Wednesday, July 9, 2014

Know your rights at a DUI checkpoint. Attorney Matt Wallin explains the law behind this popular video.

DUI checkpoints necessarily involve temporary detentions made on absolutely no particularized suspicion of criminal activity. The general rule is that suspicionless detentions are a Fourth Amendment violation

Know your rights at a DUI checkpoint. Attorney Matt Wallin explains the law behind this popular video.

 -Do you have to show ID at a DUI checkpoint? 

-What are "objective symptoms?" 

-Is "being detained" different from "under arrest?"  

-What are the passengers' rights? 

Matthew B. Wallin, Esq.

Thursday, February 27, 2014

Proposed Affirmative Consent Law Aims to Prevent Rape among College Students (Senate Bill 967)

Proposed Affirmative Consent Law Aims to Prevent Rape among College Students (Senate Bill 967)

What the affirmative consent standard requires is not just communication about sex; it's constant awareness that you may be raping your partner if you don't read the signals properly and if you fail to notice that there's some ambiguity to be cleared up. (According to the California bill, "if there is confusion as to whether a person has consented or continues to consent to sexual activity, it is essential that the participants stop the activity until the confusion can be clearly resolved.")

Friday, February 7, 2014

Wallin & Klarich Announces Attorney Matthew B. Wallin Becomes Partner

Wallin & Klarich announced today skilled criminal defense attorney Matthew B. Wallin has become a partner in the law firm. Attorney Wallin will join an esteemed group of experienced lawyers who serve as partners at Wallin & Klarich, including Paul J. Wallin, Stephen D. Klarich and David R. Cohn.

“We are very excited that Matthew Wallin will become a partner at Wallin & Klarich,” Wallin & Klarich Partner Stephen D. Klarich said. “He is one of the most dedicated lawyers in California and we all look forward to working together for a long time to come.”

Thursday, August 1, 2013

The Untouchables: America's Misbehaving Prosecutors, And The System That Protects Them

 The Untouchables: America's Misbehaving Prosecutors, And The System That Protects Them  

"Now even a prosecutor who knowingly submits false evidence in a case that results in the wrongful conviction -- or even the execution -- of an innocent person can't be personally sued for damages. The only way a prosecutor can be sued under present law is if she was acting as an investigator in a police role -- duties above and beyond those of a prosecutor -- at the time she violated the defendant's civil rights. But even here, prosecutors enjoy the qualified immunity afforded to police officers: A plaintiff must still show a willful violation of well-established constitutional rights to even get in front of a jury."

Friday, July 26, 2013

Client Avoids Jail Time After Getting Unlawful Possession Of A Controlled Substance Charge Dismissed (HS 11350(a))

“All of my clients suffer the humiliation of being accused of a crime,” explained Mr. Wallin. “I strongly believe in demanding respect from the criminal justice system that is prosecuting them.”

See more:  Matthew Wallin CASE RESULTS

Tuesday, July 23, 2013

How Can You Defend Those Criminals?

As a criminal defense lawyer, so many times I hear the question asked: “How can defense attorneys defend those criminals – particularly if you know they are guilty?” 

Read the article below for great insight from James P. Gray, a retired judge of the Orange County Superior Court

Friday, June 14, 2013

A person accused of a crime is guaranteed certain rights

A person accused of a crime is guaranteed certain rights to ensure a fair process that produces a just outcome. Those rights include:

  • trial by jury of one’s peers, 
  • the right to have one’s lawyer cross-examine the prosecution’s witnesses to test the truthfulness of testimony, and 
  • the right to present testimony that may show innocence. 
In a perfect world, these rights make certain that facts are subjected to tests, which serve to counterbalance the lopsided battle between the state (represented by the prosecutor) and the individual (represented by the defense). The structure aims to protect against foibles such as laziness and the temptation of professionals to collude - Bach, Amy (2010-08-03). Ordinary Injustice: How America Holds Court (p. 5). Macmillan. Kindle Edition.

Drunk Driving (DUI) Detection

DUI detection generally occurs in three phases.

  1. The first phase is when the officer observes the vehicle in motion;
  2. The second phase is when the officer makes contact with the driver;
  3. The third phase occurs when the officer screens (Field Sobriety Tests) a driver prior to making an arrest decision
In order to successfully defend against allegations of driving under the influence (Vehicle Code 23152(a) and Vehicle Code 23152(b)), a DUI defense lawyer must attack each of the three phases. Often times, law enforcement will fail to properly conduct a DUI investigation. Such a failure may lead to a dismissal of your DUI charges. Make sure to speak with an experienced DUI attorney familiar with the court your case is pending out of

Friday, June 7, 2013

Matthew Wallin Awarded 2013 Top Lawyers in California

Matthew Wallin Awarded 2013 Top Lawyers in California

2013 Top Lawyers in California selected by peer recognition, highest in ethical standards & professional excellence

Tuesday, May 28, 2013

Marijuana, fights, guns: Zimmerman loses key pretrial battles

Trayvon Martin's familiarity with guns, his marijuana use, and fights he may have been in cannot be brought up in George Zimmerman's murder trial, the judge overseeing the case ruled Tuesday.

Read full CNN article here: Marijuana, fights, guns: Zimmerman loses key pretrial battles

Tuesday, May 14, 2013

Got Into A Fight? Charged With Assault & Battery - NOW WHAT? (PC 240 & PC 242)

Got Into A Fight - Charged With Assault & Battery - NOW WHAT? (PC 240 & PC 242)

Assaults can be filed as either a felony or a misdemeanor in California.  Assaults filed as felonies generally involve serious bodily injury and/or the use of a dangerous weapon (guns, knives, etc.).  In addition, your vehicle may be considered a dangerous weapon depending on the surrounding facts and circumstances of your case.  If no weapons were involved and there was no injury sustained to the victim, it's possible the assault will be filed as a misdemeanor and not a felony
involving dangerous weapons such as guns and knives.  Battery is closely related, but not identical, to assault in California. The crime of battery (Penal Code 242) can also be charged as either a felony or a misdemeanor

Understand that being charged with assault and battery does not mean you are guilty in the eyes of the law.  There may not be sufficient evidence to convict you and send you to jail.  There are numerous defenses to assault and battery that may apply to help avoid a criminal conviction.

Wallin & Klarich - California Assault and Battery Defense Law Firm

Monday, May 13, 2013

Am I Guilty Of Battery? California Penal Code 242 Battery

There are three (3) primary elements which must be met for a conviction under California Penal Code 242:

  1. Willful conduct;
  2. By means of force or violence;
  3. Upon another
It is not necessary that you intended to injure the victim.  The force or violence requirement does not mean that your conduct must have cause pain or injury.  Depending upon the facts and circumstances, a slight touch may be deemed a battery if it was unjustifiable. 

What Is The Difference Between Assault and Battery in California? (PC 240 & PC 242)

What Is The Difference Between Assault and Battery in California? 

Assault and battery are not the same criminal offense, they are two separate crimes.  Battery requires some sort of physical contact. Assault does not require actual physical contact.  As such, an assault can take place even when no battery (offensive touching) occurs. You will often here assault referred to as an attempted battery.

Even the slightest unwanted touching can result in a criminal charge for battery under California Penal Code 242. The prosecutor will be looking for facts in the police report which demonstrate that the touching was (1) willful; (2) unwanted, and (3) harmful/offensive. A battery charge is still possible even if the suspect caused no injury to the alleged victim. Depending on the type or degree of injury to the victim, the prosecutor has discretion to file several different criminal offenses.

If there was no injury, it is common for the prosecutor's office to file misdemeanor charges. If the injury caused serious bodily injury, the offense may be charged under Penal Code 243(d) - a battery causing serious bodily injury. If the victim is a police officer, the charge may be under Penal Code 243 - battery on a peace officer.

Matthew B. Wallin

Tuesday, May 7, 2013

California Supreme Court: Cities Have Right To Ban Marijuana Dispensaries

Local governments in California's have legal authority to ban storefront pot shops within their borders, California's highest court ruled on Monday in an opinion likely to further diminish the state's once-robust medical marijuana industry.

California high court affirms local right to ban medical pot shops

Matthew B. Wallin, Criminal Defense Attorney at Wallin & Klarich, Helps Client Get Charges for Sexual Battery Dismissed and Avoid Sex Offender Registration and Jail Time

A Wallin & Klarich client recently avoided the far reaching implications of mandatory sex offender registration due to attorney Matthew B. Wallin’s knowledge and experience handling sexual battery cases in Los Angeles courthouses. Matthew B. Wallin helped the client get the sexual battery charges completely dismissed and avoid spending time in custody.

"I never lose sight of the far-reaching implications of a criminal conviction and the negative impact that a criminal conviction can make on a client’s entire life" - Matthew B. Wallin

Read press release here:

Monday, May 6, 2013

Should I Ever Speak to the Police About a Crime Without My Lawyer Present

Should I Ever Speak to the Police About a Crime Without My Lawyer Present

What You Should Know About DUI Arrests

What You Should Know About DUI Arrests

According to the National Highway Traffic Safety Administration (NHTSA) training manual used to teach police officers how to administer and interpret standardized field sobriety tests, the decision to arrest a citizen for DUI should be based upon a totality of the circumstances. The NHTSA manual breaks an encounter into three steps or phases. 

  1. Phase I is observing the vehicle in motion - Officers are to look for traffic code violations, equipment violations or unsafe driving. 
  2. Phase II is the initial observations of the driver - Officers are taught to rely on their senses to determine if there is probable cause to suspect the driver is impaired.  Officers look for signs of impairment/intoxication: bloodshot eyes, slurred speech, difficulty maintaining balance. They use their sense of smell to detect the odor of an alcoholic beverage.  The officer seeks  admissions of alcohol consumption from driver.
  3. Phase III is pre-arrest screening - In Phase III, the officer administers and interprets a series of field sobriety tests, what I prefer to call police coordination exercises.  The officer may also ask the driver to blow into a portable breath test machine. 
Only after all three phases have been completed has the officer gathered enough evidence to make an arrest decision.

Matthew Wallin

Matthew Blake Wallin’s Peer Endorsements

Matthew Blake Wallin - Peer Endorsements

From: David Wohl, Criminal Defense Attorney in Tustin, CA

"I endorse this lawyer. Matt is an excellent advocate who possess an extraordinary grasp of California criminal law. He's one of those go-to guys for lawyers who have questions themselves. He leaves absolutely no stone unturned in each and every one of his cases. You can be assured that you will receive the best possible outcome on your case if Matt Wallin is your lawyer!"

Matthew Blake Wallin’s Peer Endorsements

Monday, April 15, 2013

Adversarial system of justice - does it work?

Discretion is a hallmark of the criminal justice system; the charging decision is the most important prosecutorial power. It is fundamental to our adversarial system of justice, that the accused have constitutional rights that must be guarded and guaranteed. 

Tuesday, April 9, 2013

Jodi Arias Defense expert is a human lie detector?

This week in the Jodi Arias trial, prosecutor Juan Martinez has been aggressively lobbing question after question at defense witness and domestic violence expert Alyce LaViolette, seemingly in an attempt to rattle her. 

Wednesday, April 3, 2013

Tuesday, April 2, 2013

Jodi Arias - Motion For Mistrial DENIED

April 2, 2013

The always entertaining Jodi Arias jury trial continues today.  The defense's motion for mistrial was denied this morning.  However, Juror #5 was excused from the case.

Read the latest on the Jodi Arias trial here:  Defense argues for mistrial on grounds of juror, prosecutorial misconduct

Monday, April 1, 2013

Jodi Arias' attorneys have filed a motion asking for a mistrial

Jodi Arias' attorneys have filed a motion asking for a mistrial because of juror misconduct. In the filing, Kirk Nurmi and Jennifer Willmott said the juror misconduct was discovered in sealed proceedings that took place last Thursday.

Read more: Jodi Arias trial update: Attorneys ask for mistrial because of juror misconduct

Friday, March 29, 2013

Poor performance on the field sobriety tests

When reviewing an Orange County DUI police report, it is a virtual a guarantee that the DUI officer will allege poor performance on the field sobriety tests.  Michael Jordan, on a good and sober day, could not perform satisfactorily on these roadside field sobriety tests. A minor sway is seen as a complete failure in the eyes of DUI investigators.

"Poor" performance on field sobriety tests (FSTs) can be based on a multitude of factors.  So, a DUI suspect's performance on FSTs is far from conclusive.

Can I Be Convicted of DUI For Bad Field Sobriety Tests?

Field sobriety tests are the cause of much confusion and anxiety for individuals facing charges of DUI VC 23152(a).

For more details on DUI field sobriety tests, visit this link:  Field sobriety tests

California DUI law makes it a crime to drive a motor vehicle with a blood alcohol content of .08% or above at the time of driving

California DUI law makes it a crime to drive a motor vehicle with a blood alcohol content of .08% or above at the time of driving.  The problem for the prosecution is, a DUI suspect's blood alcohol content (BAC) is not tested "at the time of driving" - it is tested (by blood or breath) at some time after the driving during the subsequent and lengthy DUI investigation.

Using the result of the chemical test, a suspect's BAC can only give a range of possibilities as to the BAC at the time of driving.  The suspect's BAC at the time of driving could be higher, lower, or the same - it is far from certain.  A DUI expert can only theorize what it may be, and then only with sufficient information and multiple assumptions. Often times, in an effort to aid the prosecution in securing a California DUI conviction, the state's expert will foster a guess.  A guess? Yes. What ever happened to the presumption of innocence? What ever happened to beyond a reasonable doubt.  Well, that is part of what this blog (Beyond A Reasonable Doubt Defense) is about. Stay tuned.

Matthew Wallin
California Criminal & DUI Lawyer