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Michael David Kern

Michael Kern’s Answers

35 total

  • I would like to get an dropped DUI arrest in CA expunged. Is this how to go about it? Will I need a lawyer?

    By searching the web I learned I should get a copy of my arrest record or criminal record and if the arrest shows up (not sure why it would not) then to petition for Factual Innocence. I spent the night in jail for charges of a DUI. I blew und...

    Michael’s Answer

    The best approach is to speak with a DUI attorney that has experience with expungements. He or she will be address your concerns and help with the process of expunging your DUI.

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  • Charges are being picked up on me due to my husband's suspicious behavior in our visit at a CDCR facility

    My husband got our visit terminated at a prison facility due to suspicious behavior. The correctional officers stated that during our visit they have my husband on video tape looking suspicious like he was grabbing something out of one of my pocke...

    Michael’s Answer

    Speak with an attorney immediately.

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  • Does our son plead guilty, or not guilty when going before the judge? Should ask for public defender first?

    The charge is HS11350(A). He enrolled immediately in a rehab program after. Has been going since. This is his only offence every.

    Michael’s Answer

    He may be eligible for a public defender, but you won't find out until you appear in court. You may want to speak with a private attorney before court, discuss the case with him or her, and get a clear understanding of the case.

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  • How much will it be to hire a DUI lawyer in your defense?

    I'm living paycheck to paycheck. Is it possible if there was a down payment placed and then pay monthly afterwards? How can this work out?

    Michael’s Answer

    Yes, a lot of DUI attorneys structure payment plans for their clients. Contact some attorneys, explain the events surrounding your DUI, and explain your financial situation.

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  • I got a DUI in California but have an AZ license. The police officer took my license. What can I do?

    Will I face consquences in CA and AZ?

    Michael’s Answer

    The arresting agency should not have confiscated your out of state license. You will need to retain an attorney in a California to fight the DMV suspension and the DUI in court. Each state has different procedures that must be followed if a conviction occurs. Contact an experienced DUI attorney to help.

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  • Is it worth my time to get a DUI Attorney with a .14 BAC in California

    This was my first time ever being pulled over & or charged with anything. I was 100% compliant with the officer and was pulled over for having my two front wheels in a crosswalk. I blew a .14 three times in a row within 30 minutes. ...

    Michael’s Answer

    It's always a good a idea to hire an experienced attorney on a DUI case. You will not know all options with respect to your case until you sit down and speak with someone who has handled cases similar to to yours. Chemical test results can be challenged - but there are other issues that deal with the stop, detention, and arrest, for example.

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  • I have a felony probation violation in Orange County and a warrant for it. It might be a failure to report

    I also have another case back from 2009 in another county that I never appeared for. So I think there is a warrant for that too? It's a misdemeanor DUI. Do I take care of the Orange County one first since it is a probation violation? My friends wi...

    Michael’s Answer

    You need to hire an experienced attorney, so he or she can pull your court files to determine the circumstances surrounding your case. There are numerous strategies for handling warrant recalls. Contact any attorney.

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  • Do I run a risk of being detained in court, arrested, and jailed when appearing in front of a judge for an 11357b hs?

    Cited for 11357hs in November, I will plead not guilty to the infraction very soon. I am being charged by community college campus police, the amount of cannabis was a gram, give or take and did not belong to me, a joint roller and papers were...

    Michael’s Answer

    Your question is a little confusing and contradictory at times. There are some really good attorneys in San Diego. Contact one, explain your situation, and he or she can adequately advise you on your case.

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  • Would the judge allow me to change my public defender? Should I accept a deal even when I know it was not entirely my fault?

    I'm in court for a sting op. My case is a moral turpitude misdemeanor, but PD does not want to take the case to jury and even asked me to plead nolo contendre to my charge. When I refused to do it, my PD got angry and told me "you will not win the...

    Michael’s Answer

    It can be risky to ask another attorney their opinion about your case when they have not had adequate time to review the discovery, speak with the DA, interview any witnesses, or conduct their own investigation. If you are unhappy with your PD, you can request a Marsden, but they can be difficult to win. The 6th Amendment guarantees the right to trial in a criminal case. Your attorney can advise you, but he or she can make the decision for you.

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  • Does my court case is closed while I'm still on informal probation?

    Misdemeanor BAC 0.10% DUI classes: Done AA groups: Done Fines: Paid Driver License: reinstalled sr-22: got it Working and studying... IF NOT: Is there any way te get a early termination?************

    Michael’s Answer

    Your court case is not "closed" while on informal (summary) probation. The court retains jurisdiction over your case until probation is terminated. Yes, you can request an early termination of probation. There are specific procedures that need to be followed, however. Contact an experienced attorney in your area.

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