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Matthew Edward Williamson

Matthew Williamson’s Answers

1,154 total


  • As the victim, do I have to testify at trial against my boyfriend in a corporal punishment on a domestic partner case

    Although they have attempted, I haven't been subpoenaed, and I didn't testify or attend the pretrial. If I am subpoenaed, what are my options to ensure that I derail the prosecutor's case? Can I refuse to testify? I have a mental health history ...

    Matthew’s Answer

    In addition to the other answers - if you are subpoenaed, there is a good chance it is invalid. Lately the DAs office have been using invalid forms. Have a good local attorney look it over. They do not have the power to force you to the DAs office, as they seem to think they have. Good luck with the situation. Having a lot of experience locally, I know sometimes it can be a real pain dealing with the prosecution, especially with witness issues.

    Matthew Williamson
    Monterey and Santa Cruz

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  • How much time will I serve in Monterey on a DUI sentence?

    I got sentenced for a first-time DUI in Monterey County (Salinas jail). The sentence is 13 days. Any idea how much actual time I'll do?

    Matthew’s Answer

    Quick Note: You are also, probably, eligible for work alternative or home confinement if you don't want to do jail locally. Good luck with your situation.

    Matthew Williamson

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  • What will happen if I dont complete my court ordered aa meetings?

    In thanksgiving of last year I got a ticket for minor possession of alcohol I was 18 by the way so not under 18. I went to court and got 10 aa meetings and I've only completed 4 whats most likly to happen.

    Matthew’s Answer

    Assuming the case was in Salinas, will depend on who the Judge was and when they were due. If you have missed the date and are proactive (go in and ask for an extension) - will probably get one. If you decide to be reactive (wait for them to contact you), you may end up having to do some ugly community service or fine, or CBI class, or whatever the Judge thinks you should have to do, iincluding having a criminal charge on your record that could be dismissed.

    Practicing locally, I'll tell you that it's better to be proactive and fix the situation. 6 AA meetings can easily be done in 2 days locally. You might want to do them and go in front of the judge and present.

    Good luck with the situation.

    Matthew Williamson

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  • Can I bail out my fiancé?? Can the bail amount be reduced??

    I was assaulted by my fiancé. I called the police and he was arrested. He went to court 48 hrs later. His bond is still at $50,000. He is scheduled for 2nd court in 5 days. Am I legally allowed to bail him out since I am the victim. ...

    Matthew’s Answer

    The answers are: Yes, you can bail him out, but do not have contact with him if there is a restraining order. Can the amount be reduced? Possibly, his attorney can ask for reduction at next hearing or schedule a formal bail motion. Good luck with the situation.

    Matthew Williamson
    California Attorney

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  • Claire's threatening to sue if we don't "settle" with their law firm.

    My teenage daughter was caught shoplifting a few weeks ago in California. She is a great kid that made a stupid choice and was terrified when she got caught. The earrings were returned without incident (a total value of about $25). Now we receive...

    Matthew’s Answer

    Here is your best bet - read Robert Marshall's "Civil Demand After a Shoplifting Arrest in California -- Penal Code 490.5" - it's here on AVVO for free and it's the same advice I give my clients in your situation.

    It has the answers you are looking for.

    Matthew Williamson
    Monterey and Santa Cruz County Attorney

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  • Received a pink slip administrative per se suspension/revocation order temp license police why does it feel pointless fighting?

    Received my first DUI with a bac of .16 and property damage. So I have 10 days to call and it feels pointless to call the dmv because I know I'm guilty...and then I have to go to court

    Matthew’s Answer

    Depends on what your goals are. If done correctly, can many times still avoid the suspension. If you are just going to go in, plead guilty immediately, then probably not worth it. I do recomend, since you are in Santa Cruz, to at least talk to a local attorney first, because they may be able to give you some specific advice that could shorting your potential required DUI school from 9 months to 3 and help mitigate other punishment.

    Good luck in your situation.

    Matthew Williamson
    Monterey & Santa Cruz DUI Attorney

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  • What can I expect of A first time DUI offense?

    Drove drunk wrecked my Car on a fence, I had pulled over and was given a ride home but got a call from the officer I had to come back. I came back without my license so was issued a pink slip and got a bac of .16 went to jail for the night and wa...

    Matthew’s Answer

    First of all, the local custom is 5 years probation, not 3. Part of your punishment will depend on your age - also how the accident was handled, and finally was it a home fence vs a fence in the middle of nowhere. There is also your comments to the police and how long of time passed between the accident and the time you came into contact with the police.

    If you are going to get an attorney, get one that is local so they know what is going to happen. You will be in front of one of two judges, one you will want to avoid and a local attorney can help you with that.

    Good luck with the situation - we've been doing Santa Cruz cases for years and know it can be a little confusing, frustrating and scary. Finally, remember, you generally only have 10 days to request a DMV hearing if you want to try and keep your driver's license.

    Matthew Williamson
    Monterey & Santa Cruz DUI Attorney

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  • First hearing

    My boyfriend's first hearing date is coming up soon. Does he have to plea or can he ask for a public defender at the hearing?

    Matthew’s Answer

    Assuming he is out of custody and not getting a private attorney...he'll go to the hearing and fill out application for public defender. If he is eligible the PD will be appointed right there and most likely will enter a plea on behalf of your boyfriend. Also, you need to be careful, if this is for domestic violence against you and there is a restraining order in place and he is in contact with you, it could make it worse. Good luck with your situation.

    Matthew Williamson
    Monterey Criminal Defense Attorney

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  • Does it make sense to hire an attorney? My wife told me that she is filing for divorce tomorrow.

    1) I would like my wife to pay spousal support (she makes approximately $4200 per month and I make $ 2000). Based on my investigation, it looks like a general starting point is: take 40% of your wife's net monthly income, subtract 50% of your mon...

    Matthew’s Answer

    First, getting an attorney will really depend on how much dispute there is. I'd at least see one and have them explain specifically how the assets and debts should be divided under California law.
    Second, don't get too excited about the spousal support - it probably isn't going to be permanent.
    There are too little facts to go into the details re: the checking account, the improvements and the spousal support. If the money can be traced to a source before marriage, then it is probably separate property.
    Good luck with the situation.

    Matthew Williamson

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  • My spouse put me out cause I wouldn't adopt a child. can I get spousal support

    he started verbally abusing me and humiliating me. he knew I was unable to bare children before the marriage. so he made me get out of the home. so can I get spousal support from him.

    Matthew’s Answer

    Besides both of your incomes, another major factor is how long you have been married and is there a valid pre-nup in place.

    Good luck with the situation.

    Matthew Williamson

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