Brian Neal Gurwitz’s Answers

Brian Neal Gurwitz

Tustin Criminal Defense Attorney.

Contributor Level 11
  1. What is going to happen since I was pulled over and given a traffic infraction for using my cell phone while driving in CA?

    Answered almost 5 years ago.

    1. Brian Neal Gurwitz
    1 lawyer answer

    You can be fined a maximum of $20, with the addition of penalty assessments on top of that. The total amount will be around $60 or so. The DMV does not add a point for this violation. The fact that your device broke shortly before the offense is not a defense. An interesting note is that minors (<18 years old) are not permitted to drive while speaking on the cellphone, even with a handsfree device. This is set forth in Vehicle Code section 23124. Good luck and drive safely,

    3 people marked this answer as helpful

  2. Vacation of misdemeanor DUI

    Answered almost 5 years ago.

    1. Brian Neal Gurwitz
    2. John M. Kaman
    3. Edward Jerome Blum
    4. Amy Treanor Morell
    4 lawyer answers

    The forms for seeking a 1203.4 expungement can be found online. They are fairly easy to fill out. A $60 fee is required for misdemeanors, but this can be waived upon a showing that the petitioner cannot afford it. On the other hand, any competent criminal defense attorney can do it for you if you would prefer not to do it yourself. While your good works are certainly commendable, you should know that you are automatically entitled to expungement without making any specific showing of good...

    1 lawyer agreed with this answer

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  3. Ability to move for a finding of factual innocence for past crime in CA state

    Answered almost 5 years ago.

    1. John M. Kaman
    2. Brian Neal Gurwitz
    3. Brian Richard Dinday
    3 lawyer answers

    I can't imagine many situations where a finding of factual innocence would be made if you pled guilty to the offense or were convicted at trial. It is theoretically possible, I suppose, but the petition should be denied if there is reasonable cause that you committed the crime – regardless of whether there is proof beyond a reasonable doubt.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. How many years of school do you have to do to become a criminal lawyer?

    Answered almost 5 years ago.

    1. Brian Neal Gurwitz
    2. Kevin Paul Smith
    3. John Patrick Guidry II
    3 lawyer answers

    To become a criminal lawyer in California, a person must first pass the bar. This happens after graduation from law school. Law school lasts for 3 years for a full-time student, and four-years for an evening program. At least one program in the country (Southwestern in Los Angeles) offers a two-year program. Most law schools (but not all) require a bachelor's degree (typically a four-year program) as a condition of admission. I was a prosecutor for 13 years before entering private...

    1 lawyer agreed with this answer

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  5. Speeding Ticket Record

    Answered almost 5 years ago.

    1. Joshua Matthew Dale
    2. Brian Neal Gurwitz
    2 lawyer answers

    It is true, as the prior answer states, that you could file a petition for a finding of factual innocence. However, these motions must be denied unless there is no reasonable cause to believe you committed the offense. This is a VERY difficult test to meet. In many cases, reasonable suspicion exists even though the defendant's guilt was not proven beyond a reasonable doubt.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. I was recently convicted of a DUI in CA 45 days ago. Is it too late to appeal or vacate?

    Answered almost 5 years ago.

    1. Brian Neal Gurwitz
    2. Matthew Edward Williamson
    3. Amy Treanor Morell
    4. Edward Jerome Blum
    4 lawyer answers

    Your time to file a notice of appeal passed 30 days after the plea. Depending on the nature of your claim, you may still be permitted to ask the court to set aside your plea. Note that this is usually a steep hill to climb. Judges will not typically grant this motion unless you have a very good reason for doing so. The law favors "finality," and does not permit people to set aside guilty pleas based simply on "buyer's remorse" or simply regret that a different choice wasn't made. You...

    1 lawyer agreed with this answer

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  7. What is the range of time to be served for robbery without a weapon, but they fought the clerk?

    Answered almost 5 years ago.

    1. Joseph Briscoe Dane
    2. Brian Neal Gurwitz
    2 lawyer answers

    Robbery can be punished by 2, 3, or 5 years in state prison, assuming there are no other charges or enhancements alleged. But note that a judge is not required to sentence someone to prison for robbery. (Again, this could change if certain enhancements are alleged.) A judge may impose probation and order a defendant to serve time in jail (generally up to a year) as a condition of that probation, and as an alternative to a prison sentence. Best,

    1 lawyer agreed with this answer

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  8. Do i have to testify against my brother

    Answered almost 5 years ago.

    1. Brian Neal Gurwitz
    2. Howard Woodley Bailey
    2 lawyer answers

    If you are subpoenaed as a witness, you can generally be compelled to testify against him. The fact you are his brother, and the fact you don't want to testify, will not excuse you. But note that if there is any fact that might come up on direct- or cross-examination that would involve you incriminating yourself, you may have the right to remain silent. In such a case, the district attorney would have to grant you immunity from prosecution in order to make you testify. To decide if you have...

    1 lawyer agreed with this answer

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  9. I am 17 and I was arrested for being drunk in public. The police will want to press DUI charges. Can they? What is the penalty?

    Answered almost 5 years ago.

    1. Brian Neal Gurwitz
    2. Amy Treanor Morell
    3. Manny Daskal
    4. Edward Jerome Blum
    5. Michael Jon Fremont
    5 lawyer answers

    The statute that makes it a crime to be drunk in public is Penal Code section 647(f). To prove the case, the prosecution is required to show that the person was so intoxicated that he was unable to care for his safety or the safety of others. This would be a fairly difficult standard to prove if you were capable of walking, speaking, etc. The punishment is up to six months in jail, and/or a $1,000 fine, but these cases virtually never result in jail time in Orange County courts, where I...

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  10. Can parents or children face criminal consequences for using a fake address for school enrollment in CA state

    Answered almost 5 years ago.

    1. Brian Neal Gurwitz
    1 lawyer answer

    Jim, Your question refers to Indiana, but the title of your post refers to California. In this state, a child may attend school in the district where he or she resides. (See Education Code section 48204.) Legal residence can mean many things, but by far the most common situation is the location where the child lives with his parent or guardian. If a parent lies about residency, the district attorney of the County can file perjury charges under Penal Code section 126. In some districts,...

    1 lawyer agreed with this answer

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

714-880-8800