Settling Collection Lawsuits vs Filing Bankruptcy

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

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.

 

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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.