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Brian Russell Michaels
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Brian Michaels’s Answers

2,259 total


  • The DA wants to give me a SCRAM bracelet for my first DUI, can I "bargain" or "trade" for a "different but equal" penalty?

    Long story short, I had a stupid, and emotional night, drove when i shouldn't have. Ofcourse in my drunken state i decided to was a good idea to get some fast food before hitting home. I fell asleep (passed out) at the wheel in the drive through, ...

    Brian’s Answer

    If I were your attorney, and I am not, with a ,20 and an accident you are fortunate they are not asking for either significant County Jail or even State Prison. TO ME this falls into the category of dont push your luck. Yours is a jail case and you arent getting any.

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  • How do I contest a false police report

    My husband is a cop and best me up in our home. I called the police before it started and they came. He knew the police. They did not arrest him and told me if they he would be put in jail, fired, never allowed to be a cop again. Ruin our family a...

    Brian’s Answer

    That's a horrible yet believable story. If you have the means since you won't get much help from law enforcement, hire someone aggressive to file a civil TRO against him and start building ur case. That same lawyer should also be working up ur defense. Many of us on AVVO offer free consults call around.

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  • Looking for a criminal defense attorney with free evaluation /no fees till we win

    Looking for a very skilled criminal defense attorney who would agree to provide a free evaluation of the case and no fees unless we win. Its double, but you have to be very smart. Would need to go an extra mile to get there. A misdemeanor convicti...

    Brian’s Answer

    You can get a free evaluation from most credible defense attorneys. As to the latter, try the Land of Oz. What you propose would be highly unethical.

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  • Is it a scam?

    stole from sephora(about 250$) in cali , got arrested, went home, and a week later recieved a letter to pay 350 to recoverypay.com is it a scam?

    Brian’s Answer

    No it is not a scam. That does not mean you should pay it. Retain an attorney to defend you in the theft case and he/she can advise you how to deal with the civil demand.

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  • How can a DA continue to prosecute a charge a defendant is provably innocent of? And is intent required for hit-and-run?

    I left the scene of a minor accident and was charged with DUI and hit-and-run (both misdemeanors). The blood test revealed that I was in fact sober with a BAC of 0% and tested negative for everything except for *inactive* THC. However, the DA has ...

    Brian’s Answer

    If this is how you feel, and you are right to feel this way, you go to trial and you BEAT THEM. Thats what you have a lawyer for, presumably.

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  • Injured and supposed to surrender to serve time

    If someone is supposed to surrender to serve 120 days and they were hurt in a motorcycle accident prior to surrender and still healing is there anything they can do to extend the surrender date?

    Brian’s Answer

    Agreed your attorney needs to appear on your behalf before the surrender date with proof of the accident. If you dont have an attorney to do this hire one. Its your best bet.

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  • What are the chances going to jail?

    I have jury duty coming up but I got a warrant for my arrest. Will the judge know that I have a warrant? I'm trying take care of it but I don't know if I can before the summon.

    Brian’s Answer

    Not unless you are silly enough to tell the Judge. That said, you should probably deal with the warrant. You have come to the right place. Get a local attorney and get that warrant cleared. Plenty of us on AVVO who can help you.

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  • Will I have to do jail time for possession of a meth pipe

    My boyfriend and I were pulled over and they found a pipe in my bra and I missed my court date

    Brian’s Answer

    You would probably want to add more facts to be able to get a more concise answer. With any criminal charge, jail is a possibility. Alot of it depends on your past, and where the offense occurred. If it happened in LA County and you have no record, with an attorney avoiding jail is a good bet.

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  • Can a registered sex offender on misdemeanor probation travel outside of California?

    I am a 22 year old registered sex offender due to a misdemeanor possession of child pornography conviction. I am currently on 3 year probation in the state of California. I am currently registered and up to date, I have paid all my fines and serve...

    Brian’s Answer

    If you are still on probation you might want to check the terms of it. If its informal probation there is probably no restriction on travel but you may very well get stopped and questioned by TSA.

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  • Shoplifting CA . Never have a record.

    I was charged with petty theft at a big retail store. They took me to a room and I signed civil demand form. The item value is $40. They called a police and I got a citation with court date. I have clean record and this is my first charge. 1. Is ...

    Brian’s Answer

    If you have a court date, that means you need a lawyer, especially on a theft case and especially if you have job concerns. Yes convictions for theft can be a real problem when getting a job. You may be able to work something out where a lawyer gets a dismissal for you which is the outcome you need. Many of us offer payment plans call around.

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