Brian Russell Michaels’s Answers

Brian Russell Michaels

Los Angeles Criminal Defense Attorney.

Contributor Level 16
  1. Can a warrant be issued for my arrest if the DA refiles after we won the motion to suppress?

    Answered about 1 year ago.

    1. Brian Russell Michaels
    2. Anthony Michael Solis
    3. Mark Lawrence Deniz
    3 lawyer answers

    Your question contains far too facts to be able to give a precise answer. A district attorney MAY be able to refile charges after a motion to suppress but that is a fact based determination based on the facts of your individual case. Yes, if there is a refiling a warrant can issue and your attorney should be standing by with a bondsman ready to bail you out and arrange bail should that occur. If you are having problems with communication with your attorney than perhaps you should consider new...

    8 lawyers agreed with this answer

  2. Got a 2nd dui, when do you go to jail?

    Answered over 1 year ago.

    1. Philip Daniel Hache
    2. Brian Russell Michaels
    3. Michael Kevin Cernyar
    4. Edgar J. Reynoso
    5. Stephen Troy Allen
    5 lawyer answers

    You're getting way ahead of yourself here. What happened to mounting a vigorous defense to prevent that 2nd DUI!? No you don't go straight to jail, even if you plead on day 1, something you should hardly ever do. Talk to some lawyers before talking yourself into jail. Brian Michaels Los Angeles Criminal Defense Lawyer www.socalcrimdefense.com 3109919179

    8 lawyers agreed with this answer

  3. Criminal defense question - what are some possible results and I need a good lawyer

    Answered over 1 year ago.

    1. Neil James Fraser
    2. Brian Russell Michaels
    3. William A. Jones Jr.
    4. Karren Melinda Kenney
    5. Seth Andrew Weinstein
    6. ···
    7 lawyer answers

    There is just no way to accurately answer this without a full file review. Id want to look at the complaint and Discovery as well as your prior criminal history which does factor into what could happen to you if you go to trial and do not prevail. I would highly recommend settling on an attorney before your Prelim. This is an important phase of the litigation and if there is an offer on the table, it may go away after your Prelim and you want counsel to have as much time to work out a...

    7 lawyers agreed with this answer

    2 people marked this answer as helpful

  4. Is likely that I will be found guilty of ADW Cal PC 245a1?

    Answered over 1 year ago.

    1. Chris J Feasel
    2. John M. Kaman
    3. Brian Russell Michaels
    4. David B Pittman
    4 lawyer answers

    You are putting the cart before the horse. No one here is going to be able to speak about your guilt or innocence or chances of success at trial without sitting down with you and the records of your case and provide an informed opinion as to what you should do with your case. Every case is far dependent. Many of us offer free consults so if you want us to take a look and give you a more informed opinion call any time. Brian Michaels www.socalcrimdefense.com 3109919179

    8 lawyers agreed with this answer

  5. How important is a DUI Lawyer?

    Answered over 2 years ago.

    1. Andrew Stephen Roberts
    2. Mitchell Scott Sexner
    3. Ted Harvatin
    4. Michael Charles Doland
    5. Brian Russell Michaels
    6. ···
    6 lawyer answers

    Absolutely critical. You will have no way of knowing whether you have a beatable case. My office is very aggressive and reasonable in taking cases that have a defense to trial. A DUI stays with you for 10 years. If you miss an opportunity to beat it or reduce it, if the $ is the issue consider the cost of 10 years of insurance premiums doubled. Also the PD can do nothing for you on the DMV hearing. You do that on your own, you lose. Call around. We give a free consult. You might be...

    8 lawyers agreed with this answer

  6. It is possible to get a felony drop to a misdemeanor?

    Answered 10 months ago.

    1. Brian Russell Michaels
    2. Steven Parnell Weaver
    3. Sholeh Iravantchi
    4. David Thomas Reagan
    4 lawyer answers

    That depends on what charge your friend was convicted of that lead to the Probation. Many charges can be reduced to a misdemeanor. Best to have him call some lawyers to see if its doable. We do a free consult so if your friend wants to call we may be able to help. Brian Michaels Los Angeles Criminal Defense Attorney www.socalcrimdefense.com 3109919179

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. While returning to U.S from Europe, can someone be arrested at LAX because of a DUI related bench warrant issued in California?

    Answered over 1 year ago.

    1. Brian Russell Michaels
    2. George B. O'Neill
    3. Michael Korry Bialys
    4. Neil James Fraser
    5. Arthur J. Jones
    6. ···
    6 lawyer answers

    Since she will be coming back on an international flight, the answer is very possibly yes. If she can hire counsel to try to get the warrant recalled before she comes back you should definitely give it a try. A judge does not have to recall the warrant without her being present, but with some creative lawyering, especially a family emergency in a foreign country, we might be able to get it recalled before she comes back. We have gotten warrants recalled without the defendant being present all...

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  8. My (idiot) son was caught stealing at Walmart. It was worth $40 and he has been charged with commercial burglary.

    Answered 3 months ago.

    1. Matthew Murillo
    2. Brian Russell Michaels
    3. Douglas Holbrook
    4. David Allen Brooks
    5. Brian K Wanerman
    6. ···
    7 lawyer answers

    Because it's San Bernardino. It's likely charges have not been filed and law enforcement will most always arrest someone on a higher charge to make the bail higher. Its fairly common. He may very well ultimately be charged with just Petty Theft but it's a wait and see game. The D.A makes that call. You *diot son might be well served to get counsel before charges are filed to see if a settlement can be reached. Many of us on AVVO offer free consults. Call around.

    7 lawyers agreed with this answer

  9. What is the maximum time that the judge can grant me to obtain a criminal lawyer for my case?

    Answered 5 months ago.

    1. Brian Russell Michaels
    2. William Andrew Parry
    3. Dan Eugene Chambers
    4. David Mark Wallin
    5. Michael Kevin Cernyar
    6. ···
    7 lawyer answers

    There is no set answer to this question. It is within the discretion of the individual Judge. 30 days is typically not too long for a Judge to give you to retain counsel.

    7 lawyers agreed with this answer

  10. Recently Arrested for Prostitution

    Answered 7 months ago.

    1. Brian Russell Michaels
    2. David Mark Wallin
    3. Dan Eugene Chambers
    4. Robert Jason De Groot
    5. Katherine Elizabeth Hardie
    5 lawyer answers

    Well for starters I am sorry this happened to you. Obviously you should not speak to the police at all for any reason. Your rights need only be read once you are formally under arrest and police ask investigative questions. From what you described that did not happen. An attorney will need more facts to determine what if any defenses you may have to this case. They are often defensible cases depending on the conduct and the words that are used. If you can obtain private counsel you would be...

    7 lawyers agreed with this answer

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