The Leventhal Blog
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DUI: Everything You Need to Know About Sobriety Checkpoints

February 3, 2017 by Andrew Leventhal

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


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DUI: Other Vehicles

February 3, 2017 by Andrew Leventhal

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


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Know Your Rights: Part 1.1 – The Fourth Amendment – Search & Seizure

January 23, 2017 by Andrew Leventhal

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


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Know Your Rights: Introduction

January 15, 2017 by Andrew Leventhal

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


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The Officer Did Not Read Me My Rights: Do I Get a Dismissal?

January 14, 2017 by Andrew Leventhal

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


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I’ve Been Pulled Over for DUI: What Should I Do?

January 13, 2017 by Andrew Leventhal

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


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Mock Cross-Examination of Prosecution Crime Lab Expert

January 9, 2017 by Andrew Leventhal

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


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Miranda Rights: Sequential Confessions

December 18, 2016 by Andrew Leventhal

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


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Fighting to Exonerate the Wrongfully Convicted

November 11, 2016 by Andrew Leventhal

Of Counsel, Mark McBride, Esq. makes the news in his efforts to exonerate Willie Cooks, a man who has spent almost three decades in prison for a murder he did not commit.  THE LEVENTHAL FIRM is proud to have Mr. McBride on its team.  Our firm takes wrongful convictions very seriously and does what we… Read more


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Proposition 64 Resentencing

November 10, 2016 by Andrew Leventhal

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


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Keeping Clients Out of Jail

September 20, 2016 by Andrew Leventhal


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Zealously Defending Those in the Military

September 20, 2016 by Andrew Leventhal