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Michael Kevin Cernyar

Michael Cernyar’s Answers

8,042 total


  • My son got charges for 23152(F)VC. Can he be charged if test result show no alcohol was present, 0.00%?

    My son was in an accident and hit a street sign; no one injured and no other people was involved. He things he fell asleep or fainted while changing lanes. The police arrived and gave him an alcohol test and a blood test. My son taken to the polic...

    Michael’s Answer

    If there is marijuana, then your son is screwed unless he can suppress the tests. That may be possible. Discuss further with an attorney.

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  • How to / should one respond to defamatory false Ripoffreport post alleging breach of contract, from vexatious litigant?

    Someone posted an untrue post on the ripoffreport site alleging breach of contract against me, along with other falsehoods, claiming they own part of my successful online company (it's fiction/fraudulent claim). This person is a relative, a known ...

    Michael’s Answer

    File a civil harassment suit against the party. If done properly, they will be ordered to take the Internet posting(s) down. A civil harassment suit won't cost you much. If the other party violates the court order then criminal charges can be brought. Best wishes.

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  • If person bailed out of jail and can't pay the payments and the case is on going can they go back to jail?

    If person bailed out of jail and can't pay the payments and the case is on going can they go back to jail?

    Michael’s Answer

    In a heartbeat. Bondsmen don't fool around with that sort of thing.

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  • Can I be forced to pay for a fence?

    My neighbor wants to replace the fence between our properties, which is showing wear, but it is not sagging or especially in need of replacement at this time. A fencing company looked at it & said it has a couple of weak spots but does not need to...

    Michael’s Answer

    Very rarely do both parties own the fence. Its either one side or another. The person that the fence belongs to is responsible for the maintenance. Here it appears to be your neighbors fence because if it was yours he is more likely to request that you fix it. Since it's his, he's trying to get you to share the expense. I'd stay away from that conversation.

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  • What can i do i need help

    My husband was sent to prison a year ago n some months he is an illegal imagrant well his do date is on August 25 but yesterday he call me and told me that some inmigration guy when in tell him that on thursday when his time is up he was ganna ge...

    Michael’s Answer

    It appears that your hubbie will be sent to Adelanto in SB County for immigration process. Depending on the strategy the process may be quick or it may last a few years. Your husband's bail is likely to be for the immigration process and not a criminal bail issue to the bail people will be different. Contact an immigration attorney for further discussion.

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  • Do lawyers ever partner up with start-ups in exchange for part ownership?

    I have 50+ domains in a very niche market (sports betting). I have a partner now designing the sites for mostly affiliate marketing (maybe 10 for ad-click...to bring in cash sooner). the others aff mktg that take much longer to bring in money, b...

    Michael’s Answer

    As long as it is within the bar's guidelines then it shouldn't be an issue. Best wishes.

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  • Other than an expungement how do I better my chances of getting my license as a Psychiatric Tech with two prior DUI convictions?

    I am applying to the california state board to get my license but I am worried I will get denied because of two old DUI convictions. My plan is to seek an expungement first, and then apply to the board and attach a letter explaining my history, my...

    Michael’s Answer

    Discuss with an attorney the different between an expungement and a certificate of rehabilitation. One may be better than the other, but you and the attorney will have to determine that. Best wishes.

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  • I failed to make a payment to court so I received a probation violation. The judge gave me a 15 days cal trans

    I have paid all dues for the case fyi. Last year I had a due date of the completion of cal trans and I HAD NOT COMPLETED IT SO the judge went ahead and gave me an extension to complete it. I also have been dealing with ovarian cancer and jus...

    Michael’s Answer

    In Long Beach it will depend on the judge. Each one has different personalities. Bring a big gun attorney and all of your medical records. It shouldn't cost much. Best wishes.

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  • Will I be penalized if I inherited an IRA CD and the deceased never took the RMD for over 20 years?

    My father owned 2 IRA CD's and we do not believe he ever, after the age of 70.5 took the RMD's. He died at 91 and left the accounts to his children. The banks have sent out the disbursement papers for the heirs. Should we be worried?

    Michael’s Answer

    There is no shortage of rules involving individual retirement accounts, but the most vexing may be the yearly required minimum distribution which kicks in once the account holder turns 70 years old. The RMD only applies to traditional IRAs; the Roth IRA escapes that necessity. It is possible to convert a traditional IRA into a Roth IRA. So you may have nothing to worry about. Find out what type of IRA it is and the bank policy regarding RMDs if it was a traditional IRA. Best wishes.

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  • In Los Angeles, what does the case number prefix RA mean?

    Our car was stolen and the court case number online is RA***, I've always seen them as MA*** this is the first one Ive seen that wasn't MA***.

    Michael’s Answer

    The R is indicative of the courthouse the matter is in. The A indicates that it is a criminal matter. Here is a link to the matrix. http://www.lacourt.org/division/criminal/pdf/CriminalCaseNumberPrefixMatrix.pdf

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