Fenster, Alan

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Fenster, Alan

Child Abuse
Abuse crimes usually involve children. Child abuse is treated in courts as one of the most heinous crimes on the books. Obviously serious and flagrant abuse will be treated harshly by the courts. The problem arises if a parent uses physical means to discipline a child without the intent to seriously harm the child, for example, if your three-year-old runs out into the street, would it be so terrible to spank him to make sure he never does it again? Well, if someone sees you do that and calls the police you will probably get arrested for child abuse. I won a case like this some time ago because there were a few not politically correct older men on the jury and they refused to convict.

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Fenster Alan Attorney At Law

Alan Attorney Fenster at Law

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Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Domestic Violence Attorneys, Immigration Law Attorneys, Personal Injury Law Attorneys, Traffic Law Attorneys

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Phone: (310) 273-3661

Address: 9777 Wilshire Blvd Ste 900, Beverly Hills, CA 90212

Website: http://alanfensterlaw.com

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Fenster, Alan

Child Abuse
Abuse crimes usually involve children. Child abuse is treated in courts as one of the most heinous crimes on the books. Obviously serious and flagrant abuse will be treated harshly by the courts. The problem arises if a parent uses physical means to discipline a child without the intent to seriously harm the child, for example, if your three-year-old runs out into the street, would it be so terrible to spank him to make sure he never does it again? Well, if someone sees you do that and calls the police you will probably get arrested for child abuse. I won a case like this some time ago because there were a few not politically correct older men on the jury and they refused to convict.

Criminal Defense
Alan Fenster is dedicated to being the top criminal law attorney in Los Angeles. With over 40 years of criminal defense and some of the greatest victories in legal history, his record of success is proven.
DUI/DWI
In California, driving with over 0.08 percent alcohol in your blood is a crime. Driving with a drug in your system which appreciably affects your driving ability is also a crime, but this is a much more difficult crime for the government to prove. The issue is how to prove whether your driving ability has been appreciably affected, for example, Adderall, which contains amphetamine, is often prescribed by doctors for people with attention deficit disorders. Having attention disorders can make a person a poor driver, so using Adderal may mitigate such issues and actually improve driving ability. So even though a driver might have a significant amount of amphetamine in his system if he has been prescribed Adderall he is actually a much safer driver. This issue also applies to various other drugs that might be found in a driver’s blood but actually do not impair driving. Only a competent lawyer can help a defendant who is charged with this type of DUI or other serious traffic offense.
Traffic Violations
“I was driving over a hundred miles an hour on the freeway trying to get away from the CHP. I ended up smashing my car into a pole, and faced criminal charges of evading the police and a minimum of one year in jail. Mr. Fenster got me a speeding ticket and a $100 fine. He saved my life.”
Sex Crimes
– Non-citizen convicted of child annoying/molesting, a registerable sex offense, in 1992. INS picked him up in 2009 and placed him in deportation proceedings. Motion to vacate was granted, and client, who has a brand new baby, is now released from custody and applying for citizenship.
Fraud
What is particularly interesting about this case is that his employer was also engaged in certain financial activities, which involved tax fraud. He cooperated with the government and supplied information about the illegal activities of his employer, which resulted in his receiving a downward departure in the sentencing guidelines [this was a federal case] and he ended with a very minimal punishment. Yes indeed, sometimes crime really does pay, especially when you hire a smart and creative lawyer.
Robbery
The rule makes sense in many contexts. For example, if you drive 100 miles an hour in a residential neighborhood and run down and kill someone, your conduct is so obviously dangerous to life that you could be found guilty of second-degree murder. Or if you participate in an armed robbery and someone is killed, you could be found guilty of murder under the felony-murder rule.
White Collar Crimes
Theft
Misdemeanors
The client’s father, a very wealthy man, hired a well-known criminal lawyer in Los Angeles for a hefty sum of money. The lawyer worked out a deal where the client would plead guilty to the Great Bodily Injury charge, and would be placed on three years felony probation with 30 days of Caltrans. At the end of probation the charge could be reduced to a misdemeanor. Not a bad deal, but the father didn’t think it was good enough and eventually came to me.
Embezzlement
Unfortunately, the lawyer did not realize that allowing the client to plead guilty to Grand Theft by Embezzlement meant that the client was now deportable, and in fact some months later the client was arrested by INS and placed into deportation proceedings. Fortunately, the client was referred to me and i filed a Motion to Vacate the words “by Embezzlement” from the charge filed against her and to which she pled guilty. After weeks of pleading with the higher-ups in the District Attorney’s office i was able to convince them to strike the words “by Embezzlement” as shown in the attached minute order.
Drug Crimes
In the dark ages of American history, like 50 year ago, federal criminal prosecutions were rare. Only the most serious crimes were prosecuted in federal court. However, with the advent of the war on drugs, more and more routine drug cases ended up in federal court, where the sentences can be huge. A perfect example is the sale of small amounts of crack cocaine, usually by African-American men. The mandatory minimum sentences for such offenses in federal court could be ten years, twenty years, or even life depending on the offender’s criminal record, while in state court the punishment might only be a few years. This is why federal penitentiaries are full of low-level prisoners.
Assault
Conviction for domestic assault and battery in California, depending on the extent of injury, calls for a state prison term of two to four years, or a county jail term of up to one year. Los Angeles County criminal defense lawyer Alan Fenster explores all possible defenses to clear his client’s name through a jury trial or motion to dismiss charges, or to achieve the best outcome for a guilty plea.
Murder
Defendant was convicted of first degree murder of her husband and attempted murder of her son after a protracted jury trial in Orange County Superior Court. Defendant was represented by another lawyer and then hired Alan Fenster to process her appeal. All briefs have been filed and we are awaiting oral argument and the final opinion of the Court of Appeals.
Probation Violation
A criminal defendant is not entitled to a jury trial if charged with these types of violations. Parole violations are decided by a parole hearing officer, who can consider hearsay evidence and just about anything else he wants. Parolees have hardly any rights, so unless the parolee is factually innocent, and can prove it, it is likely he will be violated. Probation violations are also heard by a judge, not a jury, and again the defendant has few rights, not even illegal search and seizure if the violation is based on evidence seized.
Homicide
Violent crimes other then homicide can also be defended in one of two ways; either somebody else did it, or the requisite intent was not present. For example, assault with intent to commit great bodily injury might only be a misdemeanor. Assault if there was no intent to commit great bodily injury, or shooting at an inhabited dwelling might only be an accidental shooting with no specific intent to harm anyone. A creative lawyer is always looking to find mitigating factors involving intent, even including psychological issues where possible.
Restraining Order
Recently I handled a case where the father disciplined his daughter by hitting her with a belt on her legs, causing a bruise. No blood, no broken skin. The girl, 10 years old and with a history of throwing temper tantrums, was throwing water on the floor and refused to stop when asked by her nanny. The nanny called the mother, who called the father, who had to come home and discipline his daughter. The next day, the girl went to school and the teacher saw the bruise. The police are called, and the father is subsequently arrested. Not only is he arrested, but a restraining order is issued which requires that he can no longer live in the family home, and cannot even talk to or visit with his daughter. When we go to court for his arraignment, the criminal judge refuses to even consider amending the restraining order because the deputy district attorney, a young woman with no children, thinks this man is a monster.
Forgery
Manslaughter
The issue on appeal deals with the use of chemotherapy for breast cancer and related drugs used to ameliorate the side effects of such chemotherapy. In this trial various experts testified that Defendant’s mental functioning was so impaired by the drugs she was taking that she could not form the necessary malice or other intent to murder and thus the jury should have been instructed as to involuntary manslaughter and also unconsciousness as a complete defense to murder. The court refused to give any instructions relating to manslaughter or unconsciousness, so the jury had no choice but to convict defendant of the murder charges. The appeal is thus based on the court’s refusal to give proper instructions to the jury. This case is particularly interesting because it follows the movie script utilized in Side Effects by Steven Soderberg. The heroine in that movie was charged with murder but raised the defense that she was not legally responsible because of the drugs she was taking for a medical condition. Of course, the movie had a surprise ending much different than this real life case.
Prostitution
– Non-citizen client convicted of prostitution as a young man, as a result unable to become a citizen of the U.S. Motion to vacate conviction granted and case dismissed. Will now become a citizen. [L.A. Sup. Ct. #3HL01248]

Immigration Law

Citizenship and Naturalization
Green Cards

Personal Injury
“I was a personal injury lawyer, but got into trouble for insurance fraud…about $350,000 worth. Alan was very friendly with the D.A., and I ended up with a misdemeanor and no time in jail. He really knows his stuff.”

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