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Brian Russell Michaels
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Brian Michaels’s Answers

2,291 total


  • Do I have a chance to beat my DUI case?

    I was pulled over on the 210e freeway around 4am. The officer asked if I was drinking, and I replied no. He insisted that I had been and asked me to step out of the car to make me do the field tests. After passing all of the tests he asked me to t...

    Brian’s Answer

    Based on those facts sure. But the officers police report and not your version is what the DA will rely on so u will have to fight for it. Hire counsel ASAP

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  • Petty theft twice?

    My friend and I were both accused of petty theft for less than $500 worth Macy's merchandise in Los Angeles CA. My friend had no fault but was still accused for stealing some of the items in my bag because he had entered the fitting room with me. ...

    Brian’s Answer

    First, the civil demand is meaningless. It's a form letter and since there was no loss there is nothing to pay. If you have a prior petty theft it's pretty unlikely you have a citation for an infraction. Personally I'd have to look at the citation to see where u are supposed to go but Petty Theft is a misdemeanor. Just because you were not arrested does not make it an infraction. It's likely going to be filed as a misdemeanor. You don't want an extensive record of theft crimes do you will need a lawyer. If you need more information many of us on AVVO offer free consults.

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  • A former business partner obtained a fraudulent domestic violence order against me. We were never in a dating relationship.

    I was not served or notified of that order and this issue is currently before the court system. My question however relates to law enforcement and the City Attorney's office taking the position that requests for IRS required tax/corporate informat...

    Brian’s Answer

    This question is all over the place. The city attorney generally had jurisdiction to prosecute CRIMINAL domestic violence cases and NOT civil restraining orders. I was a city attorney.

    The second half of ur question is in no way related to domestic violence. It's a vague general question about taxes and the City Attorney.

    Either re ask the question so it's logical or seek an individual consult with an attorney. Many of us will offer a free consult.

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  • What do i have to expect at court? What will they ask? How can i get an easy punishment?

    Got introuble for shoplifting and got a penal code of 459.5 Heres my story, i was going to target with my sister and a friend to finish buying things for my sons birthday. Then out of no where my sister and her friend were just putting all these ...

    Brian’s Answer

    It depends on a lot of factors you did not include in your question. Your heading indicates the area of law as being juvenile law yet you do not indicate if you are a Juvenile or an Adult. The end result will be very different depending on if you are an adult. Adult theft convictions can result in punishment including jail but this all depends on your history and the amount of the items stolen. You would be well advised to seek a more detailed review of your case with an experienced criminal defense attorney. Many of us offer free consults so call some lawyers here on AVVO.

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  • What should be my next step?

    I had signed for 30 days no probation. On 2 cases ran concurrent for misdemeanor possession. I set the date out for a month later. I had failed to appear for waking up late and then needing to go to the hospital but failing to do so again. Now it...

    Brian’s Answer

    Yes you do. Hire someone who can package something to work with you on all your cases. Many of us work on payment plans call around,

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  • I was caught shoplifting from Kohl's, they are trying to press charges for a strong arm robbery. What should I do to fight this?

    The strong arm robbery that they are claiming occurred happened outside the store. They are alleging that they identified themselves as Kohl's Loss Prevention team and that I pushed them. The fact of the matter is that I was walking through the pa...

    Brian’s Answer

    Loss Prevention cannot push a Robbery case only law enforcement can. Perhaps they were being heavy handed with you and trying to scare you. It certainly does not sound like Robbery but police will rely on their version of the events more heavily than yours. You would be wise to hire counsel that works in your County asap regardless of the charge. Many of us on AVVO offer free consults, call around

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  • I was subpoenaed to appear in LA court house, Will I get arrested for not going? Also if I go, can I exercise my 5th Adm/Right

    My boyfriend took off in my car and the DA is charging him for Joy Riding. I was subpoenaed as a witness and I do not want to go. However I do not have a background and want to know what are the odds of the DA filling a warrant for my arrest. Also...

    Brian’s Answer

    You certainly can be arrested. A subpoena is a court order. You do not have a privilege not to testify. You MIGHT have a 5th Amendment issue but that would require you to retain YOUR own attorney to advise you if the facts support invoking the 5th. You'd be well served to get a more detailed review if ur case by calling some of us on AVVO

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  • What evidence required to bring criminal prosecution for making false statements to police?

    I got wrongfully arrested for DV after my spouse made false statements to police. What is the best evidence I need to gather to bring a criminal prosecution against my spouse? and what is the best way to gather such evidence?

    Brian’s Answer

    Sadly you will not be the first or last person wrongly arrested or charged for Domestic Violence on false statements. It happens all the time, mostly to men.

    The politics of Domestic Violence are tough. I'm most cases, even when injuries are nominal law enforcement will almost always arrest someone in a he said she said situations

    Once that happens the arrested person has the system stacked heavily against them. The strategy in exposing the lies for your defense would be the same as in trying to bring a case against her, which is very unlikely once the DA has decided to prosecute you. You need to tackle what's in front of you; your case.

    You need a lawyer working in conjunction with your own investigator to build your defense. Once your case is built if it's strong we would consider taking it to the DA to discuss dismissal. You need to beat your case, then MAYBE you might be able to make a case against your accuser

    Be aggressive and hire someone aggressive

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  • Can you get a warrant recalled without paying the bail?

    I have a warrant for not finishing my community labor and my bail is pretty high. Is there a way I can recall it without paying bail?

    Brian’s Answer

    Warrants are usually pretty fact dependent. If it's ur only violation and you walk into court with an attorney you have a very good chance of having the warrant recalled wo posting bail. The high bail gives me concern so I'd want to find out if there is anything else driving it up. Again walk it in with a lawyer ASAP that's ur best shot

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  • How do I get charges dropped for public intoxication?

    About a week ago my boyfriend and I were both arrested for public intoxication. We were standing outside of my work (I had gotten off work a couple hours earlier and stayed after for some drinks), and were waiting for a cab. Local police pulled up...

    Brian’s Answer

    Agreed do not contact the DA. I remember Fiesta well from my UCSB days. You need counsel it may be possible to negotiate something where you get Diversion which results in dismissals. Many of us on AVVO offer free consults call around.

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