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Whalen Montalvo


Advocacy. Service. ​Results.

It causes stress, division, and often, time away from your loved ones. Sometimes, it is the result of an accidental injury. Whatever the circumstance, it takes you away from your normal life and robs you of some joy on your journey. At Whalen Montalvo, our goal is to restore you to your normal life as quickly, as efficiently, and as painlessly as possible.

Let us walk with you through this rough patch ​
and get you back to your life.

Criminal Defense

What constitutes a crime varies state by state, but in all fifty states conviction of a crime can land you serious fines, jail time, and a permanent blight on your personal record—making it harder to find employment, housing, or credit. Of course, that long term future is probably the last thing on your mind as you face the possibility of prison time. And depending on the crime, that prison time can range from a few weeks to years. The good news is that a criminal defense lawyer can come to your aid and represent you in trial.

As we commonly tell our clients, the stage of having been arrested or given a ticket is usually the most difficult stage of a case for anyone. Criminal justice—and in particular defending yourself against criminal charges—is an intimidating process, often unexpectedly uprooting the normal routine of your life and overwhelming you with questions about the future.

A criminal defense lawyer can be indispensable in reducing the severity of your sentence. They can help negotiate a deal or plea bargain with the prosecutor, reducing your sentencing and possibly even eliminating certain portions of the charges against you. A criminal defense lawyer can also help you, even if you are convicted, by setting you up with the programs and services you need to start life over again once your sentencing is over. And of course, there is also the possibility that a good criminal defense lawyer can help you be vindicated entirely in court.

Finding a good advocate, and, as soon as possible, is the first step in a long line of good decisions toward answering those questions, resolving your case and resettling your life. We have prosecuted and defended cases at every state level, from Simple Assaults, Traffic Tickets and DUIs to Armed Robberies, Burglary and Murder. Whatever you are facing, rest assured that you have a partner ready to walk you through this stage and fight hard to obtain the best possible outcome for your case.

Make that first step. We look forward to being your partner throughout this process—fighting for you every step of the way—and helping you regain your life.


DUI Concentration

We have all been told repeatedly not to drink and drive, but sometimes an individual can experience a lapse in good judgement, with disastrous consequences. Suddenly blue and red lights are flashing in the rearview mirror, and you’re reciting the alphabet backward while standing on one foot. Of course, there are worse things that could happen driving under the influence. And while an arrest is better than an accident and/or fatality, it can still pose serious challenges including steep fines, potential jail time, suspension of your license, and a blight on your record. For one night of imbibing and driving, you could be limited in when, where, and how you drive a motor vehicle for years, severely limiting your ability to earn a living.

Yes indeed, a DUI arrest can be very costly. But rest assured, an arrest is NOT a conviction. It is imperative to hire a knowledgeable and experienced advocate as soon as possible to begin working on your case. If your license has been suspended as a result of your arrest, an experienced advocate can try to help you regain it. We will use our years of training and experience to limit the costs to you, get you back on the road as soon as possible, and back into your life. We can fight that fight for you, while taking the stress of your DUI off your mind.

We know DUIs like the back of our hand, having worked on the opposite side of the playing field for years. For Mr. Whalen’s first two and a half years as a prosecutor, he worked under a grant from the Federal National Highway Traffic Safety Administration Program (NHTSA) to prosecute DUIs exclusively. He prosecuted, on average, fifteen DUI cases every two weeks. He also spoke on DUI litigation at multiple law enforcement and judicial conferences, and traveled to Colorado with police officers from multiple upstate jurisdictions and a Chief Judge to receive national DUI training.

That means we have some serious insights and experience on how to deal with DUIs and mitigate their fallout. If you’ve been arrested for DUI, you’ll want to hire an attorney with real world negotiation and trial experience, who knows DUIs inside and out. Let Mr. Whalen put his years of dedicated education, training and experience to work for you.

Personal Injury

As in any case, time is of the essence, and that’s especially true with personal injury. If you delay litigation, you may miss the statute of limitations to recover damages. ​If you’ve been hurt, the clock begins to run on getting you the help you will need, now and for your lifetime to come. The good news is that you don’t go through this process alone.

Personal injury law or tort law comes in many different forms. In general, it involves one party getting injured because the other party failed to act (negligence) or acted. For example, the negligence of a dog owner in keeping their pitbull on a leash in a public park, resulting in a dog bite on the arm of an unwilling victim, would constitute a tort case. Similarly, a verbal altercation at a sporting event that escalated into a full-on fistfight would also find its way to the courtroom.

But these parameters (failure to act or acting that causes injury) leave room for a very broad range of events that can occur in circumstances and settings both personal and professional. A personal guest may find that the stairs to their attic bedroom were rotting, resulting in a fall. A doctor may prescribe the wrong medicine or treatment, resulting in a medical malpractice suit.

Personal injury cases can also have other components aside from the physical injury For instance, in the case of a motor vehicle accident (MVA), in addition to the physical injury, there may be the financial damage of lost work time, or the emotional and psychological damage of the traumatic event. A personal injury lawyer can help you explore all avenues of compensation and maximize the compensation you receive. In some cases, personal injury may even involve the ultimate crime of wrongful death. Though the injured party is gone, a tort lawyer can help survivors reclaim the money they need to defray their own expenses related to the wrongful death, and redress the wrong of losing this person.

​Consultations are free and cases are typically taken on a contingency fee basis, which means no money out of pocket to you. Give us a call: We’ll be happy to chat about the merits of your case and the best step moving forward.


Military Law

Servicemembers work hard to defend this country and guarantee our liberties. Unfortunately this does not make them immune from indictment in military criminal investigations. And in fact, due to the serious obligations of military service and the dangers involved, military law is often more strict than the laws that regulated civilian conduct. That said, a service member facing court martial has due cause to be concerned. They could face fines, penalties, and even the blight on their record of dishonorable discharge. But it doesn’t have to be that way. Working with legal counsel who understands the UCMJ (United States Code of Military Justice) a Soldier, Sailor, Airman, Marine, or Guardsman has a better chance of emerging vindicated from their court martial, or at least with reduced penalties.

As mentioned, there is some serious regulatory structure in place within the United States Military, and it’s meant to keep the six branches optimized as a fighting force. But that means, for instance, strict rules against fraternization between officers and enlisted members. That means a zero tolerance policy for possession of illegal drugs, or even the refusal to provide a urine test. In fact, according to the UCMJ, adultery is a punishable offense. Even a minor violation of the UCMJ can result in nonjudicial punishment (NJP, popularly referred to as Captain’s Mast at sea or Office Hours in the Air Force).

In addition to these strictures, there are also a number of rules governing situations that are only applicable in the military, such as accusations of fraud on travel vouchers or the Basic Allowance for Housing (BAH). Going AWOL (absent without leave) or deserting can also yield serious charges, even if you were urgently trying to address a legitimate concern such as medical, family, or professional problems. This is no time for a regular civilian attorney, but someone who knows the UCMJ. In all these cases and others, a qualified military lawyer conversant with the laws and customs of active duty service can stand with you at your court-martial, even if it requires flying halfway around the world or landing on an aircraft carrier.

Residential Real Estate Closing Attorney

If you are looking for assistance in purchasing your dream home, selling your existing home, or refinancing your current mortgage, Whalen Montalvo is the partner you need to make the process as smooth as possible. The attorneys at Whalen Montalvo pride themselves on providing an experience that is personal and filled with our firm’s guiding principles: Advocacy, Service, and Results. We will work closely with your real estate agent, mortgage broker, and lender to ensure the closing is pain-free for all parties involved. In addition, we are ready and willing to assist and advise in the For Sale by Owner (FSBO) process if you decide it is the best method to buy or sell your home.

Buying or selling your home is an exciting undertaking that signifies a new chapter in your family’s life. However, legally closing the real estate
transaction is complex, which can bring confusion and frustration. The attorneys at Whalen Montalvo understand the stress this process can create, which is why we focus on making it as clear and simple as possible. It is important to us that you feel both confident and positive as you are going through the closing process and when you look back after the closing is complete.

The attorneys at Whalen Montalvo look forward to providing you top-notch residential real estate legal services that will take the stress and worry
out of buying or selling your home. A smooth, error-free closing is our number one goal so you can focus on enjoying the process and planning for your dream home.

Services Provided:

  • Purchases
  • Sales
  • Mortgage Refinancing
  • Home Equity Lines of Credit
  • Investor Closings
  • Purchase or For Sale by Owner Contracts
  • Deed Preparation
  • Title Searches

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