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Brian K Wanerman

Brian Wanerman’s Answers

2,504 total


  • What happens if I don't pay a civil demand made from Macy's in California?

    I'm a minor and was caught shoplifting, but nothing was damaged and they confiscated everything. They gave me a letter on the spot and said I had to pay $425. I understand I did wrong, but thats WAY too much. Will I get sued for not paying?

    Brian’s Answer

    What happens? Nothing.

    Will you get sued? No. Not only would Macy's have to pay more then $425 to sue you, they won't want the bad publicity that would come from suing a minor.

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  • My Brother needs a Attorney to represent him in Central Court on 7/10/2015 on a 3 strikes resentencing .

    Going to court on a 3 strikes 1385 motion resentencing petition. Needs to know what the fee would be to represent him.

    Brian’s Answer

    Ms. Gutekunst is correct. We are not allowed to solicit here on Avvo.

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  • Aressted for drug charges, money seized, can I recover that?

    was arrested for 11366 H&S, 11376 H&S, 11350(A). I pled no contest to the 11366 charge and the others were dismissed. They siezed approximately $2,000 from me at the time of my arrest. I am wondering since I was not convicted of any sales charges,...

    Brian’s Answer

    Were the charges dismissed or have you simply never been charged? It should be a lot easier to get the money back in the first case than in the latter. Talk to your lawyer about this. If you don't have one yet, get one ASAP.

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  • Can I avoid a false arrest at my work place? What should I do if this should happen?

    I feel that I have one or more previous employers who are stating that I harassed people while I was in their employ. I cannot verify this as the reference checking services that I have used haven't worked. In my present and recent working envi...

    Brian’s Answer

    Mr. Marshall is spot on. If arrested, IMMEDIATELY say that you want a lawyer. Then say that you refuse to answer any questions without an attorney present. Then, SHUT UP. Except for routine booking questions (your identify, your residence, if you have health issues) asked at the jail, say nothing else to anyone no matter whom it is or how innocuous the comment. Respond to any comment from anyone in the jail by saying that you cannot say anything without an attorney present.

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  • Release date on jail sentence for 120 days?

    A friend of mine took a plea deal for 120 day sentence for indecent exposure. They are currently serving time at Orange County's Theo Lacy Facility. He was told to turn him in on May 22, 2015, friday. They released hom that day saying they were pu...

    Brian’s Answer

    Speak to his attorney about this. He should have a better idea than any of us would.

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  • Illegal search of Vehicle?

    A week ago I was pulled over again by the same cop for the same reason. The officer got done running my papers than comes back to me and asks me when is the last time I've used. I told him "I do not use anymore" the officer than said "Well would y...

    Brian’s Answer

    Get a lawyer, pronto. You're gonna need one.

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  • How do you get criminal charges brought against a filer of a restraining order based who lied in it?

    My brother slandered me, lied about me and hacked my email/phone and used information in it to incriminate me in a restraining order case. I wasn't able to be at the hearing and the restraining order was established by the judge. I have yet to a...

    Brian’s Answer

    Only the District Attorney has the authority to file criminal charges. You can make a report to them and/or the police. But that's all. If he doesn't want to prosecute, there's nothing you can do to force him to.

    Slander and libel are civil tort terms. You can sue your brother if you want. But, I'd check with an attorney, first to see if you have a case

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  • I was arrested for furnishing marijuana in California should I fight it?

    I was arrested for furnishing marijuana but the district attorney turned it into a possession charge of under 28 grams which makes it an infraction. Either way I believe that the arrest was unlawful because the law clearly states for both furnishi...

    Brian’s Answer

    Hire an attorney and take him and your medical MJ card to court.

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  • I need domestic violence misdemeanor warrants quashed out of California since I ran from them and I went to prison for one year

    I was running from California from a misdemeanor warrant they chased me to Arizona and when they caught me in Arizona I did one year in prison for aggravated assault on a police officer now I was liketo get my warrants squash in California how wou...

    Brian’s Answer

    Mr. Marshall is right. Hire a lawyer.

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