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Brian Russell Michaels
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Brian Michaels’s Answers

1,948 total


  • Can charges in sex abuse case be dropped when the victim refuses to show up to court?

    my cousin has been charged with sexual abuse against a family member who was 16 at the time. The family member now has doubts about coming to court to testify. If this family member does not show up in court will the case be dismissed? There is a ...

    Brian’s Answer

    The simple answer is, it is POSSIBLE. It is not a sure thing and I always raise my eyebrows whenever a client guarantees me an alleged victim won't show up or testify. They can get the case through Prelim without the victim, but yes, would have problems at trial. These are serious charges and carry a substantial penalty so the decision to run your chances at trial should be carefully considered with retained Counsel. Many of us offer free consults if you need more information.

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  • Can you withdrawal a plea (1018) if you failed to appear for sentencing and were picked up on warrant?

    Case went to court for months, guilty plea was entered, but questions on whether the consequences were fully understood. There was restitution that had not been paid and did not appear for sentencing, was picked up some years later on a bench ...

    Brian’s Answer

    No it of course does not alleviate the FTA, so the analysis of whether to withdraw the plea should be calculated as to what the risk is of succeeding on the motion. A competent defense lawyer would want to look at the original Discovery to determine what your risks are if you succeed as that will put you in a trial mode again. For instance, if your plea involved no jail, and you gamble and lose, you could end up in jail. Many of us offer free consults if you need more information.

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  • I had a case open with criminal court and it got dismissed trouble understanding

    I found it as .. Charges ,273.5 a -charge status , penal code -plea , not guilty -disposition , dismissed or not persecuted . So what does that means and on my record it will show up always and a DV felony or not ?

    Brian’s Answer

    If your case was dismissed you would not have a record of conviction but you would have a record of arrest. Depending on how long ago the arrest was, you could qualify to have the arrest record destroyed and sealed. This means the arrest part of it would not show up on your record.

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  • Warrant in ca its been over 13 yrs. For dangerous drugs.

    i have a 13 year old warrant in ca for dangerous drugs. I currently reside in ohio. If i get pulled over will they arrest me? Will ca come for me?

    Brian’s Answer

    Yes. A warrant for a criminal case can be found at any time in any state no matter how old the case. If you concerned hire a california lawyer to deal with it before it catches up to you

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  • New Lawyer from criminal case

    I was arrested for armed robbery and my family bailed me out and they've got the wrong guy. I've told my public defender that I needed the case dismissed because they've got the wrong person, but public defender won't move to dismiss. He says I ne...

    Brian’s Answer

    Well contrary to popular belief PD's are real lawyers and some are very good. If people complain about them it is because many are overworked and don't have time for individual cases. Hiring a private lawyer is a function in paying someone to provide more individual time for your case. As with any service, if you make an agreement to pay someone, whether it is a lawyer or any other professional and do not meet your obligations, that person can terminate service. If you come to a reasonable arrangement lawyer which you can afford I doubt you will have a problem. Many of us offer payment plans and free consults and would urge you to call around until you find someone you are happy with.

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  • I was Charged With DUI in 4/2013 my Child Endangerment Charges Where Dissmised its Been two years

    Is It Possible For me to terminate Probation Early If I only have a Year Left And Only paying 863 dollars Left to pay . will the DA Re Fill My CHild Endangerment charges I had

    Brian’s Answer

    If child endangerment was filed and dismissed as part of the plea then no, they cannot be refiled. The only way you can terminate probation early is by completing all your obligations to the court, meaning you owe them nothing. If you need additional assistance many of us on AVVO offer free consults.

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  • Is this evidence tampering?

    Say a search warrant is executed and the police want certain financial papers. Upon entering the property, the police find a bunch of papers in the fireplace and they have been burned to an ash. If the police could not 100% say that those burned p...

    Brian’s Answer

    If the search warrant was looking for certain papers and authorized the police to take them and they found ashes that LOOKED like papers I see no reason they couldn't take them. But that is a far cry from getting the evidence of them admitted in court. They would have to be authenticated and if they are burnt beyond recognition it would be speculative at best to say what they were absent someone making some kind of admission. If you need additional assistance many of us on AVVO offer free consults.

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  • If the DA calls and wants you to be a stand by witness for court case and you want NO PART of it, do you have to go

    Saw someone get out of a car and fire a shot across from my home, did not see his face this person is being charged with shooting someone else and doing great harm to that person and running moments before I witnessed this. I am in fear for my fam...

    Brian’s Answer

    Yes by law u have to go. However if you fear for your life, you should hire an attorney and try to fight the subpoena.

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  • My brother was visiting his girlfriend. Her next door neighbor was verbally abusing her so my brother punched him in the face.

    They left her house and now the neighbor called the cops. The cops called her on her cell phone at which point my brother talked to the cops on the phone. They told him the guys was not pressing charges but they needed his name and date of birth. ...

    Brian’s Answer

    Of course! He would be wise to consult an attorney now. If this is an open investigation he may be contacted by law enforcement at any time, and he would need to know the right things to say, and NOT to say. If you need additional assistance many of us on AVVO offer free consults.

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  • What are the steps?

    I'm confused on the steps. I'm being charged with grand theft embezzlement and stolen personal property so far we've gone to court and the pre-trial, the judge passed it to the next judge. My PD says that the evidence they have against me is very ...

    Brian’s Answer

    If you are not getting what you need from your PD, you should consider getting another lawyer. Many PD's do not have the time for individual cases. If you need additional assistance many of us on AVVO offer free consults.

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