Tuesday, October 6, 2020

Traffic Stops in your Driveway, Firearms in Texas After Felony, Credit Card Fraud Police Interrogation

 

• Can a officer pull me over and issue a citation if I'm in my driveway and already out of the vehicle?
Officer tailed me for a mile and didn't turn his lights on till I exited the vehicle.
Jay’s Answer (Jay K. Nixon, Attorney with over 40 years of experience and offices in Kenosha & Janesville, WI)
Yes; since there is no requirement that you be personally served at all with any traffic ticket, they could even mail it to you, and they have at least two years to accomplish that. If you want to beat this one on a technicality, you'll therefore need to find something better than this. A case review by an experienced traffic lawyer might find such a defense, or at minimum, get you the best possible deal if there is none, all with your not needing to attend court, since lawyers are allowed to appear for clients in minor traffic cases, so long as the right paperwork is filed. Either way, we all wish you the best of luck.
See question

• Can I legally own a firearm in Wisconsin, and if yes what are the restrictions?
I was convicted of a state jail felony in the state of Texas for evading arrest in a motor vehicle. I was charged in 2005, put on deferred adjudication, and I messed that up, so I was sentenced in 2008 and did 4 years of probation, completing succ...
Jay’s Answer
What I think attorney Zhang is saying is mere expungement won't change the fact that you were once convicted, which is certainly accurate. What would usually work, however, is if you were found "not guilty" by a judge in the old felony conviction case. Whether or not this is still possible is something best asked of Texas lawyers, so you therefore might want to re-post this question on AVVO under Texas law., rather than WI law, even though you might live here currently.
See question

• I committed credit card fraud and now I am being called in for questioning by the police. What do I do?
It’s been a bad year for me I lost my sister in law unexpectedly and then my husband got really sick and was in the hospital for 5 days. So no income for him or me I lost my job due to COVID 19 things are getting so bad financially I just didn’t k...
Jay’s Answer
We are all sorry to hear about your problems, but either way, you really should get off the internet and into the law office of an experienced criminal Attorney as soon as possible. You are only hurting your case by posting so much detail online, so share all that information in the privacy of the lawyer's office instead. You are probably facing potential prison time, measured in years rather than months, so give that possibility the attention which it deserves, so that you can hopefully avoid it. Time is not on your side as your prosecution roles on; there will be progressively fewer and fewer options available to you at each successive stage of these proceedings, so don't delay any more. Go to your local public defender's office if you can't afford counsel.

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