Should you speak to police or exercise your Miranda rights?
The defense attorneys at Eisner Gorin LLP often must contend with incriminating evidence in court, in the form of statements made by the client after the police giving of . Often this is some of the most difficult testimony to defend against, as the words are directly from the client....
Possession of Fake Driver’s License or Identification Card
Possession of a fake driver’s license or identification card is covered under California Penal Code Section 470b. In basic terms, it’s a crime to display or possess a fake driver's license or an identification card with intent to commit fraud or a forgery. PC 470b also includes any type of government-issued...
Violating a Restraining or Protective Order in Los Angeles
The crime of violating a restraining or protective order is covered under California Penal Code Section 273.6. In basic terms, this related crime occurs when you intentionally and knowingly violate a court issued order. The court order could come in the form of a protective order issued in a...
Negligent Discharge of a Firearm Law in California
Negligent discharge of a firearm is covered under California Penal Code Section 246.3. In basic terms, it criminalizes the act of intentionally discharging a firearm with gross negligence that might result in injury or death to another person. PC 246.3 is known as a “wobbler” offense, meaning the Los Angeles...
Reckless Driving Laws in California
Reckless driving is covered under California Vehicle Code 23103, which covers a broad range of different types of unsafe driving behavior on the crowded roads and highways in Los Angeles County. A reckless driving offense should not be confused with a speeding citation which is simply a traffic violation. Reckless...
Arrested by a Dishonest Cop?
Recent news articles have sparked renewed interest in the topic of dishonest or lying police officers and their impact on the criminal justice system. In our practice, it is not infrequent to encounter officers who have told half-truths or outright falsehoods about the circumstances leading to our client’s arrest. This...
Attempted Crimes Laws in California
Attempted crimes laws are covered under California Penal Code Sections 21a and 664. Many people don’t realize that attempting to commit a crime, is itself a crime. Attempt is a separate offense that may be charged on its own. In other words, if you attempt to commit a crime, but unsuccessful,...
California Penal Code 995 Motion to Dismiss
In felony cases in Los Angeles County criminal courthouses, there is sometimes a discussion by criminal defense lawyers of a “995 Motion.” What exactly is this type of motion and what is it for? A California Penal Code Section § 995 motion gives you an opportunity, after your preliminary hearing,...
California's New Diversion Program
Governor Brown signed Assembly Bill 1810, enacted by the Legislature and, as a budget trailer bill, effective and operative immediately. This program is called the “mental health diversion” in California. Among other things, the bill created Penal Code section 1001.36, which sets forth a discretionary pre-trial diversion procedure for any defendant...
Bribery of a Witness Laws in California
Bribery of witnesses is covered under California Penal Code Sections 137 and 138. A “bribe” is basically described as when a witness changes their testimony, or makes an agreement to not appear at a trail in exchange for money or anything of value. However, the California Penal Code does not...
