Matthew Blake Wallin’s Guides

Matthew Blake Wallin

Tustin Criminal Defense Attorney.

Contributor Level 12
  1. What does the CA prosecutor need to prove to that I am in VIOLATION OF PROBATION?

    Written by attorney Matthew Wallin, over 4 years ago.

    Burden of Proof At Probation Violation Hearing? During this hearing, the prosecutor must prove the violation occurred by a “preponderance of the evidence” (more than 50% of the evidence). Notice this

    2 people found this Legal Guide helpful

  2. What does the prosecution need to prove in order to sustain a conviction for Criminal Threats in CA?

    Written by attorney Matthew Wallin, over 4 years ago.

    [1] The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to the victim or the victim’s immediate family; and [2] The defendant made the threat (orally/in writ

    1 person found this Legal Guide helpful

  3. Defenses Used to Fight Drunk in Public Allegations

    Written by attorney Matthew Wallin, over 4 years ago.

    Potential Defense #1 The location was not public. If the police arrested the suspect in a home, hotel room or other private place, there was no "public intoxication"...regardless of how drunk the sus

    1 person found this Legal Guide helpful

  4. Two Types of Driver License Suspensions for DUI

    Written by attorney Matthew Wallin, almost 5 years ago.

    #1) THE COURT SUSPENSION IF CONVICTED OF A DUI IN CRIMINAL COURT, THE CRIMINAL COURT WILL NOT NECESSARILY TELL YOU AT THE TIME OF CONVICTION/SENTENCING THAT A DUI CONVICTION RESULTS IN A MANDATORY S

    2 people found this Legal Guide helpful

  5. The DUI Suspension from the DMV

    Written by attorney Matthew Wallin, almost 5 years ago.

    (1) DIFFERING OUTCOMES IN THE SAME CURRENT MATTER: EVEN IF YOU WIN IN COURT, OR CHARGES ARE REDUCED OR NEVER FILED, THIS SEPARATE DMV SUSPENSION IS USUALLY STILL IMPOSED IF YOU FAIL TO WIN SEPARATELY

    2 people found this Legal Guide helpful

  6. Encounters With Police - Know Your Rights to Avoid Arrest & Conviction

    Written by attorney Matthew Wallin, almost 5 years ago.

    [1] Where a citizen feels "free to leave" and terminate the encounter at will. Here, there has been no "detention" under the law. This falls outside the scope of Fourth Amendment protections prohibit

    1 person found this Legal Guide helpful

  7. What is an expungement?

    Written by attorney Matthew Wallin, almost 5 years ago.

    If the court grants the expungement... If the court grants the expungement, the person’s criminal record is updated to reflect that the conviction has been expunged. California Penal Code §1203.4

  8. Do I qualify to have my record expunged?

    Written by attorney Matthew Wallin, almost 5 years ago.

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

    1 person found this Legal Guide helpful

  9. What makes a felony conviction eligible for reduction to a misdemeanor?

    Written by attorney Matthew Wallin, almost 5 years ago.

    Must Be An Offense Chargeable As A Felony Or Misdemeanor First, the l a “wobbler.” Under California law, a wobbler is an offense that can be charged and punished as either a felony or a misdemeanor.

    2 people found this Legal Guide helpful

  10. 3 Ways to Attack at DMV Hearing and Save Driving Privileges in California

    Written by attorney Matthew Wallin, about 5 years ago.

    ADMISSIBILITY OF THE DOCUMENTS Object: a. foundation; b. authentication; c. hearsay; d. Vehicle Code 13380 - McDonald v. Gutierrez issues NOTE: Attack the arrest • Attacking a w

    1 person found this Legal Guide helpful