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Brian Joseph Prain

Brian Prain’s Answers

68 total


  • I am being charged with indecent/obscene behavior but it wasn't me, do I need a lawyer?

    I have a younger cousin that I feel is responsible for it. I had a charge for producing false information to an officer that was dismissed. I am now waiting trial for this matter.

    Brian’s Answer

    Yes, absolutely. Any person accused of a crime, especially in the Detroit area, needs the best Criminal Defense Attorney they can find. The fact that you may be going to trial magnifies this need greatly.

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  • I'm 17 I got caught shoplifting and got to get my fingerprints , Photo and go to court is there anyway I can stop this

    I don't won't a criminal record I wish I could just pay the amount back to the shops is this possible

    Brian’s Answer

    I agree with these other lawyers. Short of a trial, Holmes Youthful Trainee Act, MCL 762.11 is your most likely ticket out of having an adjudication of guilt and a permanent record of conviction.

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  • I received a letter from Livonia police saying retail fraud and to call to make a appointment what's going to happen when I call

    The letter says a criminal complaint has been made and I am a suspect for retail fraud and that I need to call this officer within seven days to make an appointment and if I dont I warrant might be requested for my arrest I was never arrested why ...

    Brian’s Answer

    Do NOT NOT NOT make that appointment or speak to the Police in any way, shape or form. Under the Michigan Rules of Evidence, what you say to Police can only hurt you and absolutely CANNOT help you. If you say something helpful to you that you want to use, it's called "hearsay" in court. If you say something incriminating, it's an exception and can be heard even if you do not testify. Do NOT give the Police the evidence they need to let the Prosecutor convict you. The only reason they're asking you to do an interview is because they likely don't have enough evidence against you already. Get an outstanding Criminal Defense Attorney immediately.

    - Brian J. Prain, Livonia Criminal Defense Attorney

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  • What does letter: Re SIR on the ROA mean?

    This person is awaiting sentencing and the ROA changed and says Letter:Re SIR on it whay does that mean?

    Brian’s Answer

    "SIR" stands for "Sentencing Information Report," which is a portion of the Presentence Investigation Report (PSI) that is completed by the Michigan Department of Corrections. Because you reference a "letter," I'm assuming it has something to do with a character letter received on behalf of the Defendant intended for the Judge to consider at sentencing.

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  • Is it possible to get a delay with a dismissal or another diversionary outcome if someone is sent to prison?

    I have been doing a lot of internet research. My 16 year old niece has been arrested and they are charging her as an adult. I have been keeping in contact with the parents and they said that the prosecutor is going to try and send her to prison. ...

    Brian’s Answer

    Yes, she can get HYTA and go to Prison. But crimes that would send a 17 year old to prison may not be HYTA eligible. What is she charged with?

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  • My son was arrested for domestic violence. The neighbors heard arguing when he took the car keysaway from his drunk rooI do not

    My sons room mate and her friends called him for a ride from a bar. They were too drunk to drive. On the way home her friends were destroying the back seat of his new car. He ask them to stop. When they didn't he stopped the car ask them to get ou...

    Brian’s Answer

    Get a criminal defense lawyer who is a trial lawyer. If the prosecution refuses to dismiss this charge (and believe me, based on the procedures outlined in their PAAM Domestic Violence Trial Manual, they will pursue even a weak case like this), then this may be a case that should go to trial. If what you are saying is the whole case, this is ridiculous. I focus on nothing but defending those accused of Assaultive and Domestic Violence crimes, and I can say from experience that, based on what you have told me, avoiding a conviction may require a trial, but it is beginning to sound like his chances at trial may be good. I don't take anything for granted, though, and apparently she has accused him of doing something that would meet the definition of an assault or an assault and battery (DV is simply an assault or assault and battery in a domestic context, such as with partners or roommates). - Brian J. Prain

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  • I was wondering what I could be charged with.

    I turn 21 in four months. I went to court for a MIP & they say I was " drunk in public." I plead not guilty..The only time I was outside is when the cop told me to step out on the deck. I blew .13 ! I had strep throat at the time so I was on an an...

    Brian’s Answer

    The "drunk in public" law is actually part of the Disorderly Person law, MCL 750.170. It does require you to be in a public place. Seems the more likely charge is MIP, but then I would raise the issues of whether or not they hand reasonable suspicion to tell you to take a PBT, as well as the accuracy of the results. However, keep in mind it is "possession" that is at issue, not BAC. Your own statements can be evidence of mere "possession." Under a new case that was deeded a couple years ago, the Officer is not allowed to create a subjective belief in your mind that you must take the PBT. You are eligible for two different deferrals: the MIP deferral under MCL 436.1703, and the Holmes Youthful Trainee Act ("HYTA") under MCL 762.11. They both allow you to avoid having a permanent public conviction.

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  • Bench trial No lawyer pled not guilty 3rd degree retail fraud returned stolen item for someone . Can you give me advice?

    I returned item to the store without knowledge the item had been stolen. Investigation took place I was arrested and bailed myself out now I have to go to court.

    Brian’s Answer

    I agree with Timothy exactly. Unless you are a lawyer with trial experience, you're going to go up against a skilled prosecutor and highly risk conviction. Then, the overall cost to you will be far higher than the cost of an attorney. Get a criminal defense attorney, even if it means you have to borrow or take out a loan -seriously. Just my $.02.

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  • Is a $100 cash/surety bail normal for a misdemeanor?

    I have an arraignment coming up for failure to stop at an accident. I received a letter than a warrant had been issued for my arrest. I turned myself in and paid the $100 bail within two days of receiving the notice. I was also issued a ticket at ...

    Brian’s Answer

    Yes, 100% normal. One of the factors they consider is whether you are a flight risk. If you fail to stop at an accident, the Judge or Magistrate could consider that as evidence of a flight risk.

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  • If you get out on bond, what happens if you dont appear in court? csc charge

    If you have a 50,000 bond and get out on a 5,000 bond for a 3rd degree csc charge what happens when you miss court? How can someone violate a no contact order?

    Brian’s Answer

    You always have a Constitutional and statutory right to bail on a Third Degree Criminal Sexual Conduct case, unless it involves a "violent act" AND you within the 15 years prior to this alleged offense, you have been convicted of 2 or more violent felonies or are on probation/parole for a violent felony. Even if you violate your bond by failing to appear or violating no contact, a new money bail amount will be set, but it will be much higher. A Warrant for your arrest will be issued and any amount posted is subject to forfeiture. You'll be stuck in Jail until the new, higher bond amount is paid. Also, some Judge's treat a violation of these conditions as a Contempt of Court, for which you can be jailed up to 93 days regardless of whether you post the new, higher bail amount. Get a criminal defense lawyer who is educated in this area of the law to take on your case.

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