Michael Evan Mitchell’s Answers

Michael Evan Mitchell

Fresno Criminal Defense Attorney.

Contributor Level 7
  1. My uncle was drunk and hit his girlfriend daughter she a minor what will happen how can I help n how much jail time

    Answered over 1 year ago.

    1. David Aaron Wiesen
    2. Chris J Feasel
    3. Michael Evan Mitchell
    4. Gayle Anne-Marie Gutekunst
    5. Francis John Cowhig
    6. ···
    6 lawyer answers

    If the victim was a minor, he could be facing felony child abuse charges, it depends on the severity of the injuries in whether the DA wants to file it as a misdemeanor vs. a felony. He could also be required to go to special classes on child abuse as well if he is convicted.

    10 lawyers agreed with this answer

  2. Is there any advice I can give to my brother about his appointed attorney?

    Answered over 1 year ago.

    1. Tai Christopher Bogan
    2. Michael Evan Mitchell
    3. Michael Douglas Shafer
    3 lawyer answers

    I agree with Mr. Bogan's comments. However, I do think that this attorney should be visiting your brother by now. Two months is a long time to go without an initial visit. It signals to me that this attorney is too busy to be handling this case and someone else should be assigned. As for the discovery, I agree the discovery cannot be provided if it is thousands of pages, or hundreds of pages. The best thing is for the attorney to go in and go over the main highlights and areas that need to...

    8 lawyers agreed with this answer

  3. How to get a marijuana dui dismissed in hayward, ca courts

    Answered over 1 year ago.

    1. Joshua Kaizuka
    2. Douglas Holbrook
    3. Chris J Feasel
    4. Paula Brown Sinclair
    5. Michael Evan Mitchell
    5 lawyer answers

    Marijuana DUI's can be difficult for the prosecution to prove. Your driving pattern doesn't indicate impairment, if that was the only reason the officer pulled you over. In addition, it depends on whether you had active vs. inactive metabolite in your system. Also, even if it was active metabolite, the prosecution has to show that that level of metabolite equals impairment. There are not many studies, if any, that show what level of THC metabolite equals impairment. Many prosecutors will...

    6 lawyers agreed with this answer

  4. If my criminal record was suppose to be exsponged ,how come the courts can still access it?

    Answered over 1 year ago.

    1. Christine C McCall
    2. Michael Evan Mitchell
    3. Gayle Anne-Marie Gutekunst
    3 lawyer answers

    The only true expungement in California is in cases where you can show factual innocence. Penal Code section 851.8 PC provides that a person who has been arrested or detained and is determined to be factually innocent may petition the law enforcement agency or the court having jurisdiction over the matter to provide for the sealing and destruction of the record of that arrest. However, a Penal Code 1203.4 expungement should make if so that a conviction is not visible to private employers or...

    5 lawyers agreed with this answer

  5. California summary probation and moving out of state

    Answered over 1 year ago.

    1. Michael Evan Mitchell
    2. Jeffrey George Moore
    3. Michael Douglas Shafer
    3 lawyer answers

    No, unless she was on formal probation or judge made it a condition of her probation. I have many clients who are out of state on summary or informal probation, as well as clients who move out of state on informal probation.

    4 lawyers agreed with this answer

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  6. POLITICALLY, what determines the legal age of consent for sex?

    Answered over 1 year ago.

    1. M Elizabeth Foley
    2. Macy Michelle Jaggers
    3. Bart Charles Craytor
    4. Karen Kenner
    5. Michael Evan Mitchell
    6. ···
    7 lawyer answers

    In California it is 18, the legislature determines the legal age.

    6 lawyers agreed with this answer

  7. Does california offer a occupational license for driving, I have child support arrears in boston and mass suspended my license

    Answered over 1 year ago.

    1. Douglas Holbrook
    2. Michael Evan Mitchell
    3. Jasen Bodie Nielsen
    3 lawyer answers

    There is an interstate agreement to honor actions taken by other states against your license. You'll have to get the suspension lifted in Mass. To get the suspension lifted in CA.

    4 lawyers agreed with this answer

  8. I live in India now; I was arrested twice in 1992 for shoplifting; Is is possible to get this expunged now?

    Answered over 1 year ago.

    1. Michael Evan Mitchell
    2. David Aaron Wiesen
    3. Frank Mascagni III
    3 lawyer answers

    In California we have a specific expungement procedure, but some areas do not or it is extremely limited to cases asserting a claim of innocence or deprivation of a constitution right (such as in Federal Court). Your best bet is to contact an attorney in Ohio to see what sort of expungement procedure is available.

    4 lawyers agreed with this answer

  9. I have DUI and have been in psyc wards? I just spent 50 thousand on getting her kids back now I won't be able to see them

    Answered over 1 year ago.

    1. Michael Evan Mitchell
    2. Hillary Johns
    3. Jasen Bodie Nielsen
    3 lawyer answers

    Not sure I understand the question, maybe you want to rephrase?

    4 lawyers agreed with this answer

  10. Charged with 496 (a) pc/f how can the prosecuter prove i knew the item was stolen when I didnt know.

    Answered over 1 year ago.

    1. Michael Evan Mitchell
    2. Stephen Ross Cohen
    3. Christine C McCall
    3 lawyer answers

    Receiving stolen property is the receipt of the property after someone else stole it- they don't have to show that you stole it. Only that you knew it was stolen. But, of course, the prosecutor must prove that you knew it was stolen and convince 12 members of the community beyond a reasonable doubt. One way they could prove you knew is if your ex-friend testifies that you told him you knew it was stolen, but that's doubtful since he would be incriminating himself.

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