Absconding from Mental Treatment Grouphome in Kenosha

 

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Jay Nixon’s Answers

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 Jay Nixon

 (608) 851-2101

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• I awol from a group home on a chp 51 what am I looking at?

Jay’s Answer

• 5 minutes ago

A chapter 51 mental commitment in WI entitles local mental health authorities to have you arrested and held for the duration of your commitment, as well as for the commitment's extension if it is expiring. You really therefore need an experienced mental commitment lawyer as soon as possible, and the public defenders office is the most likely place to find one (although many lawyers who have previously prosecuted these cases for the DA's Office are now in private practice in your location including yours truly). Covid 19 is a valid sentencing consideration which does sometimes get people more favorable treatment in order to avoid unreasonable exposure to infection in many secure facilities and even halfway houses these days, but these arguments need to be properly presented by the lawyer at the right time in the proceedings.

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• Can a tow company in Wisconsin junk my car and refuse to give me my belongings without notice?

Jay’s Answer

• 15 minutes ago

Your insurance should pay for all of this and allow you to recover your car and other items. If none, an experienced civil lawyer would know how to sue for all of this, so retain one as soon as you can. Generally speaking, towers requested by law enforcement have a possessory mechanic's lien, which includes both storage and towers fees, and can sell the vehicle in order to cover all of this if you didn't first pay for it.

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• Somebody gave my description to manager and my license plate said I was stealing to store mistaken didn't scan orange juice $378

Jay’s Answer

• 31 minutes ago

In order to convict you if you fight any shoplifting case, they need to prove "concealment" or other action with intent to deprive the merchant of the merchandise, or at least of its marked price. If this is a mandatory appearance in circuit court, you would have the right to a jury trial, where the jury would be ordered to let you off if the DA couldn't prove all this beyond any reasonable doubt, The jury's verdict would have to be unanimous. If it is a non-mandatory appearance case, however, you it would be a bit easier to prove (only to about a 75% certainty is required). Either way, if you are convicted, you would have a permanent record which would be available to the public and therefore could be used against you in everything from employment to immigration. In either event, you would benefit greatly from retaining a seasoned criminal defense lawyer early in the process.

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https://www.avvo.com/legal-answers/authorized/said-i-was-doing-67-in-a-55-but-the-speed-limit-is-5102431.html?answered=true

Said I was doing 67 in a 55 but the speed limit is 40 mph?

They pulled me over going down a dead end street, then stated I was doing 67 in a 55 the speed limit that is 40 mph and I was pulling into my driveway they then gave me a dui and no speeding ticket then said I was speeding and pulled over a mile away from where they did. My question is should I fight it this is the same county that put me in jail for 20 days with no charges?

DUICriminal   Attorney Jay Nixon, Criminal Defense Attorney in Kenosha & Janesville, WI

You would always fight it in the county where it happened, regardless of whether have 20 days jail time credit coming somewhere. Either way, your odds of a decent outcome will improve with an experienced lawyer, who may or may not tell you that your argument about the officers not knowing the correct speed limit is worth pursuing. It sounds to me like they were following you for a longer time that you imagined, however, since it is common for officers to follow drivers for miles in order to count up enough mistakes to stop them.  We all with you the best of luck!

Long Term Effects of Disorderly Conduct Convictions

 

https://www.avvo.com/legal-answers/authorized/if-you-pay-an-disorderly-conduct-ticket-late-what--5101465.html?answered=true

Long Term Effects of Disorderly Conduct Convictions

If you pay an disorderly conduct ticket late what happens ?

I got into a fight on Dec 28th and I had court but they changed it due to the virus so she said i can pay it or try to fight it but I think I’m just gonna pay it

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

If you simply pay this or any other non-criminal charge (usually those with no mandatory appearance), the clerk of the court will assume that you want to plead no contest and enter a conviction. Municipal court convictions by default are usually for life and are a public record which any employer or background investigation of any depth can find. Instead, you should have a lawyer plead not guilty for you are try to negotiate a better deal, but only if you care about your future...

How to fight, defend and get dismissed traffic ticket in Racine, WI

 

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I got pulled over for speeding on I-94 on the way back to IL from Milwaukee in Racine County, this was back in June/July last year. They kept postponing and now i finally got a zoom court date in February. I was NOT speeding, didn't want to argue with the officer. What are chances of getting this dismissed? What proof would i need to provide, I had my kids in the car and the officer put wrong info on the ticket saying there was no one in the car.

Assuming that you don’t have a bad record, a well-seasoned lawyer from the area could easily resolve this in favorable fashion, or at least that has always been my experience during the 33 years my office was in Racine. Attempting to represent yourself at a trial there, however, rarely seems to work out for people in my experience.   Either way, good luck! 

Stuck in a Mortgage with Ex, Are there Ways Out?

Stuck in a Mortgage with Ex, Are there Ways Out?

https://www.avvo.com/legal-answers/authorized/can-i-file-a-partition-lawsuit-on-a-co-bought-resi-5097172.html?answered=true

Can I file a partition lawsuit on a co-bought residential property if I signed a quit claim deed?

I financed a home as the co-buyer with my ex through a mortgage lender that shortly after the closing they sold the contract to PennyMac. We were never married, and we have no kids with each other. We got the home in April of 2016 and by December of 2016 our relationship ended and due to hardship of the situation I was forced to move to my parents’ home where I am still currently living. I am unable to find a rental to live on my own or take out another mortgage since having a mortgage on my credit crushes my debt to income situation. I have been stuck in this situation for just over 4 years now. I have asked her to refi the loan and nothing ever came of it. I have been told I’m screwed by people I know and just today I somehow found information on partition lawsuit. Never heard of it before. This situation is happening in the State of Wisconsin. I want to be out from under this situation and be able to get an apartment or a home purchase again in the future. I honestly do not believe that the mortgage lender will allow her to take the loan on by herself. I wouldn’t be typing this up if I felt she would or if they will allow it....

Answer by Atty Jay K. Nixon, Avvo Rating: 10, real estate attorney in Real Estate Attorney in Kenosha & Janesville, WI

Your real problem appears to be that neither of you can afford to buy out the other.  I doubt that a partition suit will help much, since it will not reduce the amount owed by even a penny and will only add more expenses, perhaps needlessly.  More realistic would be a sale attempt, and the success or lack thereof will also give you the best possible appraisal of its real value.  Whatever amounts are left over after paying the liens, if any, would normally be divided 50/50, so hopefully the two of you can at least agree on that much.  Without a lot more income, neither of your credit ratings will improve much with age, either so you could be stuck with each other for better or worse until the place is finally sold.  Getting lawyers on both sides to advise and mediate might help resolve this, but either way, you should take some comfort in the fact that problems of this type are extremely common between joint owners, and it makes no difference if they are married or not.  Realistically, if you cannot agree on how to proceed, what usually ends up happening is the one or both owners lose interest and allow the property to slip into foreclosure, which also resolves the problem eventually.

Speeding & Shoplifting in WI and other Questions Answered

 

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• If I receive a speeding citation in Wisconsin, will anything be sent to my home if I pay online?

Jay’s Answer

• 24 minutes ago

18 over is normally a four point violation, but for new drivers on probationary status, points are doubled. Alone, this one therefore might not take your license, but auto insurance is so expensive for youthful drivers that your increases in your rates due to speeding conviction(s) might force you to stop driving. I would therefore recomend that you consult a lawyer to get you the best deal possible. it is critical that be done well before your court date. It is possible that various notices could be sent to your home, so you need to tell your parents about this and let them help you with this decision

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• First shoplifting offense do not want on record what should I do?

Jay’s Answer

• yesterday at 8:16am

You are wise to be concerned with your record, even in municipal court, since this would be a public record of an honesty issue that could prevent your employment in any position of trust for many years. In the big picture, the fine should therefore be the least of your worries. Get a lawyer before court since avoiding a theft related record might be, but only if you deal with this ahead of time, since it is almost impossible to do that once the conviction has been entered.

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• How can I get a judge to raise the fine and lower the speed said ticket has written on it so it doesn’t look bad on my record

Jay’s Answer

• Friday at 8:50am

Fines should be the least of your worries right now, since this violation carries mandatory loss of license due to the extreme speed. If you need your license, you therefore need to get a lawyer now. In the long run, problems like increased auto insurance, license loss due to points, and effects on your future employability due to your permanent public driving record will hurt you a lot worse than the fines. Your lawyer can also hopefully arrange for the seriousness of the violation and points to also be changed, assuming that something can be worked out with the prosecutor. Trying to accomplish all of this on your own probably won't get you very far. Once you are convicted, the level of difficulty gets even worse, so be sure to get the lawyer onboard as long as possibly prior to your court date. Lawyers usually need at least a few weeks before court in order to do all the paperwork necessary to postpone the conviction.

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• Can a Wisconsin Circuit Court judge order an immigrants removal?

Jay’s Answer

• Thursday at 8:00am

While state court Judges sometimes request referral of cases to the INS (just like any other citizen can do), they have limited or no budgets to pay for incarcerating folks just for being illegal, much less for their plane tickets or for making of consular arrangements in another country to receive deportees. What you might have heard about would be instances where state or local authorities honor federal INS immigration holds and warrants, which is extremely common. The actual removal proceedings are then conducted by federal prosecutors who actually are employed by the U.S. Justice Department and related agencies. I do not know of any WI State Laws creating any crimes for illegal presence here due to a lack of immigration authorization for non-citizens.

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• Contesting a citation?

Jay’s Answer

• Wednesday at 4:52pm

Your lawyer can always contest any citation, whether or not you have a good defense, so that your lawyer can investigate the best course of action and negotiate with the prosecution about a possible settlement. Whether or not you were in the vehicle when cited is not relevant, however, since the only thing that matters is whether you were operating it earlier, as accused.

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Underage Drinking Ticket After "Not a Drop" law conviction as a Minor in WI

 Underage Drinking Ticket After "Not a Drop" law conviction as a Minor in WI

https://www.avvo.com/legal-answers/authorized/will-i-get-my-license-taken-if-i-had-a-failed-sobr-5081337.html?answered=true

Will I get my license taken if I had a failed sobriety on my record and now an underage after 3 months? I have gotten a failed sobriety and lost my license for 3months and Paid my ticket. I had gotten my license back in November. Now I got an underage in January. Will my license get suspended again?

Since underage drinking is normally not a traffic offense, your previous OWI for violating the "not a drop" law does not have to turn the later drinking into a criminal case, much unlike what would happen if this new one had been while driving.  First offense underage does not carry mandatory loss of license, but that is still an option for the judge, who might look at your record and find the prior, so you might want to discuss it right away with a nearby lawyer.  Either way, it sounds like it might be time to take a look at your drinking habit, which is obviously causing you legal problems, and consider getting some help. AA meetings are free of charge, require no insurance, and possibly the best way to gain some insight as to where you might be headed if things don't change. 

Son's Argument with Mom Leads to Restraining Order

 Son's Argument with Mom Leads to Restraining Order

  https://www.avvo.com/legal-answers/authorized/how-can-i-have-the-court-dismiss-a-temporary-restr-5083706.html

How can I have the court dismiss a temporary restraining order against me? And charge them of slander/perjury/mental damage?

It was around November 30th of 2020, and I wanted to just make something to eat for the day. But when my mom asked me a question, she got angry at me and started screaming at me for not responding. And then said I don't have to respond if she's going to raise her tone with me, then she decided to get close to me and back me into a corner. Then told her not to get in my face and she started spitting at me when she was not even a foot away from me. She threw a fake punch at first to scare me I then turned her away to diffuse the tension. She then decided to turn back and scream and hit me saying don't lay your hands on me. I continue to try to turn her away so I can just make my food for the day. Then she threw a punch square in the chest with a ring on and in my defense I end up pushing her back. Though her statement is not entirely true, because she said she flew across the room when she ended up backstepping way too much and in turn was partially her fault in falling. She then decided to say "something popped in my chest" but waited an entire day or two to go to the hospital, and now I have a temporary restraining order against me

You will be lucky if you are not charged criminally with disorderly conduct, and that could still happen. But, if you have been sued for a restraining order in WI, the good news is that you are entitled to have a trial before the order becomes final, but only if you protect your rights within a very short time window. Retain a lawyer right away if you don't want to be saddled with a multi-year restraining order, because the truth will not matter at all if you don't fight it. Either way, if things are that tense in your mom's house, you would be much better off getting your own house and moving out before you end up in jail; if not this time, then the next time you have an argument with mom.