David Kestenbaum

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So far David Kestenbaum has created 56 entries.

How Shoplifting Defense Can Save Your Job

A firefighter is now fighting to retain his high-paying job after a court convicted him of shoplifting. The firefighter was charged with shoplifting for allegedly failing to pay for several food items at a convenience store, all amounting to $7.98. The judge who found him guilty of stealing those items further said that the […]

By |September 12th, 2016|The Law|Comments Off on How Shoplifting Defense Can Save Your Job|

Addiction Center Raises Murder Defense in Patient’s Death

A company that operates a chain of drug and alcohol addiction centers in California and various parts of the United States has filed several pleadings seeking to dismiss the second-degree murder charge against five of its current and former employees. The pleadings stem from charges filed by the Riverside County attorney general, for the […]

By |September 12th, 2016|Criminal Defense|Comments Off on Addiction Center Raises Murder Defense in Patient’s Death|

Expungement and Other Ways to Clean Your Criminal Record

Criminal records are public records that prospective employers, landlords, and institutions can access as part of ordinary screening procedures. A single conviction for a past crime can easily affect your chances of obtaining employment or a professional license, even after having completed your sentence. If you have been convicted of an offense in California, […]

By |September 1st, 2016|Criminal Defense|Comments Off on Expungement and Other Ways to Clean Your Criminal Record|

Clovis Man Set to Fight State after Guns, Ammo Seized

A man from Clovis, California is taking his fight to the state level after the California Department of Justice seized more than 500 guns and large amounts of ammunition in mid-November.

Since then, Albert Sheakalee of Clovis has been at the center of a statewide debate regarding mental health and an individual’s Second Amendment rights. […]

By |August 12th, 2016|Gun Crime|Comments Off on Clovis Man Set to Fight State after Guns, Ammo Seized|

Fourth Amendment Ruling — Evidence Admissible

On Monday, the US Supreme Court ruled in a 5-to-3 decision that if evidence is found by police during a stop – justified or not – it can be used in a court of law.  The court overturned an original ruling in a Utah Supreme Court criminal case, Utah v. Strieff, in which a man, Edward […]

By |August 3rd, 2016|News|Comments Off on Fourth Amendment Ruling — Evidence Admissible|

Warrantless Blood Draw as DUI Defense

In proving a charge for DUI, the prosecution must be able to establish that the accused had a blood alcohol content exceeding allowed limits at the time of the arrest.

As a rule, a police officer must first obtain a warrant authorizing the blood draw for testing alcohol content if the accused refuses to submit […]

By |June 15th, 2016|DUI|Comments Off on Warrantless Blood Draw as DUI Defense|

Football Player Fired after Latest Domestic Violence Charge

The Chicago Bears released its former defensive end Ray McDonald after the player was arrested on charges of domestic violence and child endangerment. In the previous year, the beleaguered player also faced charges of sexual assault and domestic violence involving a pregnant partner, but the charges were dropped for lack of evidence.

While social media […]

By |June 1st, 2016|Criminal Defense|Comments Off on Football Player Fired after Latest Domestic Violence Charge|

Indiana Rep’s Committee Declined to Hear Revenge Porn Legislation

At the end of September, Rep. Jud McMillin of Indiana resigned from office after a graphic sex video was distributed from his cellphone.

Following his resignation, it was revealed that McMillin sat on a committee earlier in 2015 that declined to hear legislation that would have led to the criminalization of revenge porn, otherwise known […]

By |May 18th, 2016|Criminal Defense|Comments Off on Indiana Rep’s Committee Declined to Hear Revenge Porn Legislation|

California's DUI Penalties

Every day thousands of people in California are arrested on DUI, or driving under the influence of alcohol, charges. We mostly hear about them in the context of celebrities. However, just this month [November 2014], a Westminster City councilman was arrested and charged with a DUI after hitting a metal fence at an apartment […]

By |May 11th, 2016|DUI|Comments Off on California's DUI Penalties|

Defense Attorneys Call for Sanctions Against Prosecutors in Freddie Gray Case

Defense attorneys in the Freddie Gray case are calling for sanctions against prosecutors after fresh evidence was released that provides significant details and supports eyewitness testimony over the death of the Baltimore resident.

Gray was arrested and was found injured on April 12, passing a week later.

Attorneys representing the six Baltimore Police officers who have […]

By |May 4th, 2016|Criminal Defense|Comments Off on Defense Attorneys Call for Sanctions Against Prosecutors in Freddie Gray Case|

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