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Paul Jeffrey Wallin
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Paul Wallin’s Answers

33 total

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

    My daughter is nineteen and does not have enough money to pay for a lawyer, is it possible for her to be assigned a public defender to help her with her second time petit larceny arrest? How would she go about applying for one if it is in fact pos...

    Paul’s Answer

    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 a local criminal defense attorney to ask them directly about the procedure. 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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  • Can an employer still pull up fingerprint records if the charge is dropped from your criminal history and the rest is clean?

    I was caught stealing as a minor. My case was defered, dismissed and closed. It is still in my history and I want it closed. After I close it will the agency I work for still be able to see it on my fingerprint background when they do it?

    Paul’s Answer

    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.

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

    WAS CHARGED WITH THREATENING A PERSON WITH IT (MENACING) THEY UP GRADED THE CHARGES TO D FELONY

    Paul’s Answer

    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 attorney very soon.

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

    I anticipate being a "line crosser" in a strike situation, and have heard first hand accounts from other line crossers about the picketers/strikers throwing cups of coffee at cars, slapping cars with placards/signs as the line crossers pass. To w...

    Paul’s Answer

    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 force to defend yourself.

    As to taking videotape, of course that is permissible and you can turn that evidence over to the local police department and they will determine whether a crime has been committed upon you or your property. Hope this helps.

    Good 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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  • Advice on Criminal Mischief Case

    My 14 yo son and 2 friends walked to a junk yard by our house. No signs, fence, dogs, etc. When they came thru woods police were there saying they got a call from someone in next bldg. that boys were on junkyard property. Boys admitted to being...

    Paul’s Answer

    From what you have said it appears that the lawyer for your son should be able to obtain this "discovery evidence" you speak of. However, from your question it doesnt appear that your son has a lawyer defending him in court. Hopefully in your state, a lawyer will be appointed for your son, if you cannot afford to hire one for him.

    My advise would be to immediately contact a local criminal defense attorney in the County where you reside and ask for their guidance. You should not be going to court without the expert advise of a criminal/juvenile attorney so you can make the right decisions on your sons behalf.

    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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  • What's the best defense against a citation for parking at a wrong angle?

    I received a citation ticket for parking towards the curb, instead of away from it at ~10p on a weeknight in Capitol Hill. I plan to contest this ticket and subpoena the officer. I might argue a) that there was no sign on the street about which ...

    Paul’s Answer

    You should consult with a local criminal defense attorney in Seattle on this matter. Every traffic court is different and local lawyers will likely know what valid defenses there are in the court you are going to that will help you prevail on your case. Some of the defenses you claim seem like they might be very good possible defenses to the charges. However, what might work and what wont work will be a question you definitely should ask of a local lawyer. 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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  • If you bail out of jail is it true that you have to provide your own lawyer for you own defense, what if you are on low income

    my daughter was charged with two feloney counts of assault with a dangerous weapon and one count of malicious vandalism to personal property a misdamenor against her daughters father, he later dropped the charges the DA picked it back up.My daught...

    Paul’s Answer

    In every state, there are different rules relating to when someone can receive a court appointed lawyer. In most states the standard is whether the person "can afford to retain their own lawyer" or not. The fact that your daughter bailed out of jail does not mean in most states she would not be able to get a court appointed lawyer. IF she does not have the ability to pay for a lawyer then the court will likely be required by law to provide her with a lawyer.

    The charges against her appear to be serious and you should consult with a local lawyer to find out what the fees would be to defend her so you have a clear idea if in fact you cannot afford a private lawyer before her. You then could discuss with that lawyer the local rules in your State regarding whether she will be able to be provided with a court appointed lawyer at little or no cost to her. 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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  • Procedure and consequences for public disorderly conduct charge

    I got charged with public disorderly conduct about 1 1/2 ago but i was only a passenger. my friend was driving and we came up to a road block he was arrested for dui but the charged me with pdc because i couldnt find a ride home. what can i do

    Paul’s Answer

    Tge answer to your question depends upon whether you were prosecuted for the crime. If you were prosecuted, did you have a lawyer when you went to court? Did you plead guilty? If you plead guilty you should consult with a lawyer in Fort Mill, where you apparantly reside to discuss the possibility of moving to withdraw your guilty plea. Every state has it own specific laws and that is why you need a local lawyer to assist you.

    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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  • Defense witness who does not want to lie

    I am a witness for the defense. I spoke with the State's Attorney months back. The case is now going to trial. There is information I withheld that I don't want to on the stand. Can I go to the State's Attorney prior with this?

    Paul’s Answer

    This is a very sensitive situation.
    Withholding information when you are questioned by a prosecutor is different than giving false information.
    You should be fine if you speak to the State Attorney and clear things up and explain the "whole truth to them". Then when you testify you can answer everything openly and honestly. However, remember you will not be deciding what questions you will be asked. The State Attorney will ask the questions and you will only have to answer questions truthfully.

    You definitely should go to the State Attorneys office and clear this up before you testify.

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  • What is the fee for a defense attorney specializing in Federal criminal drug cases?

    My son was with a girl who was pulled over with 10,000 pilss of escasty in Nevada in Dec 2008. Her car he was driving. She said it was his not hers and now we have to hire an attorney to prove his innocense. What at the fees? They want 150,000 ju...

    Paul’s Answer

    Federal criminal defense cases can be costly in terms of legal fees. However, you will likely want to seek out a highly experienced criminal defense attorney who practices in Nevada. This will save you money because that will avoid paying for travel time. If you wish our law firm to refer you to an experienced lawyer in Nevada that we work with feel free to contact us.

    Paul J. Wallin
    Wallin and Klarich

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