Michael Mott Brewer's Answers

Federal case need Pro Bono lawyer..

Public Defender. You get what you pay for in life. I would be wary of anyone taking the case, especially a federal case, "to make a name for themselves". That means that they don't have a name, and probably for good reason. In addition, they are not likely to have your best interests at heart. We constantly see slimy lawyers running their mouths on television, which is almost never good, to the detriment of their client.

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How do i get an expunged (1203.4)case from 7 years ago removed off county data base in CA ?

It appears that you are indicating that your case is listed on the court's web site case access system, that can be viewed by the public, even where the case is dismissed or expunged. This is a real problem in Orange County and other counties with such web sites. I would suggest that you seek to retain an experienced Orange County criminal defense attorney and petition the court to remove the information from the database.

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AZ Resident w/ DUI in CA - why do I need to get a CA license reinstated?

There are two issues here - 1. a license and 2. a privilege to drive in a particular jurisdiction. Normally, if you have a valid license from jurisdiction, such as Arizona, it will give you a privilege to drive in other jurisdictions temporarily, such as California. If you commit a DUI in California, however, that state will then deny your privilege to drive in California on your Arizona license. Moreover, if you reside off the base in California, you cannot drive without a California license.

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My daughter got a misdemeanor ticket for possesion of pot (under a ounce) and has to appear in court.

The maximum initial penalty for possession of less than an ounce of marijuana is a $100 fine, and therefore many people think of it as a traffic ticket and mistakenly take it lightly. They plead guilty, pay the fine, and walk away happy, temporarily. The problem is that, while the initial penalty is light, the later penalty is severe. The offense is a MISDEMEANOR, A CRIME!!! This means that they now have a criminal record for a drug offense, which limits their employment, education, and...

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What is the current percentage of county jail time?

The percentage in LA County has recently changed to 15% for most crimes, and Orange County is going to 50%. The law has changed to 50% on prison sentences generally. Each of these guidelines can change, however, depending on the crime and circumstances.

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Dress up for court apperence (criminal case)

Yes, you should be allowed to dress in street clothes, and I suggest that you do so. Outward impressions are always important, even in front of judges. They have a psychological impact. A judge may resist allowing you to change out of your jail clothes, but I would politely push the point.

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How should my daughter plead on a a misdemeanor possesion of pot ticket? (under a ounce) no other tickets or arrests

She should retain an attorney who can try to get her out of this without a drug conviction. The penalty is only $100, but it is a misdemeanor drug conviction. That carries severe later penalties, with problems in employment, education, and driver's licenses.

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What does the word remanded mean as release status after an arraignment.

It means taken into custody, at that point, in lieu of bail. Your friend could have been released at a later time, however. The friend could be released later as part of a plea agreement, or if the friend posts the bail set by the judge, if any.

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What action can I take to dispute IRS owed income tax, I have never worked in the U.S.

The United States has one of the most expansive taxation systems in the world. Generally speaking, our government will tax any income earned that has any connection to this country, either through the transaction or citizenship of the party. For example, a U.S. citizen is taxed on income anywhere in the world. A foreign citizen can generally be taxed on any transaction involving the United States. There may be, however, a "foreign tax credit" against which taxes paid to a foreign government are...

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Can you get charged with dui at home

Yes, a person can get charged with a DUI in such a scenario, if the police feel that they could circumstantially prove that the person was driving earlier, while under the influence of alcohol or drugs or a combination of the two. Such cases are often hard to prove and therefore defensible, however, if the person has good legal representation. There may be many issues relating to circumstantial evidence, arrest in the officer's presence, search and seizure, etc.

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