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Ian Michael Wallach

Ian Wallach’s Answers

68 total


  • If i am 17 and i have sex with a 14 year old but she did it willingly is it still a crime? will i go to jail?

    we are actually family she is my aunt but i am 17 and she is 14 i am now scared because i did not do it sober if i go to court what would be my charge? and what are my chances if i do end up at court

    Ian’s Answer

    I disagree with the majority of answers previously posted. If she speaks, then you are likely facing a misdemeanor consensual sex charge, if a charge is made, as you are still an minor and only three years apart. The relevant law, in my opinion, is this:

    Cal. P.C. 261.5. (a) Unlawful sexual intercourse is an act of sexual
    intercourse accomplished with a person who is not the spouse of the
    perpetrator, if the person is a minor.

    For the purposes of this section, a "minor" is a person
    under the age of 18 years and an "adult" is a person
    who is at least 18 years of age.

    (b) Any person who engages in an act of unlawful sexual
    intercourse with a minor who is not more than three years
    older or three years younger than the perpetrator, is
    guilty of a misdemeanor.

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  • I was arrested by police and charged then I was cleared of any wrongdoing ,can they still search your property?

    I didn't give them permission and at that point when they cleared me ,they searched My wallet

    Ian’s Answer

    While I agree with a lot of what was said here, there are usually two remedies (and neither are great, but one can help others who have been violated in the same way).

    The best thing to do is to go to the police station where the officer works and file a complaint. While you will initially get a run-around, ask for the "watch commander", be very polite, and get a complaint form. Complete it, sign it (in the right spot, which is usually labelled "official action"), and hand it to the desk officer and wait for your copy. This will yield a mandated investigation. The downside to this is that you may be called in to court to testify against this officer if he makes privacy violations in other criminal cases (and these are usually the subject of suppression motions).

    The second thing to do is to sue civilly based on a violation of your right to privacy. But this is terribly expensive and rarely yields anything, and it is hard to measure any damages (injuries) other than the emotional ones.

    Sorry this happened.

    remedy, sadly,

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  • How much will it cost us to get a lawyer??

    My brother got arrested felony charges 90,000.00 bail charges selling,and transporting with intention to sell, in the police statement it says there is statement that he sold to some one most likely a undercover cop on two occasions July 30/Octobe...

    Ian’s Answer

    Before you jump into the private sector, see what Public Defender your brother gets assigned. Many of the Los Angeles PD's are among the finest in the field. Long Beach, if that is where the matter is pending, is a terrible court to have a drug case. And while the PDs are over-worked, and may not have time to speak with you or your brother as frequently as they like, they know the judges, have access to drug court, and frequently work with drug-court liasons (and treatment over incarceration is likely what you will want to pursue). Should you choose to retain a private attorney, read reviews, check references, and learn his or her familiarity with that court (again -- it is a tough court). Most importantly, stand by him, as you are. The support of family is a HUGE factor in getting a less-restrictive resolution.

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  • What will the judge most likely do?

    im on house arrest for a violation of probation which ends Dec 9. I'm off probation in March 5. The house arrest interfere with my job can I request to serve the length of my probation in jail Since the house arrest and my work schedule conflict A...

    Ian’s Answer

    It depends where you are. If you are in Hawthorne, and can't do the remaining time on probation, then it actually makes sense to have it converted to Jail Time, as you will do a fraction of the days due to the overcrowding of LA County Jails. To do this, go to the Court EARLY, get in the clerk's line before 8:30 am, ask the Clerk to have your case sent up to the judge, go to the Court, and tell the judge what you want. The Judge will likely give you some days of jail credit for the time you've spent on House Arrest. You may be remanded (taken in) immediately, so bring only what you need and have arrangements in place to not come home. That said, LA jails are TERRIBLE (the DOJ just determined that Men's Central Jail was so awful its inmates are subjected to cruel and unusual punishment). But you could be out quickly!

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  • I got a speeding ticket and then missed my court date. How do I avoid going to jail?

    I wrote the date down wrong. The court date was nearly a week ago, besides also being in Tennessee, while I live in North Carolina. I am afraid that they are going to suspend my licence or put out a warrant for my arrest, and I barely have enough ...

    Ian’s Answer

    All of the above answers are correct. Walk in ASAP. Judges don't like to take people into custody who voluntarily surrender. The phrase "walk in, walk out" is usually true. Go in, tell the Court what happened, and state that you are eager to assist the Court in resolving the matter.

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  • Wrongly accused of a criminal matter. Please help me.

    I know I need a private attorney. I do not have the money, if I did I would not be on this web site. Please someone help me. I have all the reports and supposed findings, I can email it to you if you would please consult with me for 30 minutes max...

    Ian’s Answer

    I join in all of the answers above. And Public Defenders, contrary to myth, are dedicated, hard-working, caring attorneys for the most part. I was honored to be one with LA County for years. Oddly, the expenses of trial -- experts, investigators, etc., can be very high. And while private practitioners, like myself, can petition the court for these services, public defenders can get them much more easily, and can prepare the case for trial. And they try many more cases usually. I tried 17 in one year as a PD, with great results. Go there, listen to them, trust them. Just understand that they can't hold hands like private attorneys (or get involved prior to criminal filings -- which doesn't apply to you). Trust them -- you will likely be pleasantly surprised. Good luck

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  • If you are off of probation, but still owe restitution, will you be able to have your case expundged

    Questions about expundgement

    Ian’s Answer

    I agree with Joseph Dane's answer. While expungement is discretionary, and it would certainly help to have the restitution paid, the Court lacks jurisdiction now to force you to pay. I may be wrong, but I am not aware of authority that denies one the right to seek expungement if restitution was converted to a civil judgement (other counsel -- please correct me, with authority, if I am incorrect).

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  • How can I be sure if I was charged for retail theft if the police were never called?

    On the DEC 24 I was caught stealing from Nordstrom by loss and prevention security. The items taken were totaled to be $420 in Hayward CA. They confiscated the items stolen and took pictures. They made me sign some documents and I paid a civil dem...

    Ian’s Answer

    I agree with the above attorney's answer. However, and not to be a downer, there is a one-year statute of limitations for a misdemeanor. And if they took your information, and the information was accurate, or they can obtain accurate information, A misdemeanor can be brought against you within one year of the offense. So you have to wait it out. If, unfortunately, you do get a letter stating that an action has been filed, there is a good chance that, with a good and persuasive lawyer, you can effectuate a "civil compromise" - where the store writes a declaration stating that they don't want the prosecutor to prosecute the action. The prosecutors have a right to oppose this request - but the courts will usually grant it.
    The really good mirrors, is that you were not arrested, so there's no record of an arrest, and nothing happened. Stay out of trouble, try to do some volunteer work or other work endeavors that show that you are a good person (work, school, anything that improves your life and the lives of others) and then in the unlikely case that anything bad happens, you'll be in a good position to protect yourself, and possibly make this experience as if it never happened, provided you find a lawyer you trust, who knows how to accomplish this. That said, it looks like you got an early holiday present of avoiding a major hassle. Happy holidays, and good luck in the new year.

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  • Dose a pending felony show up on a background check?

    pending felony assault with a deadly weapon (GBI) pushing towards self defense i am properly educated in culinary, yet i have been rejected 6+ in the past 3 month how should i go about seeking employment if i am fighting for my innocence

    Ian’s Answer

    • Selected as best answer

    What is unfair and unpleasant experience you are having. Arrests can show up on background checks. "Whether you have ever been arrested" is not a question that should not be posed asked questions on most employment applications. A sound answer is "I was recently wrongly arrested, and it is embarrassing, but I understand that it should be resolved and dismissed without consequence in near future."The culinary arts are also a very competitive profession - so don't be discouraged, and also know that this arrest may not be the source of you rejections - it's just a very tough field. (and many of the best chefs I know actually have suffered some convictions and still have wonderful careers). Keep your head up, keep trying, keep cooking, and you should be okay. In the interim, make sure you have a lawyer you trust, who is trusted by others, and who can use your skill set and work goals as an advantage in resolving your pending action.

    Good luck.

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  • My defense lawyer violated an established constitutional duty of failing to negotiate effectively to mitigate harm in the plea

    MY criminal defense attorney in my case 4 years ago, had failed to properly investigate more suitable outcomes for my plea bargain that would not adversely affect my chances to get a green card (a simple google search I did, revealed a whole list ...

    Ian’s Answer

    You are definitely facing an uphill battle. The law is clear that if your attorney didn't properly advise you of the immigration consequences of your plea, or to seek advice from an immigration attorney, then, if timely, you have grounds to withdraw your plea. But 4 years is a long long time and the prosecutor's office will definitely oppose such a motion and it's going to be very hard to get a judge to grant it.

    The PD's office has discretion as to whether or not to help you. They might, but they aren't obligated to.

    You are in a tough boat. Your best bet is to find an attorney who has done this before, but you are likely going to have to pay a substantial sum with no guarantees.

    I wish I had a better answer for you -- so sorry.

    Ian

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