In the continuation of our exploration (Part 1.2) into the Fourth Amendment, we delve into the intricacies of what legitimizes a search or seizure, particularly when executed with judicial approval – that is, a warrant. Search & Seizure by Warrant A warrant, essentially a judicial green light, empowers law enforcement to search specific premises (search… Read more

A restraining order, a judicial directive compelling individuals to maintain distance from specific persons or places due to perceived threats, is a legal tool frequently sought in the context of toxic relationships, both intimate and otherwise. Surprisingly easy to obtain, these orders typically emerge through civil court petitions or within the realm of criminal cases… Read more

Elevate your understanding of criminal law and individual rights with my exciting new Instagram Live series, “ASK ANDREW,” airing every Thursday at 12:15 P.M. Tune in live to throw your questions about criminal law and constitutional rights my way.  As a fervent advocate for justice, I’m here to share insights garnered from years of experience… Read more

Post-Court Testimonial: Here’s a moment of triumph outside the Norwalk Courthouse with Andrew Leventhal, Esq., and his elated client, eager to share his experience with THE LEVENTHAL FIRM after a significant legal win. The client faced grave accusations, including firing a Glock at a fellow motorist on the freeway, leading to charges like PC 245(b)… Read more

Preliminary Alcohol Screening (PAS) Devices Unlocking the PAS Test: Encountering the flashing lights of a police officer in a DUI scenario often involves a series of field sobriety tests, among which is the Preliminary Alcohol Screening (PAS) device[i]. Before an official DUI arrest, officers administer the PAS test by having individuals exhale into a tube… Read more

  California DUI Sentencing Part 3:  Felony DUI Convictions In the realm of California DUIs, the landscape becomes more complex with the prospect of felony convictions. These can arise due to either qualifying prior DUI convictions or if an individual causes injury while driving under the influence. DUIs with Prior Convictions What seems like a… Read more

CLIENT TESTIMONIAL:  GLENDALE COURT  We’re overjoyed for this young man who, at 19 with a clean record, found himself in serious trouble. The Glendale Police Department launched an investigation, but our skilled Pasadena and Los Angeles criminal defense attorneys systematically dismantled the allegations over a few months. We secured crucial audio recordings that revealed facts… Read more

DUI Sentencing:  Part II – Prior Convictions and Sentencing Enhancements The consequences of a DUI conviction in California (VC 23152) become more severe with prior DUI convictions within a 10-year window. Additionally, specific facts or special allegations can enhance the DUI sentence when properly pled and proven. Prior DUI Convictions Prior convictions for VC 23152,… Read more

CALIFORNIA DUI CONVICTIONS: PART 1 – First Time DUI Sentencing Introduction A misdemeanor DUI conviction in California[i] can lead to a slew of consequences, from fines and jail time to classes, license suspension, and the installation of an ignition interlock device. Additionally, first-time DUI convictions trigger collateral repercussions, including court fees, DMV complications, increased insurance… Read more

DUI SOBRIETY CHECKPOINTS Are Sobriety Checkpoints Legal? Sobriety checkpoints, akin to border checkpoints, have been deemed legal under specific circumstances by the Supreme Court[i]. However, these DUI checkpoints are considered seizures and must align with Fourth Amendment requirements. Unlike illegal dragnets, sobriety checkpoints are established explicitly to deter impaired driving. The California Supreme Court has… Read more

Violating VC 23152 and VC 23153 (drunk driving, driving under the influence) extends beyond traditional vehicles [i]. Common sense and the law dictate that self-propelled or motor vehicles [ii], such as motor trucks, golf carts, motorcycles, and snowmobiles, should not be operated under the influence. However, California’s DUI laws have a broader reach, encompassing all… 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

Embarking on a journey through the labyrinth of constitutional rights in the realm of criminal law, this series aims to demystify the often murky waters of police conduct during investigations. Many, from my clients to friends and family, have sought clarity on the legality of actions taken (or not taken) by law enforcement. Drawing from… Read more

Miranda rights – a term etched into our collective consciousness thanks to decades of Hollywood portrayals. However, the reality is far from the scripted drama. Many believe that an officer’s failure to recite these rights leads to automatic dismissal, a notion perpetuated by television narratives. The Mirage of Miranda Miranda, a landmark case from the… Read more

With years of experience handling countless DUI cases, my encounters in the legal arena have crystallized a consistent approach for individuals faced with a DUI stop. While other lawyers may offer differing opinions, I’ve distilled key insights on what you should do—or refrain from doing—when pulled over for DUI. Phase One – The Point of… Read more

Experience the strategic prowess of THE LEVENTHAL FIRM as we delve into a real DUI criminal case, dissecting the art of dismantling damning scientific evidence in a jury trial setting. Lead Trial Attorney, Andrew Leventhal, Esq., skillfully navigates through breath alcohol readings exceeding the legal limit, showcasing how objective facts, empirical data, and the Evidence… Read more

Imagine this scenario: A detective conducts an interrogation at the station-house without providing Miranda warnings, securing a voluntary confession. Two hours later, the same detective, in the same station-house interview room, properly Mirandizes the suspect and elicits the same confession. The burning question: Are either of these confessions admissible in court? While we staunchly argue… Read more

Introduction: In the evolving landscape of cannabis legislation, Proposition 64 has undeniably transformed the legal framework surrounding marijuana use. With the legalization of recreational pot, our society has taken a significant step forward. However, it prompts us to delve into the complexities beyond mere recreational use—specifically, the implications for individuals burdened by past cannabis-related convictions.… Read more