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Brian Russell Michaels

Brian Michaels’s Answers

1,948 total


  • Hiring a big firm lawyer??

    I want to hire a reputable criminal lawyer. My situation is unique and my life is on the line. I looked at lawyers who specialize in my situation and they tend to be big firm lawyers. They said that my case would get their personal attention but t...

    Brian’s Answer

    You present a very general question about the nature of criminal defense work. It is actually not the norm for most of us to be working out of "big" largely civil firms. Most of us are solo or might have a few partners or associates who just do criminal work. Regardless of the nature of your legal problem you should want someone who just dies criminal law and had spent a good number of years working in trial courts. If your thinking of hiring someone who spends their time on tv there's a good chance you'll pay much more and see much less of the lawyer you hired. You want a competent proven lawyer. Period. Matters not how many lawyers are on the letterhead. Many of us offer free phone consults if you need more insights.

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  • Statute of limitation on a warrant for probation violation?

    Someone I know was sentenced to have 3 years probation starting from March of 2012-March of 2015 for probation violation from a narc. possession case back in 2011. On Sept of 2012, it was revoked. A few days ago, he was arrested in LA county bec...

    Brian’s Answer

    There's no statute of limitations on warrants they can pursue him forever.

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  • 2nd DUI arrest while on probation for 1st

    I got plead guilty to 1st duo in nov. 2013. Paid all fines completed alcohol program, as meetings. I was placed on 3 years informal probation. My first case was prosecuted by the DA in van nuys superior court. 2 weeks ago, I got arrested for dui i...

    Brian’s Answer

    As a former dui prosecutor in van nuys I can assure you the pv will be pursued by van nuys.

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  • My father in law is an Alzheimer's patient. He recently received a PC 242 citation. He cannot appear in court. Recourse?

    • He is currently in a general hospital (on 5150 hold) awaiting transfer to a geriatric psychiatric facility. • He does not remember the incident. Occurred at an assisted living facility. • My wife has POA. • Citation issued by Hemet, ...

    Brian’s Answer

    If the matter is a misdemeanor an attorney can appear for your father in law at all times. Retain a local lawyer. Many of us on AVVO offer free consults, call around.

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  • What is the procedure to get a Felony Reduction and Expungement?

    I have encouraged my friend to get his felony conviction reduced. He was young when he committed a felony which was over 25 years ago and has been a model citizen since then. His sentence was one year in jail with three years probation. With ...

    Brian’s Answer

    AGREED. More details are needed. Have him call an experienced criminal defense attorney. There are many ways to get a Felony cases minimized but an attorney would need more facts to give a better analysis. Many of us offer free consults, call around.

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  • I want to get my petty theft misdemeanor charges dropped so I can go to college and get jobs and just have a future.

    I was caught steeling $107 worth of makeup from sephora, it was a bad judgement call. I just turned 18 so they didn't call my parents. I thought I could handle the situation w/o involving them because the loss prevention guy told me that all that ...

    Brian’s Answer

    You need to hire an attorney. Theft is a serious charge for someone your age. A good attorney may be able to get the misdemeanor charges reduced. Call some of us on AVVO many of us offer free consults and payment plans.

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  • My brother went to prison in 2008 for a felony (burglary). He just got a domestic violence and child endangerment charge

    How much time is he facing?

    Brian’s Answer

    There is no way to answer that without having an attorney sit down with your brother and go over the complaint and his criminal history since all are relevant in determining his total exposure. Suggest you make an appointment and speak to an attorney about all of this. Many of us on AVVO offer free consults.

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  • Expungement, professional license

    Okay so I got a misdemeanor for burglary at walmart in 2013 in California. I got 3 year informal probation so I'm about half way done. First offense it was a non contest plea. How soon can I get off probation and get an expungement? I'm also going...

    Brian’s Answer

    If you are done with the terms of probation in theory NOW. Burglary is clearly NOT a conviction you want hanging around, and while it is true California does not have a true empungement statute, you can get the case dismissed early by having an attorney file a motion for termination of probation and expungement. We file them as one motion and are fairly routine. If you have no outstanding cases and do not owe anything to the court you have a good chance of success. Many of us offer free consults if you need more information.

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  • Wet wreck less bench warrant

    So I found out I have a bench warrant for an old wet wreck less. I was supposed to hand in a progress report. And I owe all the fines and fees. Was supposed to do some community service. If I walk into court with proof of completion will the judge...

    Brian’s Answer

    Really depends on your overall record of compliance with terms of probation. Yes in theory that could happen but if you retain an attorney and walk in with one, and have a good argument to reinstate your probation there is a good chance you will go home. Many of us offer free consults if you need more information.

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  • False Sexual Abuse Accusations

    What are my options if an acquaintance is claiming that I sexually harassed them? They are saying that they are going to file a police report and lawsuit. We know a lot of the same people and even other acquaintances have started telling me that ...

    Brian’s Answer

    Sexual assault and sexual harrasment are somewhat different legally. You would be WELL served to hire counsel now to try to make this go away. If you are concerned about a criminal case going forward get an attorney to get into the victim's ear and try to negotiate this thing away right now. Once a criminal case is filed it is much more difficult and expensive to make it go away. If you have a window to stop it now you do it. Many of us offer free consults, call around but get someone now.

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