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Brian Russell Michaels
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Brian Michaels’s Answers

2,262 total


  • 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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  • How can I find a really good criminal defense lawyer that's willing to work out a payment plan with me ?

    I was arrested mid may and charged with very serious felonies. I'm innocent of what I am being charged with. I need a good lawyer to prove my innocence and defend me and help get me out of this living nightmare. I'm disabled and I've been on disab...

    Brian’s Answer

    Sounds like you are in a tough spot. There are plenty of good lawyers who will work with you on a payment plan. Honestly its more difficult to take small payments for most of us if you have, as you say, very serious felonies. If you have a reasonable amount to put up front you should be able to find someone to help you. Call around.

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  • How tough is North Court on DUI cases?

    First offense DUI with .06 BAC. Pulled over by CHP, don't want to get into the details online. Case out of North Court which I've heard is so awful that they might not only file the case but refuse to even offer any reduction even though I was b...

    Brian’s Answer

    Anything in the OC is tougher than alot of places. Good idea not to get into details online. If you were indeed an .06 you have a good case and its argurable they should even file the case. We have good results in the OC.

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  • What kind of trouble would I get in if I sent a letter to witnesses for my case or told them to say certain things?

    Now I'm worried.

    Brian’s Answer

    As well you should be. You DO NOT put anything in writing to a witness in your case and specifically directing them to say or not say certain things. This is called, among other things, witness tampering or obstruction of justice. You would be well served to stop free lancing and hire an attorney NOW to dig you out of this.

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  • What are the pros and cons of hiring a criminal defense lawyer who charges hourly or a flat rate?

    I am going to need a criminal defense lawyer for a potential felony. I met with some that I like but some charge by the hour and others have offered a flat rate. With so much on the line, I want to make the best choice. I have neither been charged...

    Brian’s Answer

    Ill chime in. As the other attorneys have stated it is common practice unless you are in Federal Court to pay flat rates. We do this, largely because it would be difficult if not impossible for folks to afford us if we charged you hourly. If you have not been charged but expect to be my office typically charges a flat fee to assist you as best as possible pre-filing and then if charges are filed we give you a credit of that money to your legal fees. Others do it differently.

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  • If pulled over second time ca law says

    in California what happens in court when you drive without a license with a prior

    Brian’s Answer

    I agree your question is abbreviated. Driving without a license is priorable and in theory there is jail available. With an experienced attorney you can negotiate the issue away.

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  • How can you be arrested and charged for something you never did?

    How was I charged at a Sheriff's station, but in court no charges yet released with out seeing a judge? Especially for a report made a few hours after. I had called child services on my ex spouse for real reasons. Yet I was arrested for lies??

    Brian’s Answer

    Welcome to our world. Sadly it does happen and that is why the world needs criminal defense attorneys. You dont offer alot of facts about your situation so its hard to better advise you. If you need it, call some of us on AVVO or a free consult.

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  • How early can an attorney file a motion to supress evidence?

    Can that be done at arraignment or do they have to wait until the pre- trial hearing?

    Brian’s Answer

    You dont know anything at arraignment. Its the first appearance in the case. Its always a tactical decision as to if and when to file a motion to suppress and depends on the type of case and the strength of the motion. There is no absolute when. It is absolutely NOT at arraignment.

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