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Brian Russell Michaels
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Brian Michaels’s Answers

1,948 total


  • Being charged with Assault and Battery in CA. Will i get arrested at my court date?

    I was mailed a court date for the charge of Assault and Battery from the DA office. When I go to court in June will I get arrested? What are my chances of getting O.R. I have a criminal record 2005 convicted of criminal mischief. 2010 convicted o...

    Brian’s Answer

    Id have to look at the citation to give you a better answer. If the DA filed misdemeanor charges you could face up to a year in Jail if only one count was charged. So yes, in theory you are of course looking at jail. If you were given a notice to appear and not a warrant, then your chances of staying out are decent. However you would not be wise walking into court unrepresented and without a bond agent on call. If the DA does not like your record they can ask for bail and a court can grant it. If you are not prepared to argue it, and get out if need be, yes you could go in. If you need more assistance many of us offer free consults.

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  • My friend has 2 strikes and was caught with a bag of meth it's his first time how much time will he get

    I think he's being chared with intent to sell and can he fight this case

    Brian’s Answer

    As the other lawyers pointed out your friend is facing a bunch of time. On someone with an extensive record it is not uncommon for the DA to file the higher sales charge in order to leverage someone for an extensive jail term. Your friend needs a lawyer now.

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  • I’m in need of legal services, but don’t really have much money to spend. Looking to barter?

    I’m in need of legal services, but don’t really have much money to spend. I was wondering if I could offer a professional artificial grass or putting green installation in exchange for legal services. It involves a criminal defense case that has b...

    Brian’s Answer

    If you are being held to answer then you are going to trial. If you cannot afford a private defense then the public defender is your best option. We are not allowed to do business here but if you call around people do offer reasonable payments plans as an option including our firm.

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  • What can i do to not get a bad punishment due to a accidental selling alcohol to a minor sting at a gas station job

    carded minor. accidentally put in wrong birthdate of minor into register touch screen. register approved purchase since accidental birthdate entered was of legal age. officers came in with a abc alcohol sting. company was working me long hours bec...

    Brian’s Answer

    Well you are not going to be able to get any breaks if you walk in there by yourself and without an attorney. If your narrative is in fact true you may have a defense, which if sold approprioately by an attorney MAY get your case dismissed or reduced to something less than a misdemeanor which is your goal. Many of us offer free consults if you need a more detailed analysis.

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  • Trying to get my record Explunge and I pulled my case up from 2009

    Found 5/27/2011 FTP Warrant BCA TYPE AUTOMATICALLY REQUESTED again on 5/31/2011 Then a Year Later 5/04/2012 - 1214.1 (A) PC Civil Assesment Added than a year later 11/01/2013 Balance forward to franchise Board debt collection unit refer debtor to...

    Brian’s Answer

    1203.4 relief will help you with your job prospects, however the lawyers correctly point out that until you clear all your warrants and get your fines paid, no relief will be possible. If it is a priority have an attorney pull or clear the warrants for you and set up a payment plan. When you handle that a 1203.4 motion can be filed. If you need a more detailed analysis many of us offer free consults.

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  • Hi, I was arrested by the Los Angeles Police on 5/14/2011- Till date No Case has been filed. Can I expunge this Case?

    Arrest Date: 05/14/2011 Arrest Charge: (F) 273.5(A) PC - Inflict Corporal Injury (Spouse/Co-Habitat) Release Date: 05/17/2011 Release Reason: Prosecutor Prefiling Deferal - No Case Filing Information Found in Los Angeles...

    Brian’s Answer

    You have nothing to expunge. You need a motion to seal and destroy arrest record. You were not convicted. Many of us do them.

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  • I total my car jan 4 2015 I was intoxicated police came to the medical unit / and made be either blow or do blood I did blood -

    I checked myself into rehab feb 11 2015 and am still here- nothing from the courts or dmv have hit, I'm wondering what to do Inorder to stay out of jail when it does hit

    Brian’s Answer

    Lots of variables here that require you speak to an attorney or attorneys to explain the facts in more detail. Good you went to rehab. Might help your case. If you caused injuries then your case is a more serious DUI. You need to interview attorneys and hire counsel asap. Many of us offer free consults.

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  • I got probation for 3yrs on a dui, its been 2years now everything paid off and done. Can i file for expongement?

    First dui

    Brian’s Answer

    Agree with Mr. Hill but it is at discretion of the Judge. Its not automatic. You would need to file a motion for early termination of probation concurrent and for that you would need an attorney familiar with these motions.

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  • What are my options to keep my driving privilege and avoid jail time?

    I was arrested last night for DUI. I was speeding and pulled over. This is my 2nd with the 1st happening in Dec 07. At the time of my first, I did not blow into the machine hard enough to record any data and subsequently was filed as "refusal to ...

    Brian’s Answer

    There are manadatory minimums on DUI penalties if you have no defense. Until a seasoned DUI attorney looks at your case, while the BAC is not great, its hard to say what your chances are of fighting the case. There are license suspensions that are involved in 2nd time DUIs that are more punitive than a first but can be minimized with good counsel. Call around for more detailed advice. Many of us give free consults.

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  • I am a female that is getting charged with a felony but I am also a victim in the case. Can I possibly do jail time ?

    I went out w my boyfriend to a bar & we had too much to drink. We started arguing & neighbors heard & one of them recorded him hitting me. Prior to this there was a court ordered restraining order for him to stay away from me due to dom vio but we...

    Brian’s Answer

    You are not a victim as it pertains to the charges relating to threatening police and that is no small matter. You will need a seasoned defense attorney to keep you out of jail. Many of us offer payment plans and it would be worth it to call around and work something out.

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