Eisner Gorin LLP

Friends and Colleagues (Attorneys Event):

You are invited to a COMPLEX DIVORCE SEMINAR - FAMILY, CRIMINAL, TAX, AND ASSET MANAGEMENT ISSUES scheduled for February 15 2023 at 6:30 p.m., with members of the Eastern European Bar Association.

Attorneys Dmitry Gorin and Alan Eisner (Eisner Gorin LLP) are hosting this legal seminar along with Maria Shtabskaya, Morgan Stanley 9665 Wilshire Blvd. Suite 600 Beverly Hills, CA 90212. We expect to have a large turnout. Following the presentation, we will have a mixer across the street at Ocean Prime at 7:45 pm. The following speakers have been scheduled:

https://conta.cc/3w17uLU
Complex

Our recent criminal defense wins...in many instances clients faced the risk of jail and prison, losing their license to practice/livelihood, and/or child custody in a divorce.

1. Large white collar crime, alleged 100+ million loss, pending in multiple federal jurisdictions. Firm secures the release of the main defendant in indictment after months of litigation.

2. Murder charge dropped at a preliminary hearing, following presentation of defense witnesses and mental health expert regarding client's PTSD. LAX Court

3. Mental health diversion motion results in a dismissal for a doctor facing misdemeanor s*x crime allegations and 290 registration. Orange County Court.

4. Felony domestic violence charge pending at the preliminary hearing results in an informal DA diversion settlement, leading to dismissal after completion of treatment classes. LAX Courthouse

5. Case involving illegal possession of weapons and drugs results in full dismissal due to violation of client's rights. Los Angeles Downtown Courthouse

6. Child abuse charges dropped after informal DA Diversion and completion of treatment classes. San Fernando Court.

7. Numerous felony fraud charges against a police officer were reduced to a one misdemeanor, and case later expunged. Los Angeles Downtown Court

8. S*x offenses proceed informally through an office hearing, without the filing of charges in court, for a music producer. Van Nuys Court.

9. S*x offense investigation against a professor closed without formal charges, after firm intervention and presentation of defense evidence. LAX Court

10. Embezzlement case resolved without formal charges in court, after presentation of defense evidence. Glendale Court.

11. Judicial diversion following reduction of case to a misdemeanor, following a felony car theft arrest. Our client will have a complete dismissal after completing community service. Inglewood Superior Court

12. Domestic violence charges dropped against a legal professional following a year-long investigation, where the victim worked in law enforcement. The firm's timely intervention was critical. Lancaster Court.

13. Social media personality facing domestic violence felony arrest has the case dismissed without charges in court, after presentation of defense evidence. Long Beach Court.

14. Ivy-league student facing fake ID and minor in possession allegations, following criminal citation, obtains informal pre-court program. No formal charges filed in court.

15. S*x offense charges dropped at the preliminary hearing for client after presentation of defense evidence and cross-examination. Van Nuys Courth

16. White collar professional charged with s*x offenses avoids jail and PC 290 registration. Diversion granted and the case is to be dismissed upon successful completion of classes and treatment. Mental health therapy, along with our firm's litigation efforts in the courts, led to successful outcome. Santa Clarita

Eisner Gorin recognized as a Best US Law Firm, 2024

Our firm’s goal is to continue obtaining successful outcomes in 2023, to see clients overcome their challenges, be able to support their loved ones, while maintaining their freedom. Recent 2022 outcomes included:

1. White collar professional charged with 2 s*x crime incidents, avoid jail or registration. Diversion granted, case to be dismissed upon successful completion of classes and treatment.

2. Several cases of large business malfeasance, leading to onsite injuries. Diversion granted with case to be ultimately dismissed, with no conviction, after full restitution.

3. Client released in murder case following preliminary hearing. Extensive defense evidence submitted showing provocation and heat of passion defenses.

4. 290 Removal of Registry Petitions granted in several s*x crime registration cases.

5. Numerous cases involving arrests for domestic violence and s*x crimes are dropped, before arraignment with no formal charges, following our pre-court intervention. Clean records are maintained.

6. Felony charges dropped for cases involving medical professionals. Result of the dismissals allows the doctors and therapists to keep their license to practice.

7. Clients facing felony DUI with Injury charges avoid prison. Immediate treatment, SCRAM, and a thorough defense investigation before court prove crucial to these successful outcomes.

8. Numerous cases of unlawful po*******hy possession are successfully resolved with no jail, despite the risk of years in prison in state court.

9. Mental health diversion is granted in numerous felony cases, allowing clients to have a dismissal at completion of 18-24 months of treatment.

10. Successful federal court defense for clients results in reduced sentencing outcomes.

Dmitry Gorin is again selected to the Top 100 for the Southern California Super Lawyers 2023 edition.

Eisner Gorin is now nationally recognized in white-collar and general criminal defense practice areas (with Alan Eisner Dmitry Gorin)

Courtroom Defense in Serious Criminal Cases:

In each case below, the firm's early intervention, along with a complete case investigation, and mental health treatment, helped reach successful outcomes. The clients faced potential life sentences and/or significant employment lifetime bans.

Murder Charge Dismissed, Southern California. Client was initially charged with murder with a $2m bail following a tragic traffic collision in which the passenger was killed. After extensive negotiations and defense intervention, the charges were reduced to a misdemeanor. Client continues to attend college and work full-time.

Probation in Off-Road Death Case, Central California. A successful artist, client was charged with serious felonies following a fatal collision in which she drove an off-road vehicle off a cliff. Client was also alleged to have been under the influence. After the defense investigation revealed that client was egged on by others in the group to drive the vehicle, has no criminal record of bad driving, and completed treatment/therapy, she received probation.

Mental Health Diversion, Palm Springs. Client was accused of kidnapping an acquaintance at gunpoint, among other serious felony charges. Psychological testing established that client suffered from several untreated mental health disorders. He began intensive in-patient counseling, followed by extensive outpatient therapy. The court granted mental health diversion over the objection of the prosecution whereby client can earn a complete dismissal by completing a treatment program. Client is expected to keep his insurance/broker licenses issued by state and federal authorities.

Probation, Federal Court. Client was indicted for fraud in federal court after it was discovered that he systematically underpaid on postage for shipments from his hydroponics business. He accepted responsibility at an early stage in the proceedings, but the parties strongly disputed the correct loss calculation, which would have a substantial effect on his guidelines sentencing range. After a full-day litigated sentencing hearing, the judge found the true loss to be in the middle of the parties’ respective estimates and imposed only a few months of jail time despite the government’s request for years in prison. Client is now at home with his wife, and small kids, working full-time.

No Felony Charges Filed against School Teacher, DA Special Victim Unit. Client, a long-time teacher at an elementary school, was falsely accused of s*xual impropriety by a student. Defense investigation established that the student had a well-documented history of lying about teachers and other students, and that client, by contrast, had an impeccable reputation. The prosecuting agency declined to file charges based on insufficient evidence. Client has taught over 20 years, had no prior complaints, and continues to work full-time as school teacher following the false accusation.

Terence Tekoh, a nurse assistant, alleged that an officer didn’t Mirandize him and forced him into confessing to s*xual assault, including threatening Tekoh’s family with deportation. The state tried to convict him twice, but Tekoh has never been found guilty. The U.S. Supreme Court ruled last week that Miranda rights are not constitutionally protected, so officers who disregard them cannot face civil sanctions. Justice Elena Kagan noted in the dissent that the court's ruling still allows a victim in a similar situation to suppress the improperly obtained evidence at trial - so it is still important to advise clients to assert the "right to counsel." But “sometimes, such a statement will not be suppressed," Kagan wrote. “And sometimes, as a result, a defendant will be wrongly” prosecuted, “convicted and spend years in prison,” without any redress. Supreme Court 6-3 Opinion: https://lnkd.in/gYGe--aN

The mental health diversion statute, Penal Code Section 1001.36, provides opportunities for pretrial resolution of serious cases. It is a form of pre-plea diversion, meaning the accused does not have to enter a guilty or no contest plea before being placed on diversion.

If successful in the 2-year program, the accused will qualify to have the case dismissed without a conviction. The statutory goal is to allow clients to keep a clean record while obtaining the needed psychiatric care, to prevent any recidivism.

Here are some examples of my firm's recent cases qualifying for MHD dismissal:

1. Residential Burglary:

At the Airport Courthouse, a defendant was placed on mental health diversion on the charge of residential burglary, where she entered the home of an attorney late at night and slept in a guest room bed.

2. Kidnapping

In Riverside County, a defendant charged with kidnapping an acquaintance at gunpoint was granted diversion based on evidence that he suffered a psychotic break. This case is notable not only for the very serious charges diverted but also for the mental disorder's temporary nature in question.

3. Vandalism/Fighting with Law enforcement

In the Van Nuys Courthouse, the court granted mental health diversion to a defendant charged with multiple counts of felony vandalism and resisting arrest after a psychotic break led him to cause tens of thousands of dollars in property damage to homes and vehicles in a residential neighborhood.

https://www.dailyjournal.com/articles/361821-eisner-gorin-llp
Eisner Gorin LLP, a Top 1% U.S. Law Firm, was profiled in The Daily Journal, about the firm's criminal defense services, high-profile defense success, and how it all started over 15 years ago. Our goal is to get the criminal case closed before court or, when the case is in court already, to reduce or dismiss charges based on reasonable doubt. An immediate defense investigation is important; our team uses an experienced private investigation service to find things that may have been overlooked, reinterview witnesses, and present the best possible defense to the prosecutor and judge. For our client's future - no case is too small, nor too large. We want to keep your record clean so you are able to move on with your career, business, as well as family/social life, without significant disruption. A person should be judged based on their entire life of accomplishments and character, rather than a few moments that led to the arrest and criminal investigation.

DailyJournal Longtime trial attorney Dmitry Gorin wasn't much of a public speaker during his early days at Fairfax High School in Los Angeles.

The police must often take a report without assessment of credibility or corroborating evidence, and have the right to make an arrest solely on probable case. Early intervention frequently makes the difference between keeping a clean record, even after an arrest, and litigating the formal charges in court.

1. A college student with no criminal history was accused of s*xual misconduct by a one-time paramour. Case closed after defense intervention with the Orange County DA.

2. European national accused of misconduct on a flight to Los Angeles. Arrested and cited to court. Case closed after proof of alcohol treatment, along with the presentation client's strong background to prosecutor, before the arraignment date.

3. Successful recording artist accused of s*xual misconduct by another performer. Investigation closed after defense presentation to detective and district attorney in Northern California.

4. Teacher accused and arrested for child abuse. After a defense intervention and investigation, the case rejected for prosecution. Arrest deemed a detention only, P.C. Section 849.5.

5. Medical professional stood accused of unlawful s*xual touching. After presentation of evidence to police and prosecutor, our firm secured the rejection of formal charges.