Skip to main content
Brian Russell Michaels
Avvo
Pro

Brian Michaels’s Answers

1,975 total


  • My father in law is an Alzheimer's patient. He recently received a PC 242 citation. He cannot appear in court. Recourse?

    • He is currently in a general hospital (on 5150 hold) awaiting transfer to a geriatric psychiatric facility. • He does not remember the incident. Occurred at an assisted living facility. • My wife has POA. • Citation issued by Hemet, ...

    Brian’s Answer

    If the matter is a misdemeanor an attorney can appear for your father in law at all times. Retain a local lawyer. Many of us on AVVO offer free consults, call around.

    See question 
  • What is the procedure to get a Felony Reduction and Expungement?

    I have encouraged my friend to get his felony conviction reduced. He was young when he committed a felony which was over 25 years ago and has been a model citizen since then. His sentence was one year in jail with three years probation. With ...

    Brian’s Answer

    AGREED. More details are needed. Have him call an experienced criminal defense attorney. There are many ways to get a Felony cases minimized but an attorney would need more facts to give a better analysis. Many of us offer free consults, call around.

    See question 
  • I want to get my petty theft misdemeanor charges dropped so I can go to college and get jobs and just have a future.

    I was caught steeling $107 worth of makeup from sephora, it was a bad judgement call. I just turned 18 so they didn't call my parents. I thought I could handle the situation w/o involving them because the loss prevention guy told me that all that ...

    Brian’s Answer

    You need to hire an attorney. Theft is a serious charge for someone your age. A good attorney may be able to get the misdemeanor charges reduced. Call some of us on AVVO many of us offer free consults and payment plans.

    See question 
  • My brother went to prison in 2008 for a felony (burglary). He just got a domestic violence and child endangerment charge

    How much time is he facing?

    Brian’s Answer

    There is no way to answer that without having an attorney sit down with your brother and go over the complaint and his criminal history since all are relevant in determining his total exposure. Suggest you make an appointment and speak to an attorney about all of this. Many of us on AVVO offer free consults.

    See question 
  • Expungement, professional license

    Okay so I got a misdemeanor for burglary at walmart in 2013 in California. I got 3 year informal probation so I'm about half way done. First offense it was a non contest plea. How soon can I get off probation and get an expungement? I'm also going...

    Brian’s Answer

    If you are done with the terms of probation in theory NOW. Burglary is clearly NOT a conviction you want hanging around, and while it is true California does not have a true empungement statute, you can get the case dismissed early by having an attorney file a motion for termination of probation and expungement. We file them as one motion and are fairly routine. If you have no outstanding cases and do not owe anything to the court you have a good chance of success. Many of us offer free consults if you need more information.

    See question 
  • Wet wreck less bench warrant

    So I found out I have a bench warrant for an old wet wreck less. I was supposed to hand in a progress report. And I owe all the fines and fees. Was supposed to do some community service. If I walk into court with proof of completion will the judge...

    Brian’s Answer

    Really depends on your overall record of compliance with terms of probation. Yes in theory that could happen but if you retain an attorney and walk in with one, and have a good argument to reinstate your probation there is a good chance you will go home. Many of us offer free consults if you need more information.

    See question 
  • False Sexual Abuse Accusations

    What are my options if an acquaintance is claiming that I sexually harassed them? They are saying that they are going to file a police report and lawsuit. We know a lot of the same people and even other acquaintances have started telling me that ...

    Brian’s Answer

    Sexual assault and sexual harrasment are somewhat different legally. You would be WELL served to hire counsel now to try to make this go away. If you are concerned about a criminal case going forward get an attorney to get into the victim's ear and try to negotiate this thing away right now. Once a criminal case is filed it is much more difficult and expensive to make it go away. If you have a window to stop it now you do it. Many of us offer free consults, call around but get someone now.

    See question 
  • Can charges in sex abuse case be dropped when the victim refuses to show up to court?

    my cousin has been charged with sexual abuse against a family member who was 16 at the time. The family member now has doubts about coming to court to testify. If this family member does not show up in court will the case be dismissed? There is a ...

    Brian’s Answer

    The simple answer is, it is POSSIBLE. It is not a sure thing and I always raise my eyebrows whenever a client guarantees me an alleged victim won't show up or testify. They can get the case through Prelim without the victim, but yes, would have problems at trial. These are serious charges and carry a substantial penalty so the decision to run your chances at trial should be carefully considered with retained Counsel. Many of us offer free consults if you need more information.

    See question 
  • Can you withdrawal a plea (1018) if you failed to appear for sentencing and were picked up on warrant?

    Case went to court for months, guilty plea was entered, but questions on whether the consequences were fully understood. There was restitution that had not been paid and did not appear for sentencing, was picked up some years later on a bench ...

    Brian’s Answer

    No it of course does not alleviate the FTA, so the analysis of whether to withdraw the plea should be calculated as to what the risk is of succeeding on the motion. A competent defense lawyer would want to look at the original Discovery to determine what your risks are if you succeed as that will put you in a trial mode again. For instance, if your plea involved no jail, and you gamble and lose, you could end up in jail. Many of us offer free consults if you need more information.

    See question 
  • I had a case open with criminal court and it got dismissed trouble understanding

    I found it as .. Charges ,273.5 a -charge status , penal code -plea , not guilty -disposition , dismissed or not persecuted . So what does that means and on my record it will show up always and a DV felony or not ?

    Brian’s Answer

    If your case was dismissed you would not have a record of conviction but you would have a record of arrest. Depending on how long ago the arrest was, you could qualify to have the arrest record destroyed and sealed. This means the arrest part of it would not show up on your record.

    See question