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Matthew Edward Williamson

Matthew Williamson’s Answers

1,154 total


  • Can I obtain the footage of me allegially commiting a battery at a casino?

    Can I get that footage from the casino? I just pleaded not guilty and I think the footage would really help my case out.

    Matthew’s Answer

    Yes, you can attempt to get the footage - do it sooner than later. Don't wait on this or you may very well be sorry. The local DAs office will probably not be helpful in getting it (I deal with them regularly and if they think it's going to hurt their case they have a tendency to ignore) - but you don't have to go through the DAs office, you can have your attorney subpoena it as already discussed - let me be clear on this DO NOT EXPECT the Monterey County DAs office to get it!...Have your attorney get it ASAP!

    Matthew Williamson

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  • Is this considered discrimination?

    I request a permission from my supervisor to launch a project to provide my departments with study materials as preparation for our students before the last test. in my request, I told him that I will work at home without pay (as contribution), h...

    Matthew’s Answer

    I agree with Attorney Malosack Berjis's answer and would add the following: Look to any employee handbook you might have that might be able to address this issue - sometime,s although not discrimination under the regular definition of the law Attorney Berjis's rightfully mentions, it could be a violation under the actual rules where you work.

    Good luck with your situation

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  • Can I be convicted of a 242pc battery even if I made no physical contact with the man?

    I was drinking at a local casino, he asked me to leave I thought it was because he thought I cheated he told me he was going to take me to the back and beat me up. when he tried pulling me off my seat I swung and missed by a mile. He called police...

    Matthew’s Answer

    One thing to consider - this case probably does NOT have to go to trial - I disagree with my fellow attorney's answers (sorry guys).

    Why you might be wondering - simple, most casino's have a lot of video. In fact, I know of no casino in the US that is not covered with video - just get hold of the videos - if what you are saying is true, it will probably kill off the case and lead to a dismissal - even if it shows assault, it means the victim "lied" and the DA's office most likely won't want to take it to trial unless they are dumb.

    In summary, save yourself the trial, hire a good attorney and have them get the video(s). The goal should be a dismissal (possible even a motion for factual finding of innocence) the easiest way possible - the trial is the hard way.

    Matthew Williamson

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  • My friend got a DUI 2 years ago - now received a payment due over $600 from Ca Hwy Patrol for their time. Is this legal.

    She is still paying court fines . How can Calif. Hwy Patrol wait almost 2 years to bill her for their time. This was a single car collision when she hit a pole which she paid to get fixed.

    Matthew’s Answer

    Since an accident was involved, it's probably legal - HOWEVER, double check the hours involved, the CHP has exaggerated their bills in the past on several of my client's cases - it's probably not going to be cost effective to hire an attorney for this (they might be able to save you a few hundred, but it would probably cost you at least that much).

    Good luck with your friend's situation.

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  • My lawyer goes absent without telling me

    My lawyer went on vacation and based on that I was deposed before the plaintiff. This has given the plaintiff some advantages. I can't prove that I am damaged by this type of incident but this has happened again. It is driving me crazy. He j...

    Matthew’s Answer

    Hello,

    I'm slightly confused - was your lawyer present for your actual deposition and the real complaint is that you were deposed before the plaintiff (with lawyer present)?

    If it's just that you were deposed first, it may be a tactic that your attorney is planning on using to your advantage - I've used it myself in the past to great advantage. Talk to your attorney about it - if someone else is paying your bill (i.e. an insurance company), then you may want to talk with them about switching attorneys if you are not satisfied.

    Good luck with your situation.

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  • Advice on meeting with an irs agent

    please give advice on what and what not to say when meeting with an irs agent for the first time.

    Matthew’s Answer

    First, you don't always need an attorney - depends on how much money is involved and the issues (if it's $2,000 max you're going to owe and no allegations of fraud - under reporting, income, etc. and you haven't committed any crimes, etc), then you are probably fine because the costs of having an attorney present will probably be more that what you owe.

    Second - to answer your question...don't volunteer anything! Read up on the rules of what they can and can't ask. Do NOT show up early (be on time).

    Third - if it is a lot of money at stake, then at least go over the issue with a tax professional first to get help (AVVO general questions on what to say is NOT a substitute).

    Good luck with the situation.

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  • Caught with dui and possession of marijuanna

    I was driving home from work last night and i got pulled over due to my broken head light, officer came up and smelled the marijuanna that i smoked 20 minutes ago and gave me a dui test. somehow i failed the test because i was very nervous. i had ...

    Matthew’s Answer

    QUICK AND IMPORTANT:
    Here is the deal - and I'm very disappointed that no one has mentioned this yet - they gave you two tickets for the same set of facts - they are NOT allowed to do this (think of it as a form of double jeopardy) and if you ack correctly, quickly, and aggressively, you may be able to get the DUI dropped without an actual trial! You are required to do a lot of things right now to do this (notify the prosecutor's office correctly, etc).
    The possession is a dumb case (fine only), but the DUI, pot only, is extremely hard to prove from the facts you've given (my office regularly gets this type of case lowered significantly) - but you are not in our area and going to you area is expensive.
    Ask any attorney you are considering hiring:
    1) What is the best defense to a pot only DUI?
    2) How many POT only DUIs have you taken to trial, or at least the actual first day of trial? Example...we take a lot of cases to first day of trial for Pot only DUI, but they always seem to settle the day of trial if it's an inexperienced prosecutor on the other side, or settle much earlier for much better than a DUI with a prosecutor that has experience with taking these to trial against an experienced DUI/pot attorney.
    3) What are they specifically going to do for you to attempt to get the charges reduced?
    4) Do they think you should settle for a wet or dry reckless and why (the correct answer is dry or better)?
    Good luck in your search - attack it now!

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  • The county sheriff held onto my papers I needed served because I said I was "thinking about cancelling them"?

    Is this alright for them to do? I paid for my county sheriff to serve papers to someone, but they were taking far too long, so I said I was thinking about cancelling them and hiring a process server. The sheriff's dept. told me to cancel, I would ...

    Matthew’s Answer

    Sounds like they are not sure what it is exactly that you want them to do...serve or not serve. You need to make it clear to them what you want. They are known for being slow.

    Good luck with your situation - they aren't always known as being customer friendly.

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  • I do private stripper events and dance in california but i dont have sex or anything other than strip and dance...is it illegal

    23 year old female that works as private event dancer and stripper.Never been arrested or had any criminal background

    Matthew’s Answer

    As a general rule - no - assuming many, many factors. Where you stip, age of customer(s), do you need a business license in your area, etc. You'll have a difficult time getting your answer here with such an open ended question. If this is going to be a real business, then you should probably seek the advice of a local attorney in your geographic area to protect yourself - consider it an investment.

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  • Im 19, and I Was just caught with petty theft this morning at Wal-Mart I stole an item of $16

    Its my first ever misdemeanor or anything bad period. The cop cited me and told me I have to appear in court on the 12 of July. I definitely don't want this on my record, what can I do beforehand of the court date to better my chances of this not ...

    Matthew’s Answer

    First of all, at 19 years old, you're not considered a Juvenile anymore - you are an adult under the law and are going to be treated like an adult in court.

    As has been said, unless you hire a private attorney, you'll need to be in court on your court date. Do NOT try to contact the district attorney's office and attempt to keep it off your record.

    Being a local attorney it starts like this - depending on your last name will determine which courtroom (judge) you will be assigned to, depending on the judge and the prosecutor assigned to that court will determine how you handle the case. At minimum go with the public defender. There are some things that might be able to help you avoid the misdemeanor charge - you definitely don't want a theft conviction following you around - many of the better jobs run background check specifically looking for convictions relating to dishonesty or theft and that is what this charge falls under.

    Good luck with the situation and remember to get an attorney, even if a public defender (PD)- don't be upset if they aren't at your beck and call because PDs carry a high case load - but they are there to help you.

    Matthew Williamson
    Monterey, Salinas, and Santa Cruz California

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