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Matthew Atherton Sullivan

Matthew Sullivan’s Answers

27 total

  • Forms and fees for DUI Expungement in California.

    Hi , I had a DUI a few years ago. Completed all terms of probation including fines and programs. No probation violations. I would like to expunge my record and I would like to know the forms that i have to file and how much would those fo...

    Matthew’s Answer

    You can file a 1203.4 motion to set aside your conviction. Has your probation expired? If not, you will have to also file a motion to terminate your probation early. Both of those motions are more likely to succeed if you have an attorney. I have talked to citizens who have handled these motions themselves. Your success in handling this on your own is really dependent on the county and the judge, and the underlying facts of your arrest. It would probably make sense to contact a lawyer in LA county whom you trust to give you a straight answer as to your chance of winning this on your own.

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  • I'm looking to hire an attorney for my 2nd DUI in Ventura. What could a great attorney do for me?

    2 years ago I got my first DUI. 3 months later I received my second while on probation. I blew a .10 Shortly after everything spiraled out of control. I didn't pay my fines. I didn't complete my DUI program. So I left California and moved to Las V...

    Matthew’s Answer

    I agree with the answer that no lawyer can waive a magic wand and make it all go away. However, if you blew a .10 there are many lawyers in Southern California who handle alot of DUI trials who may be able to assist you in defending your case. A .10 breath test is a winnable case. The breath test machines have a range of error, and it is possible that depending on timing issues your blood alcohol level could have been below a .08 at the time of driving. You should hire a lawyer who has tried DUI cases and has a solid understanding of the science.

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  • I am going to be charged with stealing $120,000 from my previous employer over a few years. I have no criminal record.

    I took the $$ via paying myself more though payroll. When initially confronted I admitted to doing it, but the amount was not known then. I can come up with $20,000 now and can come p with most of it after the sale of a few things. It happened ...

    Matthew’s Answer

    You should retain a criminal attorney immediately in both Boston and San Diego. If an arrest warrant is issued for you, it will help you to protect your rights to have local counsel to turn to in Boston. You should not be discussing facts of your case on a public forum, especially not with the specificity you have used. You are making admissions to a crime on a non-confidential forum. You should only speak to a lawyer. Its impossible to predict if you will be facing jail or prison time. In all cases, that depends on a combination of factors, including the position of the "victim," the harm caused, the sentencing guidelines, the skill of your lawyer, and the view of the prosecutor and/or the court/judge assigned to the case.

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  • If I have a DUI warrant out for failure to appear can I still travel internationally? What about flying throughout the US?

    I have to travel to germany to help my dying grandmother. I am an American citizen but I received a DUI in San Diego have not yet taken care of it. I plan on returning and addressing the issue asap. Will I be able to fly or will I be arrested at t...

    Matthew’s Answer

    You may also face a bar to admission in Germany. I am not familiar with German immigration, but in Canada for example, clients have been denied entry or hassled at the border due to criminal cases. As others have said, if you are not detained in Germany, its more than likely you will be detained and potentially arrested at airport upon re-entry into the United States. I have been receiving reports from more and more clients who have been detained upon re-entry by U.S. customs and extensively questioned, about even minor misdemeanor matters and probationary status--even when their court cases have been resolved and they have successfully completed all probation terms. I have had clients detained during layovers in United States due to local warrants.
    You are better off hiring a San Diego lawyer, getting the warrant cleared, and then traveling. And you still need to make sure that Germany will not prevent you from entering the country with an open DUI case.

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  • Is kissing considered a form a of a sex crime and can it be grounds for a lawsuit?

    The girl is 17 and the guy is 34 and married. The kissing is consented by both the guy and the girl, but the guy's wife is not completely sure what the two have done and wants to get her husband in trouble with the police for cheating on her with ...

    Matthew’s Answer

    It depends on the age of consent in the state of Arizona. I do not practice law in Arizona, and I am not licensed in that state. You need to speak to an attorney licensed in Arizona and one who has experience defending sex crimes. In many states a 34 year old man can be charged with a crime for "kissing" a 17 year old minor. The accused in this case should not be discussing this case with anyone but a lawyer. Often in these types of cases, law enforcement will seek to establish that additional acts occurred including texting or sexting prior to the alleged act at issue. They will seek to discover acts that occurred at earlier times, and any contact will be characterized as inappropriate. In these cases, the accused must be very careful not to be the subject of a pretext phone call, where law enforcement has the minor contact the person to seek to have them incriminate themselves on a taped call. This is an area of law that is very serious, and requires immediate representation by an attorney skilled in this area of law. Its not an area of the law where you want to hire the cheapest lawyer you can find. You want to hire the best you can find when facing these types of accusations.

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  • Have had 3 accidents in 1 year technically my fault. One was a pole avoiding an accident. Do I need attorney for DMV hearing?

    One accident, first rain of season. Car in front of me slammed on brakes because car from other lane made unsafe lane change. One accident I hit a pole because some guy came out from behind a walled in parking lot and didn't even look so I swerv...

    Matthew’s Answer

    If you get 4 points on your license in a 12 month period, the DMV has the write to suspend or revoke your license. It is unclear from your question why you have a DMV hearing scheduled. For each accident that you were deemed at fault, I expect you received 1 point. That would mean you currently have 3 points on your license within a 12 month period. If you get a 4th point here, your license will be suspended. You should definitely hire a lawyer who is skilled in traffic cases and in dealing with the DMV.

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  • Will I have to go to court or wait for charges to be filed?

    My friends and I were in the parking garage after a night at the club when a fight broke out between a couple and the guys that I was with. Initially, I didn't get involved, but when I saw my cousin on the floor getting hit by the female, I went t...

    Matthew’s Answer

    Yes you need a lawyer. You also should not be posting about the "facts" of the case on this site, or any website. You should not discuss the facts of the case with anyone but your lawyer. It sounds like you have a valid defense, and were not the aggressor. However, if the guys that you were with did start the fight, it would be easy for the DA to see you as part of the group of bad actors in this case. It is critical that you obtain a lawyer as soon as possible. Of course the video evidence in this case will be very important. The sooner you can hire a lawyer the better--so that lawyer can seek to obtain any surveillance footage from the parking lot before it is destroyed or erased or copied over.

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  • I failed a test on my inner lock devise and now have a court date. Will they sentence me to jail time?

    I am a second offense offender. I have paid all of my fines. It has been over a year since my conviction. I have sereved time already for this incident.

    Matthew’s Answer

    It really depends on the judge you appear in front of on the day in question. You will need an attorney. State-wide judges have been getting harsher on DUI cases. IIDs, electronic monitoring while out of custody before case is resolved, etc. Its entirely possible a judge could slap you with 60-90 days in jail or more for failing an IID. You need a lawyer to look into whether or not the device malfunctioned or provided some type of false positive. If a judge thinks you are still drinking and driving after a second DUI conviction, yes, they could slap you with jail time.

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  • Do you have to cooperate with a forensic auditor?

    My mother was fired from her job and accused of embezzlement. No charges have been filed. She received a letter from a forensic auditor asking her to contact them promptly. She cannot afford a lawyer. Should she even make contact? Why would t...

    Matthew’s Answer

    Your mother should speak to a lawyer before she does anything else. If she cannot afford one, you can google Fayetteville, AR legal aid, and call Legal Aid clinics until you are able to find someone who can assist. In some counties, there are low fee referral panels. Anything your mother says to anyone about the accusations against her could be used against her. Immediately obtaining a lawyer is critical.

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  • Can a medical marijuana defense be raised in an infraction case when the doctor's recommendation was issued after the fact?

    I'm wondering if there's any precedent of successful defenses for violations of HSC 11357(b) in which a doctor's recommendation for medical marijuana was obtained after the date of the citation if it's demonstrated that the medical issue existed b...

    Matthew’s Answer

    You still maybe able to get the case dismissed if you obtain a valid medical marijuana card and put together your medical records showing that you have a valid medical reason for the medication. In the Bay Area, many judges are willing to dismiss these cases if the party has a medical marijuana card, even obtained after the fact. I understand that you would be obtaining your card after the fact. I would suggest ordering a full set of your medical records that establish that you had a preexisting medical condition. If you were cited with an infraction, the fine is $100 dollars.

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