Paul Jeffrey Wallin's Answers

If my car is being assaulted (with me in it) by thrown cups of liquid/slapped by picketers, to what degree is defense allowed?

Our law office is in Tustin, California and we are familiar with local laws that pertain to self defense of property. In general you are entitled to use "reasonable force" to protect yourself if you feel that your personal safety is in jeopardy. If the matter goes to court it will be a "reasonable person test". What this means is the jury would be asked whether a reasonable person in your situation would feel their personal safety was being placed at risk, and if so you can use reasonable...

Criminal Defense Attorney

Our law firm has defended persons accused of child sexual abuse for almost thirty years. The one thing we have learned is your loved one needs to hire a lawyer in the county where the charges were filed. If you cannot find a lawyer on your own you should contact the local "bar association" in the county and ask for lawyers that have extensive experience in this highly specialized area of law. Best of luck. Paul J. Wallin Wallin an dKlarich

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How could I get a case for driving with suspended license dismissed if I wasn't driving a 'motor vehicle'?

In every state there are specific laws that pertain to what is and what is not a "motor vehicle" for purposes of needing a license to operate the vehicle on a highway. You need to consult with a local criminal defense attorney who can tell you 100% for sure whether you are correct. If you are correct then you can hire that lawyer to attempt to get the charges dropped. If you do not have funds to hire a lawyer then you can appear in court and plead not guilty and discuss the case with the...

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How would one go about getting a public defender for criminal court in New York City?

Every state has different laws pertaining to when a person is entitled to a public defender. In general if a person is facing the possibility of jail time (as is likely the case here) then they are entitled to a lawyer. When your daughter goes to court she should advise the court she does not have funds to retain counsel. The court likely will have her complete a financial application and then will determine if she qualifies for a public lawwyer to help her with your case. It is wise to contact...

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Can an employer still pull up fingerprint records if the charge is dropped from your criminal history and the rest is clean?

In most states, if your case occured when you were a minor and it was "deferred" and later dismissed, then it should not appear on your criminal record. If it is still in your "history" then you should contact a lawyer in your hometown and have him pull your file with court permission and investigate what they file it still in your history. Check with a local lawyer as to whether your case was resolved in a manner that should mean that it should not be part of your record. Best of luck....

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I WAS CHARGED WITH MENACING THEN THEY UPGRADED IT TO A CRIMINAL POSS 3RD..(D) FELONY HOW????

A felony charge in most states will potentially subject you to going to state prison. It is critical you immediately seek the guidance of a local experienced criminal defense attorney in your town. This lawyer can advise you whether it was legal to raise the charges you are facing to a felony charge. In most cases the prosecutor can use their discretion to charge something more serious than what you were initially arrested for. However, that is why you need to speak to a local criminal defense...

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I need professional knowledge on a very serious case please

You should contact the local bar association in the county in your state where the case was filed. It is possible that the bar association has criminal defense attorneys willing to take a case on to review it and to see if the plea can be set aside. It is critical you speak to a local lawyer soon as there may be deadlines involved to attempt to withdraw a plea. Not being from your state, I would not be able to give you specific answers but you should contact local lawyers in your area for help....

Do i have to sign a ticket

In most states if you are asked to sign your traffic ticket and you refuse the police officer can take you into custody and you will have to post bail. To be certain you should check with a local Idaho lawyer but when asked to sign a citation you should be very careful before refusing. Best of luck.

I have a baby on the way and im not with the mother could she get full custody based on my criminal record?

In most states the test for custody is what is in the "best interest of the minor child". The fact that you have a prior criminal conviction (if you do) for growing marijuana is not a good thing. However, in most states it would be only one factor in your case and should not be the controlling factor if you have turned your life around and there is no current evidence you are involved in illegal activity. It is critical you consult with a local lawyer in your town to ask them the laws where...

Is it possible to move a criminal case to a different state?

I have been a criminal defense attorney for 30 plus years. I do not know of any law that would allow your husbands case to be transferred from Georgia to South Dakota. However, you should contact a local lawyer in Georgia and see if that lawyer could appear in court for your husband without him having to appear. Best of luck. 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...