdemeanor?

    Answered 12 months ago.

    1. Michael Moshe Levin
    2. Greg Thomas Hill
    3. Michael Jon Fremont
    4. Brian Russell Michaels
    5. Todd F. La Neve
    6. ···
    7 lawyer answers

    It is not a crime of moral turpitude nor an aggravated felony, so it would fall into the "minor crime" exception. However, as the other attorney suggested, get a good DUI / criminal defense lawyer in Los Angeles and consult an immigration attorney.

    13 lawyers agreed with this answer

  9. Can a public defender inform the family members of the defendant about the on going case?

    Answered 12 months ago.

    1. Michael Moshe Levin
    2. Vijay Dinakar
    3. Anthony Michael Solis
    4. Jay Scott Finnecy
    5. Katherine Elizabeth Hardie
    5 lawyer answers

    PD CAN if authorized by defendant. PD doesn't have to, though, as it isn't required.

    13 lawyers agreed with this answer

  10. Can I own an pcp air gun in san diego ca if I am on informal probation for under 21 dui? how can I get terms of probation?

    Answered about 1 year ago.

    1. Michael Moshe Levin
    2. Greg Thomas Hill
    3. Michael Jon Fremont
    4. Jasen Bodie Nielsen
    5. David Philip Shapiro
    5 lawyer answers

    You have to look at the terms of your probation. You were given a document at the time you were sentenced. That has the conditions. If you lost it, contact your lawyer to obtain a copy. Failing that, go to the court clerk and ask for a copy. Most likely, there won't be a condition prohibiting it. But you HAVE to look. Anything you agreed to could be included as a probation condition.

    13 lawyers agreed with this answer