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

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

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

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

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.