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Brian Russell Michaels
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Brian Michaels’s Answers

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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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  • How can a lawyer help me with a bench warrant?

    I have a warrant for what I believe it is a Failure to appear. I need help with going to court and stopping the warrant if possible. How much will it cost me and in how long can I drive again?

    Brian’s Answer

    All depends on what the FTA was for. If it was for a traffic offense it is fairly easy to do. Just call around.

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  • Can/Should you apply to grad school if you just got arrested but charges are pending?

    My friend got arrested for shoplifting and was going to apply to grad school next month. This just happened. Right now he has a court date. He doesn't know how to answer the criminal background question, since they ask for convictions for misdemea...

    Brian’s Answer

    Since your friend is not a client of any of us we cannot give direct advice as to how to handle this dilemna. If the person was arrested there is not much one can do about that unless the criminal case is dismissed. It is NOT a good idea to lie on any application. The most important thing your friend can do is hire an attorney who can get a result that does not involve pleading guilty to a theft crime and there are ways to do this. Many of us offer free phone consults have your friend call some of us.

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  • What is the avg time to expunge a record?

    After completing 3 years of summary probation, for a misdemeanor I want to file for expungement. What is the process and what's the average time?

    Brian’s Answer

    If you have completed probation you can file for it right away. As for the amount of time it takes for a decision that all depends on which courthouse the case was in as to how long it will take to get a ruling. If you hire an attorney your petition can be moved through the court expeditiously.

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  • My girlfriend was arrested for a domestic violence charge its her first offence what is she facing ?

    Should i bail her out ? She was arrested thursday she has court on monday what should i do will she serve more time in jail

    Brian’s Answer

    Domestic Violence charges are typically governed my the severity of the injury and criminal history. Most DV cases in Los Angeles ultimately are filed as misdemeanors even though most are booked at the higher felony bail levels. What her penalty will be is going to be based on the evidence and if the case has triable facts. Mandatory minimum penalties for DV in California include a 1 year class and fine and restraining order if convicted. Jail is not mandatory but can be given. If you have any additional questions many of us offer free consults. Call around if you need more information.

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  • Witnessed police response to a criminal threats call regarding a mentally disabled male threaten an intoxicated female

    Male screamed at female that he was going to kill her over and over stalked her a city block, physically charging after her. Police response was to threaten the woman with arrest and imprisonment until sober, and allowed the man to drive away wit...

    Brian’s Answer

    Is there a question here or just simply an opinion? This site is for questions.

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  • I need a good criminal lawyer who has experience with false DV accusations leading to charges. Must be able to win in Pomona.

    READ MY Q: FALSELY ACCUSED OF DV BY ABUSER. He has two "witnesses"(accomplices&co-conspirators!),his new girlfriend he lived with & her friend. I have EVIDENCE to prove several lies and many crimes(felonies) committed by them. i have viable, supp...

    Brian’s Answer

    The advice you are getting from your new PD may not be bad advice. Pomona is a very very unfriendly court for criminal defendants. One of the worst. The juries are bad and the judges are generally tough so you best be sure your evidence is solid if you are going to risk a trial in that part of the world. If you feel that strongly then what you will need to win a trial is a proven trial attorney and a good investigator to explore your defenses. All of this, though, costs money. Good luck.

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  • How long does the state have to file formal charges against me for a misdemeanor DUI before I can seek dismissal?

    I was arrested May22nd for a DUI, my citation had a court date for July 20th. I hired a lawyer to represent me, had an approved waiver so that he would go in my place, it is now July 21st and I was informed the day of that no charges have been fil...

    Brian’s Answer

    I agree with Ms. Simmons and am baffled that if you have a hired attorney that he or she did not explain this to you in detail. It is COMMON for cases not to be ready for hearing the day your arraignment was set. So again it means nothing. Your attorney should have asked the DA if the case was simply not ready for filing or rejected. If it was rejected you are likely out of the woods. My educated guess is that it was not rejected and you should be talking to your retained lawyer to find out instead of having to ask us.

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