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Brian Russell Michaels
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Brian Michaels’s Answers

2,124 total


  • Early termination of formal probation - seeking lawyer in Riverside County CA

    I have spoken with my PO as well as a legal Aid at the Public Defenders office about an early release and was given a “Fresh Start Application” for my county. My issue is this, they are stating a need to have a job offer, possibility of losing...

    Brian’s Answer

    If you are looking for ETO and its very important to you obviously you stand a better chance with counsel. If you do not owe anything to the court and your PO supports you, you have a reasonable chance. Your history also is part of the equation. Many of us on AVVO offer free consults if you need more information.

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  • Could an attorney appeal to dismiss it because of the length of time ?

    I am being accused of perjury they say occured in 10-1-2014 and the papers were filed almost a year after.

    Brian’s Answer

    They are probably within the Statute of Limitations but an attorney would need to look at all the documents in the case to determine if length of time will be an issue. There may be other defenses. Perjury is a serious charge you should have local counsel.

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  • Will his probation be violated?

    A friend of mine was put on probation last year for a DV charge. 2 days ago he was arrested for shoplifting (misdemeanor). He goes to court Monday. Will this violate his probation? This is his first/only shoplifting offence. Will he be released Mo...

    Brian’s Answer

    Any time someone is arrested for a new case while on probation it gives rise to a probation violation. It will be up to the court if there is going to be any additional penalty assessed. Typically the new case and the PV will be run together. Your friend should hire counsel now. Jail not out of the question.

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  • What should I expect? Arrested for legal carry without license on me

    I was pulled over for a busted headlight. While reaching for my registration I noticed my registered unloaded handgun In the glove compartment and informed the officer. I am a security officer and usually carry my gaurd card but this time didn't h...

    Brian’s Answer

    If you can prove you have a license and the gun was not loaded I am not seeing a violation of the law here so wondering if there might be something else going on. If the DA files a case hire a lawyer and have them bring a copy of your guard card and license to court to try to obtain a dismissal if filed. Many of us offer free consults if you need more information.

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  • How is it possible ?

    my blood result from the DUI came back at .16 and I had 6 glasses of wine between 9:30pm - 1am, but my blood was not drawn until 6am. I tried to look at it with a BAC calculator and all results i got shows under .05. Could there have been an error?

    Brian’s Answer

    Anything is possible. You would be well advised to hire an experienced DUI attorney and hire a criminal toxicologist who can help determine if there were any errors in the breath testing. BAC results are a function of many many factors. Many of us offer free consults call around if you want more information.

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  • I live out of state it has been 30 years. I have been back on track for many years since. How do I take care of this?

    I was arrested in the mid 80s. Under the influence of a controlled substance. They took pictures of my arms and set up court dates. My lawyer and I went and pled not guilty. Before the next court date I had become very ill with walking pneumonia...

    Brian’s Answer

    It would be VERY hard for the DA to prosecute this case now. The challenge will be to find the case. Once you do that should be a fairly easy matter to get the case dismissed. We have gotten dismissals on cases like these all the time. You do need a lawyer to do it esp given the age of the case.

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  • Court messed up the dates of my appearance I have multiple documentation stating the correct date but now have FTA how do I fix?

    I was issued to traffic citation in California for exhibition of speed the officer wrote my court date being 1/26/2015 however it was the end of the year in 2015 and the officer meant to write 2016. I received an FTA in the mail telling me I was ...

    Brian’s Answer

    You can either go to the Clerk's window at the courthouse where the ticket was issued and handle it as a walk in yourself or hire counsel to do it for you. If you were cited for Speed Exhibition you may be facing misdemeanor charges and would be well advised to hire counsel. Many of us on AVVO offer free consults if you are interested.

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  • What happens if report this to police? The crimes were not against me, and the victims aren't aware. Will he be charged?

    I came across my boyfriends phone and found some beyond believe stuff. Videotaping up girls skirts, he even went as far as to somehow record a public restroom. There's some of a young girl taking a shower. I dont think she even knew. He seems to...

    Brian’s Answer

    That kind of behavior definitely gives rise to criminal charges. If any of the girls were under age he could be looking at Felony charges.

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  • What is the maximum sentence he can get for that?

    My 18 year old brother was arrested for 4 charges. DUI, Driving without a license, assault with a deadly weapon and having a minor under the influence with him in the car. His friends went inside a 7 eleven, so there's video of it as evidence fo...

    Brian’s Answer

    With all due respect that is not very good advice. The DA in Los Angeles will in all likelihood make him a terrible offer on the day of arraignment that may very well, given those facts, involve a good chunk of jail. If you have the means you need to get him a lawyer. Many of us offer payment plans.

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  • Should I go to my arraignment on my own and see the deal I get and then get a private attorney if I don't like the deal?

    My friend and I got stop in front of a bar where I believed I had left my debit car. Before we had left the first time, he had flashed the gun to the bouncer for no apparent reason. I didn't know he had done that but we were both drunk, so we went...

    Brian’s Answer

    • Selected as best answer

    It wont save you any money on a private attorney, honestly, by making one appearance by yourself. You do not have enough knowledge of the law or know how to analyze a police report without the assistance of an attorney and a PD may not even give you an offer the day of arraignment anyways. A private attorney can call on your behalf, usually as a courtesy, to find out if a case has been filed and what the charges are typically before your scheduled court date. You should retain counsel as soon as you find out or determine if charges have been filed. Many of us offer free consults so call around for free consults.

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