David Kestenbaum

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So far David Kestenbaum has created 52 entries.

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|

California Petty and Grand Theft Consequences

This month, a former UCLA student was arrested in connection with the theft of 55 MacBook laptops from the University’s library. The same individual was also believed to be responsible for stealing two other laptops in a separate incident.

Theft is classified in two ways in California: petty theft and grand theft.
Petty Theft
Petty theft occurs […]

By |April 27th, 2016|Criminal Defense|Comments Off on California Petty and Grand Theft Consequences|

Fighting a Possession Charge When You Have a Medical Marijuana Prescription

Medical marijuana is legal in California under the Compassionate Use Act. However, sometimes someone using marijuana under this Act is still prosecuted for possession of an illegal drug, even if those accused are using it in a lawful way.
What Is Lawful Use of Marijuana?
Under the Compassionate Use Act, the use of marijuana must be […]

By |April 20th, 2016|Drug Crime|Comments Off on Fighting a Possession Charge When You Have a Medical Marijuana Prescription|

Using the Statute of Limitations as a Criminal Defense

A popular American comedian with a wholesome image is in the midst of a scandal following allegations of sexual assault. It all started in 2005, when a woman came forward saying that the TV actor drugged and molested her.

While prosecutors declined to press criminal charges then, the alleged victim filed a civil lawsuit against […]

By |April 13th, 2016|Criminal Defense|Comments Off on Using the Statute of Limitations as a Criminal Defense|

Fighting a False Shoplifting Charge

Imagine entering a store, carefully perusing and considering its wares, only to end up exiting the store in handcuffs. Unfortunately this humiliating experience is what many people have had to face.

Recent stories like those of Tosin Ogunsiji, falsely accused of stealing cologne from a JC Penny in Florida, highlight the seriousness of being falsely […]

By |April 6th, 2016|Criminal Defense|Comments Off on Fighting a False Shoplifting Charge|