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Brian Russell Michaels
Avvo
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Brian Michaels’s Answers

2,259 total


  • I missed my hearing for enrollment of PC1000

    I missed my hearing for enrollment of my PC 1000 class back in January. I was falsely told by my counseling classes that they were going to send in confirmation of my enrollment so I wouldn't have to go to court. The court records show that they s...

    Brian’s Answer

    PC 1000 is a gift that allows you to avoid a criminal conviction upon completion of a court ordered program. The court requires you to do certain things in a timely manner and if you dont you could lose the benefits of the program and face a conviction. If I were you, I would cover your backside and go into court with an attorney and solid proof that you did what you thought you were supposed to do in a timely manner so you dont lost the opportunity of a PC 1000 disposition. If you want further information many of us on AVVO offer free consults.

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  • Would I lose my license if I refuse DUI field sobriety tests?

    If I was stopped for suspicion of DUI and I refused all DUI tests, would I lose my license?

    Brian’s Answer

    No there is no legal requirement to take Field Sobriety Tests. However be sure that if you do the Police will make life very difficult for you.

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  • How does expectation of privacy (reasonable right to privacy) impact probable cause?

    Does an individual have a right to privacy in their home, against a warrantless search based on the claim of probable cause? (And specifically probable cause that would not have been sufficient in obtaining a warrant)

    Brian’s Answer

    Sounds like your looking for a Constitutional Law lecture. Clearly this isn't the place for that. Yes you have a right of privacy in your home as protected by the 4th amendment. With some exception law enforcement requires a warrant to get into ur home legally. But there are significant exceptions to that rule. If you have a specific legal issue that you need to address many of us on Avvo offer free consults.

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  • Does removal of police report exists?

    I got into a fight with my ex and I guess to calm me down he pinned my wrist down and hold me down with his body. I went ahead and reported to the police station in person after the incident. I then came back home and we started fighting again so ...

    Brian’s Answer

    Welcome to the nightmare of Domestic Violence. The reality is that once someone calls 911 and Police show up all they need to see is one small scratch and regrettably almost always someone goes to jail. Most all alleged victims later want to undo the damage the unwittingly caused by calling 911 thinking the police would just calm things down. Never goes down that way. He will likely NOT have a felony filed. It will probably be a misdemeanor but still, a DV conviction is damaging. Only thing you can do to help now is get him counsel. Many of us on AVVO offer free consults call around.

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  • I got a dui yesterday they had me do four breathalyzers then took me for a blood test

    I was pulled over in Manhattan beach California last night... They said my tags were expired and I made an unsafe lane change. I agreed to the tests even though I have 5 decications in my spine. I was given 2 breathalyzers and told that I needed a...

    Brian’s Answer

    Sounds like law enforcement had a tough time figuring out what they were doing, not uncommon for Manhattan Beach. Without having direct information about what ur BAC readings were its hard to advise you. However there is a recent Supreme Court case that just came down making blood draws in some cases illegal absent a warrant. Sounds like there are some things to fight about. Retain an experienced DUI attorney within ten days if possible to ensure u preserve ur right to a DMV hearing. Many of us on Avvo offer free consults.

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  • I'm flying into the US from Mexico with a warrant, how likely is it that theyll know about it & will I be arrested because of it

    I left to Mexico to help my mother who was sick a couple months ago, but I left while I had an open case for drug possession in California. The case had since turned into a bench warrant for not complying with the terms of my plea deal. Plus I hav...

    Brian’s Answer

    As the other lawyers indicated you have a good chance of being arrested on your return. You would be wise to deal with the warrant now. Many of us on AVVO offer free consults call around for a more detailed response.

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  • Can I get a DUI charge dropped to a reckless driving with no alcohol related ?

    I have been charged with a DUI in California and have plea deal down to wet reckless is it possible just to plea to reckless driving ? Is there a minimum and maximum fine for wet reckless ? Is there mandatory classes for a wet reckless ? Is there ...

    Brian’s Answer

    If you have a plea deal it means you have a lawyer. Why are you not asking him/her those questions?

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  • What is the punishment for soliciting a prostiitute In California?

    Well I'm 20 years old and made a huge mistake and contacted a prostitute online and got arrested by the police. I have no criminal past, college student, and have a great GPA. It is getting closer to my trial date and I'm starting to get very nerv...

    Brian’s Answer

    It really varies from County to County. Typically you will have to a class, take an AIDS test, pay a fine, and there could be incarceration depending on the DA. Again, you would be well advised to hire counsel who can help you out of this. Many of us on AVVO offer free consults, call around.

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  • What are my chances of jail time? How long?

    So I have 2 seperate dv allegations going which I didn't start and the witness isn't testifying and cooperating with the da. Well since the incidents I have been going to aa(almost everyday), volunteering, anger management classes(once a week) , ...

    Brian’s Answer

    One would hope so. It's not just the judge u need to worry about but the DA. You certainly are being proactive which at this point is all u CAN do other than to make sure you have excellent counsel guiding you. Many of us here on AVVO offer free consults if u don't have a lawyer.

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