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Brian Russell Michaels
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Brian Michaels’s Answers

1,980 total


  • How do I get pretrial relief when the judge ignores the mandates of the law?

    In California PC 1050 allows for continuances but states that a Judge must hold a good cause hearing where the party requesting the hearing will state why he/she needs the continuance. The Judge is then supposed to say you have good cause or not. ...

    Brian’s Answer

    A 1050 cannot be granted 20 x without your consent. That is just an impossible scenario. You are waiving your speedy trial rights and there must be your waiver along with that of your lawyer. Perhaps you and your PD are having communication issues it would seem.

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  • How long will it take for a felony arrest warrant to be carried out for a $2000 fraud case.

    It goes in front of a judge tomorrow at 2pm in Los Angeles county.

    Brian’s Answer

    Agreed. This is totally a function of guess work. If this is for you or someone close to you I would recommend you get both a bondsman and an attorney BEFORE the execution of the warrant. Most people F it up for themselves making silly statements to law enforcement when in cuffs. Get a lawyer. Many of us offer free consults, call around.

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  • I won't finish my community service by 5 days...how bad will my punishment be?

    My probation of 3 years is up next week. I was given 45 days of community service. I completed 40 with a second extension. There was a mix up on the numbers I thought I had completed. Now I am really worried on what the judge will tell me? Could ...

    Brian’s Answer

    Depends on your history with this Judge. If you go in with an attorney and be honest and ask for more time you should be fine.

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  • Is knocking teeth out during a domestic dispute considered a GBI injury, and is that domestic violence or domestic battery?

    Other teeth injured as well

    Brian’s Answer

    I think most DA's would consider that indisputably GBI. It is a serious domestic violence case and you will need an attorney. Many of us offer free consults, call around.

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  • I need a good criminal lawyer who has experience with false DV accusations leading to charges. Must be able to win in Pomona.

    READ MY Q: FALSELY ACCUSED OF DV BY ABUSER. He has two "witnesses"(accomplices&co-conspirators!),his new girlfriend he lived with & her friend. I have EVIDENCE to prove several lies and many crimes(felonies) committed by them. i have viable, supp...

    Brian’s Answer

    Agreed. Pomona is a tough place to be as a defendant. If you think the facts are on your side hire a very experienced trial lawyer. Many of us on AVVO offer free consults, call around.

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  • Expungement cost?

    1) How much money does it cost to get a case expunged after can ompletion of probation? 2) Should I file for expungement myself or hire an attorney? 3) How much money does an attorney usually charge? I understand that "it depends" but it will ...

    Brian’s Answer

    Every attorneys fee are different. You have a good idea of what the cost will be. You can of course do this yourself if you want to put the time and energy in. If it's easier for you to have the assurance it will get done right and quickly hire an attorney. Call around for prices, we are not allowed to solicit on AVVO.

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  • I was arrested for a DUI with a bac of.08%. Is there a good chance i can get this reduced to a wet reckless driving?

    I have a clean record; no traffic violation tickets and no prior arrests. I was cooperative when the officers pulled me over. My arrest was under the jurisdiction of LA County.

    Brian’s Answer

    Yes it is a possibility but not a guarantee. A .08 is a per se defensible case but you will still need a good trial lawyer to get this result for you. Many of us on AVVO offer free consults call around.

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  • How can I find out if I have a warrant?...

    No background info...

    Brian’s Answer

    Well you need to start with providing information. If you have information that you can provide an attorney, such as the possible location of your case and your personal information an attorney can make the relevant calls to find out if you have a warrant. Call around many of us may do this for you as a courtesy.

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  • I recently got a 2nd DUI on 7/18/2015. 1st DUI in 2008. What are the possibilities of getting it dismissed?

    I got one DUI in 2008 in which I obtain a lawyer and the case was reduced to wet reckless. I completed all the requirements. I recently got a 2nd DUI on 7/18/2015 and I was wondering what are the possibilities of getting it dismissed. I was stoppe...

    Brian’s Answer

    We do not evaluate cases based on chances and percentages. Criminal cases are based on facts and evidence. You need to retain a lawyer to go over all of the police reports and discuss all your available defenses in order to determine if you can win a trial. Many of us on AVVO offer free detailed consults, call around.

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  • What are the potential consequences of ignoring all court and DMV requirements imposed for DUI

    Family emergency abroad, must leave immediately. What awaits me upon arrival back to the US ?

    Brian’s Answer

    Warrants. If you have to attend to family business and you had a lawyer then inform your lawyer to get as many continuances as possible for you to potentially avoid warrants when you come back. If you do not have a lawyer to do this for you, get one. If you document the emergency with the court and come back your chances of getting a reprieve from any warrants would be greatly enhanced.

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