Brian Joseph Prain’s Answers

Brian Joseph Prain

Livonia Criminal Defense Attorney.

Contributor Level 7
  1. Domestic Violence case against sibling, sibling doesn't want to press charges, pay to get a lawyer or no?

    Answered over 1 year ago.

    1. Brian Joseph Prain
    2. Howard M Lewis
    3. Scott Matthew Aaronson
    4. Gary Francis Kennedy II
    5. J. Matthew Catchick Jr.
    6. ···
    7 lawyer answers

    In the words of Mick Haller from The Lincoln Lawyer, "don't kid yourself. The state is not going to drop these charges. My sub-concentration is on DV cases, and you should read several of the blog articles I have that are directly on point. The bottom line: the brother is just a "witness.' He does not control whether charges are continued or not. In-fact, I'd say in about 80% of Michigan DV cases, the so-called victim doesn't want to press charges. Most calls I get are from the...

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  2. Was recently arrested for "Disorderly Intoxication" in Romulus, MI...

    Answered over 1 year ago.

    1. Scott Matthew Aaronson
    2. Brian Joseph Prain
    3. Daniel P. Hilf
    4. William A. Jones Jr.
    4 lawyer answers

    Having practiced for quite a while just a few feet away from the 34th District Court in Romulus, I know a lot about that Court. First of all, you should read Michigan's Disorderly Person statute, MCL 750.167. You can Google it, and you will see that there are several theories under which a person can be guilty of this offense. The Prosecuting Attorney (City Attorney) for the City of Romulus is Kevin Watts, a very friendly, reasonable (and busy) guy. If you present well and have a known...

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  3. How does a person get a felony if they have a pistol permit?

    Answered 7 months ago.

    1. Brian Joseph Prain
    2. David B. Carter Jr.
    3. Mani Khavajian
    4. Jared Clayton Austin
    5. Allen M. Wolf
    6. ···
    9 lawyer answers

    Here's the real deal: When they say "2 year felony," they're referring to the charge of Possession of a Firearm During the Commission or Attempted Commission of a Felony, or "Felony Firearm" for short, under MCL 750.227b. It is one of a handful of crimes where, if guilty, the Judge has NO sentencing discretion under the Michigan Sentencing Guidelines - it's a mandatory 2 years, period, plus any time for the underlying felony. The Judge cannot consider the good things about your brother if...

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  4. Should my son be worried

    Answered over 1 year ago.

    1. Brian Joseph Prain
    2. Patricia A. Reiser
    3. Joshua Duane Jones
    4. Timothy J. Klisz
    5. Frank Mascagni III
    5 lawyer answers

    1. I tell my clients not to pay the civil demand if I can get to them before they pay. It can be seen as an admission of guilt and would be used against him. Even if he doesn't pay but pleads guilty or no contest, or is found guilty after trial, the Court will order that amount as restitution anyway under MCL 780.766. 2. Yes, Meijer will likely press the prosecutor's office to charge him. They are not required to give him a ticket or anything right away. This can be done later via...

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  5. Is there any way I can get court documents of my fathers court case?

    Answered over 1 year ago.

    1. Brian Joseph Prain
    2. Katrina Ann Martin
    3. James S. Lawrence
    3 lawyer answers

    After you get the records, you should take them to an attorney who will give you a consultation. Since your father's appellate remedies are time-barred, It sounds to me like your father needs to have a Motion for Relief From Judgment filed under MCR subchapter 6.500 based on this new evidence (assuming he has not already filed an appeal, nor could he have, on these same grounds unless there was a retroactive change in the law), and he should get a professional do do it for him, as these...

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  6. I was charged with recieving and concealing stolen property under 200 (misdemeanor). i have questios as to what to expect.

    Answered over 1 year ago.

    1. Brian Joseph Prain
    2. Cy M. Abdo
    3. Kevin D. Yaldoo
    4. Frank Mascagni III
    4 lawyer answers

    Get an attorney to help calm your anxiety! The 23rd District Court (your comment says you wrote from Taylor, MI) is generally a decent Court. With the right legal representation, you will stay out of jail and receive probation - if you plead guilty or no contest, or are found guilty. But in order to really assess what is going to happen to you, you should sit down, face-to-face, with a Wayne County criminal defense attorney and discuss the facts of this case and your prior Juvenile cases....

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  7. I need to find a criminal lawyer in Flint or Flushing area to talk to about my sons case thank you Janet Robinson

    Answered over 1 year ago.

    1. Brian Joseph Prain
    2. Joshua Duane Jones
    3. Steven Arnold Heisler
    4. Kevin Longe Rush
    5. Peter John Marek
    6. ···
    6 lawyer answers

    I have 2 recommendations for you: Steven E. Shelton [(810) 750-1420] and Dennis R. Lazar [(810) 239-3165]. Dennis Lazar is a former prosecutor with decades of practice under his belt who knows the "ins" and "outs" of criminal cases throughout Genessee County like no other. Steven Shelton is a no-holds barred, fearless advocate who just doesn't give up; plus, he uses his background in theatre not only to add to his courtroom performances, but also to bring compassion and understanding into...

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  8. I recently filed a case of domestic violence against my husband.How can I get the case dropped or get least possible punishment

    Answered over 1 year ago.

    1. Neil M. Colman
    2. Brian Joseph Prain
    2 lawyer answers

    If you or your husband want to find out a ton about Domestic Violence cases, visit my website at www.michiganassaultandbatteryattorney.com (Domestic Violence is a variation of Assault and Battery). I have a ton of blog articles that address your specific questions. But here are some short answers to your questions: - The definition of assault in the standard Domestic Violence Jury Instruction (CJI, 2d 17.2a on"Domestic Assault"), as well as the case law on Domestic Violence, states that no...

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  9. Can the state keep a no contact order in effect for other reasons than my safety?

    Answered over 1 year ago.

    1. Brian Joseph Prain
    2. Cy M. Abdo
    2 lawyer answers

    Back before your boyfriend entered his plea, you likely had an identical "No Contact Order" which was a condition of his Bond under MCR 6.106. That court rule says that conditions such as that No Contact Order can be put in place whenever a Personal Recognizance Bond would not adequately ensure his reappearance in court and/or the safety of the public. After he was sentenced, the No Contact Order merged to become a condition of his Probation. So what are the limitations on what the Court...

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  10. I got a ticket for embezzlement my first ticket o due to an employee stealing a blanket when I only rung him up for 1 he took 2

    Answered over 1 year ago.

    1. Brian Joseph Prain
    2. Patricia A. Reiser
    3. Ezra N. Goldman
    4. James M. Osak
    4 lawyer answers

    Hi, 1. I am assuming that the value of the allegedly embezzled store item is $200 or less. Therefore, you're probably charged with the misdemeanor version of embezzlement, $200 or less under MCL 750.174. You should familiarize yourself with that statute, as it ultimately subjects you to up to 93 days in jail and/or a fine of $500 or 3x the value of the embezzled property, whichever is greater. 2. You have 2 basic choices: plead to something or go to trial (or try to get the case...

    3 lawyers agreed with this answer