Brian K Wanerman’s Answers

Brian K Wanerman

Sacramento Criminal Defense Attorney.

Contributor Level 17
  1. How do federal investigation interviews work? Initial agency interview? Proffer? Safety Valve? Cooperation? Etc.

    Answered 7 months ago.

    1. Greg Thomas Hill
    2. Brian K Wanerman
    3. Michael Kevin Cernyar
    4. Stephen F Wallace
    5. Anthony Michael Solis
    6. ···
    11 lawyer answers

    You should never speak to law enforcement, federal or otherwise, without your attorney present. Discuss this issue with your attorney.

    18 lawyers agreed with this answer

  2. Criminal defense

    Answered about 1 year ago.

    1. Malosack Berjis
    2. Joseph Salvatore Farina
    3. Scott J. Corwin
    4. Christian K. Lassen II
    5. Michael Shemtoub
    6. ···
    11 lawyer answers

    Stop posting any details about the incident here or anywhere else. Do not discuss them with ANYONE except your attorney. Contact an attorney IMMEDIATELY.

    14 lawyers agreed with this answer

  3. My private criminal defense lawyer says that for my arraignment where I have a misdemeanor , I do not show up to court?

    Answered 4 months ago.

    1. Joseph Briscoe Dane
    2. Michael Kevin Cernyar
    3. Andrew Stephen Roberts
    4. Vijay Dinakar
    5. Michael Raymond Daymude
    6. ···
    14 lawyer answers

    If you don't trust the attorney you hired or if he isn't fully explaining things, it's time for a new lawyer. Mr. Dane is correct. A lawyer can appear for you on a misdemeanor charge unless it is domestic violence or the judge orders you to be there. Mr. Daymude's advice is also good. Even if you don't have to be there, it is always helpful -- especially if you don't trust your attorney!

    13 lawyers agreed with this answer

  4. What happens when the "victim" in a misdemeanor DV charge never appears in court. CA

    Answered 7 months ago.

    1. Brian K Wanerman
    2. Stephen Troy Allen
    3. Maria Cavalluzzi
    4. Margaret Forbes Mendoza
    5. Forest Michele Wilkerson
    6. ···
    7 lawyer answers

    First, the victim has no right to refuse to testify. The district attorney can issue him a subpoena. After that, if he refuses to testify, he'll be held in contempt of court. Second, even if the victim doesn't testify, it may not have much of an effect on your case depending on the circumstances. It would likely make it harder for the DA to convict you. But, it likely will not lead to automatic dismissal of your case. If you already have an attorney, you should discuss these issues...

    12 lawyers agreed with this answer

  5. Hi am in California and my case already closed last year, what can i do if my lawyer wont give me a copy of settlement

    Answered 3 months ago.

    1. Christian K. Lassen II
    2. Brian K Wanerman
    3. Douglas Holbrook
    4. Daniel C Grupenhagen
    5. David Ian Schoen
    6. ···
    9 lawyer answers

    I agree with Mr. Hollbrook. You have a right to the entire case file. A lawyer must also notify a client promptly about any settlement and cannot accept or reject it without the client's permission. Get the file and review it. If they refuse to give it to you or if it appears they did not live up to they fiduciary duty (duty of loyalty) to you, notify the state bar.

    11 lawyers agreed with this answer

  6. Do I need to hire a criminal lawyer?

    Answered 4 months ago.

    1. Brian K Wanerman
    2. Daniel R Perlman
    3. Michael Douglas Shafer
    4. Richard Wynn
    5. Alan James Brinkmeier
    6. ···
    8 lawyer answers

    It's your husband who needs a lawyer, not you. If he already has one, you should speak to him. If not, get him one ASAP. Not all convictions are eligible for half time. It depends on what the underlying charge was. Some charges require a minimum of 80-85%. It may be that a mistake was made when he was sentenced. Your husband needs an attorney ASAP to resolve this issue.

    11 lawyers agreed with this answer

  7. After a misd is filed against defendant and the DA offers to reduce it to infraction with a $100 fine pre agreed? Downside?

    Answered about 1 year ago.

    1. David Aaron Wiesen
    2. Keith G Langer
    3. Kevin Samuel Sullivan
    4. Brian K Wanerman
    5. Daniel Edgar Tropp
    5 lawyer answers

    In general, conviction of an infraction as opposed to a misdemeanor is preferable from a defense perspective . Having a misdemeanor conviction on your record will impact you far more than having an infraction conviction. However, there could be other considerations depending on the facts specific to your case. You should discuss this with your attorney in a confidential setting before making a decision.

    11 lawyers agreed with this answer

  8. How to expunge dui charges

    Answered about 1 year ago.

    1. Douglas Holbrook
    2. Brian K Wanerman
    3. Maltaise E Cini
    4. Christine C McCall
    5. Kevin Samuel Sullivan
    6. ···
    6 lawyer answers

    You must be off probation to petition for expungement. If not, you must first petition for early termination of probation. You must have a good reason to get early termination. "I don't want potential employers to know I was convicted of DUI" is not likely to be a sufficient reason. However, if you can show other changed circumstances, you may be able to prevail. Consult an attorney

    11 lawyers agreed with this answer

  9. What to do about my brother being on ICE hold?

    Answered over 1 year ago.

    1. Douglas Holbrook
    2. Brian K Wanerman
    3. Kevin Lawrence Dixler
    4. F. J. Capriotti III
    4 lawyer answers

    The police did not put an ICE hold on him, ICE did. Unless he fights, he will be deported after criminal proceedings against him are completed. Your brother needs to speak to an immigration attorney ASAP.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Why am I not qualified for drug court? why cant I pay back welfare department? I made a mistake I know stupid is no excuse of

    Answered 3 months ago.

    1. Brian K Wanerman
    2. Joseph Briscoe Dane
    3. Anthony Michael Solis
    4. Victoria L Clemans
    4 lawyer answers

    You need to ask your lawyer these questions.

    10 lawyers agreed with this answer