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

 

https://www.avvo.com/legal-answers/authorized/can-i-legally-open-an-onlyfans-account-for-my-girl-5171599.html?answered=true

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

 

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

 

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

https://www.avvo.com/legal-answers/authorized/my-estranged-husband-moved-to-ga-we-where-married--5168230.html?answered=true

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

 

https://www.avvo.com/legal-answers/authorized/how-can-i-find-an-trust-fund-that-i-post-to-receiv-5168500.html?answered=true

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

 

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

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  · 

https://www.avvo.com/.../nailed-for-my-4th-dui--received...

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?

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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.