Brian Neal Gurwitz’s Answers

Brian Neal Gurwitz

Tustin Criminal Defense Attorney.

Contributor Level 11
  1. 2nd dui in 5 years

    Answered over 5 years ago.

    1. Brian Neal Gurwitz
    2. Robert Lee Marshall
    2 lawyer answers

    I respectfully disagree with the suggestion that your wife does not need to hire an attorney if she intends to plead guilty. A prosecutor's recommended sentence for a second-time DUI (which will include jail time) can vary rather widely from case to case. A defense attorney is not only helpful in "fighting" the case (i.e., seeking an acquittal through trial) but also for negotiating the best possible sentence given the circumstances of her case.

    1 person marked this answer as helpful

  2. DUI with Injury Conviction Appeal

    Answered over 5 years ago.

    1. Brian Neal Gurwitz
    1 lawyer answer

    Technically, you can't appeal on this basis since the record (trial transcript, clerk's minutes, etc.) will not show what your attorney did or did not tell you, what you would have done in response, etc. However, you can seek reversal of your conviction through a petition for a writ of habeas corpus. You would face a very difficult time doing this, but it is possible. You would have to show: 1) Your attorney gave incompetent advice, 2) Had he given correct advice, you would have...

    1 person marked this answer as helpful

  3. Can a misdemeanor show up on a background check from 16years ago

    Answered over 5 years ago.

    1. Brian Neal Gurwitz
    2. Travis Conrad Logue
    2 lawyer answers

    Yes, depending on the misdemeanor. I assume you're speaking about a conviction. It is unlawful in many situations for an employer to inquire about arrests that did not lead to convictions.

    1 person marked this answer as helpful

  4. How does a person in prison find out when they are eligible for parol?

    Answered over 5 years ago.

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

    If it has been 60 or fewer days from sentencing, a notice of appeal should be filed. If it has been longer than that, the inmate may be entitled to proceed by way of a petition for a writ of habeas corpus. California provides appellate attorneys without charge to inmates who cannot afford them through the California Appellate Project. Five different projects exist in California. If you email me the court where the sentencing occurred, I'll send you the contact info for the appropriate panel.

    1 person marked this answer as helpful

  5. Diversion program in Los Angeles County Superior Court?

    Answered over 5 years ago.

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

    You need to speak with a criminal defense attorney who is familiar with local practice. This can be a public defender if you cannot afford to retain one. You certainly have the right to represent yourself and attempt to negotiate this with the prosecutor on your own, but it would likely be a mistake for a number of reasons.

    1 person marked this answer as helpful

  6. What is the worst possible scenario for assisting someone run away from the cops?

    Answered over 5 years ago.

    1. Brian Neal Gurwitz
    2. Jonathan H Levy
    2 lawyer answers

    The worst possible scenario is that you can be charged with being an accessory after the fact (Penal Code section 32) if you knew he had committed a felony and intended that he avoid arrest. The statute reads as follows: Every person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said principal has committed such...

    1 person marked this answer as helpful

  7. How to answer a restraining order?

    Answered over 5 years ago.

    1. Brian Neal Gurwitz
    2. John M. Kaman
    3. Howard Woodley Bailey
    3 lawyer answers

    Your best bet is to hire an attorney if you can afford one. Unlike a criminal case, you aren't entitled to a public defender's representation. If you can't retain an attorney, then follow the directions that should come with the form you were provided. You say you are afraid that the answers can be used against you. An attorney with criminal defense expertise should help you understand how to protect your Fifth Amendment rights (i.e., your right to remain silent). In an extreme...

    1 person marked this answer as helpful

  8. Sentenced for two months in county. Is there a chance of proposing to be put on house arrest instead?

    Answered over 5 years ago.

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

    The answer to your question depends on where the sentencing took place. I see you're from Orange County, and my answer is based on the assumption that you're asking about an Orange County Superior Court case. Anyone who has been ordered to serve time in the Orange County jail can apply for electronic monitoring (house arrest). The probation department makes the ultimate determination and typically will not give any assurances about whether they will approve it until after you have been...

    1 person marked this answer as helpful

  9. Recovery program instead of prison. How to speak to a Judge?

    Answered over 5 years ago.

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

    Depending on your friend's record, she may be entitled to participate in diversion or the Proposition 36 drug treatment program. The DV conviction may exclude her, but it depends on a number of factors including the age of the conviction and the charge for which she was ultimately convicted. Even if she is not eligible, she may be able to participate in a residential (or possibly non-residential) program if the court is convinced that she is really committed to recovery. This is...

    1 person marked this answer as helpful

  10. What are possible defenses and outcomes of pc475(b)

    Answered over 5 years ago.

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

    This question is too broad to be answered in a helpful way. There are unlimited defenses, depending on the facts and circumstances. The outcome can range from dismissal or acquittal through three years in state prison (or more, if multiple count or prior convictions are involved).

    1 person marked this answer as helpful

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

714-880-8800