5th Offense OWI in WI Mandatory Sentences

 What happens with a 5th OWI while on probation in WI? - Q&A - Avvo

What happens with a 5th OWI while on probation in WI?   My mother recently got her 5th OWI, unfortunately she was currently on probation. She was scheduled for probation from march for 3 years. She went and totaled her car while on probation and hit 4 buildings. It is currently December, and with covid they can't really speed up the process. I'm just wondering not necessarily what's going to happen, but what have others seen happen? She claims she is only looking at 6months in jail if not revoked, and if she id revoked, she will sit 18months in prison. The first 4 OWI's were considered...

Jay’s Answer (OWI Attorney with 41 years of experience, and offices in Kenosha & Janesville, WI)

I am very sorry to be the bearer of bad news; the mandatory minimum sentence in the recent past for 5th and 6th offense OWI is 18 months in prison. Those penalties may or may not apply to your mother's case, depending upon the date of her alleged offense; although there is new, even tougher legislation pending which I last heard to be awaiting the governor's signature. Odds are that those new tougher sentences would not apply to her if her date was prior to that law being passed. Either way, however, folks with that many priors usually go to prison rather than the county jail. She is therefore in dire need of seasoned criminal law assistance as soon as possible in this situation.

Waiting 3 years for Promised Conviction Expungement

When will my expungement go through? - Q&A - Avvo 

When will my expungement go through?   My case keeps saying "Future expungement" but its been 2-3 years since I've payed my dues. They said after i payed them my case would be expunged.

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

It is rare for expungement to occur all by itself. I usually need to prepare, serve and file a formal motion and notice of motion, comply with victim notification laws, and only then present the entire case for expungement to the judge during a scheduled court hearing. Having expungement mentioned in your sentencing notes only gives your lawyer the right to set all this up via a formal request; after first jumping through all the other necessary hoops. An expungement hearing is often like a sentencing hearing, in that every aspect of your recent life, character, history, occupation, public service work, and police record, all come into play. The judge only grants the expungement, if, in his discretion, expungement still seems to be in the best interest of society after each of these factors is reviewed and considered. Keeping track of a person's criminal history, rather than erasing it, is in the presumed in the best interests of society and law enforcement; so you need to rebut that presumption. Sometimes it can also be much easier and quicker if the DA agrees to the request, however. Either way, we wish you the best of luck with your request.

Victim Charged After Chasing Out Burglar

 Questions answered by Jay K. Nixon - Avvo

What can I do when my residence is broken into and vandalized, then attacked

A person broke into my house and vandalized it. He then hid in waiting, appearing minutes later from upstairs. A fight ensued and the attacker was thrown out of the house. The police were called and took poorly written statements. I was charged with disorderly conduct! I'm the victim.

Jay’s Answer (Nixon Law Offices, Kenosha & Janesville, WI)

Your explanation gives us no background; don't know if this person was a family member, a relative, stranger or long-term rival, each of which would lead to much different handing by the authorities.  You don’t say if he was also charged with something more serious, like attempting to murder you but either way, your rights will not enforce themselves. Instead, if you don't like being charged, you need to assert your right by asking for a jury trial, with the help of someone who knows how to navigate the court system. If you simply plead guilty, you will have no basis to complain about the outcome later and it will become a part of your permanent record. Either way, posting details online at this early stage, is a very bad idea, since it is sure to be used against you later if you do have a trial, or even at your sentencing if you are ever convicted. Therefore, what you should do is retain a lawyer, and then relate the whole story (and not just the "tip of the iceberg" version that you've given us here) in the privacy of a law office, and afterwards go over options, together with odds for success of each, in the opinion of your well-seasoned trial lawyer; so you can make an informed decision and not some by the seat of your pants while you are angry. Either way, we all wish you the best of luck.

Foreclosure by Ex-In-laws Who Hold 2nd Mortgage

 

https://www.avvo.com/legal-answers/authorized/can-ex-in-laws-pursue-foreclosure-and-take-me-to-c-5061203.html?answered=true

Can ex in laws pursue foreclosure and take me to court if I am in the process of refinancing the house? I am currently refinancing the house that is in my name but my ex in laws hold the note for the house. I pay them monthly and am hopefully closing by the end of January. Due to previous issues with them, I have given them contact info for my lender and have requested them to contact her. They are now threatening to talk to their lawyer about foreclosing on the house because the process is taking too long. It was supposed to be done early fall, however, with Covid and having to restart the refi process with a new lender, it has pushed back the timeline. I am current on payments to them.

Jay K. Nixon  Avvo Rating: 10 Bankruptcy Attorney in Janesville & Kenosha, WI

If this is a short sale, you face difficult challenges with a non-institutional 2nd mortgage holder (your former in-laws). While banks would accept any reasonable offer, an unsophisticated lender may not.  Getting a lawyer into the negotiations might help you a lot, however, since, if you choose a lawyer who does bankruptcies, there are options to also "cram down" junior mortgages holders on upside down properties, if negotiations reach an impasse.  The same procedure can also freeze the first mortgage foreclosure, so long as you remain current with the first lenders payments, so that the total you owe will not exceed the value of the property at the end, and, at worst, give you up to five years to resolve the second mortgage one way or the other.

Fighting a Speeding Ticket by Resisting Arrest

 

https://www.avvo.com/legal-answers/authorized/how-should-i-approach-a-resisting-an-officer-ticke-5060034.html

How should I approach a resisting an officer ticket ? pay it or take it to court?  I got pulled over. First thing on my mind I’m obviously mad at myself for speeding. My second time in 3 months and I’m 18. I have no license but a permit. The officer approaches me, and flashes his flashlight in my face so i swipe it away from my face because I feel that’s rude. he proceeds to call back up. Another officer asks me to put hands on wheel so i jump out the car and tell them I have nothing so stop asking me. They tackle me even though i don’t show any action that I’m resisting. So, they put me in cuffs for speaking my mind and acting irritated about the whole situation.

Answer by Atty. Jay K. Nixon, Avvo Rating: 10, Criminal Defense Attorney in Kenosha & Janesville, WI

Aside from protecting your personal safety during an arrest, by compliance, if you have two moving violations within three months, you are in possible danger of losing your license, and should have a lawyer analyze your record to see if you have that problem. Either way, it is always worthwhile to have your lawyer get you the best possible deal for any moving violation, since they impact your life in many ways, not the least of which are your insurance rates and driving privileges; For any job involving driving, they could affect your employability. In this case however, you added in more serious charges relating to your behavior with the officers, whether or not you deserve it. "Just paying it," may or may not be an option. If it is a criminal charge with a mandatory appearance, an arrest warrant will be issued against you, regardless of whether or not you post a bond. 

During times of civil unrest like these, you were also lucky not to have been shot by an overly nervous officer. In any situation when you are detained, the only intelligent response to any police request is "yes, sir," followed by precise compliance. You are correct that you have a right to remain silent, but basic questions like "what is your name; " are probably better answered. If not, the police are within their rights to hold you until they can determine who you are. The right to remain silent is also ambiguous in civil forfeiture cases like speeding or non-criminal, ordinance resisting arrest, since in civil cases, your silence can be used against you, unlike in criminal cases.

OWI Conviction's Public Visibility After Ten Years

 https://www.avvo.com/legal-answers/will-a-10-yr-old-owi-offense--that-has-fallen-off--5059771.html#answer_10229104

Will a 10 yr old OWI offense, that has fallen off my record, show up on a background check?  In Wisconsin, 10 years ago I got an OWI, first and only one, it fell off my record after 5 yrs, will it show up on a background check?

Answer by Jay K. Nixon,

Criminal Defense Attorney in Kenosha, WI , with 40 years of WI legal experience

Yes, any in depth background check using your fingerprints or checking DMV records will still find this ten year old drunken driving. A more casual check, where the HR Department is doing their own quick investigation, would also find it if it was in the WI circuit court system, which has a public website, but possibly not if it was in a municipal court which usually would not have a public website. The DMV retains OWI related traffic records for life, although rumor has it that they really just look back 30 some years. Even though this one appears to have fallen off your record, you will also get a rude surprise if you have another OWI related arrest during your life, since it will still be 3rd offense, subjecting you to up to a year in jail. There are at least a dozen different levels of background checks, the most intense being for federal jobs requiring T-1, Top Secret Clearance. At that level of intensity background investigation, your fingerprints would definitely be run through the FBI's national crime computer (which keeps all arrests where prints were taken).  On lower end of the intensity scale would be a sole proprietor doing his or her own cursory background check of public records for hiring purposes, which search would probably not find a ten year old OWI which was not in circuit court. If we knew where you were applying, however, we might be able to make a better guess what level might apply to the job for which you were applying. Either way, good luck in whatever you are applying for!

Early Termination Federal Probation for Agreeing to Payroll Deduction of Restitution

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If I get off early release from federal probation only if I agree with us attorney office and sign a garnish direct from my social security

 

Bad things happen on probation; sometimes things beyond your control, when someone from your past reaches out. These can lead to revocation and prison, but once probation is terminated, that risk fades away, You therefore have the choice of gambling future liberty in order to save a little money from your checks. For me, the choice would be obvious, but I have the advantage of having worked doing legal aid in many different prisons, back when I was a law student, and seeing the conditions in them firsthand. You, on the other hand, might very well be buying your own ticket for firsthand tour, if you pass on this opportunity to get "off paper." Either way, think it over carefully before you decide. 

Lifetime CDL Ban with 2nd OWI's ?

 https://www.avvo.com/legal-answers/authorized/can-you-obtain-a-cdl-with-2-owi--5048818.html?answered=true

Can you obtain a cdl with 2 owi?

A friend says hes getting his cdl but has 2 owi's is it possible to get with 2 owi's on your record?

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

Some analysts say that the lifetime costs of an OWI conviction can exceed $50,000. Disqualification from some higher compensated jobs is only one of them, as demonstrated by this example. Others include years of higher insurance rates, and higher interest rates on loans, due to lower credit ratings which such convictions can give you. This is a reminder of why it is often worthwhile to fight one, if your attorney believes there to be a legitimate chance for success.

"3 Strikes" Sentencing for Felonies in WI

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What happens when you have 3 felonies? Someone I know has a pending third felony, will he go to prison for life? he has one for methamphetamine and the one pending is also for that. the third is for bail jumping.

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

While WI may not have a formal "3 Strikes" law, it could be almost that bad for older defendants, or any whose life expectancy doesn't exceed the sentence. Leniency does not increase with each "strike," but rather the opposite. 3rd felony convictions (assuming separate arrest dates) might therefore end much worse than the first two. Sentences are a form of communication and if the message is not getting through, the judge is apt to turn up the volume on subsequent visits, in what's known as "progressive discipline." You should therefore help him retain seasoned counsel before he is convicted if you really want to help him.

In Jail 68 hours away from PO with no Transportation

https://www.avvo.com/legal-answers/authorized/does-the-state-of-wisconsin-offer-a-12-month-defer-5045217.html#answer_10210816

Q&A Asked in Kenosha, WI : How much time will I get for failure to appear? I just served a 90 PO sanction and I have to serve the rest of my sentence in a county 3 hours away. When i signed paperwork back in October the CO said I was I was being transferred. Upon my release k was told I need to go there on my own accord. I finally found a ride, but it will be like 68 hours from my release and was told that I would get a failure to report. Its hard to find someone to drive me 3 hours one way when I didn’t know. I understand that excuses don't matter but when I get there how much time will I serve Extra? Note* I got covid from the detention center.

1 attorney answer

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

Regrettably, if you get revoked for failure to report, you could serve the remaining balance of your entire sentence. I would try writing to the department of corrections to request a more convenient location, and/or transportation assistance. Your original case lawyer might also be able to assist you, so I would definitely look them up and call either way.

Traffic School Judicial Probation is Not Common in WI

 

https://www.avvo.com/legal-answers/authorized/does-the-state-of-wisconsin-offer-a-12-month-defer-5045217.html#answer_10210816

Does the state of Wisconsin offer a 12 month deferral for a speeding ticket?

I was pulled over on 11/03/2020 for going 15mph over in a 55 mph zone. This is my first speeding offense in nine years of driving. I have no other tickets and have a clean criminal record. I was only pulled over once in Minnesota but was given a verbal warning. I would like to mitigate this offense down to a lesser charge.

   1 attorney answer

 

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

I would retain counsel and instruct them to get you the best deal possible. The exact outcome is impossible to predict, since final offers are made by the prosecutor and need to be approved by the judge. Your attorney can only make suggestions, one of which might be for amendment to a lesser violation, and your odds of getting one of those would improve greatly with experienced counsel. Either way, however, we all wish you the best of luck, and encourage you not to overthink this, since it is, after all, just a speeding ticket. Luckily, your license is not in trouble, but the best way to keep it that way is to get the best possible deal on every citation...

· 1 comment:   P.S., While 12 month deferrals are commonplace in Northern IL, they are a rarity in WI courts.

 

https://www.avvo.com/legal-answers/authorized/what-are-my-options----i-subcontracted-work-from-a-5039532.html?answered=true

What are my options... I subcontracted work from a home improvement company and they are not paying my company ...Subcontract home improvement work … convinced me to sign no lien waiver in order to get my check because they were going out of town… there was no check it was paperwork … it's not the first time that this company has held money over head to make us do things and basically stole money from us

Answer by Atty. Jay K. Nixon, Bankruptcy Atty. with offices in both Kenosha and Janesville, WI, Avvo Rating: 10    In WI, subcontractors who do not waive their lien rights before the job can file home improvement liens directly against the homeowner if they are not paid, but this can only be done during a very short window of time. You therefore urgently need legal counsel to assert it. Once recorded, a valid lien would force the homeowner to pay you if they ever try to sell or refinance the property, and also protects you from possible bankruptcy of the prime contractor who brought you into the job. Foreclose of the lien is also sometimes possible, although your lien will usually be lower on the money food chain than the primary lender's mortgage. Also analyze whether the before-the-fact lien waiver you signed was really valid, since failure of consideration usually voids a contract such as an agreement to waive a lien. Obviously, signing the waiver without first seeing the payment check in front of you was a very bad idea, but if you can prove a direct lie made with intent to defraud you on that transaction, you could certainly also sue for civil fraud and there might be a chance that you could convince a law enforcement agency to bring criminal charges against the contractor. Either way, yours in an extremely common problem for subcontractors whose lack of legal sophistication allows general contractors to take advantage them, but we all wish you the best of luck. 

Settling Collection Lawsuits vs Filing Bankruptcy

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If I had a lawsuit filed against me can I work out a payment plan with the court before I have to go to court next month? I had a medical bill go to collections for 900$. I don't want my check to get garnished again. I've had it happen before and I just want to make payments on it so I can get my credit score back up.

Jay’s answer: Bankruptcy Attorney in Kenosha & Janesville, WI

Although it is always worth a try, collectors have no obligation to accept payments of less than 100%, (which includes interest and attorney fees). Either way, your odds of getting some sort of installment will improve if you can include some sort of substantial first payment right away to demonstrate your good faith. That helps because collectors get a lot of broken promises. However, if you are having financial problems, you also owe it to yourself to have a free initial consult with an experienced bankruptcy lawyer. You could often pay for a bankruptcy and discharge all the debts for what it would otherwise take to settle even one of them, which, in the long run, is a far better way to spend limited available funds. Either way, good luck to you!

Should I drive without an IID Installed After and OWI Conviction?

 

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

 

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

Can my father legally hold a vehicle from me when there was a verbal contract with a witness present?

I asked my father to put a truck in his name that I wasn’t going to be driving because I was required to have an IID due to OWIs i had gotten. He was asked this because i couldn't afford them in 2 trucks. The verbal agreement was that it would go into his name until I no longer had to have an IID at which point the title would be handed back over to me. He has since refused to give me the title back and states that he doesn’t have to because the truck is in his name. Even with the verbal agreement and a witness.

Jay's Response:

Either way, your Dad probably did you a big favor by stopping you from driving the vehicle until you get this your waiver taken care of, since the alternative would have been arrest for criminal OVR (operating after revocation) and a likely jail sentence any time the revocation relates in any way to a drunk driving. You have some good advice about filing a waiver form with the court, so follow it, but be sure to await the judge's approval before you drive. Good luck and drive carefully (and soberly)!

Civil Suits During Criminal Prosecutions?

 

https://www.avvo.com/legal-answers/authorized/i-got-charged-with-disorderly---5037504.html

Jay K. Nixon 

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

Civil litigation during a related criminal prosecution would be a very bad idea, since you could be immediately deposed, and everything you say (or don't say) used against you. Unlike criminal court, in civil court there is no penalty free right to remain silent, so your silence could be used against you, and would probably result in immediate dismissal of your suit. Better to wait until all aspects of the criminal case, including the sentence, probation, parole, etc., are long over with, before starting to make a claim (assuming that that statute of limitations hasn’t expired already). Even then, you could only sue the complaining witness, who may or may not have much money. Possible truth of the allegations would also be a defense in any claim of malicious prosecution, so you could end up having a civil jury trial. Also, if your mother bought those items for you, she might have been legally correct when she claimed that she owed them. Finally, any sort of conviction, even via a plea bargain, would eliminate all opportunities from civil litigation, as a practical matter. Best therefor to now focus your energy and resources on the criminal case, which is a much bigger fish to fry than any civil claims, due your potential loss of liberty at the end of it.

Free Pass Due to Bankruptcy of Loan Owner?

 

https://www.avvo.com/legal-answers/authorized/our-2nd-mortgage-company-went-bankrupt-and-sold-th-5034729.html?answered=true

 Any bankruptcy lawyer with extensive real estate or trustee experience should be able to answer this question for you, with one or two pieces of correspondence to the last known owner.   And, if  your loan literally did fall through the cracks and there is nobody in charge, potential adversary proceedings to extinguish the lien in bankruptcy court might prove an attractive option for you.   You should therefore get offline and into the office of a lawyer who can actually represent you as soon as possible.    Meanwhile, however, you have some good advice about trying to save up the money that would otherwise go towards the payments, since they also might abruptly be called due someday. 

Free Pass due to Officer Mistakes on OWI 2nd Ticket ?

 

https://www.avvo.com/legal-answers/authorized/i-was-charged-with-a-second-owi--but-the-vehicle-i-5035111.html#answer_10195181

 

I was charged with a second OWI, but the vehicle information on my ticket is wrong?  I was pulled over a couple days ago . . . Do I have any leg to stand on with that? Also I did a blood test, my court date is less than a month away and the officer told me the blood test wouldn’t be back for 6 weeks! How can I be charged in court if the blood test isn’t back by then?  

Jay’s Answer:   OWI 2nd in WI is a criminal charge, carrying up to six months in jail, plus many other penalties.   If the DA can't prove the case against you beyond any reasonable doubt at your  jury trial, you will walk free at the end of it.   A well-seasoned criminal defense lawyer should be able to make at least a few points cross examining the arresting officer with this mistake, but there is no guarantee that this one alone will carry the day for  you.   Only the jury can decide whether or not this mistake, together with all the other evidence, leaves enough doubt remaining at the end to acquit you.    If there is still strong evidence that you actually drove drunk and have a previous conviction within the last ten years, despite this mistake, you would probably still be convicted. That being said, however,  this sloppy work by law enforcement might have some value during negotiations, if you didn't want to go through the expense and risk of a jury trial.  The error does raise the question of what other mistakes these Keystone Cops might have made here.   In the face of a flawless chemical test by a qualified technician, however, those arguments still might not be enough, regrettably.   As to your 2^nd question about delayed blood test results, while the state would indeed need them by the date of trial, but your first court date is probably at least six months and 3 more court appearances away, so odds are that they will have it by then.  There is no requirement that their case be totally ready for trial before they start the court process.

 

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

What happens if got a oui from out of state 20 years ago I was parked passed out with the car running

 

Jay’s Answer

This scenario, of being arrested while sleeping in a lawfully parked car, is a very common one, which can presents opportunities for the defense.   Can the state prove your BAC when you drove the car there, rather than at the time of your arrest? This is complicated not only by time and your body's removal of alcohol from your system, but also by possible consumption of more alcohol after you parked the car, which amount should be removed from the calculations by your independent toxicologist expert (and/or by the State’s expert). Either way, you need to have a consult as soon as possible with an experienced criminal lawyer, since some of your rights in contesting such cases expire in as little as ten days after arrest.

 

Arrested for OWI in Wisconsin, is what I’m doing helping? . . .  previous OWI was approximately 9 years ago. Blood test came back at .12. I hired a lawyer right after the arrest. My 2nd court date isn’t for two more months. I’ve completed my assessment along with the planned treatment already before being ordered too. I also have acclimated 50hours of documented community service since the arrest along with volunteering to the safe rider program to help DD people drinking at bars. I’m also seeing a therapist for substance abuse and bad decision making to help me long term. With all of that is it helping me get a reduced sentence if I choose to plead, can I do more? My lawyer hasn’t been very clear or helpful and I’m looking for others experience in this matter. I have a career and 30-60days in jail will likely end that, or if I ask for work privilege release my work will likely fire me anyways based on conversation I’ve had with my boss on this topic.

Jay’s Answer

While you are doing all the right things, you have chosen the wrong county in which to get arrested, Racine being one of the toughest in the state. Rumor has it that the Covid positive population in their jail is well over half (including staff), yet they are apparently continuing to incarcerate people there. On average, Racine sentences are also probably above state averages substantially. As noted, your attorney is certainly the best qualified person in the world to advise you right now, however, since we know only that you scored a .12, (fully a third higher than the .08 presumptive level of guilt), which is not a good start. Other than accidents or "close call" bad driving while the officer was following you, the BAC levels are usually the main factor in determining your sentence. While you would therefore have been much better off with a .09, one more thing which you omit is participation in 12 step programs like AA, which can occasionally earn you a slight discount if you work all the way through to the 12th step of sponsoring others in your club. Either way, much depends upon which judge you draw, however, since some are more impressed than others with treatment. As noted, there might also be technical defenses available (such as the ten year rule, possibly keeping this in civil court with no jail), of which your lawyer would know best, so get offline and set up a consultation with him or her; who is also probably being "vague" about your likely sentence only due to being honest, since there is often simply no way to predict a sentence with any certainly. Regardless of all this, we still all certainly wish you the very best of luck.

Police Tired of Babysitting Domestic Discord Situation

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

While these charges may, or may not be defensible, you should know that sometimes there is a "price" to be paid, anytime that the police need to repeatedly "babysit" a domestic situation; the deeper message perhaps being "Folks, we don't have time for this, so you guys need to work it out. once and for all." That is often eventually done by separating, sometimes involuntarily by the system's incarcerating of one or the other of you, (and sometimes both),. Or, you might someday be forced to separate by a PO's order, after someone is sentenced, if they are convicted. You are apt to like the outcome more, however, if you can instead work this out voluntarily, by professional counseling, or by separating if that doesn't work. Either way, both of you currently need separate, confidential legal consultations with different lawyers. Posting all these details on a public website is not a good idea, and can actually be used against you in court later. You both therefore both need to make your own intelligent decisions on what you each wants to do next, with professional assistance. Either way, good luck to both of you!

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No Will; Who Gets the Ashes? Probate for Intestate Estates

 

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

 

How do I go about getting all of my ex-husbands/9 yr. old sons fathers belongings from his mother including my son’s father’s ashes?   . . .did not leave behind a will but has told many ppl that if anything ever happened to him, he wanted our son to have everything. well his mother has taken EVERYTHING . . .

Jay’s Answer (Jay K. Nixon, Probate Attorney with offices in Kenosha & Janesville, WI)

Unfortunately, verbal promises, family relationships and desires will get you nowhere in probate court. Instead, the court is forced by the law to follow strict rules of decent, succession and control set up by the state legislature for “intestate” (without a will) cases; or to act on all those issues as is called for in a valid will, if there is one. That is why living trusts have more or less replaced wills these days as the estate planning document of choice.  In those, with proper planning, more informal arrangements can be set up before death, which continue seamlessly after death, with no need to involve any court in most cases. Here, without a will or a living trust, there is literally nobody in charge until a court appoints somebody, and that will not happen on its own. Instead, a lawyer needs to prepare and file roughly 8 complex forms, and petition the probate judge to appoint somebody as the personal representative (fka "executor"), give notice to known family and creditors, and publish a notice of hearing in the local newspaper's legal notices section, among other things. Subject to court oversight.  Then, the personal representative can then make all those decisions, including distribution of the ashes and personal effects. Any family member can file such a petition, and request that they themselves or anyone else be appointed as personal representative, which request will nearly always be granted if nobody else objects to or files their own competing petition. Until then, regrettably, the legal system will be unavailable to assist you in resolving these family disputes. Therefore, you should talk to an experienced probate lawyer if you wish to solve these problems, otherwise it’s "every man for himself," indefinitely, until some eventually steps up to the plate to take charge.

 

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How often are police officers rebuttal witnesses instead of direct witnesses?

Answer by Attorney Jay K. Nixon, with offices in both Kenosha & Janesville, WI

Police officers will testify for whomever subpoena's them to testify. Usually, that is the DA, but they are theoretically supposed to be neutral public servants who record evidence regardless of whether it favors the prosecution or the defense. The latter category is known as "exculpatory evidence," and the government has a duty to disclose it to the defense under both the United States Constitution and the Wisconsin Constitution, under the famous decision of Brady vs. Maryland, many decades ago. Under that rule, the defendant is supposed to get all reports favoring the prosecution, but also all of them favoring the defense, as well as the right to testimony by the officer(s) who discovered that evidence, if necessary. Since officer's primary duty is to prosecute criminals, however, the vast majority of their reports (and therefore their testimony), favors the government, so they are usually witnesses in the Prosecution's "case in chief," and less frequently in the defense case. Both the prosecution and defense use both direct testimony witnesses and rebuttal witnesses, when either side wants to refute something entered into evidence by the other side.

 

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How can I go about this?

I currently have 16 points on my license (tickets Aug.2019, sept 2019, feb 2020) it got suspended for 6 months and I was supposed to get it reinstated in January of 2021, however the other day I got pulled over and got two more tickets, now 23 poi...

 

Jay’s Answer

Monday at 5:31pm

You were apparently representing yourself when you accumulated thise 23 points on your record, so you might want to pause a moment now to ask yourself " exactly how good of a pro se attorney am I?" Since your track record in court seems not much better than your driving record, it might be time to try something completely different, both in your driving and on your legal representation, and retain an attorney if you ever want to drive legally again. Meanwhile, you should also make friends with Uber, Waze, Lift and any other ride sharing apps you can find until you get your license back, since at this point, you will probably start exposing yourself to jail if keep on driving. You must also be getting close to Wisconsin's five year revocation due to being a habitual traffic offender by now, so the time for complacency has truly now passed for you. Wake up!

Preliminary Hearing Waiver in a Serious Drug Case

 

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https://www.avvo.com/…/can-i-cancel-me-waiving-my-prelimina… Can I cancel my waiving of my preliminary hearing in a major drug case? …

Jay K. Nixon Avvo Rating: 10 Criminal Defense Attorney in Janesville & Kenosha, WI
Once you waive your right to a preliminary hearing, I doubt if you would ever be allowed to retract that decision. You still have a right to a full blown trial by jury, so you haven't really waived all that much; and since the purpose of the prelim is only to make sure that there is some evidence against you before you are put through the tortuous step of a trial, waiving it is therefore a less than a critical step. Most judges would have better things to do than allow you to reverse your march towards justice by this sort of a retreat. Appellate courts would also probably sustain any decision denying this request to implement your apparent change of heart. Either way, you are far better off worrying about getting a good outcome at your trial rather than in crying over spilt milk this way. You might instead consider devoting more energy and resources towards funding a private investigator, for example, or by retaining a second chair attorney to assist your primary one at your trial.

Defense Attorneys Cannot also be Prosecutors; What to Expect from Your Criminal Defense Attorney

 

https://www.avvo.com/legal-answers/authorized/does-a-defense-atty--ever-prosecute-a-client-or-ma-5007234.html?answered=true

Does a defense atty. ever prosecute a client or make feel uncomfortable? Responsibilities that should be properly expected of?

 

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

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No, defense attorneys cannot also be a prosecutors against clients at the same time that they are defending them. While many defense attorneys, including yours truly, were formerly prosecutors, retiring from prosecution and switching to defending clients is usually a permanent, one way move, which is rarely undone later. Even if it does happen, however, and an attorney who once represented you later takes a job in a DA's Office, his or her ethical duties of confidentiality and avoidance of conflicts of interest would disqualify that attorney from prosecuting you or exposing any of your secrets to the police. Attorneys take these professional responsibilities very seriously and can lose their license to practice law if they ever violate them. All that being said, attorneys usually try to have candid, in depth discussions with their clients about the case off the record and in private. That can sometimes include challenging them about their version of the facts in private, in order to better prepare them for the real thing in court later, when the DA cross examines them after they testify at a trial, for example. That has nothing to do with prosecuting the client but is instead a normal part of a trial defense. Anything said during these would be a protected, confidential matters, however.

How to Handle Bullying by your PO, Absconder Warrants

 

https://www.avvo.com/legal-answers/authorized/what-can-i-do-if-i-m-been-harassed--lied-to-and-se-5005853.html

 

What can I do If I’m been harassed, lied to and set up to fail by my PO in WI?

My PO threatened and bullied me into giving her a false statement Saying that I had used drugs when I had not. She claims that The lines on my drug test weren’t dark enough therefore I was using and would go to jail right now if I did not give her a statement admitting to drug use. I had to pick my daughter up from school, but she told me I was going to jail right then if I did not give her a statement saying are used drugs. I gave her the lies she demanded so I could keep my freedom. Two hours later I had an appointment at the rehabilitation place I was mandated to get counseling at by my probation officer they also gave me a drug test which came back negative as I knew it would - The next month when I met with my probation officer I...

Jay K. Nixon   3.5 stars 10 reviews   Avvo Rating: 10  Criminal Defense Attorney in Janesville & Kenosha, WI    Your lawyer should immediately negotiate your voluntary surrender on the warrant, since you are technically an absconder for every minute that passes before you do turn yourself in. For that violation, they will not need any drug tests, so there are essentially no defenses available to it. Once you are in custody, your lawyer can approach the DOC about your allegations, and suggest transfer to a new PO, or her supervisor, for further proceedings. Prior to that, however, your lawyer can hopefully have a conversation with her about your allegations, to see if the matter can be resolved ahead of time. Either way, revocations are very hard to beat, so that last thing you ever want to do is contest one, if there is any other way out of it. You also always have the option to voluntarily revoke and serve your time "inside" rather than "on the street," on supervision. You will then be free of such harassment, even if not free in any other sense of the word.

Recovering Compensation for Minor Injuries in Car Accident

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Can you get money for peeing yourself in a car accident ? I peed myself in an accident and I'm wondering if I can get money for it.

Jay’s Answer : I agree that this alone would not get you much. The better question is what else was going on at the time that might have caused it, such as temporary unconsciousness due to a conclusion, extreme pain or stress. You should therefore have your case evaluated by an experienced personal injury lawyer as soon as possible, since your time to bring such a claim is limited under both insurance claims policies and the statute of limitations (sometimes three years or less in WI). Frew insurers would seriously consider a long delayed claim if there were so little documentation injuries as this, so time is certainly not on your side.

Firearms Prohibition for Disorderly Conviction in Wisconsin, Domestic Abuse Enhancer

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Jay Nixon’s Answers

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Can you still own a firearm with a disorderly conduct class b misdemeanor domestic modifier?

Back in June I got charged with disorderly conduct with a domestic modifier even though I didn't physically hurt anyone. DA won't drop it to an ordinance violation. Just wondering what this means for owning a gun since we're avid hunters.

Jay’s Answer (Criminal defense attorney with 40 years’ experience & offices in both Kenosha and Janesville, WI)

I believe that at worst, you might still be able to use a crossbow, but otherwise, with DC (disorderly conduct) it could go either way on using or possessing firearms. In my experience, the FBI aggressively puts almost everyone they can on the "no buy" list for firearms, but you have a right to challenge that decision in the federal administrative law system in DC if you wish (and afford it). They tend to look more at the facts than at the label, but the domestic enhancer greatly increases the odds that you will be barred for any conviction, unless you challenge this and win. Any lawyer would need to investigate the details before reaching any conclusion on one of these, so if you are serious about this, retain one to at least take a look at it.