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Eisner Gorin LLP
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Eisner Gorin LLP - Our law partner, Dmitry Gorin, was interviewed by Variety about Cosby's posting $1 million bail following his detention in court.

Dmitry Gorin, of Eisner & Gorin in Los Angeles, said that the criminal charge “really should not affect the civil cases at all.”

If Cosby were convicted in the Constand case, a plaintiff may very well try to admit that fact into evidence in another accuser’s civil case. “It is going to be up to the trial judge. A judge has to balance the probative value versus the prejudicial effect,” Gorin said.

Eisner Gorin LLP
14401 Sylvan St #112 Van Nuys, CA 91401
818-781-1570
http://www.keglawyers.com

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Eisner Gorin LLP - Lewd Conduct Charges in Los Angeles

California Penal Code § 647(a): Lewd Conduct

The prosecution needs to be able to prove each and every one of the elements of an offense beyond a reasonable doubt in order for you to be convicted at trial.  If the prosecution cannot prove even just one element beyond a reasonable doubt, the jury is required by law to find a not guilty verdict.  It is for this reason that an understanding of all of the elements of an offense is critical to preparing a defense for your case. 
 
There are two types of lewd conduct: Soliciting Lewd Conduct and Engaging in Lewd Conduct.
 
For the crime of Engaging in Lewd Conduct, the elements are:
 
(1) You and committed some act that included the touching of your own private parts or the private parts of someone else; AND
(2) This act took place in a public setting where it was visible; AND
(3) The motivation for the conduct was sexual gratification or to cause offense.
 
For the crime of Solicitation of Lewd Conduct, the elements are:
 
(1) You asked someone else in public to commit an act that included the touching of private parts; AND
(2) You intended for that person to commit this act in public; AND
(3) At the time of the solicitation, you knew or reasonably should have known that someone might be present who might be offended; AND
(4) The motivation for the conduct was sexual gratification or to cause offense.
 
Typical Cases
 
One example of engaging in lewd conduct would be a person who takes off his clothes and begins masturbating in a public park.  Another example would be two people having sexual intercourse in a public park.  An example of soliciting lewd conduct would be a person who goes up to someone in a park and asked that person to begin masturbating.
 
Related Offenses
 
Related offenses are offenses that can sometimes be charged together or sometimes charged instead of one another. 
 
For the crime of lewd conduct, related offenses are:
 
California Penal Code § 314: Indecent Exposure

Possible Consequences
 
Lewd conduct is a misdemeanor offense that carries a maximum penalty of up to six months in county jail and/or a fine.
 
Although the law does not require you to register as a sex offender if you are convicted of this offense, the Court can still order you to do so if it finds that you committed the offense out of sexual compulsion or for sexual gratification.
 
Possible Defenses
 
The facts of the case and the prosecution’s evidence need to be carefully analyzed for any factual inconsistencies as to what actually happened or who actually committed the offense.  Evidence can also be offered to demonstrate that the purpose of the conduct was neither sexual nor to cause offense.

Eisner Gorin LLP
14401 Sylvan St #112 Van Nuys, CA 91401
818-781-1570
http://www.keglawyers.com/CM/PracticeAreaDescriptions/SexCrimes.html/
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Eisner Gorin LLP - Information About Criminal Record Expungements in California

An expungement under Penal Code § 1203.4 is a dismissal of a conviction that was part of your criminal record.  You can only obtain an expungement though for misdemeanors or for “wobblers,” offenses that can be charged as a felony or a misdemeanor.  If the offense was an offense that is always charged as a felony, then you cannot get it expunged.  It should be noted, additionally, that there are certain misdemeanor sex crimes that cannot be expunged (Penal Code §§ 261.5(d), 286(c), 288, and 288a(c).)

In order to obtain an expungement, you must have successfully completed probation on your case and must not be on probation for or charged with any new case. 

Although an expungement does not completely wipe the case off your record, it does have many benefits, most notably that it prevents an employer from asking about the case or from using it in making a hiring decision. It will not, however, remove you from the sex offender list  (f your offense caused you to register) or permit you to own firearms (if the offense was a felony).

If you are interested in expunging your conviction, please contact our office and we would be happy to review your case. 

Eisner Gorin LLP
14401 Sylvan St #112 Van Nuys, CA 91401
818-781-1570
http://www.keglawyers.com
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Eisner Gorin LLP - Defending Attempted Murder Charges in Los Angeles

Attempted Murder (Penal Code §§ 664/187) is the unsuccessful attempt to perform that action.  In order to be convicted of attempted murder, the prosecution must prove beyond a reasonable doubt that (1) you committed an act towards killing someone but were unsuccessful and (2) you had the specific intent to illegally kill someone (malice aforethought). 

It should be noted that if one person is the intended victim, but someone else gets hurt (i.e., a bullet is fired into a crowd but misses the intended victim and strikes someone else), you can still be charged with attempted murder.  

Many of the defenses to murder also apply to attempted murder, including self-defense or heat of passion.  The offense can be divided into the actus reus (the physical act) and the mens rea (the mental state).  Since the prosecution has to prove both the actus reus and the mens rea, a good defense should analyze both aspects of the case.  

If convicted of an attempted premeditated murder, the sentence is life in state prison with the possibility of parole.  


Eisner Gorin LLP
14401 Sylvan St #112 Van Nuys, CA 91401
818-781-1570
http://www.keglawyers.com/PracticeAreas/Murder-Violent-Crimes.html/
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Eisner Gorin LLP - Received a 5 Star Client review on Avvo

Dmitry Gorin and his staff are fantastic!!

During one of the scariest times of my life I found myself having to deal with criminal charges and hired Eisner & Gorin LLP to defend me. After talking with Dmitry Gorin and his team of professional's, I felt confident that I hired the right team to represent me. Dmitry and his staff were excellent with communicating and answering any questions that my wife or I had. His court performance is flawless!! 

I highly recommend Eisner & Gorin for any type of legal representation.

Eisner Gorin LLP
14401 Sylvan St #112 Van Nuys, CA 91401
818-781-1570
http://www.keglawyers.com

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Eisner Gorin LLP - Top-Rated Drunk Driving Lawyers in Los Angeles & San Fernando Valley

At Eisner Gorin LLP, a Southern California criminal defense law firm, our DUI lawyers know how to proceed after a DUI arrest in a timely manner, protecting your freedom and your rights. YOU HAVE TEN DAYS FROM THE DATE OF YOUR ARREST TO DEMAND AN ADMINISTRATIVE HEARING FROM THE DMV. We have an exceptional record at these hearings resulting in many clients' retaining their driving privileges. We also can advise you on how to obtain a Restricted License if you lose the hearing, shortening the normal four-month suspension to thirty days. We will explain to you the pros and cons of requesting a "Stay" on your suspension to allow you to drive until your hearing with the DMV.

Our DUI attorneys work hard defending our clients arrested for drunk driving. After many years of experience defending DUI/DWI cases, we have an in-depth knowledge of California DUI Laws, the court process, Department of Motor Vehicles ("DMV") licensing hearings, and all aspects of California DUI defense and related matters. We represent many clients from outside of California who get arrested while visiting here. Our office can make all court appearances for you, thereby allowing you to continue working without interruption.

Some of the DUI matters we handle include the following:

Drunk Driving
Driving Under the Influence of Alcohol or Drugs
Driving While Intoxicated
Field Sobriety Tests
Breath Testing
Alcohol Evaluations
Driver's License Suspension
Underage Drinking and Driving
Vehicular Assault
Vehicular Homicide

Our DUI lawyers aggressively protect your rights, your freedom, your driving privileges, and your reputation. Some of the things we do include:

Immediately contacting the DMV to Protect Your Driving Privilege by Requesting a Hearing with the DMV
Obtaining a "Stay" on the Suspension
Obtaining a Restricted Driver's License
Advising After a California DUI Arrest
Preparing Documents
Appearing before Department of Motor Vehicles Officers
Plea Bargaining
Drafting Motions
Trial Preparation, including Evidence Gathering
Appearing Before All California State Courts of Law
Presenting Cases at Trial before a Judge or Jury

Don't waste your time with the big firms where a "case manager" or "paralegal" interviews you. At Eisner Gorin LLP , you always meet with the attorney handling your case. In fact, you get all three attorneys' advice for the price of one! We don't send embarrassing letters to your house after buying your name from the police. At Eisner Gorin LLP, you receive personal attention.

Eisner Gorin LLP
14401 Sylvan St #112 Van Nuys, CA 91401
818-781-1570
http://www.keglawyers.com/CM/PracticeAreaDescriptions/DUI.html/
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Eisner Gorin LLP - Jail Alternative Sentencing Attorney in Los Angeles

Stay Out of Jail - Los Angeles Alternative Sentencing Options

When you lose your freedom to a jail or prison sentence, every aspect of your life could be at risk: your job, your marriage, your life itself. You can make another dollar but you can’t make another day.

If you’re facing criminal charges that could result in jail or prison time, you need an experienced criminal defense attorney who understands the range of Los Angeles alternative sentencing options, and who aggressively represents your interests in court. You need an attorney from the law office of Eisner Gorin LLP.

With a combined 50 years of legal experience and credentials that few law firms can match, the premier criminal defense lawyers at Eisner Gorin LLP include a former District Attorney and a “State-Bar Certified Criminal Law Specialist.”

Alternative sentences are often the best option for the courts, for society, and for our clients. We help judges see our clients as real people, not just as offenders. Putting a real face on your case can open the door to creative alternative sentencing options that actually make a difference, rather than just punish.

Are there extenuating circumstances?
Has drug addiction or alcohol abuse played a role?
Do you have an underlying mental health issue?

Alternative sentences are an option for misdemeanor criminal convictions and many types of felony crimes, especially if this was your first offense. But even if you’ve had a few prior convictions, we’ll look for options:

House arrest
Electronic monitoring
Community service (including CalTran) and community labor
Drug rehabilitation (Proposition 36), halfway houses, or NA
Alcohol treatment programs, halfway houses, or Alcoholics Anonymous
Gambling addiction treatment programs
Therapy
Probation, supervised or unsupervised
Restitution
Restorative justice

Almost any crime can have an alternative sentence that minimizes intrusion into your life. Contact a Los Angeles criminal defense lawyer at Eisner Gorin LLP today.

Eisner Gorin LLP
14401 Sylvan St #112 Van Nuys, CA 91401
818-781-1570
http://www.keglawyers.com/PracticeAreas/Alternative-Sentencing.html/
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Eisner Gorin LLP - Violent Crime Charges in Los Angeles

If you are facing criminal charges for a serious or violent crime, murder, manslaughter, aggravated assault, assault with a deadly weapon, don’t talk to the police first. Talk to us to avoid a possible life sentence.

If you’re a suspect or have been charged with a violent criminal offense, you need a criminal defense attorney immediately. Too often people call a lawyer AFTER they’ve already talked to the police.

Police are very good at getting people to talk. That’s what they’re trained to do. Even if you’re NOT GUILTY of the charges against you—especially if you’re not guilty—you need an attorney to speak for you. At Eisner Gorin LLP, we’ll contact the police on your behalf. Nothing we say can be used against you in court. And all statements you make to us are completely confidential.

The best Los Angeles murder defense attorneys at Eisner Gorin LLP have a combined 50 years of courtroom experience and credentials that few defense firms can match. Our years of legal work in the Los Angeles area have earned our attorneys a reputation among law enforcement officers and prosecutors that is an invaluable part of our defense.

If you’re facing criminal charges on a strike offense, let us negotiate with police and prosecutors on your behalf. Immediate investigation and early intervention can show the prosecution that their case is weak, leading to rejection, dismissal, or a misdemeanor filing rather than felony charges. This can save you thousands of dollars in bail premiums alone!

We represent people charged with any serious felony in the San Fernando Valley or Southern California.

Murder, homicide, manslaughter, vehicular manslaughter
Domestic violence or elder abuse
Assault and battery, aggravated assault, assault with a deadly weapon
Hit and run drunk driving accidents
Criminal threats, terrorist threats, stalking
Carjacking
Drive by shootings, possession of illegal firearms or other weapons

If you are facing criminal charges, don’t talk to the police first. Talk to us.

Eisner Gorin LLP
14401 Sylvan St #112 Van Nuys, CA 91401
818-781-1570
http://www.keglawyers.com/PracticeAreas/Murder-Violent-Crimes.html/

http://www.thefederalcriminalattorneys.com 
http://www.sanfernandovalleylawyers.com 
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Eisner Gorin LLP - Defending Theft Crime Charges in Los Angeles

When a person is charged with theft, it usually means that he or she is suspected of the unlawful taking of property that belongs to another person with the intent permanently to deprive the rightful owner of that property. Theft includes the crimes commonly known as larceny, embezzlement, shoplifting, using false pretenses to obtain property, and identity theft. The exact charge will depend upon the circumstances that surround the alleged offense. A conviction of a theft charge can involve severe penalties, but there are many defenses available to a person who has been charged. If you have been charged with theft, or a theft-related crime, or if you know someone who has been charged, you need to contact an experienced criminal defense attorney.

By contacting an attorney as soon as possible, you increase your chances of mounting a successful defense, or even of avoiding more serious charges that could be brought. An expert criminal defense attorney can start working on your defense as soon as you contact him or her.

Many theft charges can be brought as either a felony or a misdemeanor, depending on the circumstances surrounding the crime and the value of the stolen items. A defendant convicted of a felony could serve a significant prison term, whereas a defendant charged with a misdemeanor may serve a short jail term or be required only to pay a fine or restitution. Many states define several levels of theft, typically including at least one type of petty theft and one type of grand theft, based on the value of the property taken. In many states, although petty theft is a misdemeanor, a second arrest for petty theft may be filed and punished as a felony, carrying serious penalties. An experienced criminal defense firm understands the tactics and obstacles that you will encounter and will work to get your charges dropped or reduced to a lesser offense in an effort to reach the best possible result for you.

Identity theft is an increasingly common crime. Offenders who are guilty of identity theft face severe penalties, as well as other consequences. Identity theft, or identity fraud as it is sometimes known, involves use of another person's personal information to commit fraud or theft. Identity theft offenses involve activities such as wrongfully obtaining the names, addresses, Social Security numbers, birth dates, or bank account numbers of another person, and using that information to open credit card accounts, apply for loans, open bank accounts, steal money from the victim's existing accounts, rent an apartment, file bankruptcy, or obtain a job using the victim's name. Because identity theft is costly to society, prosecutors are rigorously pursuing the claims in most jurisdictions. Identity theft cases are complex and defending the charges requires the expertise of attorneys experienced in representing defendants accused of identity theft.

Being charged with a serious crime such as theft can be devastating. If you are faced with the possibility of theft charges, you should immediately retain an experienced attorney. In some cases, an attorney may be able to negotiate civil restitution so that no criminal charges are brought, and some prosecutors will not pursue a charge if civil negotiations are progressing. An attorney experienced in handling theft cases is skilled at avoiding prosecution whenever possible. If a civil resolution is not possible, an attorney hired early in the process may be able to help you avoid jail even if charges are brought against you. Retaining an attorney is your first, best response to any type of criminal charge.

Eisner Gorin LLP
14401 Sylvan St #112 Van Nuys, CA 91401
818-781-1570
http://www.keglawyers.com/CM/FSDP/PracticeCenter/Criminal-Law/Theft.html/

http://www.sanfernandovalleylawyers.com 
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Eisner Gorin LLP - Unlawful Search - Court Granted Motion to Suppress Evidence - Case Dismissed

Eisner Gorin LLP earned a great victory for the Fourth Amendment today after a Judge held that officers had no legal justification to enter our client’s car to search for the registration after the vehicle stop. In so holding, the court granted defendant’s motion to suppress a firearm recovered inside the car, and the prosecution dismissed the case (People v. Y.F.)
 
Officer’s made a patrol stop of our client’s vehicle after claiming he went through a stop sign, made unsafe lane changes, and failed to signal before changing lanes. (Violations of Vehicle Code sections 22450, 21658 and 22107). Officers approached the car and asked client for his driver’s license, insurance and registration.  Officers claimed that client moved nervously in the vehicle, put his hand in his pockets and did not produce the proper documentation. Officers ordered client out of his car. While outside the car, client continued to move nervously, and denied officers’ requests to keep still and keep his hands out of his pockets.  Officers handcuffed client. Officers again requested the registration, which client said was on his phone.  Officers ask client for consent to enter the car which client refused. Officers entered the car in attempt to locate the registration, and while searching the interior, recovered a firearm in plain view from an open grocery bag. 
 
The court held that in general, an officer has the lawful right to enter a vehicle to recover the registration and proof of ownership of the vehicle – even where the subject refuses consent, or where the subject states that the documents are not in the car. But the court noted the relevant Vehicle Code section states as follows: “The driver of a motor vehicle shall present the registration or identification card or other evidence of registration of any or all vehicles under his or her immediate control for examination upon demand of any peace officer.” Vehicle Code section 44627.
 
The court ruled that in this case, client did not fail to produce his vehicle registration as the officers testified; in fact, he told them it was on his cell phone. This in effect constituted “other evidence of registration” as the statute permits. The court reasoned that in today’s electronic age, where we can travel between countries with a plane ticket produced on our phone (that passes muster even with TSA), a citizen that says his registration is “on my cell phone” does not fail to produce his registration.  The court also noted that it was significant that officers made no attempt to ask for or recover the cell phone, before entering and searching the vehicle.
 
The Court granted defendant’s Penal Code section 1538.5 motion, on grounds that although officers acted in good faith, they acted unlawfully by entering the car to search for the registration after client told them it was on his cell phone. The court suppressed the firearm recovered in the vehicle and granted defendant’s motion to dismiss the case.
 
The Fourth Amendment “The right of the people to be secure …  against unreasonable searches and seizures…” is an essential principal in criminal defense law.  It provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases.
 
Eisner Gorin LLP is a Criminal Defense Law Firm specializing in serious criminal cases including the following: White Collar Defense; Insurance Fraud; Bank Fraud; Computer Intrusion; Narcotics; Firearms; Murder; Rape; Molestation and DUI.

Eisner Gorin LLP
14401 Sylvan St #112 Van Nuys, CA 91401
818-781-1570
http://www.keglawyers.com
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