Sunday, January 31, 2021

Absconding from Mental Treatment Grouphome in Kenosha

 

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

Jay K. Nixon

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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