Brian Neal Gurwitz’s Answers

Brian Neal Gurwitz

Tustin Criminal Defense Attorney.

Contributor Level 11
  1. N the goverment appeal the judges decision

    Answered over 4 years ago.

    1. Brian Neal Gurwitz
    2. Deirdre Lynn O'Connor
    3. Michael Mott Brewer
    3 lawyer answers

    I agree with Ms. O'Connor answer. The prosecution's right to appeal a judge's decision is much more limited than a defendant's right to appeal a decision. The only thing I'd add is that an appeal of a misdemeanor case goes to the appellate division of the superior court, rather than to the court of appeal.

    1 lawyer agreed with this answer

  2. Jail time for first DUI?

    Answered over 4 years ago.

    1. Antonio Arturo Cota
    2. Michael Douglas Shafer
    3. Brian Neal Gurwitz
    4. Amy Treanor Morell
    5. Alan James Brinkmeier
    5 lawyer answers

    WIth the caveat that I don't practice in your county, I can tell you what I know about how these cases are handled in Orange County. Assuming there is nothing out of the ordinary about your case (e.g., you have no prior criminal record and committed no other offense at the time of the DUI), the chance of you getting jail time in OC would be zero. In 15 years as a lawyer in this county, I've never seen it happen. I agree with those who suggest that you should still consult with an...

    1 lawyer agreed with this answer

  3. Do you have to be convicted of a felony for the police to take a DNA sample or is simply being charged enough?

    Answered almost 5 years ago.

    1. Brian Neal Gurwitz
    1 lawyer answer

    Beginning this year, everyone arrested for a felony offense (regardless of whether they are later charged with a crime) must submit DNA samples to the California database. In some circumstances (e.g., no charges are filed), the arrestee can petition the court to have the sample removed.

    2 people marked this answer as helpful

  4. I was arrested for (first) DUI and my blood alcohol results is .19%. Am I facing jail time? How often that happens?

    Answered almost 5 years ago.

    1. Joseph Briscoe Dane
    2. Brian Neal Gurwitz
    3. Robert Lee Marshall
    3 lawyer answers

    In my 15 years as an Orange County attorney, I've never seen a person sentenced to jail time for a first-time DUI without more (e.g., prior convictions, probation, injury, lying during trial, etc.). Your chance of getting jail on a first-time DUI with none of these things is approximately zero.

    2 people marked this answer as helpful

  5. Can I fight a speeding ticket because it has an exaggerated speed on it (84 in 60 zone) and I was speeding but not that fast?

    Answered almost 5 years ago.

    1. Brian Neal Gurwitz
    2. Alan James Brinkmeier
    2 lawyer answers

    The answer depends on what you were cited for. Assuming you were not charged with anything that requires proof of a specific speed limit (e.g., 20 miles over the posted speed), then no, it is not a defense. One mile over the posted speed limit would be all the proof needed to convict you. My advice to people who want to fight tickets is to do a trial by declaration and hope the officer doesn't respond. If he or she does respond, and you are convicted, you can then go to court for a trial...

    2 people marked this answer as helpful

  6. Proposed California Bill AB 91, what are the effects of the new law and how does it effect the current laws?

    Answered almost 5 years ago.

    1. Brian Neal Gurwitz
    2. George Fredrick Mueller
    2 lawyer answers

    My prediction is that a companion bill (SB 598) signed into law yesterday will allow you to apply for a restricted license starting on July 1, 2010. Please read my blog post on this at the link posted below. Brian Gurwitz Orange County, California

    2 people marked this answer as helpful

  7. Is it possible to get a, "under the influence of stimulant 11550(a)H&S," charge dismissed?

    Answered almost 5 years ago.

    1. Joseph Briscoe Dane
    2. Brian Neal Gurwitz
    3. Edward Jerome Blum
    4. James Brian Campbell
    4 lawyer answers

    I agree with Mr. Dane's response. The only thing I'll add is that you need to make sure that your attorney lets you know for certain that you are ineligible for PC 1000 (diversion) before agreeing to participate in the Proposition 36 program. If you are eligible for PC 1000, this is usually the better option.

    2 people marked this answer as helpful

  8. Criminal Defense Attorney? Incompetent "insanity plea"

    Answered almost 5 years ago.

    1. John M. Kaman
    2. Brian Neal Gurwitz
    3. Jonathan H Levy
    3 lawyer answers

    Mr. Kaman is correct. For the benefit of you and others who may be interested, I'll simply add the following basic definitions: 1) Insanity – This is a legal defense to a crime when the defendant can prove that due to a mental issue, he did not understand the nature and quality of his act (i.e., the alleged crime), or that he could not distinguish right from wrong. 2) Competence – Any defendant facing criminal charges must be mentally competent. This basically means that he must be...

    1 lawyer agreed with this answer

  9. Arrested and charged with 11550(a)hs. What should I do? thanks

    Answered almost 5 years ago.

    1. Brian Neal Gurwitz
    2. Niranjan Fred Thiagarajah
    3. Nicole Quijano Valera
    3 lawyer answers

    Health and Safety Code section 11550 makes it a misdemeanor to be under the influence of certain controlled substances. The specific controlled substances are set forth in the statute. It is confusing to read, though, since it refers to various subdivisions of several other statutes. In short, a stimulant can be a controlled substance (e.g., methamphetamine is a common one), but not every stimulant is covered – caffeine and nicotine being two examples. Even though this is "only" a...

    2 people marked this answer as helpful

  10. Can a Def.in criminal court after parolled be held in viol.for nonpayment of Court Order restitution to victim,2yrs.later?

    Answered almost 5 years ago.

    1. Brian Neal Gurwitz
    1 lawyer answer

    Yes, a parole violation can be alleged based on failure to pay, but it is highly unlikely. First, the failure would have to be intentional (i.e., he has enough money but refuses to pay anything). Second, prison overcrowding means that the state authorities are far less likely to do anything when the parolee hasn't committed a new offense. I strongly urge you to retain a collections attorney (on a contingency basis - don't pay anything up front) who can show you how to convert your...

    2 people marked this answer as helpful

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

714-880-8800