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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 prosec...

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 in giving a...

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 ...

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, cert...

The First Step Act, signed into law in December 2018, represents the most significant federal sentencing reform in decades. The law introduced major changes to mandatory minimum sentencing, firearm enhancements, crack cocaine disparities, and compassionate release. For federal defendants...

California Penal Code 417 makes it a crime to draw or exhibit a deadly weapon or firearm in a rude, angry, or threatening manner in the presence of another person, when not acting in self-defense. Brandishing charges are taken seriously in Los Angeles County and throughout California....

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 plea bargain is...

An arraignment is typically the first court appearance in a California criminal case. It is the stage where a defendant appears before a judge, is formally advised of the charges, and enters an initial plea. Although it may seem procedural, arraignment is an important step in the criminal court process...

In both federal and California State courts, issues related to protected free speech under the First Amendment to the United States Constitution are occasionally presented. In this country, most people know the First Amendment provides for freedom of speech. Specifically, it states that “Congress...

There are a wide-range of acts that are considered a “contempt of court,” which include loud and excessive noise during a court hearing, refusal to be sworn in as a court witness, and willfully disobeying a court order. In Los Angeles County criminal courts, the most common form of a California P...

If you are convicted on a domestic violence related offense and placed on probation by the court, you will be ordered to complete a 52 week batterers' program known as the Batterers' Intervention Program (BIP). The terms and condition of probation for a domestic violence offense are covered under...

Our law firm has represented numerous defendants charged with drug trafficking and/or drug sales of narcotics in both California State and federal courts. Depending on the quantity and type of narcotics involved, these prosecutions can involve serious felony charges potentially exposing the defen...

Carrying a loaded firearm in a public place or vehicle is covered under California Penal Code Section 25850. A violation of this statute is typically a misdemeanor crime, but could be charged as a felony case if there are specific aggravating circumstances. It should be noted that while this off...

Over the past several years, our Los Angeles criminal defense law firm has represented a number of clients charged with driving under the influence based on injuries caused to third parties by the client's intoxicated driving. Particularly when the conduct is egregious, such as where the defenda...

Whether in California State or federal criminal courts, murder and attempted murder cases are certainly the most serious crimes which are prosecuted by the government. Murder is a serious violent crime that is prosecuted aggressively in Los Angeles County, California. A second-degree murder conv...

At Eisner Gorin LLP, we have represented numerous defendants in California State and federal courts who are charged with child pornography related offenses, including simple possession and distribution. Oftentimes, by the time the defendant is charged, the government has conducted a lengthy inves...

At Eisner Gorin LLP, a significant portion of our criminal defense practice involves federal offenses, rather than California State, investigations, plea negotiations, and trials. While many aspects of federal criminal practice are similar to State practice – jury trials where the Government mus...

The term “white collar crime” typically refers to non-violent financial or regulatory crimes charged in California State or federal court. These crimes include embezzlement, bribery, corruption, and various types of fraud including insurance fraud, wire fraud, mail fraud, workers compensation fra...

The crime of “fraudulent conveyance” is covered under California Penal Code Section 154. In simple language, this law makes it unlawful give away or even sell your property to avoid a debt. This means if you can't pay your debts and you attempt to unlawfully avoid paying through fraudulent convey...

The Second Amendment to the United States Constitution guarantees citizens the right to keep and bear arms. The Supreme Court has affirmed that this is a personal right rooted in the natural right of self-defense. Nevertheless, State governments (as well as the federal government) have the right...

A great bodily injury sentencing enhancement is covered under California Penal Code Section 12022.7. This means if you are convicted of a felony crime, you could face additional punishment if the Los Angeles County prosecutor alleges a sentencing enhancement for inflicting....

As Los Angeles criminal defense attorneys, we are often asked by clients and family members whether a certain offense is a crime of “moral turpitude,” or not. This distinction can be critically important for clients considering whether to accept a plea deal or fight a case at trial, especially i...

In a sweeping reform, California will end the cash bail system. Instead of making a defendant pay to secure a release before trail, their release from custody will depend on a court assessment of their risk to public safety. This would make California the first state to eliminate a money bail sys...

A subpoena is a formal demand for someone to testify in court. A Los Angeles County prosecutor or criminal defense attorney may issue a subpoena to someone for testimony or for them to bring documents or other evidence to court. After you have been charged with a crime, you have the right to defe...