Wobbler Crimes in California
There are certain criminal offenses that a prosecutor can file as either a felony or misdemeanor crime. These offenses are commonly known as a “wobbler.” When a prosecutor is making their decision on how to file a case, they typically consider major factors such as the specific facts of the...
Factual Innocence Motion in California - Penal Code Section 851.8
In California, there are cases where someone was arrested for a crime they did not commit. In other words, they were in fact innocent of any unlawful conduct and falsely accused of committing a criminal offense. This situation is more common than one may believe. In some cases, people are falsely accused...
Defending Physicians Accused of Medical Insurance Fraud in California
We have represented numerous physicians, including general practitioners, dentists, chiropractors, and others, who are charged with medical insurance fraud. Insurance companies don’t pay physicians as much for their services as they were paid several years ago. Since insurance companies have reduced the amount paid to doctors, there has been a substantial...
Purposes of a Preliminary Hearing in California State Felony Cases
A preliminary hearing, or “prelim,” is one of the critical stages in a felony prosecution under California State law. In any felony case, a criminal defendant has a constitutional right to a preliminary hearing. It should be noted that a preliminary hearing is not available in misdemeanor prosecutions or in federal...
Speedy Trail and Serra Motions in California Criminal Cases
Anyone charged with a criminal offense in Los Angeles County has a constitution right to a speedy trial that is guaranteed under federal law and by California’s fast and speedy trial law. The primary purpose of ensuring your right to have a speedy trial is that you might be prejudiced...
Getting California Criminal Charges Dismissed with no Conviction - Deferred Entry of Judgement
One way to resolve a criminal case in California State courts is through a diversion program, sometimes known as a conditional plea or deferred entry of judgment. In general, a diversionary outcome is one in which the defendant is presented with a carrot and a stick. If certain requirements are fulfilled...
Pretrial Motion Practice in California State and Federal Criminal Cases
In both federal and California State criminal cases, pretrial motion practice is a critical component of an effective defense. Which, if any, motions are appropriate to bring before the court will depend on the particular facts, circumstances, and allegations of the individual case. However, certain categories of motions are frequently...
Changes in Federal Sentencing Under the First Step Act
Recently, as a part of the federal government’s larger focus on criminal justice reform and to end mass incarceration, Congress passed the First Step Act, which introduced significant changes to a number of areas of federal criminal law. For many years, Congress had attempted to pass criminal justice reform legislation,...
Brandishing a Weapon or Firearm – California Penal Code Section 417
Have you been charged with brandishing a weapon or firearm in Los Angeles? A conviction could result in life-altering consequences. You should consult with our experienced criminal defense lawyers at Eisner Gorin LLP as soon as possible. We have over six decades of combined experiences and will aggressively fight for...
Should I Take the Plea Bargain in My California Criminal Case?
At our criminal defense firm, one of the most common questions we get from clients, potential clients, and family members of clients, is whether or not to accept a plea deal that the prosecutor has offered. The answer, as is often the case with legal issues, is that it depends. A ...
