Ian Michael Wallach’s Answers

Ian Michael Wallach

Venice Criminal Defense Attorney.

Contributor Level 9
  1. My defense lawyer violated an established constitutional duty of failing to negotiate effectively to mitigate harm in the plea

    Answered 11 months ago.

    1. Ian Michael Wallach
    2. Greg Thomas Hill
    3. Michael Raymond Daymude
    4. Michael Kevin Cernyar
    5. Vijay Dinakar
    6. ···
    6 lawyer answers

    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,...

    8 lawyers agreed with this answer

  2. Dose a pending felony show up on a background check?

    Answered 8 months ago.

    1. Ian Michael Wallach
    2. Alan James Brinkmeier
    3. David Patrick Vaughn
    4. Joseph Briscoe Dane
    5. Dan Eugene Chambers
    6. ···
    8 lawyer answers

    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...

    Selected as best answer

  3. Is it possible that there is no video of my driving when CHP was mandated to have all cars equipped with recording devices -2011

    Answered over 1 year ago.

    1. Jasen Bodie Nielsen
    2. Joshua Kaizuka
    3. Ian Michael Wallach
    4. Mark Lawrence Deniz
    5. Michael Jon Fremont
    6. ···
    7 lawyer answers

    I fear that it is possible. My understanding is that it's not a law that requires CHP cars to have video, but rather a policy that the CHP enacted involving camera placement on 2000 cars. And since many DUI arrests are handled by motorcycle officers -- which won't have cameras. It's not necessarily a bad thing, however. Your lawyer likely best knows how to try your case, and sometimes the absence of evidence is really helpful (a question posed at trial could be "isn't it true that most...

    7 lawyers agreed with this answer

  4. Does your character affect your punishment?

    Answered over 2 years ago.

    1. Ian Michael Wallach
    2. Andrew Stephen Roberts
    3. Kevin Samuel Sullivan
    3 lawyer answers

    If you are a disabled vet with an honorable discharge, and no criminal history, and you didn't know that ambien would affect you like this, then I seriously recommend you get a good trial attorney who knows your court, or use the Public Defender, and push your case to trial. For many reasons. First, you have a strong 'involuntary intoxication" defense. And a jury will likely be rooting for you (or at least one juror will, which is all you need to hang the jury, get a mistrial, and, depending...

    Selected as best answer

  5. 19 yr. old getting 15 yr. old pregnant.

    Answered over 2 years ago.

    1. Ian Michael Wallach
    2. Antonio Arturo Cota
    3. Rebecca A Nitkin
    4. Paul Samuel Geller
    4 lawyer answers

    Yes, he could go to jail, as it's illegal to have sex with someone who is under 18 (even if consensual). And it's a felony if the person is more than 3 years younger than you. But that doesn't mean he will go to jail, or even be punished. The prosecutor has authority to file a complaint or not. I worked in Juvenile law in L.A. for many years, and this is what I saw effect a decision for a prosecutor to choose to punish or not -- whether or not the guy is being a stand-up dad. If he has a...

    6 lawyers agreed with this answer

  6. Howdo I know which criminal defense attorney is the right one?

    Answered over 1 year ago.

    1. Ian Michael Wallach
    2. Andrew Stephen Roberts
    3. Nicholas Maurice Rosenberg
    4. Karren Melinda Kenney
    5. Seth Andrew Weinstein
    6. ···
    6 lawyer answers

    First -- ask those you trust for people they can recommend. Most people are embarrassed to acknowledge any prior contact with the criminal justice system, but close and smart friends will give good answers. Second -- everyone here is right. Read the reviews on AVVO. Third, before meeting with an attorney, ask about their experience with your scenario. If they claim to have accomplished certain results, ask for case numbers. Fourth -- PLEASE AVOID ANY AGREEMENT THAT IS "THROUGH PRELIMINARY...

    Selected as best answer

  7. Is saying "you're dead" to someone, but not how or when or threatening any specific violence, a criminal threat under CA PC 422?

    Answered over 2 years ago.

    1. Ian Michael Wallach
    2. Michael John Harrington
    3. Andrew Stephen Roberts
    4. Mehrdad Ghassemkhani
    4 lawyer answers

    Sadly, yes, you could be charged with either a misdemeanor or felony count of criminal threats, PC Section 422. SInce this was merely a text, if you are prosecuted, it will likely be for a misdemeanor (which is not a strike. A felony PC 422 is a strike). Even though the law was enacted to stop threats that were "clear, immediate, unconditional, and specific", prosecutors will bring complaints based on statements or questions that are simply aggressive or mean. To beat the case, if one...

    Selected as best answer

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

    Answered 8 months ago.

    1. Ian Michael Wallach
    2. Michael Carter Lukehart
    3. Joseph Briscoe Dane
    4. Darryl Elliot Young
    5. Brian K Wanerman
    5 lawyer answers

    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...

    5 lawyers agreed with this answer

  9. What can my friend, who is out of the country and short on funds, do about her court date? Public Defenders won't represent her.

    Answered over 1 year ago.

    1. Elliot Rahmim Zarabi
    2. Michael R Crosner
    3. Nicholas Maurice Rosenberg
    4. Richard Franklin Taub
    5. Gary Stephen Barthel
    6. ···
    8 lawyer answers

    Since she has a court date, and the amount of the amounts at issue is less than $950, she will likely be charged with a misdemeanor count of petty theft (PC Section 484(a)). Since it will be a misdemeanor, an attorney can appear on her behalf (she won't need to be there). If she is not there, and no attorney is there for her, a bench warrant will likely issue. But if an attorney is there, that attorney can do a lot of good, including either (a) "putting the matter over" (continuing it for up...

    5 lawyers agreed with this answer

  10. Off probation on jan 5th 2012, just got pulled over for dui on thursday....

    Answered over 2 years ago.

    1. Ian Michael Wallach
    2. Andrew Stephen Roberts
    3. John M. Kaman
    4. Paul Richard Burglin
    5. Brian C Andritch
    5 lawyer answers

    You should be ok. Definitely keep a low profile until the 5th. Only a judge (or other Bench Officer) can revoke your probation. Driving while intoxicated would be a grounds to find you in violation of your probation, and punish you on your open case (not the DUI) for not "obeying all laws". And you could be punished separately on the DUI. But the judge would have to be notified that you were arrested, and your P.O. would have to submit a request to revoke your probation. So keep your head...

    Selected as best answer