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Questions Answered by Christopher Walsh
2 Answers | Asked in DUI / DWI for California on
Q: I got pulled over for a taillight and was given a field sobriety test and then a breathalyzer, which I blew under twice

They wanted to then give me another breathalyzer test, I refused. Was taken for blood test and then while being booked they found a small amount of cocaine in my purse.

I ultimately passed the blood test, now they are charging me for a controlled substance.

If I was being arrested... View More

Christopher Walsh
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Christopher Walsh
answered on Jan 7, 2024

In this scenario, it will come down to whether or not the police actually had a valid basis to arrest you for the DUI in the first place. If the police had probable cause to believe you were under the influence of alcohol and/or drugs, then the arrest would be proper and the cocaine that was later... View More

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2 Answers | Asked in DUI / DWI for California on
Q: DMV case was set aside in CA DUI. I have a question about how the DUI classes req. by my criminal case affect that.

I got a DUI in California and I’m required to do a 9mo DUI program.

I didn’t read my paperwork well after court and I’m finding out I’m behind on the deadlines they gave me to start.

On my court paperwork it says that I had 7 days to enroll in the program which I missed.... View More

Christopher Walsh
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Christopher Walsh
answered on Jan 2, 2024

Congratulations on prevailing at the DMV Administrative Per Se Hearing. That makes your pathway a little easier. A lot of folks do not realize that when you get a DUI, you have two battles you are facing, and potentially two DMV suspensions: one from the criminal side, and the other is the DMV... View More

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3 Answers | Asked in Construction Law, Criminal Law and Real Estate Law for California on
Q: Urgent: Seeking Legal Representation in Corporate, Construction, and Criminal Matters

Hello

My name is Jackie, and I represent [Company 1]. We urgently require legal counsel and representation. We would greatly appreciate it if qualified lawyers could review our case. If you believe you meet the criteria and can assist us, please get in touch.

Background:

On... View More

Christopher Walsh
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Christopher Walsh
answered on Oct 8, 2023

Sometimes there is an overlap between civil disputes that can cross over into the area of criminal law. This very well could be one of those situations and depends upon specific circumstances. Typically, in a civil case the disagreement is about money, or a contractual dispute over terms agreed... View More

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2 Answers | Asked in Criminal Law and Wrongful Death for California on
Q: why is there no charge of homicide only arson.

Father was dating a girl, her x who is out of jail on bond Riverside county for assult on person with firearm (not on father) committ's an arson on father residence in twentynine Palms then drives 40 miles to another residence father has, starts a fight father 61 yrs old collapes and dies at... View More

Christopher Walsh
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Christopher Walsh
answered on Sep 4, 2023

As a former homicide prosecutor who has handled these types of situations, I can tell you that there is likely an active investigation still on-going into the homicide. Often, when prosecutors can file a serious felony right away (such as arson), they will do that in order to keep tabs on a suspect... View More

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2 Answers | Asked in Criminal Law for California on
Q: In a criminal case in CA why would discovery exchange need to take place in court; so far it’s happened outside of court
Christopher Walsh
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Christopher Walsh
answered on Sep 3, 2023

Discovery in a criminal case usually starts out informally outside of court. The government is obligated to provide what they have to the defense in a timely manner. The defense can request specific discovery informally and the prosecutor is supposed to provide it generally within 15 days. If there... View More

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3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for California on
Q: Is it violation of due process rights for a magistrate to allow an officer/"witness" a break to get off the stand and

Make a phone call in the middle of cross examination to his supervisor to see if he was indeed post certified to testify under 115 on an unavailable witnesses behalf?

Christopher Walsh
PREMIUM
Christopher Walsh
answered on Mar 1, 2023

A magistrate is given a lot of discretion in situations like the one you've described. It sounds like the officer was probably newer and unfamiliar with the issue. Almost any police officer who is a sworn peace officer and has completed a law enforcement academy would be qualified to testify... View More

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2 Answers | Asked in Criminal Law for California on
Q: Can you be arrested for probation violation, when you've been off probation for 2 yrs
Christopher Walsh
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Christopher Walsh
answered on Jan 10, 2023

The short answer is no. However, you should be careful. If you had any violations in the past, it is likely that the court may have extended your probation term. Also, if you have more than one case there can be overlapping terms. Often times someone will be on "informal probation" still... View More

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1 Answer | Asked in Criminal Law for California on
Q: If my adult son has failure to appear warrant for vandalism/trespass & is living at home with us, can we be arrested?

My 23 yr old son was arrested in Santa Barbara for vandalism/trespass & was in jail for 3 days & released. He has an untreated & un-diagnosed mental serious illness & drug problem which he has refused to receive help. He is currently living in our home. If he continues to refuse... View More

Christopher Walsh
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Christopher Walsh
answered on Jan 5, 2023

It's not likely that you would face any type of criminal responsibility for your son living in your home (under most circumstances) based on what you have described. There are two potential crimes that I'll discuss.

First, aiding and abetting a crime. In order to prove the crime...
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2 Answers | Asked in Identity Theft, Criminal Law and Domestic Violence for California on
Q: how do I, safely, get protection from a girlfriend who fraudulently made her my DPOA and has repeatedly forged my sig

This girlfriend sent the fraudulent DPOA document to my employer and interfered with my employment very badly. The day I learned I had lost my job due to my employer needed more information and repeatedly called the girlfriend who grunted in response and hung up. She has done a lot aof damage and... View More

Christopher Walsh
PREMIUM
Christopher Walsh
answered on Jan 3, 2023

If your girlfriend forged your signature and created fraudulent documents that caused you injury, then crimes have been committed (identity theft, forgery). The whole issue will be proof. It will be important to gather any documents or evidence that you have to show what took place. There are a... View More

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