Arrested with hot catalytic converters

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Do I have to prove source of income for funds in Racine County Wisconsin when there’s nothing that ties me to a crime nor the funds?  Was pulled over in Racine county for speeding violation; Not the driver; Narcotics dog was called and allegedly detected narcotics.  No narcotics seized or found traces nothing.  Was in possession of catalytic converters; Nothing stolen nor was from the state of Wisconsin.  Funds was placed under safe keeping at sheriffs department.  Now I’m being asked to provide proof of funds when there’s no crime committed funds aren’t pending confiscation.  I deal in mostly cash business as a sneaker reseller/custom car guy.  Is the burden on me to prove the funds?

Unless you have legal training, talking to the police is dangerous, and my guess is that you might have already might said too much.  The police might also know more that you think, meaning that your “speeding” arrest with a car full of hot auto parts might not have been an accident.  Answering your question, do you need to prove your source of income, the answer is technically "no," but failure to do so might lead to your being charged with a serious crime, after which the government would need to prove your guilt beyond a reasonable doubt, but that might be much easier than you think.  On the other hand, even if you do try to prove your source of income, you could still be charged, and possibly even convicted  You therefore need experienced defense counsel to help you make this decision. 

Fatal Accident, Can Driver go to Jail in WI ?

Fatal Accident, Can Driver go to Jail in WI ? 

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Can I still go to jail?

I was in an accident, and someone wound up dying. The officer said I appeared not to be at fault for the accident but I didn't have car insurance at the time. Could I still go to jail?

Jay K. Nixon

Avvo Rating: 10 , Criminal Defense Attorney in Janesville & Kenosha, WI

 

Yes, if you were found to be intoxicated, fled the scene, or were guilty of several other serious traffic violations, and an accident resulted in any injury, it sometimes could become a criminal offense. Otherwise, there are a large number of civil infractions which do not have a jail option, in which event that answer would be no. Either way, you still need a lawyer, however, just to handle the civil liability and driver’s license ramifications. For example, the DMV would often still try to take your license due to driving without insurance, is many similar scenarios involving the facts that you mention. Either way, we all wish you the very best of luck in resolving this successfully.

DUI 1st in Wisconsin Driving Not Observed by Officer

 

 

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Will I get charged?

Last night a had a few drinks with friends. Someone called the police saying I was driving recklessly but by the time the cops came I was talking to my friend in the middle of the street and I wasn’t moving. They asked me questions and I complied with what they asked I did the test I guess I failed because I was arrested. I was always told that the cops have to read you your write while putting you in the vehicle but they didn’t they did it at the station. At the station they did the breath test the first test came out at .00 then they did it again and it said .15 so I’m guessing is high. It’s my first offense and I’m super scared I got my fingerprints taken and my pictures as well. Sat in the station till 5am after going in at 12:33 am. I just got two tickets and the cop stated that I would be ok because it’s my first offense. On my breathalyzer test my name was spelled incorrectly would that make a difference. I have a court date on Jan 20th does that mean I was charged? I’m so confused.

 

You don’t sound confused to me at all, although the situation is always confusing to the inexperienced.   The .00 test result was probably what they call the "room air blank," where the machine tests the air in the room, which should read zero, followed by a test which should match the lab prepared sample containing a known alcohol content from the WI State Laboratory of Hygiene, in order to make sure that the machine test matches the known sample.   Only after all of that, if the machine passes both of those tests, would they would first test you, and then they would normally test your breath two times, a few minutes apart.  You really need a lawyer to evaluate this evidence and recommend whether you should fight it or negotiate.   Even if you don't fight it, working you through to a resolution with minimal impact upon your long-term driving privileges is a challenge in itself, to the extent that many unrepresented folks never manage to get their licenses back for the rest of their lives.  The  police are not required to observe you driving, whether recklessly or not, if they can also prove cause to stop and the fact that you are legally drunk by other means, such as testimony or admissions by others (most frequently, admissions by the driver himself of driving the car to the location of the arrest).  Regrettably, 1^st offense, civil prosecutions do not implicate the Miranda rule, since even if you confessed or are otherwise convicted, you cannot be jailed for the first OWI in WI (other than for nonpayment of the fine, eventually, after all the time extensions to pay expire).  Either way, we all wish you the very best of luck, but good luck is far more likely with help from seasoned defense counsel. 

Underage Sexting Blackmail Scam

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Jay K. NixonAvvo Rating: 10

Criminal Attorney in Kenosha & Janesville, WI

You are "liable" to these blackmailers only in your own mind, if you are dumb enough to believe them. Odds are, the person on the keyboard who is communicating with you is actually not even a minor but instead an adult, in Nigeria, Eastern Europe, or many other scammer hotspots, some of which do not have extradition treaties with the U.S., and using photos obtained from others Adding to Atty. Ilmanen's great answer, you should do a favor to both yourself and to the rest of society by reporting this. Spare the details unless someone gets back to you but do tell that you are being blackmailed and that it is still ongoing, since the police may want to arrange a sting operation. My guess, however, is that this is probably originating outside the U.S., so that might be complex, but at least reporting will add this one to their database so that they can monitor the gang doing this and warn others, or take further action if warranted. If you are uncomfortable going to your local police, you can report them online at the FBI's scam report website, which is at https://www.ic3.gov/. Due to high volumes of these, don't expect much in the way of response, but do follow up if they get back to you. Odds are, the person on the keyboard who is actually not even a minor but instead an adult in Nigeria, Eastern Europe, or many other scammer hotspots, some of which do not have extradition treaties with the U.S. Another benefit of reporting is that if this gang or the pictures are ever investigated further and your phone number located, the report will prove that you are victim rather than a pedophile.

Following too Close on a Jet Ski or Boat

 

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What can I do if I hit someone on a jet ski and hurt them and my insurance company only covers so much can I file bankruptcy?

Can I file bankruptcy if I was at fault in an accident and my insurance company only pays so much a guy stopped real fast on a jet ski and I couldn’t stop fast enough and hit them causing damage to their jet ski and one person’s leg really bad my insurance company will cover 300,000 but that’s not enough IF they sue to get more can I file bankruptcy and have it cleared

   1 attorney answer

Jay K. Nixon    Avvo Rating: 10 

Chapter 13 Bankruptcy & Criminal Attorney in Janesville & Kenosha, WI

Accidental injuries are generally dischargeable in bankruptcy, but not so much if you were either intoxicated or unusually reckless in causing them.   Following too close, "rear-ender" type collisions, whether in a boat or in a car, informally 100% the fault of the rear vehicle, since you have full responsibility to leave enough of a gap between vehicles to permit a safe stop.  For boats, which lack brakes, this needs to be a lot further than following in a car, with brakes.   Since you hit another vehicle which did not have breaks either, you were probably responsible.  Therefore, your liability sounds very difficult to contest.  Either way, however, if your insurance is looking insufficient in any respect, you are in dire need if independent legal advice on your option, which might include addition other insurance companies to the lawsuit, or other parties who were potentially at fault.    In addition to that, however, you need to consult with a bankruptcy attorney as well, and we all wish you the very best of luck!

 

Clearing up a WI Bench Warrant from out of State

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How can I clear a bench warrant in Wisconsin?  I lived in Wisconsin for a year, and while I was there I got a traffic infraction that resulted in a court date. By the time the court date came I was already back in Florida. I just realized I still have a bench warrant there and I need to get it cleared for professional reasons. I was told that I have to show up in person. That would mean flying up there, which is not feasible as I have small children. Is there another way to take care of this?

Jay K. Nixon; , Avvo Rating: 10 , Criminal Defense Attorney in Kenosha, WI  

You need to retain a WI Attorney to schedule a court date or resolve the matter in some other way. That attorney will likely have far better luck than you with this, and potentially avoid the need for you to return from Florida to WI. Bench warrants are general forever, otherwise, and the passage of more time is hardly likely to improve the situation. You also face a new charge of bail jumping for not going back to court, which needs to be resolved, but which resolution is highly "doable" with the right expertise at work for you.

Resolve Active Arrest Warrant Cases Before Addressing Official Misconduct Concerns

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Resolve Active Arrest Warrant Cases Before Addressing Official Misconduct Concerns

Do I have a valid lawsuit against probation officer violating disclosure?

I am/was on probation from 2019 till currently. At some point my mother had contacted the probation office to speak to my probation officer about me coming to visit her in Michigan (my probation is in Wisconsin) My probation officer told me that she was communicating with my mother and even made some sort of arrangement for me to visit her. Written or oral consent was never given to the agent to disclose this information. Anyway a few weeks later my probation officer incorrectly assumed I missed a probation meeting, so she ended up informing my mom, incorrectly, that I had missed a report date. My mother was sent into an anxiety attack and contacted my siblings voicing her undue concern. After this I stopped going and communicating with my probation officer. My privacy, as well as my family's peace were disturbed by this. I was later arrested on a probation violation and when I reported to the agent the reason I was not in communication with my officer was because of the mistrust of my PO, the next day I was released with no instructions to report and since have not been contacted by the DOJ. Do I have case?

 

Answer by:

 Jay K. Nixon

 

Avvo Rating: 10, Criminal Defense Attorney in Kenosha & Janesville, WI

You have one good answer already from Atty. Fenton, but I would just add that your PO is not the same as your doctor or lawyer, in terms of confidentiality rules. Instead, a PO is more like a policeman, who is obligated to have you arrested and prosecuted if you violation the rules, and in the process, "tell all" in terms of your behavior, as well as that of the folks with whom you associate. More importantly, however, is there now an active absconder warrant out for you? I would check, and then deal with that before worrying about PO misconduct claims. Although you can pursue those as well, you will need to do so from jail or prison if you don't keep your PO happy. It is extremely hard to win revocation cases based upon "absconding," which these days can be nothing more than a missed zoom meeting or phone call with your PO. The sooner you resolve it, however, the more likely it is to be more or less forgiven. Quite the opposite is true if you just ignore it until you randomly get picked up--you, after which you could end up sitting in jail for months before the PO even takes any action.

Suppression of Confession Under Miranda Rule, Theft of Packages from Doorstep

 

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Jay K. Nixon, Avvo Rating: 10  Criminal Defense Attorney in Kenosha, WI

I would be surprised if a suppression motion would get far in this scenario, depending upon the details of the testimony, which we can only guess at. The problem is that police are allowed to ask a lot of preliminary investigative questions in order to identify and select their primary target for prosecution. An initial question open ended question at a doorstep, such as "Do you know anything about missing packages, , , , " would therefore be fair game.  But, an  incriminating answer might change the picture, and require the warnings. Either way, the Miranda rules "ain't what they used to be," due to numerous Supreme Court decisions watering them down. The videos, however, offer an argument that she already was the target, which might change the outcome, it this made the judge conclude that this was one of those rarer creatures known as a “custodial interrogation.” You need to get her a lawyer, to thoroughly investigation all the options, if you really want to make an informed decision.

Probationer's Wife's Home Searched without consent after Husband flead from a Traffic Arrest arrest

 

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Can the police get a warrant or have just cause to search my house after arresting my husband when we were in a traffic stop?    My husband fled a traffic stop when I was in the car with him. The police claimed because he was on felony probation they could search my house and we found out it was for probation violation that he had a body attachment but once he was in custody why did my home need to be searched and why did i have to be in the back of the cop car in a different location as they searched my house while using my key from in my purse without permission

Authorities could probably lawfully search a probationer's residence (on behalf of the PO) without a warrant, but the same may not be true for your residence. Therefore, if you get charged with something as a result of a warrantless search, an experienced criminal lawyer might be able to get the evidence suppressed, which might also mean that the DA abandon's the underlying prosecution against you. I am guessing however, that they may have later gotten a warrant to come back later and search your house, however, so this issue may not come up. You also don't say whether or not you were charged, but either way, if you want real legal advice in a complex situation like this, you should retain a lawyer, who could also investigate whether or not your civil rights were violated in any fashion that might make a civil claim worthwhile.

Can Probation Officers Force Clients to Release Medical Records?

 

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Do I have to give release of my medical procedure to my probation office if they requested me to sign

I don't feel comfortable signing release of medical to my PO.

Medical records access could be important for monitoring treatment compliance, often ordered when there is a mental health or addiction issues arise. Although your lawyer could possibly set up a review before your sentencing judge for a clarification, read over your rules of probation carefully.

You should also pick your battles carefully with your PO, since he or she will be deciding your future, which could either be as a free person as an inmate if you are revoked.  Of course, yet another option is the reject probation and face the consequences revocation.  If those were already determined in an “imposed but stayed” sentence, you will know precisely where you are headed, but if no specific sentence is mentioned, you would go back in front of your judge, who might assume the worst as to your reasons for refusing to release your records, i.e., that you may have gone back to using drugs or alcohol.  Although you would probably lose, a sentencing after revocation would present you with the option to get back in front of the judge to argue whether or not you have a right to refuse to sign the medical records release.

 Does a case get dismissed when the detective gets caught bold faced lying in the discovery? Caught red handed!!! - Q&A - Avvo

Does a case get dismissed when the detective gets caught bold faced lying in the discovery? Caught red handed!!!

I originally filed a complaint about my computers involving my ex’s adult kids and another gentleman. This took place from Wisconsin to Nevada where somewhere the Detective turn around by the charges on me which are not true. To Advance His abuse of power He stated in the discovery that Someone in my complaint doesn’t even exist. Well now I have 100% evidence that the detective lied got caught bold faced lying and I would like the case dismissed.

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

An officer caught lying should and will face consequences, that doesn't necessarily translate into the rest of the public, whom he represents, receiving the collective punishment of dismissal, particularly of a major case such as a homicide. In minor matters, however, many judges still might see dismissal as a proper resolution. Talk to your lawyer since your outcome could be anywhere in between. Certainly, a lie should and usually will get you a better offer, if handled correctly by your lawyer.

Arresting Officer is an Old Friend--Conflict of Interest?

 The detective in my case is my old liaison officer and has been a best friend of my family for years can she be a conflict - Q&A - Avvo

 

The detective in my case is my old liaison officer and has been a best friend of my family for years can she be a conflict

Can the detective in my case be on it and isn’t that a conflict of interest and they also failed at a simple search warrant I set everything out for them I feel she played favoritism on my part cause I told her she forgot stuff and she said idc basically 

Criminal defense,     1 attorney answer:  Jay K. Nixon  11 reviews Avvo Rating: 10  Criminal Defense Attorney in Janesville & Kenosha, WI

So you believe that the officer is being too lenient on you, and you would instead prefer someone who would be harsher with you? Either way, I guess that past personal relationship with the officer could be a potential conflict, but you might consider your goals here before you raise it. You should therefore talk this over with your lawyer in depth before you make another move. Smaller towns sometimes make conflicts so frequent that it becomes impossible to get anything done without ignoring some of them.

 

Drove and hit a curb on the way home. A person driving saw the incident and called the police. - Q&A - Avvo

Answer by:  Jay K. Nixon 3.5 stars 11 reviews, Avvo Rating: 10 

Criminal Defense Attorney in Kenosha & Janesville, WI

Drove and hit a curb on the way home. A person driving saw the incident and called the police.  I had some alcohol and was driving home and hit a curb on the way. There was a person driving that saw what happened, so he followed me home and called the police. I got home safe and sound. 15 minutes later the cops showed up in my house and arrested me.

Did you have anything more to drink after you arrived home?  If so, that could complicate a drunken driving prosecution against you and give you an advantage.   Either way, be sure to have your lawyer look into that defense as well as any others that come to mind.   You don't say what your BAC was, but with the accident and citizen self-appointed cop who followed you home afterwards, it looks like there might otherwise be facing a strong prosecution case, with plenty of probable cause for the arrest.  

 

Could I lose my security job if I was arrested for disorderly conduct (use of dangerous weapon ) ? - Q&A - Avvo

Could I lose my security job if I was arrested for disorderly conduct (use of dangerous weapon ) ?

Jay K. Nixon 11 reviews Avvo Rating: 10

Criminal Attorney in Kenosha & Janesville, WI

You have some good advice already from Attorney Pont; if you are an employee at will without an employment contract or collective bargaining agreement, you are always at your employer's mercy, and can be fired for any reason or no reason, so everyone charged with crime in WI should always hire seasoned criminal defense counsel to assure a minimum amount of damage to one’s public record. In WI, however, there are also limited exceptions protecting from discrimination due to a criminal record, however, i.e.., employers cannot discriminate unless the conviction is somehow germane to the job. A classic example would be a bank teller convicted of shoplifting or theft, who would indeed be lawfully fired since that job puts them in a perfect situation for more stealing. The opposite might be a field hand, who does not handle money, nor any other thing of value, however. A crop field workplace probably does not put the employer at risk of theft by such a person since there is nothing there worth stealing, so dismissing him might be found illegal by a court or government agency. Either way, we all wish you the best of luck; talk to your lawyer about seeking some sort of first offender treatment, if you have no priors.

Questions answered by Jay K. Nixon - Avvo

As a felon, can you protect your home from intruder castle law?  Jay’s Answer

Yes, even as a felon, you can protect yourself, regardless of whether it is legal. If your life is truly in danger, then exposure to a criminal charge is a small price to pay in order to save it, and DA's have total discretion as to whether or not to charge you, so if you and your lawyer can convince the authorities that the need was real, you could avoid prosecution. That being said, you should never possess a firearm, since you can and will be prosecuted if caught with it, even at home, so you will need to find another way to protect yourself, such as a guard dog, crossbow, air gun, or baseball bat.  Laws against possession of a firearm by a felon have no exceptions for the Castle Doctrine/ home defense, but any experienced criminal lawyer would still argue for one in the right situation.  Either way self-defense in any situation is complex and hard to win, but again, these are small concerns compared to not living another day in order to litigate it. Either way, if you can avoid illegal associations and move to a better neighborhood in order to avoid this attack, you would be far better off.

Will Protective Orders Cause One's Car to get Pulled Over?

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f I have a no contact order against someone else, will it show up if a police officer scans my license plate?

Jay’s Answer (Jay Nixon, Criminal Defense Attorney with offices in Kenosha & Janesville, WI

Yes, oftentimes, domestic violence protective orders will show up if an officer runs the plates of the protected person. However, I would not recommend that you count on it, and that you instead ask any officer pulling you over if it came up, or write to your local police department head if you believe that you need any special additional protections or have other concerns relating to enforcement of your order. The same would be true any time anyone is using or has taken your car without your permission. Enforcement of such orders tends to be complaint driven, so odds are good that law enforcement will not closely monitor any situation unless you ask them to and furnish them with a copy of the order. If you do lend your car to somebody (which is nearly always a bad idea), you might want to make them aware of the order's existence. If someone other than you is driving or in particular if the person you are protected against is borrowing your car, or anyone matching his description), you should probably make them aware that they may get this extra attention, which may or may not be desired.

Should He let Girlfriend Sell Porn Commercially, Using his Bank Account?

 

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Can I legally open an “Onlyfans” account for my girlfriend?

My girlfriend wants to start an only fans account to make some extra money to help pay off her debt. Thing is she doesn’t have bank account of her own. I would let her use mine and just give her what she earns in cash. The only fan would be open in my name, but she be the one uploading the content. Is this legal.

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

Whether or not letting your girlfriend operate a business using your name and bank account is a good idea, you should also ask yourself how much you trust her. And whether she shouldn't also really be opening up a bank account of her own at some point in her life.  With this idea, your entire credit/financial identity would be vulnerable to theft during this project, by her or by anyone else with access to her computer or phone, to say nothing of whatever money is in your bank account, which could quickly disappear. She also might someday find a new "boyfriend," who is maybe less honest than you. Finally, any income from the commercial website which she wants to set up in your name, would be yours alone for income tax purposes, so how do you feel about paying her income and sales taxes, to say nothing of the expenses of preparing the necessary business tax returns for income and sales taxes? So, even if it's not illegal for two people to use one bank account, (assuming momentarily that you don’t need to lie to your bank for all this, which is illegal), then still; for a commercial account with income, might this not turn out to be a very bad idea someday? If she does anything illegal on her "only fans" site, you might also find yourself becoming a money launderer for a criminal enterprise like child pornography, in addition to a party to the crime itself, either of which can be hazardous to your freedom. In short, I would not do this without some serious, paid legal advice answering each of these questions, rather than relying upon free commentary here, which is most definitely NOT intended as legal advice online.

"Do Not Detain" Order for Party Close to Past Drug Investigations

 

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What does do not detain mean?    Never been in trouble but other people around me have for drugs I was pulled over for missing tail light and the officer said I had a do not detain order

Jay’s Answer (Jay K. Nixon, Criminal Defense Atty. with 42 years of experience in Kenosha & Janesville, WI).

We you possibly ever useful to the police as a source of information in the drug cases? If so, they sometimes return the favor in ways like this. Either way, I would still not push my luck if I were you and would instead get the tail light fixed. An arresting officer getting a teletype such as "do not detain" would likewise not save you from arrest for anything truly serious, although they might take precautions such as segregating you from other inmates, to protect you from possible reprisals while detained.

Property Division after Husband Goes South After Father's Death, Inherited House

Property Division of Inherited Property from Estranged Husband who Moved South

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Jay K. Nixon Avvo Rating: 10 Chapter 13 Criminal Attorney in Kenosha & Janesville, WI

My estranged husband moved to Georgia. We were married in WI. Don't know what is going on with the house his dad gave him before he died. I spent like 10 years there, part caring for his father, what are my rights in Wisconsin?

Your rights are very few for property inherited from your spouse's family, but you should still talk to a family law attorney about the advantages of suing now for property division, either with or without a divorce request, rather than waiting. Of course, if there was some sort of agreement that you would receive compensation for caring for the father, that might improve your situation, since you could sue the estate or its heirs (such as your husband), for breach of contract, regardless of whether you remain married. Either way, your claims are not likely to improve with time but in fact might increasingly "go south," on you, as your husband did, the longer you wait.

Car Accident Minor Trusts at Age 18 in WI

 

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How can I find a trust fund that I supposed to receive when I turn 18 years of age ?    I got in a bad car accident when I was 12 and I got a lawsuit for and the money post of been in a trust fund when I turn 18

 Jay K. Nixon     Avvo Rating: 10 Personal Injury Car Accident Attorney in Kenosha & Janesville, WI        The easiest option is to call your attorney. Court settlements for minors in WI usually go before a judge, which will create a court file that will contain a paper trial to locate the attorney if you are no longer in touch. If this was a straight minor guardianship, you would normally get the check on your 18th birthday, no strings attached. If you are already 18, they might even be trying to locate you as well for that purpose. Again, however, the details may vary, and the quickest source of information would therefore be the attorney, who may know details which are not shown in the court records. Either way, good luck, and don't spend it all in one place! You might also consider looking into an annuity, which would pay it out over time to you plus add some interest income, to say nothing of protecting you from your own temptation to spend extravagantly and end up with nothing after a year or less.

Suspending Child Support While Mother in Jail as OWI Multiple Offender

 

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Can child support payments be temporary suspended?

Jay’s Answer (Criminal Law Attorney with offices in Kenosha & Janesville WI)

I agree with the answers so far, but would add that nothing in family court will change automatically. Therefore, even if she gets a long jail sentencing (anywhere the six-month maximum on the OWI, but potentially more on the other misdemeanors), your child support will continue throughout the entire sentence and go to her. If you do not like that idea, you need to get an experienced family attorney onboard immediately, since it is almost impossible to get credit retroactively, from any time before your formal support modification paperwork is filed.

United States Trustee Attending Consumer Bankruptcy Hearing—Good News?

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Jay K. Nixon, Avvo Rating: 10,  Bankruptcy & Federal Criminal Attorney in Kenosha & Janesville, WI. 

Merely continuing the 341 meeting is routinely done anytime that the trustee lacks desired information.  Recent bank statements are always required, but the trustee might now also have requested older bank records, and the US Trustee's (i.e., the US Department of Justice, parent agency of the FBI) appearance probably might be the reason, since their office routinely does a more in-depth digital investigation than any trustee could.  That might have flagged some irregularity, which does not necessarily mean criminal activity, but sometimes can.   If you are concerned, you should immediately retain seasoned bankruptcy counsel (ideally a seasoned federal criminal lawyer who has served on the US Trustee's Standing Ch 7 trustee panel in the past), since you now have the option of claiming 5th amendment rights; remaining silent in bankruptcy court.  That would lead to a denial of your bankruptcy discharge, but most would agree that liberty is more important. Crimes investigated through bank records could include unreported/illegal income, money laundering, tax or bankruptcy fraud, and numerous other financial crimes.  Non-criminal goals are also common, however, since the US Trustee also enforces the means test, the goal of which is forcing higher income debtors (above the state's median income) into chapter 13.  There, they might have to pay something to creditors, unlike in chapter 7, where payments to creditors are relatively rare.  If the reason is strictly financial, such as encouraging payments to creditors, then financial negotiations and settlements with creditors (and the government) are another possibility, although the complexities of bankruptcy require highly sophisticated counsel with extensive experience in both specialties to conduct such negotiations. 

4 Offender OWI blows .14 but fails at .02, Multiple Offense Conviction Standards Lowered

 

Nixon LAW Offices

JetuiSspstonnsohie rrnrowedu  · 

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Nailed for my 4th dui. received my 3rd in 2015.. no accident or injuries and breathalyzer came back at .14. Need a good lawyer

Was in city of Oconomowoc, Waukesha county. But I live in Watertown....Looking for a good lawyer in the area that can help.

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

We are all very sorry to hear about your circumstances here. My guess would be that they also took blood, if they were aware at that time that you were a multiple offender. If the blood test result come back even close to the breathalyzer, this will become be a tough one to win with any sort of scientific defense. That is especially true in light of the fact that your reading of .14 would be seven times your maximum allowable blood alcohol of .02, due to your multiple offender status, if that reading is accurate. Either way, since a judge will end up sentencing you even if you fight it and lose, you will be facing a lengthy prison sentence, meaning that you will need experienced counsel, even if only for the sentencing, since only an experienced criminal lawyer will know how to properly present you in the most positive possible light at that time

7 Year Old Traffic Accident Judgment in WI

 

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

What can i do about clearing up a judgment from a car accident i was involved in in 2014?

Jay’s Answer (Atty. Jay Nixon, 41 yeas’ experience and offices in Kenosha & Janesville, WI

I am guessing that your main concern might be loss of your driver’s license. Is so, you should che)ck with the DMV, since the suspension might expire after a certain number of years, which might be shorter than the life of the judgment's enforceability. If your wages are being garnisheed or other assets seized, its life might be far longer (probably over ten years). Either way, a bankruptcy consultation might be a good idea. Short of that, on the Reinstatement issues, you can run a check on yourself at https://wisconsindot.gov/Pages/dmv/license-drvs/susp-or-rvkd/reinstate-wi-res.aspx .

Possession of THC in WI is still a Crime & Prison is Still Possible

Possession of THC in WI is still a Crime & Prison is Still Possible 

https://www.avvo.com/legal-answers/authorized/am-i-looking-at-jail-time--5158520.html?answered=true

Am I looking at jail time?

I was written three citations one for possession of THC one for possession of drug paraphernalia and one for possession of controlled supstance that is a scheduled

Jay K. Nixon,  Avvo Rating: 10, Criminal Defense Attorney in Kenosha, WI

Yes, you could potentially get county jail or state prison sentences for some of these, and, in WI, even the simple THC possession could be felony if you had a previous drug conviction or had commercial amounts of it with you. If the 3rd count was heroin or other opioid (among other things), that too would be a felony. Here, even personal use THC possession is therefore still a grave matter (unlike in all of WI's neighboring states, where it has been decriminalized). You therefore urgently need seasoned local criminal defense counsel if you care about your future. The sooner you get counsel onboard, the more the lawyer can do for you so don't delay or go to the public defender's office if you can't afford one.  Just because you could go to jail doesn't mean that you have to go there, if you protect yourself properly, with experienced counsel.  

A Bad Night at the Hotel Pool

 https://www.avvo.com/legal-answers/authorized/can-i-press-charges-on-a-rude-and-obnoxious-hotel--5157024.html

Can I press charges on a rude and obnoxious hotel clerk? 

I checked into the Hilton hotel in an hour after being checked in I got locked out of my room for two …. I had to move rooms I go to the second room.My kids father and kids were in pool while all this went down so they didn’t have to see us changing rooms my kids dad asked third shift clerk … I had left to go get food ….a new clerk there and she had not she did not want to let my kids father back in the building so when she came outside  I was trying to let her know like hey we had a bad night… she just bluntly started saying I’m tired of people trying to get over on someone … police came I received a disorderly conduct ticket

Jay’s Answer:

We truly appreciate all the detail here.  However, your closing phrase "... I received a disorderly conduct ticket," is the one that matters. DC in Wisconsin can be a crime or a civil infraction, but either way, you probably do not want it on your record, much less to do jail time for it, so retain counsel or go to the Public Defender's Office if you can't afford to. Either way, rudeness to the person in charge (here the desk clerk), rarely gets you what you want, and might get you arrested, so try to remember that for future bad nights. It is only after the ink dries on your final judgment of acquittal in criminal court that civil claims should even be considered, and even those will be barred if any sort of conviction or plea bargain resulted.

Who Keeps the Furniture After a Breakup?

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

Can my ex take furniture that I purchased while we were together?

Jay’s Answer (Jay K. Nixon, Criminal Defense Attorney with 41 years of experience and offices in Kenosha & Janesville, WI)

You have some good answers already. Sadly, the law enforcement decision not to charge the case criminally is likely to be final. So, you have several choices: small claims court , or a strongly worded letter to the boyfriend from a local attorney recommending that he work this out with you might also help, either of which might give you 50% odds of some success. However, the third option of using that money on replacement furniture gives you 100% odds of at least getting furniture, to say nothing of possibly helping you to move on with your life. If so, you can now bring along with you, the wisdom of this last bad experience. It is a fact of life that cohabitation, either marital or nonmarital, is hazardous to your possessions. The only sure protection is therefore not to live with anyone, and/or to carefully evaluate the person's honesty and credit worthiness any time that you might consider breaking this rule, since the law is not likely to protect you.

Jail time for OVAR (Driving afte Revocation) in WI for alcohol related revocations

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

How much would bail be if I am charged for OAR And will getting my license reinstated help me avoid jail time ?

Jay’s Answer (Jay Nixon, Criminal Lawyer with 41 years’ experience and offices in Kenosha and Janesville, WI)

Yes, coming to court with your license reinstated is likely to help you, but possibly less so while you are in your original period of revocation ordered by a court due to your OWI related conviction or refusal to take tests. Many judges regard that sort of OAR as akin to escaping from jail or scoffing at any other part of your sentence. As a result, many judges believe in jailing people for alcohol related driving after revocation, and yours certainly appears to be one of those. You are also correct that you face a one year maximum for such a ticket most of the time. Since the judge has huge discretion in whether to give you zero jail, as opposed to one year, however, there is a huge need for a lawyer in order to present yourself in the most favorable possible light to the judge. Your next step is therefore to retain seasoned criminal counsel to assist you further. And, answering your last question, "yes," there is a chance that you could totally avoid jail if you play all your cards right, since there is usually no minimum mandatory jail for this offense.