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Kestenbaum, Eisner & Gorin

RECENT COURT VICTORIES: SOUTHERN CALIFORNIA CRIMINAL DEFENSE

CLIENT CHARGED WITH MURDER FOUND NOT GUILTY BY REASON OF INSANITY BY JURY

Client was facing 25 years to life in prison if convicted by a jury of first degree murder. Jury unanimously found Client was insane at the time. Client will be housed in a mental institution until he regains sanity.

TWO GANG-RELATED MURDER CHARGES DISMISSED

Client was a driver in two separate gang-related homicides and was facing life without parole if convicted. After getting one of the murder charges dismissed at the preliminary hearing, our firm secured a case settlement to a plea of voluntary manslaughter on the second homicide. Client served all of the custody time in County Jail.

CLIENT FACING THE POSSIBILITY OF OVER 10 YEARS IN FEDERAL PRISON, RECEIVES PROBATION WITH HOME CONFINEMENT, CENTRAL DISTRICT OF CALIFORNIA COURT

Federal agents investigated client for many years as to tax evasion, fraud, securities violation, and theft. Client received no jail time after case resolution.

ATTORNEY FACING NUMEROUS FRAUD CHARGES AFTER UNDERCOVER INVESTIGATION

Plea settlement resulted in no jail time for lawyer in addition to a reduction of the felony charges to less serious one. Resolution enabled the lawyer to avoid automatic disbarment.

CHILD ABUSE AND ABDUCTION CHARGES DISMISSED

Client was charged with abducting own children overseas which caused an arrest warrant to be issued in 1993. The warrant was recently recalled and the case was dropped after we conducted an investigation and presented exculpatory evidence to the prosecutor's office.

PROBATION FOR CLIENT FACING OVER 15 YEARS IN PRISON IN DRUG CASES

While on probation for a drug case in Riverside, Client was arrested on a new case in Los Angeles. Client was facing multiple felony counts including possession for sale of drugs, transportation of drugs, and possession of sawed-off shotgun. Client received probation in the L.A. Case and was reinstated on her Riverside case, doing only four months in custody.

CLIENT RECEIVES DRUG PROGRAM IN THREE STRIKES CASE

We were able to get client released on his own recognizance after drug arrest and convinced the judge and prosecutor to dismiss the prior strike convictions. Client was allowed to complete a Deferred Entry of Judgment program. Upon successful completion, the case will be dismissed.

THEFT & ELDER ABUSE CHARGES: PROBATION WITH NO JAIL TIME

Our client was accused of violating a position of trust with an elderly victim and faced over 5 years in prison. We obtained community service for our client after successful plea negotiations.

ACCOUNTANT CHARGED WITH THEFT, REDUCED TO INFRACTION

A Certified Public Accountant was charged with a misdemeanor theft. We resolved the case for informal diversion and obtained a reduction of the charge to an infraction in order to avoid any negative impact on the client’s professional license.

CARJACKING-ROBBERY CHARGES DISMISSED, D.A. WITHDRAWS PETITION TO PROSECUTE CLIENT AS ADULT

Due to a serious prior juvenile record, including several commitments to camp placement, DA sought to prosecute our 17-year old client in adult court where he would be facing over 10 years in prison. We convinced the DA this was a case of mistaken identity, causing these strike offenses to all be dismissed.

CLIENT FACING LIFE SENTENCE FOR CHILD MOLESTATION RECEIVES 3 YEARS IN PRISON

Client had confessed to molesting his girlfriend's daughter. We presented psychiatric evaluations to the prosecutor along with other exculpatory evidence. After extensive settlement negotiations, Client pled out to the lowest state prison term possible. All charges that would have sent him to prison for life were dismissed by the prosecution.

ASSAULT WITH A FIREARM, AND FELONY THREATS CHARGES WILL BE DISMISSED AFTER CLIENT COMPLETES THERAPY PROGRAM

A licensed pharmacist was charged with threatening to kill a friend at gunpoint. After we conducted a preliminary hearing and cross-examined the prosecution's witnesses, all felony charges were dismissed. Client will also have the misdemeanor weapons charge dismissed, without suffering a conviction, upon completion of therapy sessions.

NO JAIL IN FELONY SEXUAL BATTERY CASE

A client working as a nurse was accused of touching a patient inappropriately and there were prior allegations from other patients. Case resolution included no jail as part of a misdemeanor plea.

CLIENT ON PROBATION, FACES NEW THEFT CHARGES: NO JAIL

After numerous incidents of theft, we found a treatment program for our client related to kleptomania. By showing successful treatment results to the prosecutors, we obtained community service for our client on the new case and no jail for the probation violation.

PREFILING INTERVENTION LAPD SEX CRIME INVESTIGATION: DA REJECTS CASE, AND CRIMINAL CHARGES NOT FILED

Client was accused by a female relative of sexual abuse, and then she filed a police report. After extensive dialogue with the LAPD and the prosecutor's office, including a discussion of all the evidence and our client's clean record, we convinced the government to not arrest our client on serious felony charges. No charges were ever filed.

DUI AND DRUG CHARGES DISMISSED AFTER PRESENTION OF MEDICINAL MARIJUANA EVIDENCE

After client was arrested and criminally charged, we determined that he was a patient with proper medicinal recommendations pursuant to Proposition 215 and AB 240. LAPD had followed our client from a medicinal marijuana dispensary prior to arresting him. Both criminal charges were dismissed on the eve of trial. Client only pled to a speeding infraction, as part of the disposition.

CHILD ABUSE CHARGED DISMISSED

Client arrested for inflicting injury to his child. All charges were dismissed before trial after we presented defense evidence to the prosecutor.

DENTIST CHARGED WITH DUI AND DRUG POSSESSION, NO JAIL AND FELONY TO BE DISMISSED

Client was charged with DUI, refusing to cooperate with the police for blood testing, and felony possession of a controlled substance. Our firm convinced the DA to strike the refusal allegation on the DUI and to allow the client to participate in a drug-counseling program. Upon successful completion, this felony drug offense will be dismissed.

FELONY EMBEZZLEMENT AND CONSPIRACY CHARGES: PROBATION WITH NO JAIL

Our client was a business manager for a local company and was accused of conspiring with his employees to steal over $50,000 in a multiple-count felony complaint. We negotiated a plea where all the conspiracy charges were dismissed and the client received only probation with community service.

EXTORTION CHARGE DISMISSED

Client charged and detained in custody for attempted extortion felony. The felony was dismissed after we negotiated a plea to a misdemeanor. Client received informal probation, with the understanding that she will not have any conviction on her record once she successfully completes the term of probation. The entire record of the case will then be sealed.

LEWD CONDUCT CHARGES DISMISSED

Case dismissed prior to trial due to law enforcement’s violation of the Statute of Limitations. Our firm filed a Motion to Dismiss, which was granted over the prosecutions objection.

NO JAIL IN CHILD PORNOGRAPHY CASE

Client charged with numerous counts of possession of child pornography carrying jail time and sex offender registration consequences. Through successful negotiation and courtroom advocacy, we reached a settlement requiring no jail time, instead counseling, and no 290 registration.

CLIENT WAS CHARGED WITH NUMEROUS FELONIES FOR DISCHARGING A FIREARM DURING CONFRONTATION WITH FAMILY MEMBERS

Client received no jail time despite the fact that client was facing over 10 years in prison. Instead client received probation with community service!

FELONY POSSESSION OF FIREARM ARREST, REDUCED TO MISDEMEANOR OFFENSE -

Client was arrested for trying to buy a gun when prohibited to do so due to a prior conviction. The "conviction" was in juvenile court, however, and we demonstrated that the prior did not qualify as a conviction, but rather a "juvenile sustained petition." Prosecution agreed and reduced the charge to disturbing the peace.

Criminal Defense Court Victories
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Address: 1801 Century Park East, 25th Floor, Los Angeles, CA 90067 Phone: (310) 328-3776