Questions answered by David S. Kestenbaum

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Is there a specific motion that needs to be filed for the court to consider whether to grant someone the Prop 47 benefits of

David's answer | Answered on April 20, 2015

First of all it depends upon the court you are in and whether the case is closed (there has already been a plea or conviction) or open (charges...

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Who can get my driving record expunged?

David's answer | Answered on April 20, 2015

Instead of having us guess about how you ended up without a conviction, either by case reject or dismissal, I strongly suggest you contact a lawyer...

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If a attorney fails to subpoena witness for trial, what can the defendant do?

David's answer | Answered on April 20, 2015

If you feel that your attorney has not prepared for trial correctly, you may have to ask the court for a mistrial and hire a new attorney. If you...

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Do I need a public defender or attorney?

David's answer | Answered on April 20, 2015

All my colleagues are correct in their advice on what to do. I would add that Disneyland carries a lot of weight in the Anaheim court and actually...

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Does installing key logging software or making unauthorized audio recordings violate wiretap or other laws in California?

David's answer | Answered on April 20, 2015

Unless she got a restraining order authorizing her to record you, or you were threatening a crime, she cannot record you without your consent.

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I was arrested for Taking Phariphanela on Sheriff grounds (NCCF).

David's answer | Answered on April 20, 2015

You will be charged with a felony for trying to bring drugs into the jail and, depending upon the quantity and how it was packaged, for possession...

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My mom was arrested yesterday her hold bail amount 340,000.00 why is her bail so high

David's answer | Answered on April 20, 2015

Bail is set initially based upon a "Bail Schedule" that takes into account the offense, the defendant's prior history, including FTAs and Warrants...

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DUI Case of an LVN

David's answer | Answered on April 20, 2015

Your friend needs an experienced DUI attorney to help from the start to try to save their LVN license as well as their driver's license. They...

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If someone is representing themselves in a restraining order case, can they contact the other party to negotiate a settlement?

David's answer | Answered on April 18, 2015

If the other party has an attorney, that is who you contact if you don't have one. If neither of you have an attorney, then I suggest if you are...

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My mom is currently erving time as ab109 for la county but is in san b county on 1381 does 2900.5 effect her time served credit?

David's answer | Answered on April 18, 2015

I agree with Ms. Gutekunst. If, at the time of her sentencing the Judge checked off "may be served in any penal institution" then she has an...

David S. Kestenbaum's Answers (5773)

Is there a specific motion that needs to be filed for the court to consider whether to grant someone the Prop 47 benefits of

Who can get my driving record expunged?

If a attorney fails to subpoena witness for trial, what can the defendant do?

Do I need a public defender or attorney?

Does installing key logging software or making unauthorized audio recordings violate wiretap or other laws in California?

I was arrested for Taking Phariphanela on Sheriff grounds (NCCF).

My mom was arrested yesterday her hold bail amount 340,000.00 why is her bail so high

DUI Case of an LVN

If someone is representing themselves in a restraining order case, can they contact the other party to negotiate a settlement?

My mom is currently erving time as ab109 for la county but is in san b county on 1381 does 2900.5 effect her time served credit?