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Matthew Blake Wallin
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Matthew Wallin’s Legal Guides

34 total

  • The DUI Suspension from the DMV

    (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

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  • Two Types of Driver License Suspensions for DUI

    #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

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  • Defenses Used to Fight Drunk in Public Allegations

    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

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

    [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

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  • What does the CA prosecutor need to prove to that I am in VIOLATION OF PROBATION?

    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

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  • How Do Prosecutors Prove a California "Simple Assault" Under Penal Code 240?

    #1 The defendant did an act that by its nature would directly and probably result in the application of force to a person; #2 The defendant did that act willfully; #3 When the defendant acted, he was

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  • What Kind of "Agreement" Amounts To Criminal Conspiracy In California?

    [1] Two or more persons came to an "understanding" to do a criminal act... When evaluating the prospect of criminal allegations of conspiracy, consider whether some sort of agreement (formal or info

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  • Orange County DUI - Criminal Process - MUST READ!

    Vehicle Stop - Did the officer have reasonable cause to stop your vehicle? (1) License & Registration = required by law; (2) Officer’s Questions & Admission to Drinking = voluntary; (3) Field Sob

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  • EXPUNGING CRIMINAL RECORDS: Step-by-step

    Why Would You Want An Expungement? It can be difficult to get a job with a conviction on your record. Many employers must carry insurance on their employees, and insurance companies often refuse to i

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  • I Was Arrested & Released... NOW WHAT?

    I Was Arrested, But Released On A Citation... NOW WHAT? Some police agencies will "cite and release" an individual for minor misdemeanor offenses (including petty theft, under certain circumstances).

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