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Brian Neal Gurwitz
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Brian Gurwitz’s Answers

109 total


  • Selling a minor and disorderly conduct after a DUI.

    My exhusband got a dui in orange county 3 yrs. ago and this past month he was caught give beer to my son who is under 18, so he got two charges. Disordly conduct and selling beer to a minor. This last charge was in San Bernadino county. Will the j...

    Brian’s Answer

    Yes, the judge and prosecutor will know about the prior DUI conviction. It will show up on his "rap sheet," which will be readily available to both.

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  • Am i going to jail.?

    just wanting to know what is the most liekly action a judge will hand down. for the crime of first DUI. also violating a 12 month summary probation with less than 4 months left?

    Brian’s Answer

    The answer depends largely on your criminal record - i.e., what were you on probation for? what is the extent of your prior criminal record? It also depends on whether there was anything unusual about your DUI. I specialize in Orange County cases, and I know that it would be very unusual to see a jail sentence imposed in Orange County unless the defendant's record was a particularly bad and/or there was something particularly aggravating about the DUI. You should hire a lawyer familiar with the practice in Ontario, or speak with a public defender if you cannot afford one.

    Good luck to you -

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  • Is it legal to search a home 2x in two hrs w/o search warrant, parolee or parole officer there? for certain items?

    home was searched then the officers left and came back hr and half later to look for other items w/o warrant, parolee was in custody during both searches no parole office was there is gthis legal

    Brian’s Answer

    If the police officers knew he was on parole, then they can generally search his home without a warrant and without knowledge or permission of a parole officer. The fact the parolee was in custody doesn't make it illegal, so long as his belongings were still there.

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  • Is it possible to get a lawyer to work on a case for free?

    My friend is in jail and is being accused of robbing an elderly lady at her home. The thing is that he was walking to his grandmother's house; a couple of blocks away from the area where the robbery occured. The police simply arrested him and said...

    Brian’s Answer

    Yes it is possible to easily get an attorney to work on the case for free if he can't afford to hire one. This is the job of a public defender, who is paid by the state. (Sometimes, the court charges the defendant a very minimal amount at the end of the case if it finds the client has the ability to pay, but that does not always happen.) Attorneys are often reluctant to work for free on a criminal case since anyone accused of a misdemeanor or a felony gets one appointed at the government's expense. Pro bono work is usually for cases where the client otherwise would not be able to obtain a lawyer. I realize that public defenders have a terrible reputation among some, but almost every one I've come across is better than the private attorneys who work for very low fees.

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  • Been charge with domestic violence, unlawful sexual intercourse,& 2 probation violations?whats the sentencing & consequences?

    he has a restraining order to protect his ex girl bcause he came to her house & ended up having an argument cops came reported it & went to court then it was consider d.v. bcuase he pushed her & ther was verbal violance so bcause he got in troubl...

    Brian’s Answer

    The sentence he faces will be based on the maximum amount of "unserved" time he has on his probation cases, as well as the maximum time he faces on the new charge(s).

    The bottom line is he is likely facing very serious consequences.

    A defendant facing a probation violation can be sentenced to jail or prison without a jury trial, and without any need to find a violation by proof "beyond a reasonable doubt." The only thing required is that the judge find it more likely than not that a violation occurred.

    An attorney should be consulted right away if he is not already represented.

    Good luck -

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  • Student search at school?

    Are school officials allow to have student disrobe for a search?

    Brian’s Answer

    It depends on what they're looking for and what evidence they have that the student might have hidden it in an area that would be allowed in a strip search. This summer, in an 8-1 decision, the US Supreme Court ruled that an Arizona girl's rights were violated when school officials made the 13-year-old disrobe in order to search for (no joke) Tylenol.

    See link below to NY Times article, which also links to the Court's opinion.

    In addition to the Constitution, state statutes and district policies in Garden Grove might make the search unlawful even if the Constitution doesn't.

    Best regards,

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

    I was originally pulled over in July 2003 and pleaded guilty to a misdemeanor DUI in September 2003. I was sentenced to three years informal probation and ordered to attend the schooling. I fully complied with all if the court orders and maintaine...

    Brian’s Answer

    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 you've ever been convicted.

    While it would be a good idea to hire an attorney if you're able to afford it, you can also petition the court on your own. Here is the link to the official court form that you would fill out:

    http://www.courtinfo.ca.gov/forms/documents/cr180.pdf

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  • If my husband took a deal is it still possible to get a gun enhancemnet dropped if there was never a gun found on his person

    he was arrested and was givin 12 years for armned robbery this was he first time ever being arrested and the police never found a gun on him at the time of arrest and never searched our home. he was senteced last year for 2 years for the robbery a...

    Brian’s Answer

    I'm assuming from the question that he pled guilty. If not, and he was convicted at trial, speak with the attorney who represents/represented him on appeal.

    If he pled guilty, it would be extremely difficult to "drop" the enhancement. Even if the evidence was weak, he chose to admit it rather than face trial. In limited circumstances, it is possible to withdraw a plea at this late stage, but it typically requires extraordinary facts -- e.g., proof that law enforcement lied, his attorney deceived him, etc.

    A criminal appellate attorney would be the best person to advise him based on these facts.

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  • What can be done for someone been charge with domestic violence, unlawful sexual intercourse, and two probation violations?

    Does this mean a lot of time in jail or can a lawyer really help a lot to minimus time?

    Brian’s Answer

    The best thing you could do on his behalf (assuming he is in custody) is consult with a local, well-respected criminal defense attorney. That attorney may then offer to meet with him at the Orange County Jail.

    Best regards,

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

    Hello, I'm on a L1 Visa which is valid till March 2010. I got a DUI last month with accident, no injury. I am getting married in 2 weeks and have to travel to India. Is it allowed to travel abroad while DUI case is still pending? Would there ...

    Brian’s Answer

    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.

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