Michael Lee Becker’s Answers

Michael Lee Becker

Las Vegas DUI / DWI Attorney.

Contributor Level 9
  1. Can I fight a citation on the grounds of a mis-citing my violation?

    Answered over 5 years ago.

    1. Michael Lee Becker
    2. Howard Woodley Bailey
    2 lawyer answers

    Due process requires that you be adequately informed of the charges levied against you. To the extent that the officer described the nature of the charge, "Minor Consuming Alcohol", you will most likely be deemed to be adequately informed of the charge against you. However, judges are sometimes like teachers who mark students off for minor mistakes on their exam or homework. So there's no harm in pointing the error out to the court. Maybe the judge will be impressed enough to toss it out....

    2 lawyers agreed with this answer

  2. What are the penalties for trespass in Nevada?

    Answered over 2 years ago.

    1. Michael Lee Becker
    2. Jeannie Ni Hua
    3. Robert West
    3 lawyer answers

    The crime of trespass is a misdemeanor in Nevada. Therefore, the judge may impose penalties of up to six months in jail and/or a $1,000 fine. In practice, however, judges rarely hand down jail time for a first-offense of trespass. The prosecution may even agree to settle the case for a small fee (around $150) as long as the defendant pleads guilty or no contest to trespass and doesn't pick up any new arrests until the case is closed.

    1 lawyer agreed with this answer

  3. I violated informal probation and am wondering what may happen in court.

    Answered over 4 years ago.

    1. Michael Lee Becker
    2. Robert Lee Marshall
    2 lawyer answers

    Without commenting on your alcohol issues, and whether you do or don't need treatment, I don't think your situation is that dire. Although it is true, as the other attorney suggested, that you could receive a maximum of six months for a violation of probation, that is not likely. A "drunk in public" is a relatively minor offense. Of course I practice in Los Angeles and the San Luis Obispo court may take these things more seriously. If you end up in front of the same judge you had for the...

    2 people marked this answer as helpful

  4. Boyfriend got reinstated to finish DUI classes . But has a INS hold? Can paperwork to INS for the hold

    Answered over 5 years ago.

    1. Michael Lee Becker
    1 lawyer answer

    It really depends on why he has the immigration hold. If he is in the country legally, the DUI alone is unlikely to cause a removal (although habitual drunkeness can lead to removal). If he is released by the INS on bail, he can then resume his classes. If he is here illegally, he may want to apply for an adjustment of status, but that will depend on whether he entered the country legally and what grounds he may have for an adjustment. If he has been to prison or jail for a year or more, he...

    1 lawyer agreed with this answer

  5. What do i do if i cant afford my dui classes

    Answered over 4 years ago.

    1. Michael Lee Becker
    2. Edward Jerome Blum
    3. Robert Laurens Driessen
    3 lawyer answers

    You need to go to the court and tell the public defender your problem. He/she can inform the judge of your situation. You won't go to jail because you don't have the money to pay for the classes. You will go to jail for not going to class and not appearing in court. Ask the judge for a "fee waiver". If the classes are presented by private entities and will not waive the fees, that's a problem. The court should be patient with you but it sounds like you may already being wearing out the...

    1 person marked this answer as helpful

  6. My man is in jail for stealing it was a MISDEMEANOR he is now on hold for immigration what are his chances of getting deported?

    Answered over 4 years ago.

    1. Michael Lee Becker
    2. Joseph Briscoe Dane
    3. Theodore W. Robinson
    3 lawyer answers

    In California theft of under $400 is considered a misdemeanor. Under federal law, a criminal alien is "removable" (deportable) if they commit an aggravated felony, which is a crime punishable by a year or more in custody. To get deported for crimes of moral turpitude, as discussed in the previous answer, he would need to have two or more convictions. However, if he is undocumented, he could be deported for that reason alone. Other factors, like how long he has lived in the United States and...

    1 person marked this answer as helpful

  7. In California, is petty theft as a minor considered a misdemeanor?

    Answered over 4 years ago.

    1. Michael Lee Becker
    2. John M. Kaman
    3. Deirdre Lynn O'Connor
    3 lawyer answers

    First of all, although you may have been cited for a misdemeanor offense of petty theft as a minor in CA, you have not been convicted of any crime. If you have no previous record, it is quite possible, in fact likely, that you may be able to resolve the matter in the juvenile court without a mark on your record. It is the intent of the law in California that juvenile records be kept confidential, although colleges and universities will ask you to provide information and expect truthful and...

    1 person marked this answer as helpful

  8. How do i get my record sealed? whats the difference between sealed and expunged records?

    Answered over 4 years ago.

    1. Michael Lee Becker
    2. Howard Woodley Bailey
    2 lawyer answers

    Under the NRS 179.245 it states the following: A category C or D felony after 12 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later. This means that there is a 12 year waiting period to seal that specific record. Please keep in mind that when you decide to seal a record; all items on the SCOPE Report (police report) must be eligible to be sealed. You do not get the option to pick and choose what items you want to have sealed.

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  9. Is it illegal for children to be put on trial without an attorney on there behalf in family court ?

    Answered over 4 years ago.

    1. Michael Lee Becker
    1 lawyer answer

    I am a Criminal Defense attorney, and it appears from the facts presented that the children should have been appointed counsel at the criminal trial if their stories changed. This is because they could be prosecuted for having provided false statements to law enforcement. However, if the prosecutor represents on the record that the children will not be prosecuted, a judge may deem counsel for the children unnecessary. Regarding the Family Court, you really should speak to a family lawyer....

    1 person marked this answer as helpful

  10. Obtaining Money Under False Pretenses

    Answered almost 5 years ago.

    1. Michael Lee Becker
    1 lawyer answer

    A prosecutor is afforded wide latitude in amending or altering the charges prior to trial. That does not mean that the prosecutor can change the charge on the eve of trial, but certainly if there has not yet been a preliminary hearing, leave to amend would be permitted. Even after a preliminary hearing, as long as the defense is not prejudiced, an amendment would likely be allowed if evidence supporting the charge was presented at the preliminary hearing. That being said, although the term "...

    1 person marked this answer as helpful