Brian Neal Gurwitz’s Answers

Brian Neal Gurwitz

Tustin Criminal Defense Attorney.

Contributor Level 11
  1. What are possible consequences for stealing $1000 under CA criminal code I am a juvenile

    Answered about 5 years ago.

    1. Ben Walter Pesta II
    2. Brian Neal Gurwitz
    2 lawyer answers

    The prior answer explains the "worst case scenario," which is certainly important. But it is also true that many first-time juvenile offenders receive diversion, either from the probation department or the court. An attorney can help achieve this result in some situations.

    2 lawyers agreed with this answer

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  2. Have L1 Visa. DUI case pending, can i travel abroad

    Answered about 5 years ago.

    1. Brian Neal Gurwitz
    2. Amy Treanor Morell
    2 lawyer answers

    The answer to your question depends on a number of facts not presented in your question, including whether you're out on bail, and whether the court or bail agent imposed any conditions on your release. Speak with an immigration lawyer before you leave the country. Congrats on the marriage.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. CA laws regarding expunging felony conviction

    Answered about 5 years ago.

    1. Brian Neal Gurwitz
    2. Ben Walter Pesta II
    2 lawyer answers

    The forms used in Orange County are found below, along with instructions. You can do this yourself or with the help of an attorney. The fee is actually $120.00. The $60 fee referenced in a prior answer applies to misdemeanor convictions, not felonies. http://www.occourts.org/forms/packets/packetnuml1280.html Best of luck to you --

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  4. Can charges be filed against her

    Answered almost 5 years ago.

    1. Brian Neal Gurwitz
    2. Robert Lee Marshall
    3. Theodore W. Robinson
    3 lawyer answers

    Yes, charges could be filed if the District Attorney decides to do so. The best short-time advice for the two of you is to refuse to discuss the case with anyone – including the girl, her family, or the police. If the police come to her and act like they want her side of the story and express doubt that the girl is telling the truth, don't be fooled. The police do this often in an effort to get the suspect to open up and trust the police. Also note that if the girl or one of her family...

    2 lawyers agreed with this answer

  5. Is it possible to reduce DUI charges to a wet reckless?

    Answered almost 5 years ago.

    1. Brian Neal Gurwitz
    2. Antonio Arturo Cota
    3. Joshua Gramling Stein
    4. Michael Douglas Shafer
    5. Amy Treanor Morell
    5 lawyer answers

    Poor driving isn't required to prove a DUI. Proof of it (and the lack of it) can be evidence that a person is or isn't intoxicated, but that's all. In other words, even if you were pulled over for an expired registration tag, and had been driving perfectly, the case could be proved based on: (1) the breath test, and (2) the officer's observation of you driving a vehicle. There may be some fact(s) that would give the prosecution a good reason to lower the charge to a wet reckless, but you...

    1 lawyer agreed with this answer

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  6. How can I remove a DUI conviction from my record? Does a DUI ever go away?

    Answered about 5 years ago.

    1. Brian Neal Gurwitz
    2. Hudson Thomas Bair
    3. Edward Jerome Blum
    3 lawyer answers

    Regardless of whether the DUI conviction is removed, it can be charged as a prior conviction for 10 years. It can also be considered for a variety of purposes - e.g., state licensing, etc. It will theoretically remain on your criminal record forever, with a notation that it was "dismissed" if you are able to get it expunged. Nevertheless, removing the DUI from your record does have some beneficial aspects to it, including the ability for you to say "no" when asked by a private employer if...

    4 people marked this answer as helpful

  7. How do I postpone my DMV hearing?

    Answered about 5 years ago.

    1. Lynn Gorelick
    2. Brian Neal Gurwitz
    3. Amy Treanor Morell
    4. Paul Samuel Geller
    4 lawyer answers

    If you're represented by private counsel, you should ask that attorney to seek a continuance with the DMV. You should beware, though, that even "beating" the charge in court does not guarantee you that the DMV hearing officer will reach the same result. Good luck,

    1 lawyer agreed with this answer

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  8. Can I get a license in CA if I got a dui in WA. I had my license suspened for 1 yr & ankle braclet for 1 month. I didn't renew

    Answered about 5 years ago.

    1. Brian Neal Gurwitz
    2. Robert Lee Marshall
    3. Edward Jerome Blum
    4. Linda Medeiros Callahan
    4 lawyer answers

    You might want to post this question in the Washington area rather than California. Licensing laws are different in California, and few California lawyers will be able to answer your question unless they've practiced in that state. Good luck,

    1 lawyer agreed with this answer

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  9. Are there occasions that you can you get a hit and run associated with a second dui dropped?

    Answered about 5 years ago.

    1. Brian Neal Gurwitz
    2. Robert Lee Marshall
    3. Jon William Woolsey
    4. Amy Treanor Morell
    5. Joseph Briscoe Dane
    5 lawyer answers

    The short answer is yes. Whether it is likely depends on many facts. I strongly suggest you speak with a local criminal defense attorney about your case. Best Regards,

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. After a plea can you go back and fight your case

    Answered about 5 years ago.

    1. Brian Neal Gurwitz
    2. John M. Kaman
    3. Edward Jerome Blum
    3 lawyer answers

    There are a number of ways that you can seek to vacate the plea agreement. It is usually very difficult to do, but it is certainly possible depending on the facts of your case, and whether you were represented by incompetent counsel. Most criminal attorneys offer free consultations. Your question really requires a consultation since there are way too many facts that an attorney would need to offer you any meaningful guidance. Best regards, Brian (Tustin criminal defense attorney)

    3 people marked this answer as helpful

Call or email Brian Gurwitz, seven days per week, for a free consultation.

714-880-8800