Trustee in Bankruptcy Requests for Bank Deposit Detail, No Visible Means of Support

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I had a few deposits over the last 90 days from eBay / PayPal into my account. 700-1500 maybe totaling 8k in 90 days. I attached my PayPal statement that shows 0 balance at time of filing. It was random stuff I sold to help pay for Xmas instead of using credit cards.

What’s considered a “large” deposit when a trustee looks at your previous bank statements?

Jay’s Answer (Jay Nixon, Bankruptcy Attorney in Janesville, & Kenosha WI)

If the total of all these small transactions was $8K, they definitely become a "large deposit" collectively and each "small" one, regardless of size, will be of interest to the trustee, who will probably want to see all the eBay details on each transaction, including the online identities of the buyers and the source of the merchandise sold. Sales or transferred where you were paid fair value to the items sold, by outside 3rd parties, will end up being of little or no interest to the trustee, although the opposite will be true for "sweetheart" deals, especially to close friends or family. Those can be undone, and the value recovered from those who received it. If you run an E-Bay or other online business, you will therefore need to declare and claim it as exempt, or risk losing it, together with any of its assets. In bankruptcy, honesty is rewarded above anything else, where the prize of a "discharge" or forgiveness of most debt, is easily obtained by remembering that rule. And, the opposite, that lying (known as the federal crime of bankruptcy fraud) is punished more severely than any other sin, by denial of the discharge. Bankruptcy rules are also cruelly enforced and investigated by the FBI, with referrals to the IRS US Attorney, or other agencies when things like tax fraud are uncovered. If you claim the business on paper, and net out all its expenses (including all IT expenses for an online business), however, it probably will have little or no net value and is therefore easily protected from the trustee, as well as from your creditors, during a bankruptcy case. You therefore need to take this seriously and make sure that you are telling your experienced bankruptcy lawyer the whole story. Attempting to navigate these dangerous waters on your own, however, often leads to disaster.

Stealing People's Online Identities for Posting on Porn Sites

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How can I sue someone that is stealing my identity and promoting it on inappropriate websites ?

Jay’s Answer (Jay Nixon, Criminal Defense Lawyer in Janesville & Kenosha, WI)

You have some good answers already, but you might also consider contacting law enforcement. Of course, might trigger some investigating of you, and therefore might not be a good idea if you have reason to fear a background investigation. In order to assure that they are getting reliable information, police have a duty to investigate all parties involved, including crime victims, at least to a limited degree, since they are professionally trained to start from the presumption that everyone whom they encounter might be lying to them, until proven otherwise. That being said, however, what these identity thieves are doing to violates dozens of state and federal laws and could subject these folks to major prison time, if they could ever be located in any country which would extradite them to the United States. Regrettably, however, Russia, China, North Korea, Iran, and many other favorite haunts of professional hackers (who might also moonlight for the "intelligence" services of those governments), do not do that (and good luck holding them accountable if they are in Nigeria).

OVAR Ticket OWI Related with IID Violation & Occupational Permit Time only 5 Minutes Off

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I received an interlock fail to install ticket and a revocation driving my vehicle prior to hours on my probationary license.?

I scheduled to have the iid installed which is on the 24th and I got pulled over yesterday leaving work going to get something to eat. i just bought car it is 2weeks old and have a temp tag in window. the officer said he did not know if i had plates is the reason he pulled me over. my hours were from noon to 5pm on Thursdays and i got off work an half hour early at 1130am. I was pulled over at 1152am just prior to noon. i tried to explain i have a appointment and the DMV should have that info I think but my court date is the 31st of march and i am looking to have these cases dropped if not reduced because I will have proof of iid and i was 5 minutes prior to my hours on my license. any suggestions this happen on highway in kenosha WI one is 250 fine and 150 fine and 3 points on one and zero on the other.

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

In most Southeastern WI Courts, violations of the court's license revocation order (if it was a part of a drunk driving sentence) often lead to substantial jail, since the judges tend to view them as little different and equally disrespectful as escaping of jail. Since you seem to have some good arguments in mitigation, however, you urgently need an experienced local criminal lawyer to present them properly and limit your jail time, so do not delay. Lawyers can usually do the most for you early on before you even appear in court.

New Driver Speeding 26 over in WI Mandatory Loss of License

 Dhttps://www.avvo.com/legal-answers/authorized/do-i-have-to-appear-to-court-hearing-for-speeding--5120161.htmlo I have to appear to court hearing for speeding ticket?

I got pulled over on the highway going 26 over the speed limit in a 55 mph, the officer wrote me a citation for speeding and said I can either pay it or go to the date that was put on the citation if I wanted to go against it for any beliefs. So I paid off the ticket off a couple days later online to get it over with. On the ticket is states Appearance Required ( NO ), a couple months later I receive in the mail a court date for it. I looked up my case by the case number to see if the system has me as Mandatory to show up and it doesn’t. Under severity it’s says Forf.U, this is my first ticket I ever received.

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

No, you don't have to appear, but whether you appear or not, you will lose your license with this rate of speed if you are convicted of this ticket as is. If you value your license now or in the future, you therefore really, really need a lawyer for this one. The right lawyer would have very good odds of saving your license. If you are on a probationary license, your points also double, and this one would be a six pointer , even for someone on a regular license rather than probationary, which would be the halfway point to losing anyone's license, (assuming that they did not already have points against them for some older ticket, which would make it even worse). The other thing you need to do is SLOW DOWN! How soon you arrive at your destination is condoled far more by timing of the traffic lights, frequency of other stops, and traffic speed; your vehicle speed therefore hardly matters either way, so there's simply no good reason to do it.

Burned Out License Plate Bulb Leading to Serious Criminal Charges

 

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Police pull you over for no license plate light but give you no ticket but give you a driving without license ticket can they do

I got pulled over for no license plate light but did not receive a ticket for the no light so since police seen I had no license they only gave me a no driver license ticket instead for no light ticket. Can the police do that? Then police let me drive off as well

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

Yes, officers can charge you with things other than what first caught their attention, such as the minor equipment violation you describe.  License plate bulbs are, generally speaking, a bit of a "reach," since they are so often ignored as so minor as to not be worth the trouble.  I suppose if you complained enough about not being charged with that, they would be happy to accommodate and charge you, but I'm not sure why you'd want to do that, since the added throwaway charge would have no impact on your more serious charge.   Either way, the law is pretty clear that when you are driving on a public roadway, they can stop you with reasonable suspicion of anything, and let the investigation go in any other direction where it takes them, so the key to avoiding this is not to drive on public roadways.  All that being said, however, a motion to dismiss due to lack of a truly "reasonable" suspicion might still be in order, so let your lawyer read all the reports and take a look at that option for you.  

False No Seatbelt Stop Leads to Felony Charges

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Can you be charged With Charges that results in an unlawful traffic stop In Wisconsin?

A police officer In Wisconsin Pulled me over for failure to wear seatbelt. Once he approached my vehicle, I asked why I was stopped And he acknowledged that I did indeed have my seat belt on And said oh my bad But then proceeded to search me and my vehicle which resulted in felony charges My question is will this hold up in court

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Traffic ticket 1 attorney answer Jay K. Nixon Avvo Rating: 10 Criminal Defense Attorney in Janesville & Kenosha, WIYes; unless your lawyer files a timely challenge and wins an argument in court, all evidence offered by the government will be used against you and lead to your likely conviction, including in felony cases. Nobody other than your lawyer are you is protecting your constitutional rights, and nothing gets excluded automatically without great effort by your legal team, which efforts need to be started early in the case or forever lost. Theoretically, evidence produced by a stop without reasonable suspicion should be excluded, but the U.S. and WIl Supreme Courts have recently ruled that even unconstitutionally produced evidence can still be used unless the officers were deliberately violating your rights. In other words, reasonable "mistakes" are in excuse, which has lead to a huge increase in such mistakes, since they greatly benefit the government. That is fast causing this "exception," to swallow the rule, and essentially repealing that part of the constitution, regrettably. You therefore need to discuss with with your lawyer immediately and contact the Public Defender if you do not have one yet and can't afford one. We all wish you the best of luck--you'll need it.