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Paul Jeffrey Wallin
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Paul Wallin’s Answers

33 total

  • We got caught shoplifting but I was innocent. Pay civil demand?

    My brother and I were detained by Kholes LP for allegedly shoplifting. My brother was guilty but I definitely wasn't. They don't Have any video or anything that shows I was shoplifting. My brother stole couple items and left it in the bottom of my...

    Paul’s Answer

    The law provides that the "victims" in a shoplifting case are entitled to be paid up to $500 by the perpetrator of the theft. You have not been convicted of anything and may not be. My advise would be to pay nothing. The odds are low that they will come after you and sue you for this $500.

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  • Restraining order and potential accomplices?

    We moved into the neighborhood about 2 year ago. My family was being harassed by the neighbors. We decided enough was enough, currently have a restraining order against them. From a far they mock us(with hand gestures), we ignore it though. Many o...

    Paul’s Answer

    You are in a difficult legal position. Unless you can prove that the neighbors you have obtained a restraining order against are involved in some way in violating the terms of the restraining order it is not likely the police will arrest them if you make a police report.
    As to the other neighbors the problem you face is that we are a "free speech" nation and it is not likely you would be able to get a restraining order against anyone for making false allegations against you or your family members. You could of course file a civil lawsuit for defamation or slander if you can determine who is making these false allegations. You should consult with a lawyer that files lawsuits for people in your situation to obtain more legal advise. Best of luck.

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  • Is Criminal attorney in my sons best interest? He was arrested for slapping his girlfriend.

    No prior record. Pleading guilty and remorseful. They share a baby he's been unable to see. Were told there would be court ordered anger management. Just want to deal with the situation the best way possible.

    Paul’s Answer

    A domestic violence conviction carries serious consequences. The conviction can impact your sons ability to gain custody of his child in the future. He will be facing the possibility of jail time as well as a required 52 week batterers program. Without a doubt he should consult with a criminal defense attorney in his office before making a decision as to the best way to proceed with his case. Once he pleads guilty it will be very difficult to set that plea aside so tell him to speak to an experienced criminal defense lawyer now. Good luck.

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  • Plea agreement signed, sentencing date is 6 months from pre trial. Is our attorney aloud to extend the sentence date?

    6 month time given to pay restitution, can the sentence date be extended by our attorney? If so under what circumstances? Please don't refer me to my attorney, I kindly ask for you're opinion on Avvo. Thank you.

    Paul’s Answer

    Whether or not your sentencing can be continued will depend upon many factors specific to your case. IF you have made a good faith attempt to pay a portion of your restitution then that is a good sign in your favor. If you have been disabled and unable to work and thus unable to make restitution then the judge should hear about that. Your lawyer can file a motion to continue sentencing and provide all the reasons why this is being requested. Then it will be up to the judge to decide. Possibly your lawyer can speak to the DA well before the current date and see if he will agree to a continuance and if that happens the judge will likely go along with their agreement for a new date. Best of luck.

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  • What are the consequences that will happen to me will i be charge?

    I filed a domestic violence report against my boyfriend that he socked me. His lawyer told him for me to say that i was drunk and i do not want to talk about it. when i went driving to the police station and parked right in front.

    Paul’s Answer

    Lying to the police is a misdemeanor offense. In addition if you lie in court and the DA can prove it then that is a felony perjury charge you could be facing. The DA has the burden of proving the case. If you are subpena'd to testify you have certain legal rights that do not allow the judge to put you in jail for refusing to testify. This is because you are the alleged victim of domestic violence. You should seek out your own lawyer in this situation because you need to protect yourself. If a lawyer or the defendant is asking you to lie that information can be brought to the attention of the prosecution or the court. Good luck.

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  • Would it be legal for my mom, who is married to my dad, my siblings and I to move without his consent?

    My dad is an alcoholic and becomes very controlling when drunk. We are a family of 5, and we are all over 18 but 2 of us are full time students, I don't have a job at this point. One of my brother has a chronic disease therefore needs a lot of he...

    Paul’s Answer

    Legally since all of the chldren are 18 years of age or older all of he kids in your family and your mother can move anywhere they choose to move. You do not have to provide your father notice or even tell him where you are living if you believe he is violent or dangerous.
    However, at the same time since you are all adults your father likely has no legal obligation to support any of the children any longer unless either of the 2 that are full time students are in high school and have not turned 19 years old.
    Your mother could seek a divorce and in that divorce matter could ask that your father pay her spousal support due to her inability to work. I hope this information helps but you may want to speak to a family law attorney in your city.

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  • He was arrested but no criminal charges?

    I am trying to get a restraining order on my ex-husband as he has been making threats and stalking me. I was told by legal aid to go to the courthouse to get copies of any criminal charges he may have. He has been arrested 2 times in the last 60 d...

    Paul’s Answer

    If you are in fear for your safety and have specific facts and reasons as to why your former husband is a threat to you, prepare the required documents and file for a restraining order and have him served. The court is likely to grant you a temporary restraining order and then set a full hearing date about six weeks later. In the meantime if he violates the restraining order you can notify the police and he will be arrested.
    In addition you could file a police report and they could submit it to the DA and if the DA files charges he will likely be arrested. As part of the crimnal case it is likelly a "criminal protective order will be issued to restrain him from coming in contact with you. Both of these options could potentially work in your case depending upon your specific facts.

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  • Illegal to NOT destroy prescription drugs?

    Prescriptions were properly prescribed to the user. User keeps it after discard date. User does not have a reason to medically need it. There any illegality to hold it in the medicine cabinet (without using it)?

    Paul’s Answer

    As the other lawyers have stated it is not illegal to keep properly prescribed medication after the expiration date has expired. It is not illegal to keep in anywhere in your home including the medicine cabinet. As the other lawyers have suggested if you were to take the medication after the expiration date the potentcy is greatly reduced or non-existent

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  • Mom Co-sleeping with 8 years old

    Our son he suffer from Asthma , I believe from Nocturnal asthma as well which is common. He told me his room gets too cold and he sleeps in his mom bed, we are currently in custody battle and she is refusing to allow him to stay overnight ...

    Paul’s Answer

    • Selected as best answer

    If you believe that your child's emotional well being then you need to contact your child's therapist and the minor's attorney to bring this to their attention. You love your child and only want what is best for him. However, whether it is appropriate it for his mother to sleep in bed with him has to be determined by the experts taking into consideration all of the factors involved with your son and his mother. It seems your case is very contentious and you should be speaking to your lawyer who can guide you step by step as to all child custody issues. Best of luck

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  • How can I go for custody while the other party is incarcerated?

    I have been fighting for custody of my 3 year old daughter for over a year now and her bio father was recently arrested for DUI and Burglary, he was also arrested last year in Sept for disorderly conduct and has yet to pay his fine. The last court...

    Paul’s Answer

    Whether you will be able to obtain sole legal and physical custody will depend upon many factors. You dont say whether or not the father is in custody or is out on bail pending his trial. Generally, the court will want both parents to have an ongoing, "healthy" relationship with their child. The fact that the father has been arrested for DUI and burglary as well as disorderly conduct will merely be one factor the court will consider. If he was driving with your daughter when he was arrested for DUI that would be very relevant. If the DUI is indictative of a serious drinking problem that could impact his ability to properly care for your daughter. The "facts" related to the burglary and "disorderly conduct" will be relevant if they relate to his parenting ability.
    Other issues that will be important in the courts decision is the fact that he has not seen your daughter for 3 months. If he has been out of custody and there is no good reason for his absence in her life that will likely be VERY important to the court.
    There are two issues here. Legal custody and Physical Custody.
    Normally the court will grant joint legal custody so both parents can make the best decisions as to all issues that impact the health, education and welfare of your child. However, if you can show to the court that the father is not capable of speaking to you and making these decisions or has extremely poor judgment or will be in jail, then the court could grant you sole legal custody.
    Physical custody is another story. The court will normally grant a parent some visitation with a child unless you can convince the court that it is in the best interest of your daughter to only have monitored visits with her. This will depend upon what facts you can present that would indicate he might be a danger to her. Definitely you need to retain an experienced family law attorney in your city who can help you. This is much too important for you and your daughter to try to do this without an experienced attorney fighting for you and your daughter

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