Questions answered by David S. Kestenbaum

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Should I retain an attorney in case I am being investigated or indicted?

David's answer | Answered on April 19, 2016

You need to meet with an attorney in person to get specific advice. No lawyer on a website is going to give advice on a case possibly involving the...

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Applied and got hired for a preschool teaching position now licensing is taking a long time with my background check.

David's answer | Answered on April 19, 2016

Unfortunately, even a PC 1203.4 Dismissal, commonly referred to as an expungement won't help where licensing by the state is concerned. They are...

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Does he have a right to go try my pockets

David's answer | Answered on April 19, 2016

If this happened in Ventura County, they don't worry about the Constitution. Are you on Probation? Did you make Furtive gestures? Did he feel...

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See above.

David's answer | Answered on April 19, 2016

This is not a criminal matter, which is where the question goes for Domestic Violence. You should retain a family law attorney as they handle TROs...

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Grand larceny? Misdemeanor/Felony? Can value be attributed to work products or travel/sentimental items with low market value?

David's answer | Answered on April 19, 2016

Unfortunately no value for emotional loss in criminal court. You may want to sue in small claims court. I am sure the evil step mom will say she...

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I received a phone call (not even an official letter) regarding restitution and civil penalty payment.

David's answer | Answered on April 19, 2016

Using your discount without the stores permission is a theft. You signed a confession before seeking even the general information available on this...

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How would you know a certain case will be charge Federal or through State?

David's answer | Answered on April 18, 2016

These can be filed by the State, Feds or BOTH! It is not Double Jeopardy for each jurisdiction to file criminal charges for drug sales. It will...

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Can a lawyer assist me pro bono in a criminal case challenging a illegal sentence? I'm aware there's a law saying no.

David's answer | Answered on April 18, 2016

If you were sentenced to State Prison, your sentence is automatically reviewed by the Department of Corrections Legal section. If there are...

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How can I find out if a criminal charge is going to be filed against her or if it has been dismissed?

David's answer | Answered on April 17, 2016

If she was arrested with her friend and never appeared in court, there is probably a bench warrant out for her arrest. 9 months probation is not a...

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Can I in any way get my felony expunged

David's answer | Answered on April 15, 2016

There is no true "expungement " statute in California. You can file a Petition to Dismiss pursuant to PC 1203.4. If granted, you can honestly say...

David S. Kestenbaum's Answers (5774)

Should I retain an attorney in case I am being investigated or indicted?

Applied and got hired for a preschool teaching position now licensing is taking a long time with my background check.

Does he have a right to go try my pockets

See above.

Grand larceny? Misdemeanor/Felony? Can value be attributed to work products or travel/sentimental items with low market value?

I received a phone call (not even an official letter) regarding restitution and civil penalty payment.

How would you know a certain case will be charge Federal or through State?

Can a lawyer assist me pro bono in a criminal case challenging a illegal sentence? I'm aware there's a law saying no.

How can I find out if a criminal charge is going to be filed against her or if it has been dismissed?

Can I in any way get my felony expunged