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Matthew Blake Wallin
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Matthew Wallin’s Legal Guides

34 total

  • Sources of Probable Cause to Arrest

    CRIME IN THE OFFICER'S PRESENCE (1) CRIME IN THE OFFICER'S PRESENCE: an officer can always arrest a person for a crime committed in the officer's presence, no matter how minor the crime. Atwater v.

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  • Burden of Proof in a Criminal Case

    The state (aka, "prosecution" or "district attorney") must satisfy the burden of proof necessary for a criminal prosecution. It is important to distinguish the three burdens of proof in court proceedings to understand how much evidence the state must produce to convict a person o...

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  • Timeline and Deadlines in a DUI Case

    Officer Seizes License At time of arrest, arresting officer gives notice of suspension or revocation. See Veh C §§13353.2, 13382 and 23612(f). Issues Temporary License Temporary license is valid fo

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  • Anatomy of a Criminal Case

    Arrest A person suspected of committing a criminal act is arrested. If the target person is not immediately arrested, that doesn’t mean that he or she won’t be. It means that the police are continuin

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  • Referral For Prosecution — Classification of Crimes

    If the prosecutor decides to file charges... A criminal complaint will be prepared and filed with the appropriate court accusing a defendant with the commission of one or more crimes. The complaint

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  • DUI Defense - Rising Blood Alcohol Defense

    Case Scenario You arrive sober to a party at 11:00pm. You attempt to remain sober but decide to enjoy 3 shots of tequila at 1:00am. Right after the shots you decide to leave the party. As you leave y

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  • Phases of DUI Detection

    The first phase is when the officer has a suspicion that a DUI offense is occuring. In phase one the officer must decide whether there is probable cause to stop or approach the vehicle. If an officer

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  • DMV Hearing Following A DUI Arrest - What Are The Issues?

    [1] Did the officer have reasonable cause to believe motorist was driving while under the influence? [1] Did the officer have reasonable cause to believe motorist was driving while under the influenc

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  • How to Fight Your Case Before It Goes to Court

    Goals of a Pre-File Investigation o Prevent filing. o Reduce Charges; ie, felony to a misdemeanor. o Divert allegations into an informal resolution. o Ease clients' concerns about the case. o

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  • DUI Legal Process in California

    Release from Custody Often, you will be released from custody on your signed promise to appear in court at a specified date for arraignment before a judge. If you are a repeat offender or the authori

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