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Matthew Blake Wallin
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Matthew Wallin’s Answers

26 total

  • I was pulled over today for no apparent reason. The officer told me that my music was too loud.

    The crazy thing is is that my girlfriend called me seconds before to tell me there was a motorcycle officer waiting at the bottom of the hill, so I turned my music down before I even saw him. I drove by him with my windows down and my music low, ...

    Matthew’s Answer

    An officer cannot legally stop a driver unless he or she can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law.

    Pursuant to the 4th Amendment of the U.S. Constitution, every citizen has a constitutional right against unreasonable searches and seizures. This means that the police cannot stop your car or order you to pull over unless they have a reasonable suspicion that you committed or were about to commit a crime. There are certain times, however, when the police can in fact make a random stop that may seem unreasonable to you.

    Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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  • What is the penal code for a DUI with a BAC of .2 ?

    I am trying to do an expungement from 2006 DUI misdemeanor of .2 BAC and don't know the violation of section or the code, basically I don't know the answer to question 1 except for the date.

    Matthew’s Answer

    Usually in a DUI case, you will be charged with two separate criminal offenses: Section 23152 (a) of the California Vehicle Code, driving under the influence; and, Section 23152 (b) of the California Vehicle Code, driving with a blood alcohol level of .08% or higher.

    Section 23152 (a) is driving under the influence. The offense is basically defined under California law as “driving a vehicle while you are under the influence of any alcoholic beverage and/or a drug.” The essence of the offense is that you were unable to safely operate your vehicle because you were impaired due to alcohol and/or drugs. Please keep in mind that a charge of “driving under the influence” is not the same thing as “drunk driving.” You do not have to be drunk in order to be convicted of driving under the influence.

    Section 23152 (b) is defined as “driving at or above the legal blood alcohol limit of 0.08%.” This offense is different than the (a) count above in that it does not matter how well or poorly you were driving the vehicle, just that you were at or above the limit.

    You can only be punished for one of the crimes listed above because your actions only constituted one continuous act.

    Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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  • Is a plastic tube considered paraphanalia even though you can't smoke or snort or inject any type of drug with it?

    I'm being charged with possesion of an opiate pipe and I want to dispute this because I had no pipe but the officer is saying that the rubber tube I had in my pocket is considered paraphanalia.

    Matthew’s Answer

    It is unlawful to possess any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking specific controlled substances. Possession of drug paraphernalia is covered by Health and Safety Code Section 11364.

    NOTE: It is legal to possess paraphernalia until it is used or intent to use is shown. To show specific intent to use, there must be the presence of evidence of prior use (e.g., residue).

    Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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  • How to go about getting a misdeamenor expunged from your record

    i was convicted of a misdeamenor in 2006 it is now affecting me getting a job how do i go about getting it expunged from my record

    Matthew’s Answer

    If the court granted you probation, and you successfully completed that probation, then you will likely qualify to expunge the criminal case at the end of the period of probation.

    Successful completion of probation means that you (1) served the time on probation, (2) paid all your fines and restitution, (3) attended your court dates, (4) didn’t commit any new crimes, (5) and completed any conditions of probation that the court imposed (such as CALTRANS, community service or counseling).

    You should contact an attorney to ensure that the documents are prepared and filed properly and to handle any objections from the district attorney or judge.

    Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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  • What is PC1192.7

    Accepted a plea bargain reduced from PC245(a) (1)

    Matthew’s Answer

    Serious Felonies Within the Meaning of California Penal Code Section 1192.7.(c)

    (1) Murder or voluntary manslaughter;
    (2) mayhem;
    (3) rape;
    (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person;
    (6) lewd or lascivious act on a child under 14 years of age;
    (7) any felony punishable by death or imprisonment in the state prison for life;
    (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm;
    (9) attempted murder;
    (10) assault with intent to commit rape or robbery;
    (11) assault with a deadly weapon or instrument on a peace officer;
    (12) assault by a life prisoner on a non-inmate;
    (13) assault with a deadly weapon by an inmate;
    (14) arson;
    (15) exploding a destructive device or any explosive with intent to injure;
    (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem;
    (17) exploding a destructive device or any explosive with intent to murder;
    (18) any burglary of the first degree;
    (19) robbery or bank robbery;
    (20) kidnapping;
    (21) holding of a hostage by a person confined in a state prison;
    (22) attempt to commit a felony punishable by death or imprisonment in the state prison for life;
    (23) any felony in which the defendant personally used a dangerous or deadly weapon;
    (24) selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code;
    (25) any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person;
    (26) grand theft involving a firearm;
    (27) carjacking;
    (28) any felony offense, which would also constitute a felony violation of Section 186.22;
    (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220;
    (30) throwing acid or flammable substances, in violation of Section 244;
    (31) assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245;
    (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Sections 245.2, 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246;
    (34) commission of rape or sexual penetration in concert with another person, in violation of Section 264.1; (35) continuous sexual abuse of a child, in violation of Section 288.5;
    (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 12034;
    (37) intimidation of victims or witnesses, in violation of Section 136.1;
    (38) criminal threats, in violation of Section 422;
    (39) any attempt to commit a crime listed in this subdivision other than an assault;
    (40) any violation of Section 12022.53;
    (41) a violation of subdivision (b) or (c) of Section 11418; and
    (42) any conspiracy to commit an offense described in this subdivision.

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  • What is the penalty for trespassing in California

    There's a videogame convention in California. It's open to press, but not to public. If one was to get in somehow, and get caught inside, could that person get arrested or would he be simply asked to leave. Person would not disrupt anything, or do...

    Matthew’s 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, you may receive up to 180 days in county jail, $1000 fine, probation, community service, CalTrans, stay-away orders, and/or restitution.

    Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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

    intersection has red light cameras. they sent me pictures of me making this turn.

    Matthew’s Answer

    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 as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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

    I have no prior record, not even a traffic ticket in past 15 years. The investigating detective feels that with my clean record, that I likely will not serve any jail time and will be released on O.R. Bail is set at $500. What are the likely outco...

    Matthew’s Answer

    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 reduction in the charge and/or sentence. Understand that petty theft, although a misdemeanor, is considered a crime of "moral turpitude." A conviction of a crime of moral turpitude can be very damaging to your future.

    Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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

    On 03/04/10 I was driving on the San Francisco 19th Ave (1) road. I was almost infront of the SFSU and I got pulled over by a police officer on a motor bike. There was SFSU students protest so I saw many officers in the area. The officer who pull...

    Matthew’s 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 with the county and court your case is pending out of.

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

    I live with my disabled grandmother and am legally assigned by Medicare as her caregiver. I cook, clean, help her in and out of the shower etc. Can I get house arrest for a 3rd dui in this situation?

    Matthew’s Answer

    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 criminal defense attorney about your circumstances as a caregiver (legally assigned by Medicare) and your care for your grandmother who is disabled. Your attorney will advocate on your behalf, in an effort to secure the alternative sentence of house arrest.

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