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Brian Russell Michaels
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Brian Michaels’s Answers

2,124 total


  • Petty theft citation with a prior dmv conviction no prior theft what should I expect?

    I received a petty theft citation in Los Angeles last night, after being given the citation I was escorted out of the store, and let go, not arrested my question will the date on the citation be an arraignment for the misdemeanor charge? , a...

    Brian’s Answer

    Yes it is in all probability a notice to appear on a misdemeanor petty theft case. It is not common for LAPD or LA cases to end up in arrest on Petty Theft but do not take it lightly. Theft crimes can affect future employment or schooling and you do not want this on your record. Hire an experienced local lawyer who has had success making these cases go away and they can. Many of us offer free consults call around if you want more information.

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  • Am I Serna eligible? 2009 case

    I was arrested in 2009 in LA county for receiving stolen property. It was Saturday, was told I have to wait till Monday for court. But was released on Sunday, was told I'm free to go, that there's no court, didnt sign any papers. I live on east c...

    Brian’s Answer

    You most definitely make out a very good argument for Serna based on what you describe. Of course I temper this with the proviso that court records and DA files dont always jibe with what our clients see as the salient facts. Assuming this is all accurate you should be hiring experienced counsel in our area and get after it. Many of us offer free consults if you want a more detailed analysis.

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  • Can I ask the D.A or judge for a better plea deal on this day?

    What is trial readiness conference in Riverside County Court?

    Brian’s Answer

    If you do not have a lawyer you are playing with fire. Your next major event if your trial, this event determines if all parties are ready for your jury trial. If you do not have a lawyer not is time time to get one. Many of us offer free consults, do call around.

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  • Why does my case say closed under the case status but the D.A says that i have to keep checking in with them?

    I am out on bail i have gone to court twice and have never seen a judge . The criminal desk office told me that i do not have any other court dates why is this is it really all closed out .

    Brian’s Answer

    I concur with Mr. Marshall. Hire local counsel. ASAP.

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  • How much time if any is he looking at?

    He got stopped because of a DUI he doesn't have a license or insurance he only has a driving permit. When he got stopped there was a warrant for his arrest for probation violation & fta because he has a domestic violence case open & he did not att...

    Brian’s Answer

    Well this was a popular question....My colleagues are all mostly correct.

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  • I have a pending felony commercial burglary case against me that the DA rejected 1 day before the arraingnment date for "pending

    now why do they need further investigation?

    Brian’s Answer

    If they rejected it, it meant that they want law enforcement to present a BETTER case. Its not that the case is gone. It may also mean having further contact with you. You would be well advised to have counsel now. Clearly the DA is looking to make a more proveable case. You have a window to have an attorney working with law enforcement to make it go away if at all possible without it going back to the DA at all.

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  • How can the law help him lower his sentance?

    My daughter inlaw put makeup on to make he r husband look guilty of giving her a black eye. Now he is in jail because he had a prior charge unrelated to domestic violence.

    Brian’s Answer

    The best thing he can do is hire local counsel who can take statements from her in an attempt to get the charges dismissed or reduced. We are local and there are several other lawyers in the area who could also offer a consult.

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  • What it the process to terminate probation early, as well as how long does the process take to not show on record

    I got a misdemeanor in 3/2014 for burglary in CA , I plead no contest. I was given 3 years informal probation, 30 days of community labor and fines. I am trying to get released from probation early and hopefully try to get the record expunged. I a...

    Brian’s Answer

    Since this is a discretionary motion which a court can grant or deny there is no guarantee. It all depends on many factors, such as any prior criminal history, if any, your performance on probation and your individual judge. If you have completed all the terms of your probation you can pursue it right now and get it to court as quickly as you hire counsel and put together a good petition. If you are motivated to get it done quickly hire counsel and there is no reason it can't be done in a couple weeks depending on how busy your court is, call around for more information if you need it many of us offer free consults.

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  • Is this something I can handle on my own? I need to get this warrant resolved asap as it will affect my job. Is 3k reasonable?

    Hi- I have three traffic tickets from 2013 which I appeared in court for and was assigned community service for. All of the tickets have gone to collections with GC services and the DMV suspended my license (which I didnt know until today). I was ...

    Brian’s Answer

    Well if you do not like the fee call around and get other quotes, if the fee also includes making appearances on all your traffic matters it is not an unreasonable quote. People with multiple traffic warrants and fta's require a lot of court appearances are time consuming etc and lawyers charge for their time. On misdemeanor cases of any kind with warrants we charge around 2500 so this is in the ballpark. You can always call other attorneys and see about pay,net plans.

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