Teenagers Contributing to Grocery Bill and IID Exceptions in OWI cases

 

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

 

I’m 16. My dad has been having some personal issues with me, the blame falls on both of us. however he doesn’t see that. so now he’s saying that I have to fix it, and until it’s fixed I have to pay him $100 dollars a month for food, clothing, laundry etc. The issue is nothing that I broke, it’s just relationship issues. No I did not damage any property or anything, he and I just collide a lot with our opinions and he expects me to fix it, this is his way of forcing me to do so. I’m just frustrated because I’m trying to save for college, and that’s roughly going to take $2,100 away from my college fund. So is he legally allowed to charge me, even though I’m a minor?...

 

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

 

Merely "asking" you for a contribution, if you can afford it, is certainly legal. A better question is "what will happen if I don't pay?" Throwing you out of the house for not paying would give you the option to seek help from the government, such as placement in independent placement under a CHIPS order in some sort of alternative living facility, under the supervision of a caseworker, for the which government would seek reimbursement from your father. Throwing out a minor without providing some other option could also make a parent liable for charges related to neglecting a person who is their legal responsibility. Either way, however, if you have an income that is significant, then requesting a $25. per week contribution towards groceries and housing, like the contribution you describe, is completely reasonable and such a tiny fraction of the actual cost of supporting you that you should not complain about it. Investigating the costs of renting your own place and buying your own groceries would be a great exercise for you, which would help you gain perspective on this issue. If you were truly aware of all those costs, my guess is that you would happily pay $25 per week or perhaps even offer a bit more, since this is probably less than 10% of what you would need to support yourself on your own.

 

 

IID Exemption Question

 

Hello My 76 year old father had a dui many years ago that he did not do anything about. He wants his license and did an assessment and said he was low risk. The DMV required him to get an IID installed. He is not in the best of health and is un...

 

Jay’s Answer

 

IID waivers are rare but sometimes possible, and medical problems are probably the best reason. Proving in court that he cannot blow into an IID breathalyzer, however, might be difficult and would require very detailed testimony from a doctor. Depending upon the prosecutor, there might be a way to get by with a sufficiently detailed letter from the Doctor, but either way, this will be an uphill battle for you Dad, especially if unrepresented. Instead, if his heath is that poor, he might want to start looking at alternate forms of transportation, such as ride sharing services online, which he will probably need regardless as he ages.

IID Ignition Interlock Exceptions after OWI/DUI Conviction in Wisconsin

 

 

https://www.avvo.com/legal-answers/authorized/iid-exemption--4968867.html#answer_10100559IID exemption

My 76 year old father had a dui many years ago that he did not do anything about. He wants his license and did an assessment and said he was low risk. The DMV required him to get an IID installed. He is not in the best of health and is unable to breathe long enough for the device to let him drive. Are there any exemptions he can ask for to help him? He only has social security as income so he cannot afford a lawyer.

 

Answer by Atty. Jay K. Nixon, 10 reviews, Licensed for 40 years, Avvo Rating: 10

Criminal Defense Attorney in Janesville & Kenosha, WI

IID waivers are rare but sometimes possible, and medical problems are probably the best reason. Proving in court that he cannot blow into an IID breathalyzer, however, might be difficult and would require very detailed testimony from a doctor. Depending upon the prosecutor, there might be a way to get by with a sufficiently detailed letter from the Doctor, but either way, this will be an uphill battle for your Dad, especially if unrepresented. Instead, if his heath is that poor, he might want to start looking at alternate forms of transportation, such as ride sharing services online, which he will probably need regardless as he ages.

Pro Se Criminal Appeals, Odds of Success

 

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

 

Am I allowed to appeal if I represent myself pro se?  . . . Is there anything I cannot appeal by going pro se? Or am I granted the same rights as a lawyer when it comes to appeals? . . .

 

Jay’s Answer (Jay Nixon, Criminal Defense Atty. with Offices in Janesville & Kenosha, WI)

 

You check the percentage of pro se appeals which are won; my guess is that it is less than one thousandth of one percent. Even with seasoned appellate counsel, reversals probably occur in less than 5% of all cases, so despite a win being unlikely with either option, your odds with counsel are thousands of times better than without counsel. So, if you really want to win rather than merely entertaining yourself and the judges with frivolous proceedings (with the judges being far less entertained than you), you should get represented right away, since time limits are very short and very strict. Odds are that you will be immediately eligible for state public defender representation merely by the fact of your incarceration, so you should take advantage of that fact.  The answer to your question about whether there are things you can’t appeal which a lawyer could appeal, the answer is definitely “yes.”  Since you won’t know what to look for, nor how to “preserve” issues and objections properly, you will very likely rule out further post judgment on many issues by doing it yourself. 

Self Defense in Kenosha, WI (after Blake Shooting)

 

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

 

When dealing with someone being killed, can a jury ask themselves a question of what if the person killed wasn't at that place? I would like to know what can a jury think about when it comes to a criminal case when somebody dies. Does jury instructions prohibit jury members to ask the questions of what if? What if the aggressor/victim didn't provoke the accused , would they still be alive? What if the accused was not supposed to be there, would the victim still be alive, because they have nobody to threaten? What "what if's" can a jury take into consideration?

 

Jay’s Answer (of Nixon Law Offices, Criminal Defense Lawyer, with offices both in Kenosha and Janesville, WI)

 

Wow, that's a lot of "What if's," unless you are giving a Bar Exam, but the short answer is "yes, juries can ask themselves questions." That is known as the deliberations process, which can go on for days and sometimes even for weeks, when jurors speak confidentially and freely, as a group, and off the record. Nothing said in deliberations can ever be used against the jurors, nor against their verdict, and these talks are not recorded. Notes taken by the jurors are even destroyed afterwards. All that being said, the "what ifs" which you mention would not be something that juries are instructed to consider. Rather, the key questions in self-defense relate to necessity and available alternatives to shooting the aggressor, running away or other escape being the most obvious. If there was a reasonably certain means of escape available, the defendant is still likely to still go down on the murder charge, regardless of the amount of provocation or aggression leading up to the tragedy. Likewise, necessity is a huge issue; the outrageousness of the provocation will not matter if the defendant's life was not in immediate peril due to the aggression, such as the aggressor pointing a gun at the defendant. Short of the defense prevailing on these, self-defense is extremely difficult to win on in WI. Discuss all this confidentially with your lawyer, however, and not on a public website, if your hypothetical defendant might be you, however.

Hit by Stolen Car--Who Pays?

https://www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html          My car was legally parked on the street and hit by a stolen vehicle, I currently do not have insurance, what should I do?  Who can I file a claim with? What course of action should I take? Thank you    

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

Adding to the two good answers you already have here, you do have the right to sue the thieves, and/or driver, if you can find them. But folks who steal cars unfortunately don't often have other assets that you can take away from them in order to collect on a court judgment. Maybe they will have insurance if you can ever find them, which could still be liable to you if hitting your car was a legitimate accident, regardless of the fact that it was a stolen car. I wouldn't hold my breath waiting on that, however. At this late date, the smartest thing that you could right now is probably to write this one off to experience, and make sure that your next vehicle has full insurance, so that this doesn't happen to you a second time.. In SE Wisconsin, it would not surprise me at all if one out of three drivers were uninsured. Such folks also tend NOT to be the best or safest drivers. All this creates a very high risk that you will again be hit by one of them at some point in your life, if you continue to live in a major urban area, so next time, be prepared.

 

Dismissed but read in” possession of thc. This is the offer the DA is giving me. What does it mean and is this a deal that will have any negative impacts on me down the road? I’m a little confused and I would like more in-depth details on this before I take the plea negotiation. Any of your advice will be appreciated. Thank you.

(answer by Atty. Jay K. Nixon, Attorney with offices in both Kenosha & Janesville, WI .     Yes, there are negative consequences for read-ins. They are the same as convictions; that is, you more or less admit to them when agreeing to the read in, except that your maximum sentence on the other remaining charge(s) is the worst that can happen to you after the read in file is dismissed. The judge still can't exceed that, despite the read-ins. He or she can, however, give you extra time due to the read ins., so long as it is below the maximum on the other surviving charges on which you you will actually be convicted. All this being said, read-ins are a great way to resolve situations where there are too many charges to defend, as a practical matter. Not knowing your other details, I can't comment on whether or not they are a good idea for you, so talk to your lawyer, who will know the "big picture."

My trial has been getting pushed back over and over the last 3 years and I want to go to trial already when can i?    I’m innocent on a case and I want it to go to trial so I can win but they keep pushing the date back

(Answer by Atty. Jay K. Nixon, Attorney with offices in both Kenosha & Janesville, WI)  I'm guessing that you are represented by counsel here (if not you should be), so check if anything is preventing the trial on your end, i.e discovery or motions you need or new attorneys needing to get up to speed. Even with the pandemic, the biggest cause of delay is by far is still defense needs, rather than anything the government is doing. Assuming your attorney has all that, however, everyone should think twice before going to trial, since at least 95% percent of trials are won by the government. Consider the downside of conviction before you spin that roulette wheel, since the odds of winning are much lower than those of getting either red or black.

How do I go about speaking with a prosecutor about an unnecessary acceleration ticket?  (Answer by Atty. Jay K. Nixon, Attorney with offices in both Kenosha & Janesville, WI)

I got a ticket for unnecessary acceleration. I didn't take off that fast and never went over the speed limit. I've been driving for over 16 years and never pulled over once before this. Do I need to talk with the prosecutor before my court date or...   (Answer by Atty. Jay K. Nixon, Attorney with offices in both Kenosha & Janesville, WI)

I've had clients tell me that Waukesha prosecutors have a policy of not speaking with individual unrepresented defendants outside of court, regardless of the type of charge, and they are not the only county with this type of policy. If you are serious about getting the best possible deal, even on your traffic ticket, you should therefore retain counsel as soon as possible.

Speedy Trial Demands

 

https://www.avvo.com/legal-answers/authorized/how-do-i-go-about-speaking-with-a-prosecutor-about-4959631.html#answer_10090423

 

My trial has been getting pushed back over and over the last 3 years and I want to go to trial already when can i?  I’m innocent on a case and I want it to go to trial so I can win but they keep pushing the date back

Jay’s Answer (Jay K. Nixon, Criminal Defense Atty. with Offices in Kenosha & Janesville, WI)

I'm guessing that you are represented by counsel here (if not you should be), so check if anything is preventing the trial on your end, i.e. discovery or motions you need or new attorneys needing to get up to speed. Even with the pandemic, the biggest cause of delay is by far is still defense needs, rather than anything the government is doing. Assuming your attorney has all that, however, everyone should think twice before going to trial, since at least 95% percent of trials are won by the government. Consider the downside of conviction before you spin that roulette wheel, since the odds of winning are much lower than those of getting either red or black.

 

How do I go about speaking with a prosecutor about an unnecessary acceleration ticket?

I got a ticket for unnecessary acceleration. I didn't take off that fast and never went over the speed limit. I've been driving for over 16 years and never pulled over once before this. Do I need to talk with the prosecutor before my court date or on the court date? I would like to contest the ticket and get it reduced or removed so it is not on my driving record.

 

Jay’s Answer

I've had clients tell me that Waukesha prosecutors have a policy of not speaking with individual unrepresented defendants outside of court, regardless of the type of charge, and they are not the only county with this type of policy. If you are serious about getting the best possible deal, even on your traffic ticket, you should therefore retain counsel as soon as possible.

Who Owned the Pot in Crowd? What to do in a Mass Bust

 

https://www.avvo.com/legal-answers/authorized/why-did-i-get-an-mip-for-a-substance-that-wasn-t-m-4958744.html?utm_campaign=question_notify_immediate_pro&utm_content=answer_jd&utm_medium=email&utm_source=notification

 

Why did I get an MIP for a substance that wasn’t mine and I wasn’t consuming?

I was outside saying by to my friends sister and a cop walked into the back yard and said it smelled like weed he proceeds to walk around with his flashlight and find a container that he claimed had marijuana in it. I told him it wasn’t mine and I wasn’t using the substance but didn’t say whose it was cause I didn’t know myself. The officer gave all of us an MIP and left the scene without telling me anything that was happening.

 

Answer by Jay K. Nixon, Criminal Defense Atty. with offices in Kenosha & Janesville, WI, with 41 years of experience:

 

Once you get to trial, the officer's opinion is just another voice in the crowd,, and an opportunity for both you, the officer, and others on the scene to tell their stories, and if the government can't prove the charges to the satisfaction of the judge after hearing both sides, the charges should be dismissed. Either way, however, you only get on chance at a trial, so you should make the best of it by retaining experienced criminal defense counsel as soon as possible. There are no "do overs," in criminal law, so don't blow your one chance to defend the charge in a misguided attempt at a pro se defense, which is very likely to end badly for you.

Lying to the Police--Can it be Forgiven?

 

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

 

If someone lies to the police should they admit it?  Or is the damage already done?

 

Answer by Jay K. Nixon, Criminal Defense Atty. with offices in Kenosha & Janesville, WI, with 41 years of experience:

 

Some damage is already done as soon as a lie to an officer passes through your lips, but don't think that it can't turn into worse damage if not handled correctly. Some lies which are quickly corrected can be forgiven, while others (like admitting to a homicide), not so much. One consideration in many obstructing (lying) prosecutions is the amount of problems which the lie caused. For example, a lie leading to the conviction and imprisonment of an innocent person is not likely to be soon forgotten by the authorities, who would often feel obligated to make an example of the liar through criminal prosecution.

Inheriting house with medicaid liens

 

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

Father died, owes for hospital and nursing home. Will they put a lien on house?  Father died and as a result the house is being left to all 3 sons but they agree one son can have it.. house is under 50 thou. Do they need to go to probate to put it in the son's name?  The father also has about a 4000. Nursing home bill and about a 9000. Hospital bill. Medicaid was never involved. Can they put a lien on the house or are the bills not their responsibility? If they are and a lien is put on the house is there a time limit when that lien will expire?

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

Adding to the answers above, which are accurate, any creditor can place a lien against the house, not just Medicaid. Properly docketed small claims judgments will accomplish the same thing. There is, however, a chance that the person inheriting could fight that in bankruptcy by moving in and then claiming a homestead interest, but that is far from a sure thing, complicated by the fact that others also stand to inherit an interest in the property. You need counsel who is familiar both with bankruptcy and probate law for this one.

Four Robbery Warrants in Four Counties

 

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

How long can a jail hold you?

My partner has charges for robbery in 4 counties. And a warrant. He is on hold in Milwaukee county jail. How long can they keep him for? He has to do 7 days in brown deer for the warrant as well. Can they only hold him for a week? Or does he have to go to all the counties?

Jay’s Answer

(Jay K. Nixon, Criminal Defense Lawyer with Offices in Kenosha & Janesville, WI)

Expanding on the answer you have above, the longest he could be held in the worst case scenario for an armed robbery would be the maximum sentence for that crime (assuming that he is convicted) which is at least 20 years. Add to the same amount for the other three robberies and the total could be over 80 years. In a complex scenario like this, he needs experienced felony lawyers in each county, who often can work together for a global resolution. Either way, however, I would not be expecting him home for dinner any time soon. If you really want to help him, quit asking questions on free public websites and help him hire counsel.

 

Conflict Withdrawals by 3 Attorneys in a Row

 

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

So I'm on my 3rd representation in a felony case, now my current attorney tells the judge conflict?This is a case that has been going on for over 3 years now, due to myself getting sick and being incapacitated during the beginning from a illness. I have since recovered and court proceedings picked up where we left off. During the time we were adjourned the lawyer I retained, was eventually granted his withdrawal because I did not have funds. I was then appointed a PD. That took 7 months, for numerous reasons. After 10 months he decided to quit practicing law. So, I was without an attorney again. So, 8 months later a court appointed attorney took my case on. He has been my attorney since March now. We had court the other day and now he states their may be a conflict in the case? What does this mean? We just got a new date that’s it?

 Answer (Jay K. Nixon, Criminal Defense Atty. in Kenosha & Janesville, WI)

Telling the court that there is a conflict normally means an ethical conflict, under the WI Supreme Court's rules of professional responsibilities. This is very different than social ethics, since attorneys must raise it any time that there is a competing interest to which they are also obligated to attend to; for example, finding out that he represents a codefendant, which is always a conflict, since the DA might offer any defendant a better deal to testify against other codefendants. Clients who have threatened an attorney or threatened to file an ethics complaint against him are probably the second most common type of “conflict” withdrawal, but the list of things is almost endless. For the protection of the client, lawyers are not obligated to state specific reasons, since they might incriminate the client. Talk to the public defender's office about a replacement ASAP.

Chlamydia or other VD's as Exculpatory Evidence?

 

https://www.avvo.com/legal-answers/authorized/if-2-warrants-were-issued-1--dna-testing--2--testi-4950278.html?answered=true

If 2 warrants were issued 1) DNA Testing 2) Testing for STD and Certain Diseases, DNA was submitted, not STD is it exculpatory?

A person was charged with Sexual Assault of a Child (age 14). The accuser/mother of the accuser said that he gave her Chlamydia. Tests were done. He was the father and was sentenced to 30 yrs. 20 in 10 out. During sentencing the Court indicated this child has Chlamydia and could be sterile, several times it was referenced. 16 years later, the victim in the case came forward with an affidavit stating she never had an STD as she has five children and the incident was not violent, no drugs or alcohol involved, and that is was consensual. One year after the incident two warrants were issued for 1) DNA Testing and 2) Testing for STD and Certain Diseases. Only the DNA Testing was submitted by the State. No one questioned the STD accusation, was never proven, The inmate is seeking re sentencing. Is the absence of the STD testing considered exculpatory evidence? He believes the Court increased his sentence because of the severity as stated in the PSI and Sentencing. He has never denied the incident, however always denied how it happened and has never had an STD in his life. An affidavit was submitted to the court his partner he has three children with ever contracted any STD.

 

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

Yes, the absence of the disease if the victim claimed that she had it could be exculpatory.  Although the state has a duty to produce exculpatory evidence which comes into its possession during an investigation, whether or the government has a duty to first look for it is a bit more vague since that would normally be the job of the defense private investigator.  Either way, this question is too detailed for a forum like this, where we are only seeing the "tip of the iceberg." You should instead retain a lawyer to go over the case-file and provide a more educated guess, and a written legal opinion. Generally speaking, Prosecutors' decisions on the issuance of legal process like search warrants is not evidence, since it involves the behavior of lawyers rather than that of the subjects of the investigation. But it is possible to set up the testing through private investigation, rather than depending upon the government to do it. Action or inaction by public officials, however, can have many explanations, none of which relate to what actually once happened between the victims and the suspects.

Possession Charge for .001 Grams

https://www.avvo.com/legal-answers/can-i-be-charged-with-drug-possession-for--001-gra-4939727.html#answer_10066523

https://www.avvo.com/legal-answers/can-i-be-charged-with-drug-possession-for--001-gra-4939727.html#answer_10066523Can I be charged with drug possession for .001 grams?

was arrested for .001 grams and charged with possession. The warrant to get into our home was based on info from an informant that is listed as a number. All info from informant was false except for stating I lived on same street as someone else.

Jay’s Answer (Atty. Jay K. Nixon, criminal lawyer, with offices in Kenosha & Janesville, WI)

While this might not seem like much, there are powerful drugs like Fentanyl where this amount might be significant. Your attorney might be able to make some headway with with such a small amount if it does not permit independent retesting, if timely requested by your lawyer, soon after you are charged.

Motion to Dismiss Ignored by Municipal Court

https://www.avvo.com/legal-answers/authorized/does-sec--802-06-4--wis-stats-apply-to-pre-trial-m-4942019.html?answered=true

 Does sec. 802.06(4) Wis Stats apply to pre-trial motion challenging personal jurisdiction in Wisconsin municipal courts?    Some 100+ days prior to scheduled trial in a Wisconsin municipal court, I filed pretrial motion challenging personal jurisdiction. The court ignored my motion - never called for hearing, never issued any finding - but instead proceeded through trial and to guilty verdict.  It seems to me the judgment at trial is void, ab initio, for the court's failure to ever hear and/or decide my jurisdictional challenge. Further, failing to enter a decision on my challenge, I have been denied my due process right of review/appeal of said finding. Does 802.06(4) control the municipal court in such challenges? It is not clear to me that chapter 801 onward apply to chapter 800 governing municipal court. Any advice/insights?

Answer by Atty. Jay K. Nixon, criminal lawyer with offices in Kenosha & Janesville, WI

In WI, municipal courts on not considered courts "of record."  Although they are permitted by law and often have excellent judges, because of the fact that they are not considered courts of record, everyone has a right to a de novo appeal of their rulings in the circuit court system, since those are courts "of record."  If you are unhappy with your municipal court ruling(s) you should therefore retain a lawyer to start over for you to see if you can get it right on the 2^nd try.   In either court, however, pro se "motions" not properly prepared, filed or served may legally be ignored by the court.  You should therefore not be surprised by your outcome if you were trying to do this pro se.  Either way, however, you should think long and hard about whether or not you want to switch to a court of record if you are not already in one, since "of record," includes a public record on CCAP which is available to anyone in the world with web access with only a few clicks of a mouse.  While certain larger city municipal courts have their own public websites, many in the eastern part of WI tend not to post all their court data online.  Milwaukee is an exception, but its public website is not nearly as "wide open," as CCAP.  In Western WI, however, many municipalities use the circuit court system, which puts their records on CCAP, just like WI circuit courts' records. Either way, we all wish you better luck the next time, but since “wishing” is not a strategy, you should really consider retaining counsel next time if you want a better outcome.

Parole Revocation Waivers, Hearing Date Time Extensions

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

What happens if someone is on a parole hold in jail and the 21 investigation days are done and they still haven't heard anything?  My friend has been in jail on a hold for 21 days and still hasn't heard any information from their parole officer.

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

The statute is vague about exactly when time extensions are allowed, but they are possible when "necessary." Of course, what happens in many of these cases is that the person has already waived their revocation hearing, and didn't quite realize that when they OK's the waiver paperwork (or forgot to tell their friends and family, who end up asking this question online). Waiving, however, is often the quickest way to get to the more comfortable lodgings of the state prison system, as opposed to the county jail where they are sometimes held pending revocation.  County jails are loud, crowded and claustrophobic places, compared to the State prison system institutions, where the atmosphere can be much more relaxed, with lots of opportunities to get outdoors for exercise, etc., much unlike county jails, which are not designed for long-term residency.

Voided THC Citation on Your Record?

www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html?sort=recency%2520http%3A

Will a misdemeanor citation that was voided by the officer show up on my record? Was caught for marijuana possession and received a ticket but the cop that gave me it decided to void it later. The two officers also never took me into the station to be booked for the incident either.

Jay’s Answer (Jay K. Nixon, criminal lawyer in Kenosha & Janesville, WI): Sounds like you are in the clear, but what these officers did may not be the end of the story. You could always be mailed a new citation, and they have years to make up their minds. Thankfully, however many officers finally agree that charging folks for personal use of small amounts is a waste of law enforcement resources. Since you were not booked, my guess is that if you were charged, it would be a noncriminal ordinance. Either way, if that happens get a lawyer if you care about your future record.  In WI, police records for closed investigation are freely available to the public, including records of uncharged matters, so anyone who wanted to go to all the trouble of making (and paying for) an open records request can still get them, but this requires more effort than most routine employment background investigations would deserve. Jobs requiring high level federal security clearances might be an exception, however.