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Brian Russell Michaels
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Brian Michaels’s Answers

1,903 total


  • Whats the limit of time in a domestic violence case??

    i was arrainged in court on feb 12 for domestic violence misdemeanor charges, i was in court on feb 25, and then i have another one called violation of probation hearing on march 12...is this the last court appearence according to the 30 day limit...

    Brian’s Answer

    There is no such thing as a 30 day time limit unless you are talking about the amount of time the DA initially has to bring you to trial if you were in custody. So within 30 days, unless you waive time, the DA has to try you. That rule does not apply to a probation violation. If you need a more thorough analysis many of us on AVVO offer free consults.

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  • MY HUSBAND WAS ARRESTED YESTERDAY 3/5/2015 ON A BURGLARY CHARGE AND SUPPOSABLY HE HAD A WARRANT FOR HIS ARREST

    HE NEVER APPEARED IN COURT REGARDING A BURGLARY CASE OR GOT A TICKET ON ANYTHING ELSE HIS RECORD IS CLEAN. THE POLICE CAME AND SAID HE HAS A WARRANT FOR HIS ARREST FOR NOT SHOWING UP TO COURT THATS WHY THEY WERE ARRESTING HIM. WHAT CAN WE DO ABOUT...

    Brian’s Answer

    He absolutely needs an attorney as soon as possible and if he is in custody he will see the Judge within the next two days. If it's his case, then he will probably be appointed a PD and bail will be argued. If it's not him, then he will still need an attorney to clear his name. Many of us on AVVO offer free consults if you need assistance.

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  • Hi i am charve with 2charges . They are grandtheft and forgering.... for grandtheft is for driving my own car .when it was mine

    They took me in because my car was reported stolen so thats why they locked me up because to them i was driving a stolen car. And now i have 2 bench warrants cause i didnt go to court. And the forgering is for doing paper wrk in dmv about my car a...

    Brian’s Answer

    Not really seeing a question here. Sounds like you have some issues and best thing you can do is consult private attorneys in detail. Many of us offer free consults. Call around,.

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  • Do you have a right to a copy of police report if you are the one charged and currently do not have an attorney??

    Do you have a right to obtain a copy of the police report if you are the one charged and currently do not have an attorney?? Why or why not?? What is the procedure??

    Brian’s Answer

    You can subpoena the report. If you do have charges pending the DA will have an obligation to turn the report over at the initial court date or arraignment. If you do not have an attorney you should get one if you have a pending arraignment. Many of us offer free consults if you want a more detailed analysis.

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  • I just received my police report and noticed that the police that took the report said things i didn't say what can I do ?

    Some of it true and some is not! The police report says that he hit me numerous times with a tv tray when it was once and says I said he threaten to kill me 40 times which he didn't !This is on a domestic violence matter against my husband which ...

    Brian’s Answer

    It is unfortunately more common than that the police officers get it wrong in police reports. Unfortunately as the victim you do not have much sway as to whether the case now goes forward. Most DA's take the position that they do not care what your desires are now. Once someone is charged with this they need to defend against it. Felonies are serious and carry prison time. Your husband needs an experienced attorney.

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  • 2nd warrant on a felony possession case in 2013 for not complying with drug diversion. I want prop 47 applied what should I do?

    I want to handle the warrant and put myself on calender to see the judge and my case to be reevaluated because of prop 47 which would drop my felony possession to a misdemeanor altering the sentence. ..i need advice on how to do this step by step ...

    Brian’s Answer

    If you qualify economically for a PD you will be assigned one. In any event you should not try to do this yourself. Whether you hire private counsel or go with a PD, go with an attorney. If you want more information from private attorneys many of us offer free consults call around.

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  • My friend was arrested for failure to appear on 2 felony counts one was for 3 cigarettes dipped with PCP

    Other count was he had meth pipe filled with meth. he does have a record in the past for other stuff. he was on the run for 5 months untill he was arrested my question is will he get off with probation or jail time? hes in jail his court date is f...

    Brian’s Answer

    That would require a full evaluation of his case and not something that can be addressed in a paragraph. If he has felonies and warrants that is not usually a great scenario for no jail but that is why you get a criminal defense attorney. Many of us on Avvo offer free consults call around.

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  • Grand theft first offense. Totaling over 50k?

    I have a paid attorney who has done absolutely nothing but wasted time. This would be my first offense there are asking me to pay back half of total restitution and my attorney is advising me my best decision would be to take ab109 on the plea. Th...

    Brian’s Answer

    Hiring and firing an attorney is about what makes the client comfortable. If you fire your attorney there is no guarantee he or she would give you any money back and you would be stuck paying two lawyers. That said, the best thing to do is seek additional consults from private attorneys. You have a current lawyer so its a conflict for any of us to tell you what to do on your case. Many of us on AVVO including our firm offers free consults. You should start there.

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  • I NEED HELP QUICK

    Today I walked in to court for my misdemeanor warrant for a technical violation of probation. I signed in with the clerk and she told me to return at 1:30. Which I am. HOWEVER when I walked into the Public Defender office the lady told me I can't ...

    Brian’s Answer

    Walk over to the Public Defender's Office and apply for one. This is a place to ask questions and find private attorneys. If you desire a private attorney many of us here offer free consults. Good luck.

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  • 9 prior felonies and possession for sale with (11378H) what am I looking at as far as sentencing, rehab a possibility?

    On probation for possession of sales, pulled over for running a red light. Two females in the car, driver got charged with possession of sales , passenger let go and was able to drive car home with no drivers license. (2 females in the car) One ma...

    Brian’s Answer

    All fact dependent and you only provide a few. Sales is not a rehab type of dispo. You'd need an experienced criminal lawyer and some favorable facts to get you out of this. Best served sitting down with private counsel to discuss your file in full for honest evaluation. Many os us on AVVO offer free consults call around and lawyer up soon.

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