In Part 1.1, we discussed when the Fourth Amendment applies. Stated another way, we learned precisely when a police officer must justify intrusions into our personal space or property. In Part 1.2, we will discuss what the government must show to render a search or seizure reasonable. The justification rules depend upon whether or not… Read more

A restraining order is a court issued mandate compelling a person to stay away from persons or places after a hearing setting forth some cognizable threat of harm. We see those caught in toxic relationships (intimate or otherwise) petition courts for these orders all the time. And, believe it or not, these orders are fairly… Read more

Many know that I am extremely passionate about criminal law and individual rights: I am launching a new Instagram Live series entitled, “ASK ANDREW” every Thursday at 12:15 P.M. Join me live and ask questions about criminal law and constitutional rights. I love to share my experience and knowledge over the years in criminal law… Read more

TESTIMONIAL AFTER COURT:  This is Andrew Leventhal, Esq., and his client, outside the Norwalk Courthouse, after a major victory. Mr. Leventhal’s client wanted to give a video testimonial about his experience with THE LEVENTHAL FIRM. This gentleman was accused of firing a glock at a passerby motorist on the freeway. He was facing PC 245(b)… Read more

Preliminary Alcohol Screening (PAS) Devices What is a PAS test? The PAS, or preliminary alcohol screening device, is one of the roadside “field sobriety tests” given by the officer to determine whether you are under the influence of alcohol.[i]  After the officer detains you for a DUI, but before she arrests you, she will probably… Read more

  California DUI Sentencing Part 3:  Felony DUI Convictions In California, driving under the influence can result in a felony conviction either because of qualifying prior DUI convictions or because someone was injured as a result of driving while under the influence. DUIs with prior convictions “Simple” DUIs – violations of VC 23152(a) or (b)… Read more

CLIENT TESTIMONIAL:  GLENDALE COURT  We are so incredibly happy for this young man. He had no record and found himself in a heap of serious trouble at the young age of 19. The Glendale Police Department investigated this matter. Our Pasadena and Los Angeles criminal defense attorneys were able to dismantle these allegations, systematically, over… Read more

DUI Sentencing:  Part II – Prior Convictions and Sentencing Enhancements The punishment for driving under the influence in California (VC 23152) increases if the prosecution proves prior DUI convictions within a 10 year window.  Also, several facts, or special allegations may enhance a DUI sentence if properly pled and proven. Prior DUI Convictions In California,… Read more

CALIFORNIA DUI CONVICTIONS: PART 1 – First Time DUI Sentencing If you are convicted of a misdemeanor DUI in California[i], the punishment can include fines, jail time, classes, driver’s license suspension/revocation, and installation of an ignition interlock device in your car.  Several other consequences flow collaterally from a first-time DUI conviction – the fees for… Read more

DUI SOBRIETY CHECKPOINTS Are Sobriety Checkpoints Legal? The Supreme Court has held that sobriety checkpoints, like border checkpoints, are legal under certain circumstances.[i]  However, sobriety or DUI checkpoints are seizures, and thus must comport with Fourth Amendment strictures.  Dragnets, or police roadblocks set up to find anything that “looks suspicious” are illegal.  In contrast, a… Read more

DUI WATER SKIS, SNOWMOBILES, HORSES AND OTHERS Violations of VC 23152 and VC 23153 (drunk driving, driving under the influence) are committed when someone drives a vehicle[i]  while under the influence of a drug or alcohol (or while having a blood alcohol level of 0.08 percent or more).  Common sense and the law tells us… Read more

We will start with the Fourth Amendment – search and seizure law. Part 1.1 discusses what the Fourth Amendment says, what it protects and when it applies. The Fourth Amendment – What it Says and What it Protects  The Fourth Amendment to the United States Constitution protects us from unreasonable governmental intrusions into our private… Read more

Purpose of This Blog-Series  I have decided to write a Series about our constitutional rights in a criminal law context.  My clients, colleagues, friends, and family members often ask me whether something a police officer did (or did not do) was “legal.”  My goal with this Series is to teach people what the police can… Read more

This is about our Miranda rights. Most people naturally think that a police officer’s failure to advise is tantamount to a dismissal. After all, this has been the story on television for decades. But, in reality, an officer’s failure to advise may mean nothing to a judge. Why? The Truth Behind Miranda Miranda is a… Read more

I’ve handled hundreds of DUI cases and tried many. These lawyer experiences shaped my DUI paradigm from a practical standpoint – I now have a consistent opinion (other lawyers may disagree) on what a person should do and/or say, if anything, when pulled over for DUI. Phase One – The Point of Contact
 Here, you… Read more

This video serves as an example of how THE LEVENTHAL FIRM uses its knowledge and skills to manipulate unfavorable scientific evidence in a jury trial setting.  Lead Trial Attorney, Andrew Leventhal, Esq., uses a real DUI criminal case to show his audience that damning scientific evidence can be beat.  In this DUI case, Mr. Leventhal… Read more

Miranda Rights: Sequential Confessions Here is the hypothetical:  A detective interrogates his suspect at the station-house absent Miranda warnings. He procures a voluntary confession. Two hours later, the same detective interrogates the same suspect in the same station-house interview room, but properly Mirandizes his suspect – he again elicits the same confession. Are either of… Read more

THE LEVENTHAL FIRM has important things to share about Proposition 64. Pot is generally legal. We know that today. But, what does that mean for all the people who suffered marijuana related criminal convictions that would have been punished differently under the new 64 legal framework? My law firm has a lot to say about… Read more