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Brian Russell Michaels
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Brian Michaels’s Answers

1,948 total


  • I have a dui and i didnt complete my classes to get my license back But i got a ticket while driving. What can i do to fix this?

    I am a veteran and i have a full time job witg waste management.

    Brian’s Answer

    If you didn't finish your classes you likely have a warrant. You will need to get an attorney and go into court and get it recalled so you can finish it and avoid being taken in on a possible warrant. You may also be facing driving on suspended license charges. Hire an attorney. If you need additional assistance many of us on AVVO offer free consults.

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  • A person set up for a drug buy by the police. He parks a vehicle that is not registered to him, walks past the meet area, no

    exchange is made. they shake him down but find nothing on him. He is in an open parking lot where anyone could be walking. They ask where his car is, he tells them he doesn't own a car, which is true. They find the key to the vehicle and use the a...

    Brian’s Answer

    Either way, the individual who was arrested has to challenge the search in court as Sales is a serious case which carries a substantial amount of jail time. They absolutely had to have some probable cause to search his vehicle and if it was without a warrant, there are grounds to attack the search. Your friend needs to hire local counsel asap. If you need additional assistance many of us on AVVO offer free consults.

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  • What happens if a person is arrested after posted bail?

    I bailed a person out of jail and a couple weeks later, the person was arrested on a different matter. Do I still need to pay the bail company?

    Brian’s Answer

    The bailee must still meet all his conditions of his previous bail agreement including making any ordered court appearances, etc. The prior bail has no impact on bail, if there is any, on his current case. He would need a new bond. If you need additional assistance many of us on AVVO offer free consults.

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  • How to avoid or reduce jail time for driving with a restricted license (vc 14601.2)

    Four years ago I recieved a DUI (23152 a and b) I never reinstated my license nor put an ignition lock in, mainly because I rarely need to drive. I did do an Alcoholics Anonymous program. A few days ago I was pulled over for talking on...

    Brian’s Answer

    That's true there are mandatory minimums on 14601 charges. There may be a way to negotiate away the charge to something lesser by showing the DA and/or the court that you remedied whatever issues there were that caused the suspension. You would be well advised to walk into court with an attorney. If you need additional assistance many of us on AVVO offer free consults.

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  • What can I do to recall my warrant if I'm out of the country? (was a F-1 VISA with DUI and immigration matters)

    So I was an international student when I had my DUI 7 years ago during my OPT. I got laid off and by law I have 60 days to pack my bags and go home before I became out of status. I couldn't finished my obligation and had to leave the US. When I wa...

    Brian’s Answer

    You indicated that you hired an attorney to deal with this. If you have an attorney why do you need to ask us? If you are not satisfied with your current lawyer call around. If you need additional assistance many of us on AVVO offer free consults.

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  • Removing Dismissed Case

    I recently became aware that a case from 2011 that was dismissed in court, shows on my record as a felony conviction. How do I go about getting it removed.

    Brian’s Answer

    We would need additional facts to be able to steer you in the right direction. If a case was dismissed you would not have a record of conviction. You MAY have a record of arrest. If those are the correct facts you would be eligible to have your arrest record sealed and destroyed depending on the facts. Recommend you call a local attorney. If you need additional assistance many of us on AVVO offer free consults.

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  • The possibility of removing a misdemeanor from my record.

    was never arrested but convicted of a misdemeanor in 2014. i completed 160 hrs community service, and currently on probation for 3 yrs. is it possible to have this charge expunged from my record....if so, do i need to wait a certain period of ti...

    Brian’s Answer

    Yes you can handle it now if you completed everything you owe to the court , money, community service, etc. You would have to file a motion of early termination of probation together with a motion to dismiss. If you have no other open cases or warrants, you may be able to get the expungement now. If you need additional assistance many of us on AVVO offer free consults.

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  • I have a bench warrant out of north San diego co failure to surrender On a driving with a suspended license What are my options?

    I have 2 prior dui's and suspended license tickets. I am aosta done with an 8 year old 18 month program to be able to get my license but the warrant will prevent me from gettin the license.

    Brian’s Answer

    You have little choice but to clear the warrant. You would be well advised to do so with an attorney who will go with you to court to make sure that you can get O.R. Then you will need to deal with underlying issued that caused the warrant. If it is an open case you will need an attorney to handle it. If you need additional assistance many of us on AVVO offer free consults.

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  • How can I get info !

    Is there any way I can search or find out if my boyfriend is being charge as an adult or juvenile ?

    Brian’s Answer

    You can call the DA's office and find out if they have a case on him. You would probably want an attorney to help you since you probably would not know where to call or what to ask.

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  • How To Dismiss Criminal Misdemeanor

    I plead No Contest to a criminal misdemeanor and was sentenced to 30 days community service and 2 years probation. I completed the community service (on time) and am almost done with my probation (without further incident). After completion of my ...

    Brian’s Answer

    There are two issues here. Your arrest record and record of conviction. Your "rap" sheet typically involves your arrest record. You would have had to have charges dismissed or not filed to get the arrest off your record. You can technically apply to have your conviction dismissed pursuant to 1203.4 now with a motion for early termination of probation. Those are your options. If you need additional assistance many of us on AVVO offer free consults.

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