what Happens After a Los Angeles Arrest

what Happens After a Los Angeles Arrest?



Los Angeles criminal defense attorneys spend as much time educating their clients as they do defending them. This is because a Los Angeles criminal defense attorney is a unique, important resource for anyone arrested and charged with a crime in Los Angeles.

A Los Angeles criminal defense attorneywill know the laws relevant to your case, the trial process and how law enforcement will pursue your case. In fact, at Kestenbaum, Eisner & Gorin, our Los Angeles criminal defense attorney team has an “insider’s knowledge” due to their years spent in various Los Angeles District Attorneys’ Offices. This one-of-a-kind background can help you steer clear of prison, heavy fines, community service and more.

One part of the prosecution process people ask our Los Angeles criminal defense attorney team about is what happens between the arrest and the courtroom. After the police arrest you and formally charge you, there are many procedures that take place. The police have to write the criminal report, obtain witness statements, run background checks and so forth. Unfortunately, this background information can have a damaging affect on the accused, unless they have a skilled Los Angeles criminal defense attorney who knows how to navigate such situations.

After the background check, the investigating detectives get the reports and perform a more thorough inquiry by contacting the victim and other witnesses. This part of the process is targeted towards ensuring a cohesive story and timeline for the prosecution. After this is completed, the District Attorney’s Office receives the file and the prosecutor then determines how next to proceed. This depends largely upon the amount of evidence and quality of evidence available to him or her. If charges are then filed, the next step is the court arraignment, where the defendant can either take the bail option or remain in custody until the case is resolved.

While this process may seem long, a skilled Los Angeles criminal defense attorney can use this long process to your advantage. For example, this process requires a great deal of paperwork and investigation, which leaves many areas of possibly erroneous work. Every area of work that is not meticulously reviewed could have factual errors, falsely interpreted or simply be wrong. A Los Angeles criminal defense firm will have the resources available to review every area of your dossier to see if there are any errors.

In fact, the attorney must be present during every stage of this process to ensure the best criminal defense. For example, during the pre-filing stage, when the prosecutor determines whether to file a felony, misdemeanor or not to charge you at all, a skilled Los Angeles criminal defense attorney can present evidence and other factors that demonstrate innocence or to substantially reduce guilt.

If you have been arrested for a crime, awaiting charges or awaiting your court date, you need a qualified Los Angeles criminal defense attorneyworking aggressively to defend you and your rights. At Kestenbaum, Eisner & Gorin, our criminal defense firm will assure you the best defense possible and fight hard to keep you out of prison and free from fines. Contact us today at 877-781-1570.



Los Angeles Bail and the Criminal Defense System



When a Los Angeleles criminal defense attorney sits down with someone for their first meeting, very often that person is behind bars or about to be booked. One question, or set of questions, that arises time after time has to do with Los Angeles bail. People might understand, from television, that if you are arrested, there is a way to get out of jail. Los Angeles criminal defense attorneys often have to educate their clients on such things as Los Angeles bail and how it works, because the average person gets their legal education from “Law & Order” which usually does not tell the whole story.

A huge advantage to getting out of jail is the ability to more effectively assist your Los Angeles criminal defense attorney, ensuring a more effective criminal defense. Also, if you are a non-citizen, being in jail could jeopardize your immigration status, so getting out of jail ASAP is a priority.

There are two ways to be released from jail: the Los Angeles bail option and something called “own recognizance.” Bail works just like an insurance policy, to pay the amount set in bail means that the defendant guarantees that he or she will appear in court on the specified date after being released. The bail can either be paid “out of pocket” or through a Los Angeles bail bond. After successfully appearing at the court, the bail is returned to you by check, which often can take between eight and ten weeks to arrive. However, if you do not have the full amount of the bail, you can seek out a Los Angeles bail bond. Companies that issue such bail bonds usually charge about ten percent of the posted bail. So, if your bail is set at $50,000, then the company will charge you $5,000 to issue the bond.

Determining Bail

There are four major factors used in determining what amount bail is set at:

1. The seriousness of the alleged crime. A more serious offense will call for higher bail amounts. Violent crimes, gang activity, grand larceny and other major felonies will have a higher bail amount that a misdemeanor.
2. The suspect’s criminal record is reviewed. If a suspect has a minor criminal record, or no criminal record whatsoever, then the bail amount will probably be lower.
3. Will the suspect pose a risk to the community if released. Bail will be set very high, or the defendant could be denied bail in Los Angeles, if he or she is thought to pose a risk to others. Violent crime, domestic abuse, sex crimes and related criminal offenses in Los Angeles could cause bail to be set at a rate that the defendant cannot likely afford.
4. Suspect’s ties to family, community and employment are assessed. If the suspect is the main bread winner in his or her family, if they have strong community ties or other such factors, then bail will likely be lowered.

A Los Angeles judge will analyze all of these factors to determine at what amount to set the Los Angeles bail. This is also an early stage of negotiation and argument for the prosecution and defense. Having a skilled Los Angeles criminal defense attorney arguing on your behalf will help you get a more favorable bail amount. A skilled Los Angeles criminal defense attorney will present key facts, evidence and relationships to the judge. Also, many criminal defense attorneys have relationships with bail bondsmen and bail bond companies, and could assist you in getting your bail bond fee lowered from 10% to potentially 8%. This may not seem like much, but if you have committed a major felony and bail is set at $100,000, a Los Angeles criminal defense attorney could save you $2,000 on your bail bond.

If you or someone you love has been charged with a crime in Los Angeles, contact the Los Angeles criminal defense attorneys at Kestenbaum, Eisner & Gorin today at 877-781-1570.
Tagged under: BAIL AND RELEASE


In Los Angeles, a warrant usually refers to a specific type of authorization issued by a judge or magistrate which gives law enforcement the ability to perform an otherwise illegal act, such as coming into a home without authorization. On television shows and movies, warrants are always a key item used to demonstrate how complex the criminal justice system can be, with lawyers, police and judges wrestling with legal issues.

The United States was founded on principles of individual liberty, and limiting the power of the federal, state and local governments from harassing citizens. Illegal search and seizure is a legitimate violation, something the courts and the citizenry should take very seriously. In Los Angeles, the legal system is structured to have checks and balances so that government power does not overstep its limits and violate both the state and federal Constitutions. When the police go to a judge to obtain a warrant, which is a clear symbol of the system of checks and balances designed to protect average citizens.

Los Angeles criminal defense attorneys work hard for clients to make sure that police, sheriffs and other law enforcement officials obey every limit placed upon them by the warrants they’ve obtained.

There are three types of warrants: search warrants; arrest warrants; and bench warrants. Qualified Los Angeles criminal defense attorneys will have experience with each of these types of warrants. In fact, at Kestenbaum, Eisner & Gorin, our criminal defense firm has “insider” experience with these warrants. Our team spent years in various Los Angeles District Attorney’s Office, so our Los Angeles criminal defense attorneys understand how warrants are issued and what their limits are.

* Search warrants - Search warrant limits are set by the United States Constitution. Law enforcement must follow certain requirements before obtaining a search warrant, which include having probably cause which they must clearly demonstrate to the judge in question.
* Arrest warrant - An arrest warrant is very similar to a search warrant. In Los Angeles, an arrest warrant must be obtained from a judge and gives police the authorization to arrest a specific person. Once the individual is in jail, he or she must be taken to court and appear in front of the judge.
* Bench warrant - A bench warrant gives permission to arrest someone if they have failed to appear in court due to a pending criminal action. The goal of any bench warrant is to bring someone into court for their appearance. The show “Dog the Bounty Hunter” often deals with people who have failed court appearances and so have bench warrants issued.

Los Angeles criminal defense attorneys, such as those at Kestenbaum, Eisner & Gorin are skilled in dealing with all types of warrants, and can provide experienced advice, counsel and knowledge regarding them. If you, or someone you love, has a warrant out for their arrest, our criminal defense firm can help protect you, protect your rights and make sure that any law enforcement actions obey Los Angeles law and the Constitution. Contact us today at 877-781-1570.
Tagged under: BENCH WARRANTS, F.A.Q.s


Los Angeles Rape Defense



Any Los Angeles rape is obviously a serious issue, but for the victim and the alleged perpetrator. Los Angeles sex crimes can lead to serious prison time, long periods of probation, fines and even being placed on the California Sex Offense Registry.

A recent Los Angeles sex crime case involved a government official and a great deal of intrigue. The general manager of the Los Angeles Department of Building and Safety has been placed on administrative leave by the mayor. This happened because the general manager is under a Los Angeles police investigation into a rape allegation made against him. In this Los Angeles sex crime, a woman alleged that the man sexually assaulted her at his downtown condo.

Los Angeles police are current investigating these allegations, however the man’s Los Angeles criminal defense attorney is stressing that the accusations have not been proven. Allegedly, the woman went with friends on a “bar hopping” trip and after several drinks she blacked out. When she woke up the next morning, she says she was being raped by a man she later identified as the general manager.

Los Angeles sex crime attorneys must be aware that the public, and in turn juries, are biased against anyone accused of rape, sexual assault or any other Los Angeles sex crime. In order to properly defend someone accused of rape, a criminal defense attorney has to examine police investigation tactics, examine the testimony of the victim, examine the crime scene and see if DNA evidence can help his client.

In a Los Angeles sex crime trial, dealing with the jury could be difficult, and a Los Angeles criminal defense attorney must navigate the courtroom without offending the jury. If he portrays the victim as a tramp, the jury could turn on his client. If the attorney is too kind, the jury could wonder if he knows his client is guilty.

If you or someone you love is accused of a Los Angeles sex crime, contact the criminal defense attorneys at Kestenbaum, Eisner & Gorin at 877-781-1570.
Tagged under: SEX CRIME ACCUSATIONS


Medical Marijuana Raids in Culver City



One hot topic in California politics is medical marijuana. Los Angeles criminal defense attorneys represent people who stand accused of breaking a law that is quite complicated. The law in Los Angeles, as well as the rest of California, allows medical marijuana within certain parameters. However, federal law does not allow marijuana to be grown, distributed or used for any reason.

In Culver City, federal authorities as well as local agents, raided two Westside medical marijuana dispensaries and the homes of the owners. The raid occurred in Culver City and Los Angeles and the Drug Enforcement Agency refused to disclose the exact amount of medical marijuana that was seized. The FBI, DEA, Internal Revenue Service, Los Angeles County Sheriff’s Department, Los Angeles Police Department, Torrance Police Department and Culver City Police Department took part in the raids. No reason was given for the raids.

There were raids earlier this month which came on the same day that an appellate court in San Diego ruled that federal law does not preempt the state’s law allowing the use of medical marijuana. What the federal government has created is an instance in which you could be obeying state law while disobeying federal law. No other area of law creates such problems. One of the individuals arrested at the medical marijuana bust in early August suffers from multiple sclerosis and has been a customer of that dispensary since early 2009.

In June, the Los Angeles city council began to shut down medical marijuana dispensaries throughout the city that failed to properly register with the city. Many members of the community are concerned that these dispensaries will endanger the neighborhoods in which they exist. Medical marijuana activists are fighting back, storming city halls throughout Los Angeles claiming they are obeying state law.

Los Angeles criminal defense attorneys are invaluable to anyone operating a medical marijuana dispensary. The law is murky at best, and although it seems there is a greater freedom, there is also a great deal of confusion. Federal authorities are ignoring state law and city law, raiding medical marijuana dispensaries on a regular basis. If you operate a medical marijuana dispensary, or if you are a medical marijuana user, contact the Los Angeles criminal defense attorneys at Kestenbaum, Eisner & Gorin today.



California Child Pornography Charges



When a skilled Los Angeles criminal defense attorney represents someone charged with child pornography crimes, he must devise a unique, sophisticated defense. Any child pornography charge in Los Angeles, or any other part of California, carries serious penalties and requires the skill of a Los Angeles criminal defense attorney with a unique background, successful track record and unmatched knowledge of the law.

One individual who could have used a skilled Los Angeles criminal defense attorney is Keith Griffin of Marin County. he claimed that the child pornography police found on his computer was indeed downloaded…by his cat. He claims that he would step away from his computer for long periods of time and return to find his cat had downloaded the child pornography without his being present. Unfortunately, the man had over 1,000 images of child pornography on his computer and is being charged with 10 counts of possession of child pornography. He is also being held on $250,000 bail.

If you are charged with such a sexual offense, you need could be facing some of the stiffest penalties California has to offer. For example, possessing, distributing or manufacturing child pornography is punishable by serious jail time, long periods of probation, community service, limited access to public parks and even inclusion on the California Sex Offender Registry. Any of these penalties could cause permanent damage to your future, your relationships, your current employment and more. Los Angeles child pornography laws offer severe penalties, and both juries and judges can be prejudiced against anyone charged with such a crime.

The Los Angeles criminal defense attorneys at Kestenbaum, Eisner & Gorin have years of experience with child pornography laws, including Section 311.11 of the penal code. Our criminal defense team has years of experience with Los Angeles courts, Los Angeles laws, sex offenses and more. In fact, our attorneys have over fifty years of experience, and many of those years were spent working in Los Angeles District Attorneys’ Offices.

If you are facing child pornography charges, contact our law offices today at 877-781-1570.
Tagged under: CHILD PORNOGRAPHY PC 311.11


Main Jailed For Yawning



Defending a client against criminal charges can be complicated for any Los Angeles criminal defense attorney. There aer a number of factors to take into consideration, such the defendant’s prior criminal record, the skill of the prosecuting attorney, the type of crime and whether the charge is a felony or misdemeanor. One other factor that a Los Angeles criminal defense attorney will have to take into consideration is the judge who is presiding over the case.

In a recent story which has shocked many, a judge sentenced a man to six months in jail for contempt of court. Normally, contempt charges are reserved for people who show blatant disrespect to the court or the judge. However, in this particular case, the man was guilty of yawning. There is no information left out, the man yawned a little too loudly for the judge during a sentencing hearing for someone else and was sentenced himself to six months in jail. What’s worse, the man was not charged with a crime. In such instances, a Los Angeles criminal defense attorney has a limited ability to bring proper defense, because there is no jury trial.

A skilled Los Angeles criminal defense attorney who understands trials and Los Angeles courts can be a major asset to anyone facing felony or misdemeanor criminal charges. Judges often come down hard on defendants, especially if they are elected and have to justify their positions to the general public. Either way, only a skilled Los Angeles criminal defense attorney will know how each judge handles his or her court room, and how to best navigate any criminal trial.

While the case of this yawning man is a bit extreme, there are definitely judges who seem to go out of their way to enforce the full letter of the law, which can cost you months, years or even decades in prison. If you find yourself facing harsh criminal charges, you should find a Los Angeles criminal defense attorney who knows the law, courtroom techniques and who has a solid track record.

Contact the Los Angeles criminal defense attorney team at Kestenbaum, Eisner & Gorin today. Our skilled legal team can represent you no matter what you have been charged with.



Los Angeles Drug Crimes



Los Angeles criminal defense attorneys who represent people charged with drug crimes must know the law, the Los Angeles courts and Los Angeles law enforcement. In some cases, they have to know the world of acting as well.

Take for example Cameron Douglas, son of Oscar winning actor Michael Douglas, could face life in prison for selling large amounts of illegal drugs. Douglas is accused of selling tens of thousands of dollars worth of methamphetamine. He faces a minimum sentence of 10 years and a maximum of life sentences for possessing and distributing forms of methamphetamine which are also known as “Meth,” “Crystal Meth” and “Ice.”

Los Angeles drug offenses include possession, distribution, manufacturing, cultivation and money laundering. Having a highly skilled Los Angeles criminal defense attorney working with you to defend against any drug offenses is a major asset. Public defenders provide little relief to those facing drug charges, in part because they defend so many people every day. Public defenders also may not be the best attorneys available.

A qualified drug crimes defense attorney can offer the kind of experience need to successfully represent you. For example, in Cameron Douglas’ case, he needs an attorney who can provide top notch defense for serious drug crimes. Los Angeles drug crimes of that magnitude are felonies, will count as a strike in California’s three strike rules and could lead to decades in prison.

Only a highly skilled, highly trained Los Angeles drug crimes defense attorney can have any chance of keeping such a defendant from spending at least a decade in prison. Drug crimes defense include utilizing expert witnesses, searching the investigate techniques used by law enforcement and much more.

If you or someone you love is in need of a drug crimes defense attorney in Los Angeles, contact Kestenbaum Eisner & Gorin. Our Los Angeles drug crimes defense attorneys have a long track record of keeping people out of prison and at home with their loved ones.
Tagged under: DRUG CRIMES DEFENSE


Los Angeles/Glendale Gang Sweep



Los Angeles is cracking down on Los Angeles gang activity: a joint effort between several Los Angeles-area police task forces led to the arrest of 20 alleged gang members last Thursday, including four murder suspects, four attempted murder suspects and 12 drug or weapons violations suspects. A seven-month-long cooperative effort between the Los Angeles and Glendale police departments, California Department of Corrections, Immigration and Customs Enforcement, Los Angeles County Sheriff’s Department and Southern California Drug Task Force led to the serving of 19 arrest warrants and 21 search warrants. Authorities also confiscated 58 firearms (48 from one location), three ounces of cocaine and methamphetamine and roughly two pounds of marijuana. This latest sweep comes after joint forces had previously arrested 20 people for criminal offenses from weapons and drug charges to probation and parole violations.

In a city known for gang problems, Los Angeles takes Los Angeles gang-related criminal activity very seriously indeed. Research has often shown that economic downturns frequently lead to a spike in gang-related crimes, and Los Angeles law enforcement groups are at the ready. Gang violence has such a long and notorious history in Los Angeles that the Los Angeles Police Department even has a registry for gang members. Those convicted of what are believed to be gang-related crimes are required to register with police after their sentences are completed, and even after a Los Angeles gang affiliation or relationship ceases, those tags can and do persist with Los Angeles law enforcement.

Prosecutors who believe certain crimes are Los Angeles gang-related will often seek tougher, longer prison sentences for those being charged, while sentencing for known or alleged gang members also increases. If you are being charged with a gang-related crime, contact the Los Angeles criminal defense attorneys at Kestenbaum, Eisner & Gorin immediately. Our attorneys have several decades of combined experience in defending against criminal charges. Let us fight for you.



Sex Crimes and Los Angeles



Los Angeles sex crime defense attorneys work hard to represent those charged with a Los Angeles sex crime. Los Angeles sex crimes are difficult to battle against, in part because of the social stigma associated with the crime. The general public will often find anyone accused of a Los Angeles sex crime guilty, even before they are prosecuted.

In a recent case, NFL star Ben Roethlisberger of the Pittsburgh Steelers has been accused of raping a Nevada woman. The woman, a Harrah’s Lake Tahoe Hotel and Casino VIP Services Manager, has filed a civil suit against the quarterback claiming he asked her to come to his hotel room to fix a broken television set. After determining that there was nothing wrong with the television, the woman, whose identity has been withheld, claims Roethlisberger blocked the doorway, pushed her onto the bed and raped her. The lawsuit filed by the woman states that she had met Roethlisberger several times in the past when he had participated in an annual celebrity golf event hosted by the resort. The woman claims she reported the incident to the hotel’s chief of security, Guy Hyder. The lawsuit accuses Hyder and several other Harrah’s employees of covering up the incident and making derogatory remarks about her character. No Nevada law enforcement agencies were contacted by the woman and there were no criminal charges filed or investigations into the allegations taking place. Since Roethlisberger is not being accused of a criminal offense, he will not serve jail time if he is found guilty in the civil suit. The woman accusing him of rape is suing Roethlisberger for $380,000 in medical expenses for the treatment of depression, anxiety and post-traumatic stress disorder, $30,000 in lost wages and an unspecified amount of damages. Since this is a civil case and not criminal, neither the Steelers nor the NFL have released any statements as to what kind of punishment, if any, Roethlisberger will be given.

The Los Angeles sex crimes of rape and sexual assault charges are nothing to take lightly. Even if this case does not appear on Roethlisberger’s criminal record, it could permanently damage his good reputation. Had this woman filed criminal charges against Roethlisberger, he could have been facing as much as eight years in a state prison, in addition to probation or parole.

Just because someone makes an allegation against you does not mean that there is no way to defend yourself against it. Insufficient evidence, lack of witnesses and the absence of DNA evidence are some of the strongest defenses against sex offense charges. If you have been accused of a Los Angeles sex crime such as rape or sexual assault, call the Los Angeles criminal defense attorneys at Kestenbaum, Eisner & Gorin