Matthew Blake Wallin’s Answers

Matthew Blake Wallin

Tustin Criminal Defense Attorney.

Contributor Level 12
  1. What is the penalty for trespassing in California

    Answered over 4 years ago.

    1. Matthew Blake Wallin
    1 lawyer answer

    Criminal trespass law is generally defined as an unwanted intrusion onto someone else’s property. In California, criminal trespass law is contained in the subdivisions of California Penal Code Section 602. There is a wide range of conduct that can result in a criminal trespassing charge, it is important to speak with an attorney about the specifics of your case to determine whether criminal trespass charges are imminent. If charged and convicted of misdemeanor California Penal Code section 602,...

  2. What can i do. received a ticket for not stopping at a red light, making right turn

    Answered over 4 years ago.

    1. Kim C. Wollenberg Burgess
    2. Matthew Blake Wallin
    2 lawyer answers

    You have a right to a "court trial" (not a jury trial). At your first court appearance, the judge will ask you whether you want to plead guilty or plead not guilty and set the matter for trial. Prior to your first court appearance you may want to speak with a qualified attorney with experience handling traffic matters out of the courthouse your case is pending out of. Pleading guilty may lead to negative implications (driving record; insurance rates, etc). Disclaimer: This answer is provided...

  3. I have a warrant for petty theft in Orange County. What am I looking at in terms of outcome?

    Answered over 4 years ago.

    1. Matthew Blake Wallin
    2. Lewis Robert Rosenblum
    2 lawyer answers

    If you cannot afford an attorney, you most likely will qualify for the services of an assigned public defender. Your attorney will FIRST need to recall the warrant that is pending. After the warrant has been recalled, the criminal allegation (of petty theft) will be addressed. Your attorney should review the facts of the case and speak with you about the surrounding circumstances (including your lack of any prior criminal record). Your attorney will work with you and discuss the potential for a...

  4. Can I fight a ticket that I am charged with two section for Traffic and Inraction?

    Answered over 4 years ago.

    1. Matthew Blake Wallin
    1 lawyer answer

    You have the right to a "court" trial when charged with a traffic infraction. When you first appear before the judge, you may enter a not guilty plea and set a traffic trial date. On that traffic trial date, the facts surrounding the allegation(s) will be addressed. At trial, the officer would need to be present and provide testimony as to how he or she determined your speed. It is often valuable to speak with a qualified defense attorney who is familiar with traffic violations and familiar...

  5. Can I get House Arrest for a 3rd DUI if I'm a caregiver?

    Answered over 4 years ago.

    1. Joseph Briscoe Dane
    2. Matthew Blake Wallin
    2 lawyer answers

    There is no absolute (yes or no) answer to your question. It is important to understand that the availability of an alternative sentence (such as house arrest) will depend upon several factors, including: (1) the surrounding facts and circumstances or your case and your prior criminal record: (2) whether the D.A. is in favor of an alternative sentence; and ultimately (3) it is in the judge's discretion whether to allow or deny an alternative sentence. Certainly speak with your qualified...

  6. 484 P.C. Petty theft - M

    Answered over 4 years ago.

    1. Douglas Holbrook
    2. Matthew Blake Wallin
    2 lawyer answers

    When charged with a criminal offense, such as petty theft, it is best to speak with a qualified criminal defense attorney. Preferably, consult with an attorney who is familiar with the courthouse in which your case will be heard. Your first court date is known as the arraignment. You will want to speak to an attorney prior to your first appearance in court.

  7. This is my first Drunk in Public charge and I'm wondering what consequences I'm looking at. Will I do jailtime?

    Answered over 4 years ago.

    1. Matthew Blake Wallin
    2. Robert Lee Marshall
    2 lawyer answers

    A review of the facts and circumstances surrounding your case and an analysis of your prior criminal history is required. Your consequences and the potential for jail time will depend on several things - including whether or not the prosecutor can meet its burden of proof on each element of the crime alleged. To obtain a conviction for "drunk in public" in California, the prosecutor must prove: (a) The person's public intoxication makes him or her unable to exercise care for his or her own...

  8. Is it possible 4 a minor who succesfully completed a diversion program, can be offered diversion if arrested again years later?

    Answered over 4 years ago.

    1. Matthew Blake Wallin
    1 lawyer answer

    There is no simple (yes or no) answer to your question. You should seek out competent legal counsel, preferably an attorney who is familiar with the court where your case will be heard. Whether or not diversion or a related alternative sentence is offered depends in great part on the surrounding facts and circumstances of your case.

  9. Falsying a police report

    Answered over 4 years ago.

    1. Matthew Blake Wallin
    1 lawyer answer

    PENAL CODE SECTION 148.5 - False Report of Criminal Offense 148.5. (a) Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the Attorney General, or a deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. (b) Every person who reports to any other peace officer, as defined in Chapter 4.5 (...

  10. Can I do traffic school (20 miles over speed limit).

    Answered over 5 years ago.

    1. Ryan Patrick McClure
    2. Paul Samuel Geller
    3. Matthew Blake Wallin
    3 lawyer answers

    The Department of Motor Vehicles (DMV) generally allows a driver to attend traffic school once every eighteen months. The eighteen-month period is counted from the date you received the ticket to the date you receive the second ticket, not from the date you went to traffic school. Completing a DMV or Court-approved traffic school course will erase your moving violation from your driving record. - Matthew B. Wallin - MBW@wklaw.com