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Michael Laurence Fell
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Michael Fell’s Answers

124 total


  • Points on License in California

    Hello, I asked a similar question not to long ago, but the question I had wasn't answered all the way. I recently was involved in a non injury accident. There were no police involved, not tickets issued no police report filed. The damag...

    Michael’s Answer

    If there is no criminal conviction, this should not constitute a point on your DMV record.

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  • Is it unusual for DA to take over 10 months to file DUI charges for BAC of .11 and could that be a positive sign for my case?

    I was sited for DIU 10 months ago with a BAC of .11. I was not charged in my hearing, was told we will let you know if and when charges are filed. Is that unusual and should I even attempt to call and inquire now or wait for 1 year then call or no...

    Michael’s Answer

    10 months is unusual in Orange County, or in any County for that matter when there is a one year statute of limitations. There are unique circumstances when a filing may get lost -- don't bank on it, as this is very rare. No need to contact the DA's office. If your year passes, you are in good shape! Did DMV proceed with your license suspension after your DMV/APS Hearing? I hope you had this hearing. In any event, not a bad idea to contact an attorney. Most on Avvo offer free consultations.

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  • I got a 2nd DUI in 2008, due to the circumstances of the DUI the court vacated me of the 18mo classes, but DMV says Its required

    My 2nd DUI was handled horribly & after being drugged, sexually assaulted & in an accident that left me disoriented; my parents posted bail & with no details, allowed me to merely go home. I had hit my head & was exhausted from the whole experienc...

    Michael’s Answer

    So sorry about your horrible experience. If the case was dismissed, you may be able to resurrect your DMV punishment. It is best for you to speak with an attorney -- most here on Avvo offer free consultations.

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  • Can I avoid a misdemeanor for a shoplifting charge?

    My girlfriend and I were given a ticket for cpc 484(a)/488, today I received a letter from the pd changing the charge from that to 459.5. With 484(a)/488 I might have been able to make it an infraction but I don't know anything about this new char...

    Michael’s Answer

    Orange County is unique in handling these cases. There are several options where you may earn a dismissal. I would suggest you speak with an Orange County defense attorney and go through the specifics.

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  • I received a misdemeanor hit and run, along with a DUI. I think the H&R is sketchy since I didn't know it happened.

    I did not flee the scene since I didn't know it happened. Whats my chances of dismissal, or what my best and worse case scenario

    Michael’s Answer

    You really have to be careful with this type of case, since a conviction for a DUI with a hit-and-run is an automatic one-year license suspension with the DMV. The good news is that many times the DA will negotiate cases like this and on some occasions will dismiss the hit-and-run. In your case, that would be extremely beneficial for you. I strongly recommend you consult with a criminal defense attorney. Most here on Avvo offer free consultations.

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  • Dui for Marijuana help

    This is confusing bit I really hope one of you can answer this. I'm 16 years old. About three weeks ago I got pulled over in California for Driving under the influence of Marijuana. Igot my license taken away and since then I got it back in the ma...

    Michael’s Answer

    I agree with the comments above. The new ticket should not be an issue with the decision as to whether your DUI will be filed. You will be given a free attorney if your case ends up in Juvenile Court regardless of your financial ability. However, as stated above, it would be well worth your while to consult with a private attorney. Most here on Avvo offer complimentary consultations.

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  • Marcys law states that a victim(s) of a crime has the right to a speedy trial and a prompt and final conclusion of the case well

    I'm the mother of a toddler who was snatched from me by a complete stranger who is only being charged with only a PC 207 (a) Felony its been almost one year and this case keeps going to pre trial and then they set Jury trial for a certain date o...

    Michael’s Answer

    You have 17 enumerated rights under the California Constitution via Marsy's law. The right to a speedy trial is one of these guaranteed rights. You have the right under Marsy's Law, upon request, to address the court personally and/or through your Marsy's Law attorney/representative. The courthouse victim advocates are not permitted to do this for you. I suggest you speak with a Marsy's Law lawyer -- most attorneys here on Avvo offer complimentary consultations.

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  • As a victim is this plea unfair? What can I do?

    So several months ago my now ex girlfriend was drunk and beat the crap out of me. Broke my nose, fractured my cheek, multiple bruises. There were multiple witnesses, in fact when the police arrived she ran from them and hid since she is on felony ...

    Michael’s Answer

    As a victim's rights attorney, I am curious as to whether all of your Marsy's Law rights were honored prior to charges being dropped.

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  • I need a criminal difense attorney.my husband has a felony charge ,now do to prop47 he is scheduled to be resentanced ,

    he got 5 yrs w\85 and 3rd strike. this charge that was reduced he was given yr for. now that its reduced how much time will be taken off.

    Michael’s Answer

    If I understand correctly, his 487 was reduced to a misdemeanor due to Prop 47 resentencing? If so, he should be getting half-time credits since the strikes would no longer be an issue. If I were you, I would take the time to speak with an attorney and give them the specific details of the case. Most attorneys here on Avvo offer free consultations.

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  • How much jail time do the Deputy DAs at Harbor Justice Center usually want for a 2nd offense DUI?

    I understand the minimum is 96 hours, but have heard that in OC, the DDAs ask for anywhere between 30 and 90 days, partially depending on BAC. What am I facing? I refused to answer any questions, refused to let him "examine my eyes", refused all...

    Michael’s Answer

    The information above is correct and incorrect. If your prior was legit, there is no way you will get the prior stricken in Harbor Court. An alternative to jail is ONLY available if the judge authorizes it -- different courts handle this different ways. This is the procedure in Harbor Court. It is a good idea to chat with an attorney about the procedures. Most attorneys here on Avvo offer free consultations.

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