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Brian Russell Michaels
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Brian Michaels’s Answers

1,903 total


  • Do I need an attorney

    I have an outstanding warrant from 2007. It's a FTA in Burbank for $1000. I rescue dogs. On this particular day I left a dog in my car for 20-30 mins as I ran into an electronics store. It was hot out but not that bad. Animal control said the dog ...

    Brian’s Answer

    Yes you would be well served to walk into court with a warrant no matter how old the case. Judges dont like people absenting themselves that long no matter what the charge. It would help immensely. If you need more information many of us on AVVO offer free consults.

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  • High BAC should we use a PD or private attorney? Will it help us get the charge reduced?

    My boyfriend got pulled over for tinted windows & not using a turning signal. The office smelled alcohol on his breath. He failed the field sobriety test then blew a .24. This is his 1st offense. He was arrested & released OR this morning. They no...

    Brian’s Answer

    Your attorney is going to need to find other issues besides the BAC to contest this case. It is high. I was a Prosecutor in Van Nuys for many years. Feel free to contact some of us privately to discus the details of your case. Its manageable even with a high BAC.

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  • DUI and house arrest

    I had a DUI eight years ago. I recently got a DUI and I have been told by the District's Attorney that I face jail time. I have a job and wish to continue to work and also begin attending AA meetings. Would requesting house arrest be appropriate i...

    Brian’s Answer

    Very unlikely you will get a DA to agree to house arrest. Having a 2nd does not mean you face any REAL jail time. if your case is in Los Angeles your chances of doing any real jail, with a good lawyer are not high. You may be able to get house arrest with the assistance of counsel but it is not often needed in these cases in LA. If you do not have an attorney get one, this may not be as bad as you think.

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  • Arrested on outstanding warrant. Charge 23152(b) VC. Bailed out & I have court date 4-28-15. This charge was for a DUI in 2009

    Pulled over for equip infraction on Mon 4-6-15. Background showed warrant. Court terms were completed for the 2009 conviction of 2nd 23152(a) (b). Completed Classes (DUI), AA meeting and all court fines paid. Not sure why a warrant was issued. C...

    Brian’s Answer

    An attorney can call on your behalf and speak to the DA and find out reasons for a warrant. You have cited many reasons you MAY have a warrant.

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  • Being charged with felony dui with injury. if victim is a no show IN TRIAL, will the charge be dropped? blew .06; dui probation

    Being charged with felony dui with injury. if victim is a no show in prelim, will the charge be dropped? blew .06; dui probation

    Brian’s Answer

    No. The victim does not need to show up at Prelim necessarily. A good attorney might be able to get your charges dismissed or reduced at the Prelim but don't count on a no show of the victim getting you a dismissal. The .06 is a better defense. If you do not have an attorney get one. Many of us on AVVO offer free consults, call around.

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  • I want to hire a lawyer to help me find out more about my misdemeanor case from a while back.

    How much to hire a lawyer to help me with my expungement process?

    Brian’s Answer

    As earlier said we do not quote fees here. Many of us will offer a free consult by phone to answer questions about fees and costs. Call some of us.

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  • Why am I being charged as a felony?

    I'm being charged with a felony embezzlement I stole 380.52 worth of items from my employer and I'm being charged as a felon? I was told by Loss prevention that I'm being charged as a misdemonr but cops told me I'm being charged as a felon? I got ...

    Brian’s Answer

    It is unlikely that you will be charged with a Felony. Police will often arrest you as a Felon to increase your bail but the facts suggest the DA will probably file a Misdemeanor if you are lucky. A good criminal defense attorney can assist you and many of us on AVVO offer free consults.

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  • DUI ATTORNEY? wrecked car, solo accident, fled scene, reports car stolen, gets arrested.

    Son panicked and fled the scene leaving his car in a ditch. (HAS ONE DUI OVER 3 YEARS Ago under 21) He then "called" police and reported the vehicle as stolen, not wanting to get a 2nd dui. Compounded huge mess. Got arrested. don't know if h...

    Brian’s Answer

    Not a great set of facts. Obviously your Son has issues. He is facing a 2nd DUI, Hit and Run and possibly other charges related to giving false information to a police officer. Clearly, if you can, you want to get him bailed out and he most definitely will need an attorney. These kinds of facts tend to draw jail time especially with a prior. Many of us here on AVVO offer free consults, call some of us if you need more detailed information.

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  • Does he need a Family Law/Immigration/Criminal Defense Attorney

    Father involved in domestic violence case. Currently has an Emergency Protective Order due to expire today. Wife currently on a 2 year immigration approved status. She wants out but father also needs to be protected in case more accusations arise....

    Brian’s Answer

    He needs a criminal defense attorney for sure asap as criminal cases have immigration consequences. Many of us on AVVO offer free consults. Call around.

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  • Do the airports know when someone is on probation when they scan your passport?

    my fiance and I invested in a trip to the Dominican Republic & we can't get a refund. He is on probation for a felony hit and run in California that happened 2 yrs ago. Its the only thing on his record and he's never been in trouble with the law b...

    Brian’s Answer

    The answer is yes and you can be detained and questioned so prepare for it when you leave the country.

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