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Matthew Blake Wallin
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Matthew Wallin’s Answers

26 total

  • I am under home detention for a DUI in Arizona. Can I be released from my sentence early?

    I have a court appearance in two weeks and will have served four of my six month sentence. I have been working through all my alcohol classes and through community service requirements as well.

    Matthew’s Answer

    Our criminal defense firm is based out of California - it is best to consult with an attorney who is experienced in the court your case is pending out of. Below is some information you may find relevant.

    Under most circumstances a sentence that is imposed by a court upon an individual can be modified or changed during the period of probation. Wallin & Klarich has been successful in modifying terms of probation for their clients. The typical situation would involve reducing the jail time previously imposed by the court or changing a condition of probation i.e. (no contact orders changed, travel restrictions lifted, probation transfers to other counties or states, etc.)

    Many times there has been a change of circumstance with the client or an unexpected situation arises that can create "good cause" for the Judge to modify their previous orders. Making restitution, attending a counseling class or perhaps a death in the family can prompt a Judge to change their original orders. Judges often will look at and evaluate a case differently then they did when they originally imposed sentence. We also have been successful modifying probation so a client can spend the balance of his jail time under house arrest or on a weekend work program.

    Feel free to contact Wallin & Klarich (888-749-0034) for a free consultation if you are interested in a sentence modification. Depending on the court and type of case, most modifications require a formal motion be prepared by an attorney and a hearing date set.

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  • What are the consequenses for under the influence of a controlled substance?

    consequences for two charges of under the influence of a controlled substance?

    Matthew’s Answer

    The specific consequences will be different depending on: (1) the courthouse the case is pending out of; (2) the prosecutor assigned to your case; (3) the judge; and of course (4) your attorney. I can tell you generally what you may be looking at, but it is essential you speak with a criminal defense attorney familiar with the court your case is pending out of. We can get you in touch with the right attorey - Call Wallin & Klarich at (888) 749-0034 - www.wklaw.com

    Heath & Safety code section 11550 makes it a crime to be under the influence of a controlled substance. The MAXIMUM PENALTY is generally one year in county jail and a $1,000 fine. You may be entitled to enter a drug program rather than being sentenced or serving time jail (either PC 1000 or Prop 36). Upon completion of the program you would entitle you to earn a dismissal of the charge against you.

    Because you have two charges pending you need a knowledgeable defense lawyers who can discuss your options with you.

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  • Am i facing jail time for a 1st degree misdemeanor?

    i have no priors, the kid i got in a fight with turned out to be 17 years old. I am 19. we both hit each other . he went to the hospital.

    Matthew’s Answer

    Ohio's Misdemeanor Penalties

    Misdemeanor 1 (M1) Maximum Sentence of 180 days $ 1,000

    Misdemeanor 2 (M2) Maximum Sentence of 90 days $ 750

    Misdemeanor 3 (M3) Maximum Sentence of 60 days $ 500

    Misdemeanor 4 (M4) Maximum Sentence of 30 days $ 250

    Minor Misdemeanor (MM) None $ 150

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  • Procedures for expunging prior criminal record in CA

    all the private data bases have been nice except (integrascan), the guy is rude , Iwant my personal info removed & the old expunged case removed

    Matthew’s Answer

    Where available to persons who have been arrested or convicted, expungement does not happen automatically, and is never guaranteed. A person seeking to have an arrest or criminal conviction expunged from their record must usually fill out an application or petition, and submit the paperwork to the proper criminal court for a judge's review and decision. In most jurisdictions, a fee must be paid in conjunction with the filing of the application.

    The expungement process can be complicated. For example, some jurisdictions require an applicant to deliver (or "serve") papers on district attorneys, while others require the applicant to prepare the legal document (or "Order of Expungement") which will be signed by the judge. In some cases, a court hearing is required, after which a judge will decide whether to grant the expungement.

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  • What is the financial criteria for when a public defender can be assigned to the case?

    Is there a maximum amount of income a defendant can make to utilize a public defender.

    Matthew’s Answer

    Each court and county is different. Generally, if you are not able to hire a private attorney the judge will ask you if you intend to hire an attorney, or if you are requesting the Public Defender be appointed to represent you. The court will make an inquiry as to your financial resources,. Often you will be directed to complete a financial evaluation form - disclosing your income and assets. Based on your financial evaluation it will be determined whether a public defender will be appointed. Ask the court and public defender's office in the court your case is pending out of for further, more specific, details.

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  • Can I get an MIP a 5 months after the incedent?

    My friend got pulled over for speeding and we had alcohol in the back seat. We forgot it was there from the night before and the cop obviosly saw it. She got a speeding ticket and an MIP but was not arrested or breathalized. She is now going to c...

    Matthew’s Answer

    Prosecutors in the District Attorney's office have discretion (within certain statutory limitations) as to when to file charges. It does not have to be immediately after an arrest. Therefore, it would be a good idea for you to speak with a qualified criminal defense attorney before making any statements regarding the case or the alcohol.

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