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Brian Russell Michaels
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Brian Michaels’s Answers

2,258 total


  • Can judge combine my case with another case I have with a different judge

    While in court to show proof of enrollment for my d.v. Classes..the judge brought up a seperate case I picked up an was out on bond for and not due to court with a different judge about that matter.when the judge violated me for that case and sen...

    Brian’s Answer

    If you are on probation to that Judge and you pick up a new case, yes he can violate you for failing to obey all laws. There are other reasons a judge can give you time, as in failing to meet terms of your probation in a timely manner.

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  • What to do if arrested for a warrant in a different county for charges that you are in home confinement for?

    My boyfriend was arrested because he apparently had an outstanding warrant from a different county, but the charges are the same charges he was in home confinement. He's been in jail for almost a week now with no sign of trail or him speaking to a...

    Brian’s Answer

    Agreed, you should be talking to a bondsman about getting out on the warrant. Then hire counsel to deal with the underlying issues. Many of us on AVVO offer free consults, call around.

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  • Traffic ticket in a National park (Joshua Tree), How to proceed next ? [Ticket also has errors - wrong date and Misspelled name]

    I got charged with 36 CFR 4.22 (b) (1) - Operating a vehicle without due care. It was around 9 PM and we(me and my friend ) took a sharp right, and the car went off-road (no skid marks on the road though). A tow truck had to be called. No one was ...

    Brian’s Answer

    No a clerical error on the cite will not get you off on the charges. You are correct this is a federal offense and a misdemeanor. If you are concerned about job and or immigration consequences you would be well advised to hire counsel to try to reduce the charge or fight it if at all possible. If you pay it, and do not contest it you will be looking at a misdemeanor conviction. Since this is a Federal Court matter hire someone with a good amount of experience. We practice in the area if you need a more detailed consult call around.

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  • Can a Police Officer arrest a person for DUI charges in your complex parking lot.

    Son charge with DUI while looking for parking in apartment complex. was never pulled over on the street. followed by officer inside complex.

    Brian’s Answer

    Absolutely. A police officer can actually pull you out of your house if someone can put you behind the wheel while under the influence. Hire an attorney asap as your drivers license can be revoked within 10 days of the arrest. Many of us offer free consults, call around. Get counsel.

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  • Does a warrant continue to show on your name after you start going to court to resolve the issue

    Found out I have had a warrant on my name since 2008 had no clue about this I put my name on the court calendar and now trying to resolve I was never arrested will this still show on a background check as a warrant

    Brian’s Answer

    Depends on what kind of background check it is. If you are concerned about it, best thing to do is clear it asap and deal with whatever the underlying issue is that got you the warrant. That would be the issue you would need to be concerned about showing up on a "record". Whatever the underlying issue is, hire counsel to get rid of it.

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  • Can I get off on this charge? I am innocent I did nothing wrong, I was only getting dropped off at the blood bank.

    I was getting a ride from my cousin who owns the car and my other cousin was riding along for the ride as we get pulled over turning into the parking lot of the blood bank. the cops search the car and find a gun in the trunk of the car. nobody cop...

    Brian’s Answer

    There is no way any attorney can give you that advice based on the information you provided. An attorney would need to review all of the evidence and reports in your case. If the gun is not yours and someone else cops to it then your chances are good. But it will take an experienced lawyer to help you get out of the charges. Many of us on AVVO offer free consults call a few attorneys with alot of trial experience and hire counsel.

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  • On formal probation finished all my terms but recent was arrested for possession controled substance I am in probation for poss

    Formal probation for sales and possession controled substance caught another case misdemeaner possession

    Brian’s Answer

    Yes you will be facing both a violation of probation and a new case. You most definitely need counsel. Many of us on Avvo offer free consults call around for more details about your situation.

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  • My husband had court today we couldn't hire an attorney for this day but he was kept in court and is know in custody what can I

    My husband is been charged with possession of fire arm and possession of a control substance that he is not guilty of I need help he was not only charged with two felony's he has witness to this wrong doing he was also treated wrong by the officer...

    Brian’s Answer

    Many of us on AVVO take reasonable payment plans. Call around. If that does not work out for you the Public Defenders office can assist you. Good luck.

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