Attorney David Jay Givot's Legal Cases

Criminal defense

Felony Possession of Stolen Property

Nov 19, 2013

OUTCOME: Probation - No Jail

Client was arrested and accused of multiple offenses, including possession of stolen property, domestic violence, computer hacking, theft, assault, and possession of a weapon on school property. The po ... lice report was thick and loaded with speculation and statements from individuals who did not actually witness anything. After careful review and defense investigation, client was in possession of property that had been reported stolen; though there was only circumstantial evidence that client knew or should have known that fact. None of the other allegations could be substantiated and were summarily dropped. To avoid a lengthy trial, client agreed to probation and an opportunity to earn a dismissal. No Jail.

Criminal defense

Felony Possession of Assault Weapons

Oct 01, 2013

OUTCOME: Dismissed

Client, a Firefighter/Paramedic/Arson Investigator, was arrested after police responded to the report of a disturbance at his home. Although there was no actual criminal disturbance, and having nothing ... to hide, Client openly consented to a search of the home by police. When officers discovered a locked gun safe, they asked for the safe to be opened. Again, having nothing to hide, Client opened the locked safe. Inside the safe was a wealth of firearms; hunting rifles, handguns, newer models and antiques. Client explained that all of the guns, except for a hunting rifle, a shotgun, and his service weapons, were handed down to him when his grandfather had passed away. In fact, he had never even fired the other weapons; he only ever handled them to the extent necessary to place them in the locked safe. Unfortunately, unbeknownst to Client, two of the weapons met the criteria for assault weapons in California, so the police arrested him and he was charged with two felony counts. Again, after lengthy investigation, loads of research, and negotiations with a very reasonable DA, the case resolved. One misdemeanor count. No jail. He kept his job, his status as a peace officer, and all but those two guns.

Criminal defense

Felony Lewd Act with a Minor

Sep 20, 2013

OUTCOME: Dismissed

Client was charged after his estranged stepdaughter alleged that he had touched her inappropriately. Our investigation confirmed that the stepdaughter was angry and displaced after Client married her m ... om; believed that he ruined her family and she would be happier with him gone. The investigation also found significant issues with timeline, credibility, and consistency of the stepdaughter’s story. After lengthy negotiations with a very talented and reasonable DA, and considering Client not wanting to put the family through a difficult and humiliating (for the stepdaughter) trial, he ultimately accepted pleading to a single count of misdemeanor disturbing the peace. The case was later dismissed.

Criminal defense

Felony Possession of Controlled Substance

Apr 10, 2013

OUTCOME: Dismissed

Client – with no criminal history whatsoever – was driving home from work when he was stopped by Los Angeles County Sheriff’s deputies because his tires spun-out while making a right turn through a rai ... n-soaked intersection. He was almost immediately exited from the vehicle and detained without cause. The warrantless search of the vehicle yielded an over-the-counter pain reliever bottle in which Client had stored his prescription pain medication. When the deputies confronted him with the pain pills, client calmly and truthfully explained that they were his, he had a valid prescription for them. Sure that he was a liar, the deputies arrested him and booked him on felony charges for which client posted the high felony bail and subsequently retained this firm. Within 24-hours of client retaining this firm, we had a copy of the prescription delivered to the office of the District Attorney. Upon meeting with the DA in court, explaining the egregious behavior of the deputies, and reaffirming the validity of the prescription, the charges were dropped entirely and the case dismissed before arraignment.

Criminal defense

Felony Cocaine Possession

Feb 12, 2013

OUTCOME: Misdemeanor Probation - No Jail

Client was searched after a traffic stop and was found to be in possession of slightly less than a gram of powder cocaine just three weeks prior to a planned move out of state. After my own careful rev ... iew of the evidence and comprehensive presentation of the client’s non-existent criminal record to both the prosecutor and judge in chambers, the cocaine felony was amended to a non-specific possession misdemeanor and the client was free to move and complete informal probation on the East Coast. No felony. No jail.

DUI and DWI

Misdemeanor DUI with Traffic Accident

Feb 07, 2013

OUTCOME: "Wet Reckless" Probation Only

Client was arrested and accused of driving under the influence after his vehicle collided with a slow-moving box truck on the freeway. Subsequent testing showed that client’s blood-alcohol level was ab ... ove the legal limit at the time of testing. However, comprehensive review of the facts and analysis of the law revealed inconsistencies in the way law enforcement handled the investigation and critical weaknesses in the prosecution’s case. After careful and cooperative negotiations between defense counsel and the District Attorney, the DUI charge was reduced to a “wet reckless.” As a result: No DUI, No Jail, No Interlock Device, and No Suspension.

Criminal defense

Felony Possession of a Controlled Substance & Grand Theft

Nov 09, 2012

OUTCOME: DEJ - Dismissal

Client, a Paramedic, developed an addiction to prescription pain medication after two orthopaedic surgeries from an off-the-job injury. After returning to duty, client responded to a call at a home whe ... re the patient had several bottles of prescription pain medication. Client secreted away several of the pills. However, although nobody had seen the act, after the ambulance had taken the patient, client realized that it was time to seek help for the problem because stealing from a patient’s home was inexcusable and contrary to the past 20+ years of exemplary service. Client immediately, without external provocation - and still on the scene – confessed the taking to the company officer and requested substance abuse help. The company officer responded to the client’s courageous act by reporting it to the police, to whom client reiterated the confession. Client was forced to resign and forced to surrender the paramedic license client had held for over 20 years. Client was charged with two felonies and faced a significant state prison sentence. After hours and hours of reviewing evidence and researching options with no cooperation from the prosecutors in the court, I met with the head deputy prosecutor and discussed the case in great detail. I was able to show the prosecutor the human side of this case and worked with him to reach an appropriate solution. In the end, the theft charge was dismissed, the felony was amended to a misdemeanor, and the client was permitted to participate in a deferred entry of judgement drug program. Upon successful completion of the program and informal probation, the entire case will be dismissed.

DUI and DWI

DUI Manslaughter

Oct 03, 2012

OUTCOME: 364 Days in Custody

Client, just 24-years-old, was out for the evening with his 26-year-old female companion. After dinner, a few drinks, and lots of laughs, the two headed toward home in client’s high-performance sports ... car. Although there was no evidence of reckless driving or excessive speed for the conditions, the vehicle lost control on a windy road with an uneven grade. Tragically, the car struck a tree on the passenger side and the companion was killed instantly. Client was charged with multiple felony counts and faced nearly a decade in state prison. The legal team, which included Mr. Givot and Attorney David Borsari and Attorney Veronica Guzman, worked tirelessly reviewing evidence, law, custody credits, and specific mitigating factors. The team worked with the client’s family as well as prosecutors to achieve the best possible result in a case where there could be no winner. Ultimately, the case resolved without the trauma of a trial and the client was home after serving approximately 364 days.

Domestic violence

Felony Domestic Violence

Sep 06, 2012

OUTCOME: Criminal Charges Prevented

Client, a Paramedic in Southern California, found himself in a heated argument with his wife. The exchange, just one of many sparked by economic difficulties, led to yelling and, ultimately, both spous ... es removing themselves from the situation. Nevertheless, before separating themselves to cool off, both had called police claiming the other had assaulted them. When police arrived, client’s wife – who had scratched her own arms out of frustration – claimed the scratches were caused by client. He was arrested and booked on suspicion of felony spousal battery. Attorney Givot met with client prior to the arraignment and noted right away that client’s fingernails had been so frequently bitten for so long, that the finger tips had literally begun to grow over the nails – thus making it impossible for client to have scratched anyone. On the day of the arraignment, Attorney Givot went to both the District Attorney and the arresting Police agency to discuss the matter BEFORE any formal charges were filed. After a harried morning of running around, no criminal charges were filed.

Criminal defense

Misdemeanor Obstructing/Interfering with Police Officer

Aug 12, 2011

OUTCOME: Dismissed

Client, an off-duty paramedic, was out for an evening in Newport Beach with her husband and brother-in-law. The brother-in-law was involved in an altercation inside a bar and the police were called. Th ... e brother-in-law and husband were detained by police for questioning while my client waited patiently several feet away. Sometime later, an additional officer arrived and directed my client to move along. She explained that she was with her husband and they were far from their home, but the officer did not care and told her to leave the area. She again explained that she had nowhere to go and no way to get there without her husband. The officer became aggressive and abusive telling to leave lest she be arrested. When she asked him where she was supposed to go, he arrested her and took her to jail. I took the case and worked closely on a resolution with the DA. I collected and presented evidence of my client’s character, professionalism, and ongoing career-oriented education to show that this was most likely a case of a police officer abusing his authority. We jumped through a few hoops, however at the end, the case was completely dismissed.

David Jay Givot's Legal Cases (11)

Felony Possession of Stolen Property

Felony Possession of Assault Weapons

Felony Lewd Act with a Minor

Felony Possession of Controlled Substance

Felony Cocaine Possession

Misdemeanor DUI with Traffic Accident

Felony Possession of a Controlled Substance & Grand Theft

DUI Manslaughter

Felony Domestic Violence

Misdemeanor Obstructing/Interfering with Police Officer