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Paul Jeffrey Wallin
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Paul Wallin’s Answers

33 total

  • Can I withdraw a guilty plea due to poor representation.

    I plead guilty to a charge due to lack of information of explaining things by my attorney. Who determines if a person is eligible for house arrest. How can I apply for house arrest when my attorney failed to request this at my attorney. I have min...

    Paul’s Answer

    Most courts do permit house arrest or other alternatives to straight jail time. Normally this request is made at time of sentencing. If your lawyer did not make such a request you can retain a new lawyer who can go into court before your surrender date to make sure a request.
    The court will consider all of the reasons you are asking for house arrest. A good reason that is often successful is the need to take care of your children. Is there any other caretaker to watch your kids while you are in custody. The court will want to know this.
    If the court does not grant house arrest most courts have many other options to straight jail time. You shouild immediately confirm with an experienced criminal defense attorney in your city who can advise you as to what options may be available for you. You should act immediately to increase your chances of success. Good luckl

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  • Is it possible for judge to NOT demand I return child to home state? If I left out of state with child and his father filed.

    Never married never been to court. I just moved to Las Vegas. Child is staying with paternal grandmother in CA which is his home state. It's been a hassle for me to try and bring my baby with me without being threatened even though I have that rig...

    Paul’s Answer

    A child must live in California for 90 days before California can take jurisdiction. Since it appears your child has lived in California for an extended period of time then California has jurisdiction over all issues of custody. If you take the child to another state, you would have to check with that state's laws as to how long your child would have to reside there before you could bring an action in that state to establish your child custody rights in that state.
    The problem you face is that if the father files in California to have you return the child to California before you have been in Nevada (or another state) for a long enough period of time the court might require you to return with the child to California. However, it doesn't appear that the father has been the primary custodian of the child and that is a good thing for you. IF you have further questions you should speak to a child custody lawyer in the town where your son resides who is familiar with these issues. Good luck

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  • Is my current schedule for custody considered 50/50?

    Currently our schedule is as follows, I have her from Saturday mornings when I pick her up til Tuesday morning when I drop her off to school. The father has her from Tuesday after school around 5pm till Saturday morning when I pick her up. My daug...

    Paul’s Answer

    It appears from what you describe you are receiving 50-50. However, to be certain you should meet with a lawyer in their office in the county where your case is pending. Too much is at stake to "gamble" and go into court without all the legal knowledge you might need. You can always go to a family law website for a law firm in your county to find one that is well qualified. You can then check their AVVO rating before you meet with them. Good luck

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  • Was court ordered to a year long program and left because it was unbelievable, the staff even advised me to leave

    there were drugs guns no order corrupt staff no ethics, im trying to get into another program but there are no beds. i waited in jail for 30 days for a program to pick me up for my next court date to come and still being in custody, the judge was ...

    Paul’s Answer

    What you need to do is to get the letter you have to your lawyer immediately. The lawyer can present that letter to the judge and hopefully that will help. In addition I would write out a very specific and detailed statement as to exactly what the conditions were like in the facility. Making generalized statements will not help you...Saying "Corrupt Staff" and "no ethics" means nothing to a judge. You need to be clear and specific as the facts that lead you to that conclusion. Good luck.

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  • What should i do if I have a relative in jail right now being held with a 600,000 bail and being charged for child endangerment?

    6 count to cruelty to children

    Paul’s Answer

    Your relative is facing many years in custody if he or she is convicted. The bail of $600,000 is well above the normal bail for this offense and indicates that the DA believes this is a very serious child endangerment case. We have been successfully defending those accuse of this crime in San Bernardino for over 30 years. Our office is across the street from the court house.
    The first step is to call us or go to wklaw.com and then come into our San Bernardino office so we can arrange to meet with your relative in custody. We would then review the discovery and then be in a position to properly evaluate his defenses.
    We look forward to helping you.
    Wallin and Klarich

    Paul J. Wallin

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  • I need professional knowledge on a very serious case please

    My brother and fiance were charged and convicted of multiple counts of robbery stemming from an illegal poker game. There was a person that knows my brother and his girl and they told the police that they did it. They were subsequently arrested an...

    Paul’s Answer

    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.

    Best of luck.

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  • Do i have to sign a ticket

    do i have to legally sign a speeding ticket for it to be valid

    Paul’s Answer

    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.

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

    i was caught growing marajuana before i met a girl who is now pregnent with my child we dated for a while and she left. she wont talk to me and im worried she will try to get full custody and win it without a problem. i dont smoke pot anymore and ...

    Paul’s Answer

    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 you live as that will be the best advise. 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 legal advice, nor does it create an attorney-client relationship.

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

    I was off the highway driving home a small scooter I got for my kid and it doesn't even qualify as a motor vehicle by the DMV's criteria (6 inch wheels, lawnmower engine and they don't have plates). How could I get my driving w/ a suspended licens...

    Paul’s Answer

    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 prosecutor and maybe they will dismiss the charges. However, you need to speak to local counsel immediately so you can be 100% sure of where you stand legally before you go to court.

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

    My husband went to Georgia to work for a few month and while he was there he got into some trouble. Our money is tight and he is currently unemployeed so to send him there for court and/or possible jail time, it is hard to get him their. So my que...

    Paul’s Answer

    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 legal advice, nor does it create an attorney-client relationship.

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