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Brian Russell Michaels
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Brian Michaels’s Answers

1,903 total


  • 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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  • I am currently in Mexico at the moment. I Have a bench warrant in Los angeles CA. Will i be detained at the border going back

    I was sent to DV classes and had to go to court to present my pogress. Instead i had to come to mexico for a family emergency and ended up staying 9 months.. taking care of my aunt.

    Brian’s Answer

    You most definitely could be detained at the border coming back and held. It is difficult to have a warrant recalled while you have been that gone. Your best case scenario would be to retain an attorney here while in mexico with PROOF of the reason you were gone and a decent Judge should HOLD the warrant, meaning lifted for the time being, until you return. But you best return once that happens. An experienced attorney SHOULD be able to get that done for you. If you have further questions many of us offer free phone consults.

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  • Legal Advice for “what does charge level: F (felony) and a $5,000,000 bail”

    we don't know anything but that

    Brian’s Answer

    It means someone in custody is being held on a very high level serious felony case.

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  • Do I qualify for sealing my arrest record? I was arrested for domestic violence but the charges were dropped the next day.

    My ex called cops and falsely accused me of DV. Charges were dropped for lack of evidence. During divorce she asked for restraining order and it was tried and denied because I had evidence that she lied and was an aggressor, not me. She filed for ...

    Brian’s Answer

    The question really requires more facts. If the case was indeed rejected or dismissed by BOTH the District and City Attorney then you should be clear to have the record sealed. That is different from it not being filed be either entity. You would first want an attorney to make sure they were indeed dropped which means rejected. If so, you would qualify. If you have any further questions many of us on AVVO offer free consults.

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  • I got a DUI, I wasn't pulled over, need to know what my chances of fighting case are before hiring a lawyer.?

    Cop followed me for about 3mins before he cut my off to pull over the car in front of me which happened to be my aunt. As they pulled to the side I pulled over with them parked my car and was going to approach cop, but was asked to remain in my ca...

    Brian’s Answer

    Would be pure guess work if you do not know what your BAC really is. If you end up below a .08 you could dodge a bullet. If you have a court date you would be well served to hire counsel. The closer you are to a .08, if they file, the better your chances of a reduction, generally. Many of us offer free consults call around for more information.

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  • What can we do if boyfriend never attended anger management classes or paid fines from 6 yrs ago for domestic violence?

    Boyfriend was charged with domestic violence in 2010. Never went to classes or paid fines due to lack of funds.

    Brian’s Answer

    You need to get him an attorney and get his butt back into court asap. He most definitely has warrants and with the help of a local lawyer could avoid jail if he walks in and re enrolls. Many of us on AVVO offer free consults. Call around.

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