OWI Refusal Ticket Written on Speeding Ticket Form

 

https://www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html

 

Citation for refusal for blood test written as speeding ticket, can I get refusal conviction dropped?

2 citations issued, I paid one. (The mislabeled one). Defaulted on the speeding ticket.

 

Jay’s Answer (Attorney with 40 years of experience and offices in Kenosha & Janesville, WI)

Refusal convictions are much worse for your future insurance, driving privileges, and ignition interlock requirements than 1st offense drunk driving tickets, and they expire after only ten days, with draconian consequences for you. You therefore need to gather your papers and bring this confusing situation to a seasoned criminal/traffic lawyer as soon as possible, while he or she can still help you. Writing tickets on the wrong forms can sometimes be used to your advantage if you employ the right legal talent, but all alone, such errors are hardly a "get out of jail free" card. The government is usually allowed to amend its mistakes and move on unabated with your prosecution. You should therefore get off the internet and get a lawyer if you want to protect your future.

HELOC & Second Mortgages After Bankruptcy

 

https://www.avvo.com/legal-answers/authorized/heloc-dilemma--should-i-try-to-settle-or-will-we-s-4992316.html?answered=true

Heloc dilemma? Should I try to settle, or will we start a massive problem?    Went through a chapter 7 in 2007 because of a dissolved business. The credit unions assets went to another credit union during the 2008 credit crisis. No contact for 13 years with the new credit union. Now looking at new business ventures and want to work on issues from the past. Have 215k equity in the house now. Afraid of stirring up a hornet’s nest owe 50k on the Heloc from 2006 but don't want to get foreclosed either. Any thoughts on what to do. I'm assuming...

No lawyer could intelligently advise you without first seeing a title report on your property.  My experience is that clients rarely understand or recall what they signed over the years, so their understanding as to junior liens such as HELOC's was wrong as often as not.  Some have ended up with as many as three or four junior mortgage liens, all of which survive bankruptcy. Even though the personal claims of the lender against them were normally discharged in past bankruptcies, the property liens don't go away, until after a foreclosure by a first lien holder, which is the only thing that can clear the title of all past claims. Unfortunately, at present, your "equity" might only exist in your imagination.  Junior lien claims against property are just as strong as first mortgages, so if the first is paid off, the junior one (which might have been the HELOC), moves into first place, and will need to paid in full with interest before you can ever sell or refinance the property, just like a first mortgage—there is absolute no difference between them legally, other than the issue of who recorded with the register of deeds earlier.  Chapter 13's, however, can sometimes strip away junior liens which exceed the property's value, causing more junior one to be declared unsecured, so that is what you should investigate.

OWI 4 years Ago in North Dakota Now Revoking New WI DL and CDL

 

https://www.avvo.com/legal-answers/authorized/what-do-i-do--4989883.html

 

What do I do?    I had a DUI in North Dakota in December of 2016. I live in Wisconsin. The penalty was 90 days loss of license. Wisconsin gave me my license back after 90 days and I never had SR22 insurance. I can’t get my CDL back until I carry that for a year. Except now my insurance company is dropping coverage because they found out about my DUI that’s almost 4 years old. Wisconsin messed up and gave me my license. . .

Jay K. Nixon

 

10 reviews    

Licensed for 40 years

Avvo Rating: 10

Criminal Defense Attorney in Janesville & Kenosha, WI

608-851-2101

  Message

Since your problems all started in N. Dakota, you will need to go back there to solve them, and it may not be easy. Reopening is rarely allowed on any criminal cases, but particularly not on OWI cases, so this would be an extra a tall order. With any luck, however, there might be some easy requirements which you can still now satisfy in order to reduce your revocation time, such as an AODA assessment and related rehab, but I would post this under North Dakota law hoping for better guidance. if you have pending WI charges like OAR relating to this, however, you should retain experienced WI counsel as soon as possible, since that offense usually carries substantial jail when the reason for the revocation is an OWI related conviction. either way, I wish you the best of luck.

 

Brother Locked Up for Missed Court Appearances While in Jail in Other Counties

 

https://www.avvo.com/legal-answers/authorized/my-brother-was-denied-bond-home-monitoring-in-pre--4988072.html?answered=true

My brother was denied bond/home monitoring in pre-trial. What others avenues do we have left available to try to get him out?

His Kidney is failing currently operating at less than 40% and we are trying to get him on the donor list. Also on the grounds that the prosecutors and district attorney denied him bond and home monitoring because they claimed he absconded once before which is false. He was in CUSTODY IN ANOTHER COUNTY for 8 months where he turned himself in as soon as his probation officer texted him to let him know that he had a warrant. His case has been a revolving door of public defenders who have apparently little knowledge and are not cross referencing info since the case involves 2 counties.

Jay K. Nixon  10 reviews, Licensed for 40 years, Avvo Rating: 10 Criminal Defense Attorney with offices in Janesville & Kenosha, WI,  608-851-2101    Message

ANSWER: With any luck, seasoned private criminal counsel might be able to get him humanitarian relief or bond modification from the court, simply by telling your same story, but also by including all of the proper documentation of your claims from the official records of the jail, the court and notes from his medical providers. In these days of electronic court appearances, this should be easier than ever, avoiding the need for personal appearances in each county. Failing that, formal motions to modify bonds or sentences in each county would be counsel's next avenue for achieving justice for your brother. In multi-county matters like this, your scenario here has been all too common for many years.

Can Probation Officer Regulate Romantic Relationships?

 

https://www.avvo.com/legal-answers/authorized/can-my-probation-officer-tell-me-i-can-t-be-in-a-r-4988330.html?answered=true

Can my probation officer tell me I can't be in a romantic relationship?

My friend that I'm getting to know we have known each other for a few months, and she has No criminal background. She is a behavioral specialist and has her stuff together.

Atty Jay K. Nixon, 10 reviews, Licensed for 40 years, Avvo Rating: 10, Criminal Defense Attorney in Janesville, WI

Yes;  for better or for worse, your PO has legal powers and discretion to control your personal life in ways which may not relate at all to your offense which are truly God-like, any time they believe that other lifestyle changes are needed for your rehabilitation.   The most common example about which people complain is requiring total sobriety, but probably the 2nd most common is in their ability to control relationships, and even employment.   The good news, however, is that you can always avoid all this by rejecting probation and simply serving your jail sentence.   If that is potentially a long sentence, you might have to pick the lesser of two evils.   It is, nonetheless, possible to appeal PO decisions within the Department of Corrections system, so talk to a lawyer ASAP if you feel that you might want to fight this.  

Trooper Clocked a Different Car than Defendant's, Officer Error

 

https://www.avvo.com/legal-answers/authorized/can-a-citation-be-dropped-if-it-has-wrong-informat-4988425.html?answered=true

 

Can a citation be dropped if it has wrong information listed?                  I was pulled over for supposedly doing 96 in a 70. I was not but refused to argue with the officer, I took my ticket and said I will just appear in court. Once I was home looking over the ticket I found it wasn’t my car listed, different year, make and model. A completely different car, same color. (Grey) Can I fight this? I honestly believe he clocked a different car. I was not completely aware of my speed but for sure I wasn’t doing 96mph. I had just missed hitting something in the road which made me slow down to miss the object.

 

Answer by Atty. Jay K. Nixon, Licensed for 40 years, Avvo Rating:10, with offices in both Janesville & Kenosha, WI

Any ticket is worth contesting, just to let your attorney try to get you a better deal with less impact on your insurance and points, but this one, even more so.  On a busy interstate with traffic flowing at 80 mph for more, picking one grey car from a pack of grey cars might be difficult, as this mistake demonstrates.   That being said, I would still recommend having counsel handle this, since you have probably already harmed some of your own interests with this posting,  and will probably continue to degrade your own case through amateur mistakes if you proceed pro se.   While the government should really dismiss this, they certainly still have a viable option to still pursue it, but probably under theories of guilt other than the radar reading (such as via your own admissions, odometer pace, etc.).   I have actually seen very comparable prosecution moves in past, that were still followed by convictions.

Fictitious Publication Relating Murder of a Living Person

https://www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html

Would it be a "criminal threat" to write a fictional account of killing a real person?. . .to write a detailed, fictional account of hypothetically killing someone who you know actually exists? . . . the story would be written in the past tense, . . . didn't actually do it. On the other hand, it could instill fear in them which seems to be one prerequisite for a threat (or harassing-type behavior). Brandenburg v. Ohio doesn't seem applicable, though it's related. Would it matter if the person is a public figure?

 

Jay’s Answer

[Jay K. Nixon, Criminal Defense Attorney with Offices in Kenosha & Janesville, WI]

Hypotheticals are not real cases, so you could never get a real answer until you tried this in real life, and then asked a court to rule on it (possibly while you were sitting in jail, awaiting that answer). I agree that details would matter, and particularly, the details as to how it was intended to effect this living "victim." For example, making the ex-wife of the author the "victim," particularly after a nasty divorce, could certainly constitute criminal harassment, threats to injure, or extortion. Permission from the victim would probably help, and I would recommend getting that in writing; and, like many things in the law, legal problems stemming from this would tend to be complaint driven. If nobody cared or complained about it, I doubt that much would happen in the legal system because of the story.  If a tree fell in the forest and nobody heard it, there wouldn’t be a sound.  Here, if nobody read it, there would also be no “sound,” at least not when “legally” speaking.