David Stephen Kestenbaum

David S. Kestenbaum has been practicing criminal law exclusively since 1979. He is rated AV by Martindale-Hubbell and has been listed as a Super Lawyer every year. He has also been named as a Preeminent Criminal Defense Attorney by LexisNexis. Mr. Kestenbaum Was recently elected to serve a second term as a Trustee of the San Fernando Valley Bar Association where he has been the Chair of the Criminal Law Section since 2011. Additionally, he was elected to the Board of Governors of California Attorneys for Criminal Justice (CACJ), a statewide Association of attorneys whose goal it is to make sure that Criminal Defense attorneys across the state are able to present the most up to date defenses with access to Motions and Briefs that have proved effective in California Courts. David is also a proud member of ProVisors, a nationwide group of high level attorneys and CEOs where he is considered a trusted advisor and a “go to person”. David was a prosecutor in Van Nuys from 1985 through 1992. Prior to and after his stint as a prosecutor, Mr. Kestenbaum defended citizens charged with crimes. He has had offices in Westwood, Century City and now in Van Nuys, directly across from the Van Nuys Courthouse, the District Attorneys office as well as the City Attorneys office. This prime location has allowed him to act quickly and aggressively in presenting his client’s case to the police or prosecutors prior to charges being filed. When this doesn’t work, Mr. Kestenbaum is always ready to try the case to a jury. At this writing, he has won acquittals in his last seven jury trials, including a 22 minute “Not Guilty” in his latest trial. Over the last thirty years, Mr. Kestenbaum has handled many high profile cases, both as a defense attorney and as a prosecutor. He has appeared on numerous Television interviews as well as radio interviews and newspaper articles. Several of his cases have garnered national news, although, as a rule, Mr. Kestenbaum works very hard at keep

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California

Since 1979

9th Circuit

President

Kestenbaum Law Group, A Professional Corportation

2014 - Current

Mr. Kestenbaum is President and CEO of Kestenbaum Law Group, A Professional Corporation dedicated to defending citizens who are being investigated or arrested by local, state or Federal agencies.

Founding Partner

Kestenbaum Eisner & Gorin, LLP

2000 - 2013

Mr. Kestenbaum founded this criminal defense firm by first bringing in Alan Eisner and then Dmitry Gorin. The firm handled all types of criminal matters, both state and Federal. Mr. Kestenbaum left the firm in 2014 to once again start a new law firm dedicated to providing the best customer service and legal defense people have come to expect from him.

Sole Practitioner

Law Offices of David S. Kestenbaum

1992 - 1999

After prosecuting in Van Nuys for 8 years, Mr. Kestenbaum left to form his own firm to once again help those accused of crimes; as he had done prior to becoming a prosecutor.

Deputy City Attorney

Los Angeles City Attorney's Office

1985 - 1992

David was recruited by the City Attorney's office to come in as Level 2 prosecutor due to his 6 years of experience trying criminal cases. Mr. Kestenbaum handled hundreds of cases and trials as a Deputy City Attorney, rising to a top "Level 3" Prosecutor. When a friend was appointed to the Bench, Mr. Kestenbaum left to take over a thriving criminal defense firm and has never looked back. During the time he was a prosecutor, David made many useful connections that inure to his clients' benefit in negotiations.

Mangaing Partner

Lovett, Obrenski & Kestenbaum

1981 - 1984

Mr. Kestenbaum headed the Criminal Defense team at this full service law firm located in Century City. While handling the criminal cases, Mr. Kestenbaum also took over any litigation in civil matters.

Sole Practitioner

Law Offices of David S. Kestenbaum

1979 - 1980

David opened up his own firm straight out of law school representing people charged with crimes. Having been a Certified Law Clerk for the Santa Monica City Attorney's Office, David had already appeared in court and had an appellate case published! During this first stint on his own, David was retained to represent over 100 Nude Sunbathers in Malibu and found himself in the middle of a media storm! During that summer, Mr. Kestenbaum tried over 50 jury trials winning all but the first few. He successfully made a Motion to Dismiss the remaining 50 cases because his clients wouldn't waive time and he was able to file a Right to Speedy Trial Motion!

Certified Law Clerk

Santa Monica City Attorney's Office

1977 - 1978

As a Certified Law Clerk, i was able to appear in Court under the supervision of a Deputy City Attorney. I was allowed to argue Motions and also had an appellate decision published!

Teaching Assistant

Southwestern University School of Law

1976 - 1978

Teaching assistant for Criminal Law Professor Barth Goldberg for 2 years. I was responsible for updating case law notebook; reviewing teaching assignments and fine tuning curriculum.

Law Clerk

Santa Monica City Attorney's Office

1976 - 1977

As a law clerk i was allowed to sit in on witness interviews, review police reports, prepare files for court and write a column in the office's newspaper.

Southwestern University School of Law

J.D. (1978) | Criminal Law

1975 - 1978

Honors: Dean's List; Graduated with Honors; Law Review; Student Council

Activities: Published Law Review article, "People v Disbrow, Halting the Erosion of the Right Against Self Incrimination"

Boston University

B.S. (1975) | Marketing; Business Management

1971 - 1975

Honors: Deans List; Graduated Cum Laude (with honors)

Activities: Student Judicial Council; WTBU disc jockey; Music reporter for school paper

Provisors

Member

2010 - Current

Activities: ProVisors is a networking group of executives and other professionals. Mr. Kestenbaum has been a member of 2 groups as well as 5 "Affinity" groups that deal with specific issues such as the new Recreational Marijuana laws. He is considered a "Trusted Advisor" meaning that people call him for help in any area; not just criminal defense. If the issue is not in his wheelhouse, David will know who to refer it to.

Califonia Attorneys For Criminal Justice

Member

1992 - Current

Activities: As a member of this criminal defense organization, Mr. Kestenbaum has made many contacts throughout the state that have helped him with cases outside of Los Angeles. He has attended MCLE programs every year in order to maintain his mastery of Criminal Defense.

National Association of Criminal Defense Lawyers (NACDL)

Member

1992 - Current

Activities: This is a National group of criminal defense attorneys. Mr. Kestenbaum has contacts throughout the United States as a result of his involvement in this wonderful organization.

San Fernando Valley Bar Association

Chair of Criminal Law Section

2014 - 2017

Activities: As Chair of the Criminal Law Section, Mr. Kestenbaum is responsible for arranging for MCLE seminars for the members. Due to his many years in the area and his relationships with many service providers, David has been able to offer these MCLE classes FREE as he gets them sponsored!

California Attorneys for Criminal Justice (CACJ)

Board of Governors

2011 - 2017

Activities: Mr. Kestenbaum has twice been elected to 3 year terms on the Board of Governors of the largest state Criminal Defense Bar Association in the country. In that role, Mr. Kestenbaum has worked with the legislative committee on proposing and opposing legislation dealing with criminal issues. He has also published a column, "Kestenbaum's Korner" in The Forum, CACJ's magazine. David has also been very active in bringing in new lawyers to enjoy the benefits of the largest criminal defense firm in California.

Q. Can a judge pull charges a out of the air and charge you with them this past Monday I went to court for a misdemeanor

February 7, 2023

A: Sorry to hear about your experience. First of all, Judges can’t “file charges” against anyone; that is done by the District Attorney.

When you are arrested, the police send their reports to the Prosecutor who can add additional charges other than the one you were arrested for based on the facts.

Your attorney should have explained this to you at your arraignment. If you had a Preliminary Hearing (Felonies) the Judge can decide what crimes charged against you should proceed to a Trial Court.

If this happened at your first court appearance then the DA added charges to your original arrest charge. If you were only arrested for a misdemeanor but the DA filed a Felony, you are lucky they didn’t raise the bail to reflect the Felony charge!

Don’t discuss the facts here; make an appointment with an experienced criminal defense attorney who can explain the process. If you can’t afford a private lawyer (Don’t waste money on the “bottom feeders” who sent you letters after they bought your info from the police) then ask for the Public Defender.

Good luck! ... Read More

Q. Does an officer have probable cause to search a parked locked vechicle that doesn't belong to the sbjct arrest in yd

June 15, 2022

A: First of all, if the subject doesn't own the vehicle then they have no "Standing" to challenge the search of the parked vehicle. Second, if the subject had been in the vehicle, they may have probable cause to search it. What was found as a result of the search? It doesn't matter who owns the car, if the cops saw the "subject" in or around the car, they can conduct a search after his detention.

If something illegal was found in the car, are they charging the "subject" with that crime? Or the owner? The owner of the car has standing to challenge the search. If nothing was found, then there is nothing to worry about!

The "subject's" attorney, who will have the police reports that will include the reasons the cops searched the car and is the only one who can give an accurate answer.

Good luck to the person arrested! ... Read More

Q. I'm in California. Detectives arrested my boyfriend for questioning and are calling to follow up with me about hit/run

May 25, 2022

A: You are under no obligation to talk to the police but you shouldn't lie to them. It is not up to you whether charges are filed against him, but up to the DA. The best course of action would be for you to talk to his attorney who can try to convince the DA not to file charges after getting a statement from you. If you went to the hospital for a broken leg, it could be Felony Hit & Run. The cause of the accident is not relevant; leaving the scene of the accident is a violation of VC 20002 or 20003!

Good luck!