Arrested with hot catalytic converters

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Do I have to prove source of income for funds in Racine County Wisconsin when there’s nothing that ties me to a crime nor the funds?  Was pulled over in Racine county for speeding violation; Not the driver; Narcotics dog was called and allegedly detected narcotics.  No narcotics seized or found traces nothing.  Was in possession of catalytic converters; Nothing stolen nor was from the state of Wisconsin.  Funds was placed under safe keeping at sheriffs department.  Now I’m being asked to provide proof of funds when there’s no crime committed funds aren’t pending confiscation.  I deal in mostly cash business as a sneaker reseller/custom car guy.  Is the burden on me to prove the funds?

Unless you have legal training, talking to the police is dangerous, and my guess is that you might have already might said too much.  The police might also know more that you think, meaning that your “speeding” arrest with a car full of hot auto parts might not have been an accident.  Answering your question, do you need to prove your source of income, the answer is technically "no," but failure to do so might lead to your being charged with a serious crime, after which the government would need to prove your guilt beyond a reasonable doubt, but that might be much easier than you think.  On the other hand, even if you do try to prove your source of income, you could still be charged, and possibly even convicted  You therefore need experienced defense counsel to help you make this decision. 

Fatal Accident, Can Driver go to Jail in WI ?

Fatal Accident, Can Driver go to Jail in WI ? 

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Can I still go to jail?

I was in an accident, and someone wound up dying. The officer said I appeared not to be at fault for the accident but I didn't have car insurance at the time. Could I still go to jail?

Jay K. Nixon

Avvo Rating: 10 , Criminal Defense Attorney in Janesville & Kenosha, WI

 

Yes, if you were found to be intoxicated, fled the scene, or were guilty of several other serious traffic violations, and an accident resulted in any injury, it sometimes could become a criminal offense. Otherwise, there are a large number of civil infractions which do not have a jail option, in which event that answer would be no. Either way, you still need a lawyer, however, just to handle the civil liability and driver’s license ramifications. For example, the DMV would often still try to take your license due to driving without insurance, is many similar scenarios involving the facts that you mention. Either way, we all wish you the very best of luck in resolving this successfully.

DUI 1st in Wisconsin Driving Not Observed by Officer

 

 

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Will I get charged?

Last night a had a few drinks with friends. Someone called the police saying I was driving recklessly but by the time the cops came I was talking to my friend in the middle of the street and I wasn’t moving. They asked me questions and I complied with what they asked I did the test I guess I failed because I was arrested. I was always told that the cops have to read you your write while putting you in the vehicle but they didn’t they did it at the station. At the station they did the breath test the first test came out at .00 then they did it again and it said .15 so I’m guessing is high. It’s my first offense and I’m super scared I got my fingerprints taken and my pictures as well. Sat in the station till 5am after going in at 12:33 am. I just got two tickets and the cop stated that I would be ok because it’s my first offense. On my breathalyzer test my name was spelled incorrectly would that make a difference. I have a court date on Jan 20th does that mean I was charged? I’m so confused.

 

You don’t sound confused to me at all, although the situation is always confusing to the inexperienced.   The .00 test result was probably what they call the "room air blank," where the machine tests the air in the room, which should read zero, followed by a test which should match the lab prepared sample containing a known alcohol content from the WI State Laboratory of Hygiene, in order to make sure that the machine test matches the known sample.   Only after all of that, if the machine passes both of those tests, would they would first test you, and then they would normally test your breath two times, a few minutes apart.  You really need a lawyer to evaluate this evidence and recommend whether you should fight it or negotiate.   Even if you don't fight it, working you through to a resolution with minimal impact upon your long-term driving privileges is a challenge in itself, to the extent that many unrepresented folks never manage to get their licenses back for the rest of their lives.  The  police are not required to observe you driving, whether recklessly or not, if they can also prove cause to stop and the fact that you are legally drunk by other means, such as testimony or admissions by others (most frequently, admissions by the driver himself of driving the car to the location of the arrest).  Regrettably, 1^st offense, civil prosecutions do not implicate the Miranda rule, since even if you confessed or are otherwise convicted, you cannot be jailed for the first OWI in WI (other than for nonpayment of the fine, eventually, after all the time extensions to pay expire).  Either way, we all wish you the very best of luck, but good luck is far more likely with help from seasoned defense counsel. 

Underage Sexting Blackmail Scam

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Jay K. NixonAvvo Rating: 10

Criminal Attorney in Kenosha & Janesville, WI

You are "liable" to these blackmailers only in your own mind, if you are dumb enough to believe them. Odds are, the person on the keyboard who is communicating with you is actually not even a minor but instead an adult, in Nigeria, Eastern Europe, or many other scammer hotspots, some of which do not have extradition treaties with the U.S., and using photos obtained from others Adding to Atty. Ilmanen's great answer, you should do a favor to both yourself and to the rest of society by reporting this. Spare the details unless someone gets back to you but do tell that you are being blackmailed and that it is still ongoing, since the police may want to arrange a sting operation. My guess, however, is that this is probably originating outside the U.S., so that might be complex, but at least reporting will add this one to their database so that they can monitor the gang doing this and warn others, or take further action if warranted. If you are uncomfortable going to your local police, you can report them online at the FBI's scam report website, which is at https://www.ic3.gov/. Due to high volumes of these, don't expect much in the way of response, but do follow up if they get back to you. Odds are, the person on the keyboard who is actually not even a minor but instead an adult in Nigeria, Eastern Europe, or many other scammer hotspots, some of which do not have extradition treaties with the U.S. Another benefit of reporting is that if this gang or the pictures are ever investigated further and your phone number located, the report will prove that you are victim rather than a pedophile.

Following too Close on a Jet Ski or Boat

 

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What can I do if I hit someone on a jet ski and hurt them and my insurance company only covers so much can I file bankruptcy?

Can I file bankruptcy if I was at fault in an accident and my insurance company only pays so much a guy stopped real fast on a jet ski and I couldn’t stop fast enough and hit them causing damage to their jet ski and one person’s leg really bad my insurance company will cover 300,000 but that’s not enough IF they sue to get more can I file bankruptcy and have it cleared

   1 attorney answer

Jay K. Nixon    Avvo Rating: 10 

Chapter 13 Bankruptcy & Criminal Attorney in Janesville & Kenosha, WI

Accidental injuries are generally dischargeable in bankruptcy, but not so much if you were either intoxicated or unusually reckless in causing them.   Following too close, "rear-ender" type collisions, whether in a boat or in a car, informally 100% the fault of the rear vehicle, since you have full responsibility to leave enough of a gap between vehicles to permit a safe stop.  For boats, which lack brakes, this needs to be a lot further than following in a car, with brakes.   Since you hit another vehicle which did not have breaks either, you were probably responsible.  Therefore, your liability sounds very difficult to contest.  Either way, however, if your insurance is looking insufficient in any respect, you are in dire need if independent legal advice on your option, which might include addition other insurance companies to the lawsuit, or other parties who were potentially at fault.    In addition to that, however, you need to consult with a bankruptcy attorney as well, and we all wish you the very best of luck!

 

Clearing up a WI Bench Warrant from out of State

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How can I clear a bench warrant in Wisconsin?  I lived in Wisconsin for a year, and while I was there I got a traffic infraction that resulted in a court date. By the time the court date came I was already back in Florida. I just realized I still have a bench warrant there and I need to get it cleared for professional reasons. I was told that I have to show up in person. That would mean flying up there, which is not feasible as I have small children. Is there another way to take care of this?

Jay K. Nixon; , Avvo Rating: 10 , Criminal Defense Attorney in Kenosha, WI  

You need to retain a WI Attorney to schedule a court date or resolve the matter in some other way. That attorney will likely have far better luck than you with this, and potentially avoid the need for you to return from Florida to WI. Bench warrants are general forever, otherwise, and the passage of more time is hardly likely to improve the situation. You also face a new charge of bail jumping for not going back to court, which needs to be resolved, but which resolution is highly "doable" with the right expertise at work for you.

Resolve Active Arrest Warrant Cases Before Addressing Official Misconduct Concerns

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Resolve Active Arrest Warrant Cases Before Addressing Official Misconduct Concerns

Do I have a valid lawsuit against probation officer violating disclosure?

I am/was on probation from 2019 till currently. At some point my mother had contacted the probation office to speak to my probation officer about me coming to visit her in Michigan (my probation is in Wisconsin) My probation officer told me that she was communicating with my mother and even made some sort of arrangement for me to visit her. Written or oral consent was never given to the agent to disclose this information. Anyway a few weeks later my probation officer incorrectly assumed I missed a probation meeting, so she ended up informing my mom, incorrectly, that I had missed a report date. My mother was sent into an anxiety attack and contacted my siblings voicing her undue concern. After this I stopped going and communicating with my probation officer. My privacy, as well as my family's peace were disturbed by this. I was later arrested on a probation violation and when I reported to the agent the reason I was not in communication with my officer was because of the mistrust of my PO, the next day I was released with no instructions to report and since have not been contacted by the DOJ. Do I have case?

 

Answer by:

 Jay K. Nixon

 

Avvo Rating: 10, Criminal Defense Attorney in Kenosha & Janesville, WI

You have one good answer already from Atty. Fenton, but I would just add that your PO is not the same as your doctor or lawyer, in terms of confidentiality rules. Instead, a PO is more like a policeman, who is obligated to have you arrested and prosecuted if you violation the rules, and in the process, "tell all" in terms of your behavior, as well as that of the folks with whom you associate. More importantly, however, is there now an active absconder warrant out for you? I would check, and then deal with that before worrying about PO misconduct claims. Although you can pursue those as well, you will need to do so from jail or prison if you don't keep your PO happy. It is extremely hard to win revocation cases based upon "absconding," which these days can be nothing more than a missed zoom meeting or phone call with your PO. The sooner you resolve it, however, the more likely it is to be more or less forgiven. Quite the opposite is true if you just ignore it until you randomly get picked up--you, after which you could end up sitting in jail for months before the PO even takes any action.