Arrest Threats by U.S. Husband for Spouse Overseas

 

https://www.avvo.com/legal-answers/authorized/can-they-arrest-you-in-airport-because-of-fake-rep-4995995.html?answered=true

Jay K. Nixon  Licensed for 40 years, Avvo Rating: 10   Trial Attorney in Kenosha & Janesville, WI  608-851-2101  Yes, you should retain a US lawyer to investigate this, either if you are truly concerned, or if you want to sue here for fraudulent accusations. Getting US authorities to arrest on one person's "say so" here is extremely difficult, however, unlike as in some other parts of the world. Dishonest collectors worldwide use phony threats of arrest for nonpayment of debts, but that is so difficult to actually accomplish here that most lawyers would laugh at it, almost anywhere in the U.S. , and tell you that it is a scam (which it usually is). That being said, there are other lies that would be likely to get the attention of authorities, so, if you are truly concerned, you also might have your US lawyer touch base with those agencies and offer them the opportunity to voluntarily interview you if they wish, perhaps while you are still outside the US. It might turn out that they are far more interested in your husband than in you. Meanwhile, I would also recommend that you document and preserve evidence of your husband's threats, for possible turnover by your lawyer, to authorities.

Parolee Pulled Over with Armed Friends in Car

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How can I get legal help for my son just got out of prison but just got lock back up cause by being around firearms not suppose

Son just got out in May from doing 4yrs [in jail followed by 3 years supervised release, fka "parole"] . . . driving cousin home from a bonfire . . . got pulled over. . .[didn’t know] his passenger were carrying firearms . . . passenger admitted [were] his firearms . . .

Licensed for 40 years, Avvo Rating: 10, Criminal Defense Attorney with offices in Kenosha & Janesville, WI [608-851-2101]

 

Get him a Public Defender, but your son's long term success depends upon a lot more than the legal system, regardless of how this arrest turns out. If you really want to help him avoid a merry go round of prison and release, followed by more prison and release, you need to put him in a position to find better friends than those who need to bring concealed pistols to a bonfire. Assuming that he'll live with you again after his release, then your living in a different city, far from these "friends,” even if they are relatives, might be a good start. Your son probably knew that these characters went armed and will also be armed the next time, so the last thing that you want is for him to live within easy driving distance of them.

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

 

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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

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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.

Defective Speedometer versus Speeding Tickets

 

https://www.avvo.com/legal-answers/authorized/how-do-i-get-out-of-a-speedometer-violation--4984935.html?answered=true 

How do I get out of a speedometer violation?  I got stopped for speeding, at the time I didn't know I was speeding, my speedometer read the speed limit. The officer understood and gave me a speedometer violation instead. This still carries 2 points off an incense. I can't afford the insurance from the lost of points. I replaced the speed sensors in my car also. Is there any way I can get out of this?   1 attorney answer

Jay K. Nixon, Licensed for 40 years, Avvo Rating: 10 Criminal/traffic Defense Attorney in Janesville & Kenosha, WI

Defective speedometer is not a moving violation, but instead a non-moving equipment violation. It’s only two demerit points with the DMV, so you might consider whether you really want to fight it. An experienced traffic lawyer might beat it at trial, but do you really want to try? The prosecutor might consider amending the charge back to speeding, of which you were apparently guilty. Unfortunately, there is no requirement that you were deliberately speeding, since doing so by accident or mistake (due to your own faulty equipment) is not a defense to the charge. Minor infractions like lower level traffic are more regulatory that punitive, with lower penalties, so the traditional need to prove evil intent is absent. Sorry for the legalese, but defective equipment is "malum prohibitum," rather than "malum en se," meaning prohibited for regulatory purposes, rather inherently evil like murder or child abuse. One the other hand, for something like murder, an honest accident or mistake is actually a defense in criminal murder prosecution by the government (but not a defense in a private civil negligence/personal injury lawsuit for “wrongful death” in a car accident, for example).

OWI Arrest Based on Citizen Complaint

 

https://www.avvo.com/legal-answers/authorized/dui--does-being-reported-by-a-citizen-automaticall-4983248.html#answer_10122093

DUI. Does being reported by a citizen automatically give an officer reasonable suspicion to pull you over?

I was driving to my destination. I turned on to the street of my destination when I noticed a police cruiser tailing me. I continued to drive at the speed limit and within my lane. I feared that I would be pulled over before I reached my destination, but it wasn't until I reached my destination, safely and legally parked, and turned off my car, that the officer turned on his emergency lights. I'm not sure if that is relevant or not but I wasn't prompted to pull over by emergency lights. I was parked at my destination when he decided to turn on the lights. The officer told me that he got a report that I allegedly almost hit a car and that’s why I was "pulled over". So my question is, does simply receiving a report from a citizen constitute reasonable suspicion to be pulled over? I don't know much about the law but isn't that called "Hearsay"? By the time the officer began to tail me, I committed no traffic violations. Which is why I'm assuming he didn't turn on his emergency lights until I parked. I can't afford an attorney so I'm just trying to figure out if I should even bother fighting this case at the risk of a more harsh sentence. Any information helps. Thank you.

 

Jay’s Answer

If you stopped at your destination on your own before the officer confronted you, then you were not technically pulled you over. Observing you while parked or walking on a public roadway would then require even less probable cause the pulling you over while driving, and if the officer then next smelled alcohol, he wouldn't even need to citizen complaint to justify checking further, and then in eventually arresting you, if impaired. There is caselaw on law enforcement's duty to verify citizen complaints with their own observations. While required, they needn't do much more than observe on their own to see if at least a few of the details are true. For example, that a car roughly matching the description of yours was on a certain route of travel at a certain time, etc. They will also usually follow you if possible, to try to spot bad driving on their own, again, regardless of the citizen complaint. Either way, we are not supposed to give you legal advice on these websites, nor do we have nearly enough detail here to do. Instead, you should retain an experienced criminal lawyer as soon as possible for the best outcome available to you. Be aware that many of your rights expire in as little as ten days from when you were cited drunk driving cases, so time is of the essence.

 

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

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

Criminal Defense Attorney with offices in Janesville & Kenosha, WI 

While the owner could complain to authorities about your removing the bumper sticker as "criminal damage to property," I would be surprised if many prosecutors' offices would have time to do much with this police referral due to all the riot related, major arson and criminal damage cases which they are now prosecuting these days. Rather than risking it, however, why not just tell him that you plan to remove it if he doesn't? Either way, if it is a bad as you say, somebody else might very well remove it for you, or do something worse. Nonetheless, the law technically protects both his property rights, and his freedom of speech; so, acting without arguable permission would be illegal.

Speeding Ticket from Dash Camera Received by Mail

 

https://www.avvo.com/legal-answers/authorized/speeding-ticket-received-in-the-mail-4979136.html?answered=true

Speeding ticket received by mail

I received a speeding ticket in the mail almost a month after the alleged incident. The officer never pulled over the vehicle. Apparently the officer got the plate number from his dash camera, and then phoned owner of the vehicle. The owner said I was driving the vehicle. I called the police department and said it wasn't me. The officer on duty stated were sending me a ticket anyway. The ticketing officer sent me a ticket based on a phone conversation who accused me as the driver. I challenged the citation with the prosecutor, and he said will take it to trial. Is this prosecutor for real?

1 attorney answer

Jay K. Nixon

Licensed for 40 years, Avvo Rating: 10 Traffic Defense Attorney in Kenosha& Janesville, WI

Traditionally, WI has not prosecuted people with robotic devices only, so this would appear to be something new. I understand that they are commonly used in Europe, as well as in other parts of the U.S. If the government can't prove guilt by "clear and convincing" evidence (roughly meaning to a 75% level of certainly), the trial judge will be obligated to dismiss the citation. Prosecutors certainly have the option to "give it a try," even though personal identification in court by the arresting officer has been the norm in every speeding trial I have ever done over the last 40 years (most of those being in my Ex-prosecutor role awhile back). Your odds of winning will be much better with an experienced traffic litigator on your side, however, since you will certainly be facing one of those on the other side. The less senior prosecutors usually do speeding trials by the hundreds, as do the officers who testify, and the judges who decide the cases. You will therefore be walking into a long running play, where everyone but you knows all the lines, if you attempt to fight this by yourself.

Disorderly Conduct Charge for Yelling at Cop

 

https://www.avvo.com/legal-answers/authorized/is-it-illegal-to-yell-f-the-police--4973390.html?answered=true      Is it illegal to yell at the police?  I got a disorderly conduct ticket for yelling f the police at a police officer that was on the side of the road

Answer by Jay K. Nixon, Criminal Defense Attorney with offices in Kenosha & Janesville, WI.        Disorderly conduct is the most vaguely defined crime of our criminal code in WI, but has withstood several constitutional challenges based upon vagueness,  Nobody has actually needs to be disturbed, but the government must prove that disturbance of somebody other than the police car was likely.   My experience is that juries often convict people, even on weaker cases than you mention, but much will depend upon where this yelling was done.  For example, disturbing someone is not likely on a lonely country road in an uninhabited area.  In town, however, yelling is nearly always likely to disturb somebody.  Either way, you have a defenseable case, or least a negotiable one, if you get an experienced local attorney, so do that if you really want to fight this.

Mother with Dementia, Alleged Abuse by One Child against Another Who is Agent Under POA (Power of Attorney)

 

https://www.avvo.com/legal-answers/authorized/how-can-i-help-my-mother-who-has-dimentia-and-my-s-4975063.html?answered=true

 How can i help my mother who has dementia and my sister ,who claims to be POA is physically, mentally and financially abusing her?

I have reported her to ssi for fraud and for elder neglect . . . .all whom have never once asked for proof of POA, but refuse to listen or will not answer questions because I’m not the poa, but will not ask for proof if she is.  And, she also refuses her medical treatment believe for fear of questionable competency, for what reason, She claims she will be putting her in a home soon, and selling moms house to pay for that, saying my mom has no insurance to cover it and does not receive ssi, even though I have verified a yes thru ssi.  What is she up to? And what can I do?

 

Answer by: Jay K. Nixon, Licensed for 40 years, Avvo Rating: 10, Estate Planning Attorney in Kenosha & Janesville, WI

I am very sorry for the stress this sad situation must be creating for you and your family. However, you probably should not expect authorities anywhere to accept unproven or nonspecific allegations of fraud, theft, and abuse. My guess is also that they already have a copy of the POA in their files. They likewise are indeed required by confidentiality to not reveal financial details to persons to whom your mother did not provide written consent before the onset of the dementia (a POA being one form of consent). Either way, if she really has terminal dementia, there is almost no insurance which will cover the costs of her long-term care other than Medicaid. That is a poverty driven, form of public welfare, only allowing liquid assets of less than $2K to qualify. Once she is receiving homecare through Medicaid, the government will still allow her to occupy her home as long as she is able, but will place a lien against it up to the total amount which the spend on her, which effectively makes it theirs, assuming there are no unpaid mortgages or other liens already placed against the title. To qualify, she will need to spend down her other assets to $2K before she qualifies, and if the house is sold, the money normally needs to be spent on the costs of her care; attempting to gift it to family members without careful advanced planning may disqualify her from further government assistance. What you describe makes it sound like your sister may have commenced this process, which is perfectly normal in many scenarios like this. You do have a litigation option if you feel that things must change, however, and that is known as a formal guardianship petition, where a guardian replaces the POA under supervision of the court. You could request that you or some other family member serve as guardian rather than your sister. Most probate, estate planning and elder law attorneys do this type of work, so retain one of those as soon as possible if the situation is as bad as you think. You should also probably talk to her county's Office of Aging Assistance, who might do some of this for you, if your allegations have merit.

Cell Phone Use While Driving Citation in a Legally Parked Car

 https://www.avvo.com/legal-answers/authorized/-can-you-get-a-citation-for-having-a-car-in-a-park-4970221.html#answer_10102797

Can you get a citation for having a car in a parking stall while engine is idling while on a cell phone while getting help?  My car was having mechanical issues. I pulled into a parking stall, left it running because I didn't think it would start again and called for assistance from my friends. The officer gave me a ticket stating that I was violating the law by  using my cell phone to get help.

 

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

 

Of course, a better question than "Can I get a citation, . . " is the related question of " But can they prove it?" If the judge agrees with your version of the facts after trial and no statute makes that conduct illegal, it will be dismissed. Get a lawyer, however, if you are serious about challenging it, and please give the lawyer more information than you've given us here. Particularly, we would need to first know what you were charged with , and under which particular law (i.e., state, federal or municipal), since there are at least a dozen different scenarios which might have preceded what you told us about, any of which you could have been cited for, and each of those presenting different defense opportunities.. Either way, good luck with this defense!