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Brian Russell Michaels
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Brian Michaels’s Answers

1,978 total


  • Criminal threats

    If convicted of pc 422 is it mandatory jail time for either felony or misdemeanor,

    Brian’s Answer

    No there is mandatory minimum for this kind of charge.

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  • Do I need to request a DMV Hearing?

    I was arrested for a DUI twice in one month in 2 different counties (1st Los Angeles and 2nd in Humboldt). I appeared for my first arraignment date and there was no record of my case on file so I was given a Proof of Appearance and was told to awa...

    Brian’s Answer

    Yes. If the officer took your license or informed you that your license would be suspended you need to request a hearing within 10 days of your arrest of you will lose your license.

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  • Can I refuse the court orders? and tell the judge off?

    I was told by a cop that I didn't take the breathalyzer test I would spend less time in jail, now I have to do a 9 month program instead of three, the la county sherrifs stole my money NO LIE it isn't the first time they did that when they pulled ...

    Brian’s Answer

    That would be a big NO. Hire a new lawyer.

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  • What is the possible outcome if i am being charged with VC M23152(A), VC M23152(B), VC 12500(A), VC M23578 in Riverside county?

    I am 24 years old. I am unlicensed. I was driving under the influence (.089)

    Brian’s Answer

    Look, the courts are not a game of chance. An attorney would need to sit down and look at ALL the evidence in your case. If you were a .08 you are very close to the legal level which suggests a presumptively defendable case. You should hire an attorney with a good amount of trial experience. Many of us offer free consults, call around.

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  • How do I go to court if I missed a court appearance

    Was working out of the city and forgot my court date went to the court and tried to get a date but was told that I have to pay 2000 before I could see a judge

    Brian’s Answer

    Agreed you need to hire local counsel on this one.

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  • If two suspects commit an armed robbery and get killed by victim. Can get away driver be charged with their murder?

    Victim is shot by suspects. But victim has a gun and shoots and kills both suspects. Get away driver leaves when she hears gunshots but is later arrested. Driver admits to driving suspects around to commit robberies.

    Brian’s Answer

    Yes. Its called the Felony Murder Rule.

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  • I have a felony conviction in california penal code 245a 4 and 5 year formal probation. I am in a residential program in LA.

    My teaching credential was revoked after 15 years of experience and I lost my job due to the revocation. How can I get my formal probation terminated in 1 year. I also want to get the felony reduced to a misdemeanor and expungement as well. I am ...

    Brian’s Answer

    You would need to hire an attorney to file a motion for early termination and for expungement. Given that it i a felony this will be no small task, but in theory it is doable. Many of us on AVVO offer free consults call around.

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  • What are the problems with expunged records for a misdemeanor inl angeles. Will it be difficult to find working opportunities .

    I am wondering if anyone can help me with expunged record from ca. Is it possible to find work with the local, state or federal government? What about revoked teacher credential ctc? If the revocation was for ca penal code 245a 4.

    Brian’s Answer

    I think you need to clarify your question. An expungement in theory means you do not have to report your conviction on any job application with some exceptions. It does not get rid of your arrest record. If you have an expungeable offense you should of course do it. If you need an attorney many of us do expungements routinely.

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  • I have been charged with assault with a deadly weapon, but there is no physical proof of this happening. Can I be convicted?

    There was no weapon, no video footage, and we both have witnesses. I did not commit this crime, but the police would not take my statement, saying they "did not read me my rights.". The only "evidence" is a bouncer supporting the made up story of ...

    Brian’s Answer

    It CAN be. The testimony of one witness is more than sufficient to prove a crime occurred. Many times when you have two people with different stories this is when you have to go to trial. Police technically do not have to read you your rights unless they intend to ask you and obtain answers to questions they make after you are arrested. You would be well advised to hire an experienced trial attorney with a good PI. Many of us offer free consults if you need additional information.

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  • I was in hermosa beach CA, and got falsely accused of urinating in public when i had just arrived to meet up with my friends...

    i was walking pass the public building that had full windows, as i walked passed the windows i was checking my self out and was making sure i looked good, and the officer pulled up and sat me down, and assumed i was urinating in public when there ...

    Brian’s Answer

    Clearly law enforcement in Hermosa Beach has alot of free time on its hands. If you didn't do it, hire an attorney and go to trial. Many of us offer free consults if you need further information call around.

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