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Michael P Brodsky
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Michael Brodsky’s Answers

321 total


  • Do I need to hire a lawyer for Domestic Violence, Assult 4 charge

    My boyfriend and I got into a verbal argument, after he called me a couple names I lost my temper and I open hand slapped him across the face. He grabbed me to stop me, I yelled at him to let go and he didn't initially let go but and after he rele...

    Michael’s Answer

    You absolutely need a lawyer. Whether you hire one or have one appointed (assuming you qualify) going it alone on a case like this simply a bad idea. Assault charges, particularly DV assaults - carry serious collateral consequences including loss of the right to posses a firearm and difficulty traveling to other countries. And as with any he said/she said type of case, a good attorney can be a great help in either negotiating a fair outcome or prevailing at trial as I have done many times. The State or City has a lawyer, you need one too.

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  • Can I get an Early Vacated Record for Assault 4 DV based on nothing on my record before this and good behavior after?

    I was told to plead guilty or face prison time for something I didn't do after proving my innocence. Because I didn't have proof that the additional accusations didn't happen, My lawyers advised I plead to avoid ruining my life and future as it ma...

    Michael’s Answer

    Unfortunately, I do n't believe there is any mechanism for vacating an Assault IV D/V charge before the 5 years after completion of all conditions of your sentence.

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  • Does he qualify for POST CONVICTION RELIEF?

    Husband is a LPR, he was sentenced and found guilty a year ago under 2nd degree assault w/ DW. He was sentenced to 15 months. We just thought he would do his time and he could get out BUT He did not know that once found guilty that he would have t...

    Michael’s Answer

    Your husband may be eligible for some relief under Padilla v. Kentucky, 130 S. Ct. 1473 (2010), which says he must be advised the of collateral immigration consequences of pleading guilty. He should see an attorney about appealing.

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  • What deals are commonly offered by the prosecutor in this situation?

    I crashed my car. When the cop showed up I refused the first breathalizer and took one when he brought me to the police station. It was .045 BAC. I have no previous DUIs. I did have one previous misdemeanor which has been dismissed through the Was...

    Michael’s Answer

    DUIs are way too complicated to make an accurate prediction of what you will be offered. While .045 is pretty low, the crash is a bad fact and may make the PA less amenable to a positive outcome. You should speak to an experienced attorney with an emphasis in DUI defense before accepting any offer.

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  • Can I sue my children's father for withholding Children From me and emotional Distress

    My children's father and I have a temp parenting plan in place stating that I have supervised visitation and i have not seen my children in 5 month's he has sent me many text saying I can not see my children unless I have sex with him he just got ...

    Michael’s Answer

    This question is probably better suited to being answered by a family law practitioner. As far as withholding child visitation in exchange for sex, that may well constitute the crime of extortion: “Extortion” means knowingly to obtain or attempt to obtain by threat property or services of the owner, and specifically includes sexual favors. Wash. Rev. Code Ann. § 9A.56.110 (West). Following consultation with a family law attorney I might consider reporting it to the police.

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  • Is it possible to have a Class C Felony Conviction sealed less than 5 years from being discharged from the court?

    In April 2005 I was arrested for taking 3 of my father's leather jackets and pawning them for $50 total. He pressed charges and told the law enforcement that the jackets had a total value of at least $1500. So I was charged with theft in 1st degre...

    Michael’s Answer

    Mr. O'Rourke is correct that if you were indeed convicted of a Theft 1 it is a Class "B" Felony and you will have to wait 10 years following discharge to do anything. Secondly., unless you were convicted as a juvenile, you will only be able to "vacate" under RCW 9a.44.130. If you were convicted as a juvenile, then you are likely eligible to "seal" at anytime past your 18th birthday. As you can see, its a complicated process. Having a lawyer handle it is probably your best move. That person should be able to know for certain whether or not you are eligible and most offer free consultation to make that determination.

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  • I have a friend who was convicted of a felony, non violent. The law had changed since her conviction and the monetary amount to

    Make it a felony had gone up, so the crime she was accused of is no longer a felony. She is a professional and has lost her ability to work in her field of education. We have heard that she can have the court reduce the charges after 5 years....b...

    Michael’s Answer

    As is commonly the case and as it sounds like you suspect, that information is incorrect. At least in the State of Washington. However, if your friend has completed her sentence and paid off all fines and fees, she may be eligible to vacate her conviction which would allow her to state on employment applications that she had never been convicted of that crime. Contact a knowledgeable attorney who can tell her if she qualifies and, if she does, can get that conviction vacated so she can get on with her life.

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  • Gross Misdemeanor Expungment

    I was arrested a few years ago and I'll skip the details but I plead guilty to a gross misdemeanor solicitation to possess and unlawful substance to avoid paying lawyer fees, it was my first offense, and I was scared of the possibility of getting ...

    Michael’s Answer

    While it is certainly possible to do it yourself, as with anything in the criminal justice system, it can be challenging to get it all right. It does sound like you are eligible but you must have 3 years since you completed ALL of the conditions of your sentence, including paying all fines and fees. Fees for expungement tend to run from $1000 to $2500.

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  • Can you get a dui for anti depressants?

    I take 10 mg nortriptyline nightly for chronic pain

    Michael’s Answer

    You can be charged for DUI if your ability to operate a motor vehicle is affected by your consumption of alcohol or "any drug". That means legal or illegal and whether or not you have a prescription. That said, they are much more difficult to prove so it's important to have an experienced attorney represent you.

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