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Brian Russell Michaels
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Brian Michaels’s Answers

1,985 total


  • 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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  • Riverside Court. How will solicitation of prostitution affect my life?? I recently got a misdemeanor for thiis?

    I recently graduated from school and scared how this will affect me in applying for jobs. I am real scared for my future. This is my first and last time to ever do such a thing. I have a clean record but if this goes on my record I dont know what ...

    Brian’s Answer

    Well obviously the most important thing you can do now is make sure you have an attorney. Of course this is not the kind of thing that will bode well for your future so if you can minimize the effect of a possible conviction to something that does not look as bad, you want to try to do that. In many cases with solicitation cases you have a good chance to prevail at trial with an attorney that knows how to defense these kinds of cases. If you need further information most of us on AVVO offer free consults. Call around.

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  • I live in las vegas now and i was wondering how do i expunge my record in california? What do i do?

    I have a misdemeanor in petty theft in riverside county, CA. In which, it has stopped me from getting apartment and jobs..... I have successfully completed my probation and paid all fines. I don't have money to pay for a lawyer..... what should i do?

    Brian’s Answer

    You may be able to find self help by checking on the Riverside County Court website.

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  • Do I have a criminal or arrest record?

    Early last year I was stopped at a retailer for shoplifting. It was dumb, and completely out of character for me, but I digress. I was mirandarized by a riverside county police officer, but I was never taken in to a station, or booked/processed. H...

    Brian’s Answer

    As the other attorneys indicated you no longer have to report a conviction the case was dismissed. I am not so sure that I agree with the other attorneys here that indicate your record will show an arrest. Since you were cited out and presumably not booked an arrest may not show up and ergo, you will not have an arrest record. Typically if you do not give fingerprints at any time then there should be no record of actual arrest. The issue is did you ever get booked? If no, then there should be no record of arrest. I concur that the only way to find out is to have a background check of your own done on yourself to see what shows.

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  • I have a warrant can i get arrested when I see the judge?

    criminal misdeamenor, 3 years ago, jail 60 days..done 17 days in county jail, release to do work release, have a child diagnosed with cancer have paperwork, informal probation warrant turn because I didn't do my work release

    Brian’s Answer

    Technically yes but with a verified excuse like that and a good attorney you may be able to walk on the violation

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  • Need to erase felony record

    had dui with speeding over 130mph. I have heard that i can erase this record since its my first. please let me know what I need to do.

    Brian’s Answer

    There is no such thing as erasing a record. If you plead to DUI you may be able to reduce it to a misdemeanor and expunge the case which allows you to not report the conviction in most situations. If this is something you want to do many of us offer free consults.

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