Brian Neal Gurwitz’s Answers

Brian Neal Gurwitz

Tustin Criminal Defense Attorney.

Contributor Level 11
  1. Regarding petty theft/civil demand.

    Answered almost 5 years ago.

    1. Steven Alan Fink
    2. Brian Neal Gurwitz
    2 lawyer answers

    If the case is filed, you have a strong defense. Theft requires proof of intent to deprive the victim of property. As such, if you took it from the trash thinking the owner abandoned it, it would be virtually impossible to find you had the necessary intent. As for the restitution question, California Penal Code sections 1377 and 1378 allow the court to dismiss a misdemeanor criminal case (regardless of whether the DA agrees) based on the victim's representation that he or she has been...

    1 person marked this answer as helpful

  2. How much jail time will I need to serve if I take the deal?

    Answered almost 5 years ago.

    1. Antonio Arturo Cota
    2. Brian Neal Gurwitz
    3. Edward Jerome Blum
    3 lawyer answers

    As of January 25, 2010, the vast majority of people sentenced to jail will only be required to serve 50% of their time. This is a big change from existing law, where the majority of people are required to serve 2/3's of a jail sentence. The new rule will not apply to people with a prior conviction for a serious or violent felony, and to those who are required to register as sex offenders. Assuming you fall into neither category, you should only be required to serve 90 days of your sentence...

    1 person marked this answer as helpful

  3. How many actual days will I have to do or what % of time?

    Answered almost 5 years ago.

    1. John M. Kaman
    2. Joseph Briscoe Dane
    3. Brian Neal Gurwitz
    3 lawyer answers

    The law on jail credits changes on January 25, 2010. At that time, most inmates will only be required to serve 50% of their time. I explain this in detail on my Web site's blog. See link below. Best regards, Brian Gurwitz

    1 person marked this answer as helpful

  4. Looking for a Criminal Defense Lawyer in Orange County CA that takes pro bono cases

    Answered about 5 years ago.

    1. Brian Neal Gurwitz
    2. Howard Woodley Bailey
    3. Theodore W. Robinson
    3 lawyer answers

    I've been practicing criminal law in Orange County for about 15 years. Overall, the Public Defender's office does very good work in our county. As I recently wrote about on my blog (www.gurwitzlaw.com), the PD's office is a much better option generally than low-priced private defense attorneys. Because there is a PD's office to provide free legal work for people who can't afford it, it is highly unlikely that you will find an attorney to do criminal work pro bono, unless it is a friend or...

    1 person marked this answer as helpful

  5. Selling a minor and disorderly conduct after a DUI.

    Answered about 5 years ago.

    1. Brian Neal Gurwitz
    2. Edward Jerome Blum
    2 lawyer answers

    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.

    1 person marked this answer as helpful

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

    Answered about 5 years ago.

    1. Brian Neal Gurwitz
    2. Pamela Koslyn
    2 lawyer answers

    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...

    1 person marked this answer as helpful

  7. I'm charged with 23152(a) vc, I was passed out in my car drivers seat. I don't remember ever driving and they say I hit a car.

    Answered about 5 years ago.

    1. Joshua Tobias Hershon
    2. Brian Neal Gurwitz
    3. George Fredrick Mueller
    3 lawyer answers

    I recommend that you immediately consult with a criminal defense attorney. Your situation is complicated and the correct answer depends on many facts that aren't included in your question. You need to be certain that you don't jeopardize your rights in either a criminal case or with respect to the alleged collision.

    1 person marked this answer as helpful

  8. I was arrested for trespassing but it was dismissed back in 2000? Can i still have my record sealed and destroyed?

    Answered about 5 years ago.

    1. Brian Richard Dinday
    2. Brian Neal Gurwitz
    2 lawyer answers

    1) The way to seal arrest records is through a petition for factual innocence. When no charges were filed, there is a three-year time period within which you had to file it. Arrests can show up on your record regardless of whether charges were filed. 2) You say the court "dismissed" it. It is unclear to me whether you were ever charged with anything. If you were cited, but the court dismissed the case for some reason, then you were charged. If you were never charged, there would be no...

    1 person marked this answer as helpful

  9. CA DUI Probation Violation- what are the consequences of receiving a traffic infraction and having a BAC of .06?

    Answered about 5 years ago.

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

    It is highly unlikely that you'd be charged with a DUI, given the lack of a citation or arrest for that offense. You could receive a jail sentence if you're charged with a probation violation, but realize that the DMV does not have the authority to do this. This would be a court proceeding. Depending on a variety of factors, a one-year suspension is a possibility. My advice is to contact a local attorney and be sure to request a DMV hearing within the 10-day period. Good luck to you,

    1 person marked this answer as helpful

  10. NEW Bill SB 598 what are the chances of getting my license back before the July 1, 2010 Begin Date

    Answered about 5 years ago.

    1. Brian Neal Gurwitz
    2. Edward Jerome Blum
    3. George Fredrick Mueller
    3 lawyer answers

    I don't believe this new law will be interpreted in a manner that will allow you to get a restricted license since it does not go into effect until July 1, 2010. For an explanation of why this is so, I invite you to read a blog article I wrote on this issue at gurwitzlaw.com Best regards,

    1 person marked this answer as helpful

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

714-880-8800