Four Robbery Warrants in Four Counties

 

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

How long can a jail hold you?

My partner has charges for robbery in 4 counties. And a warrant. He is on hold in Milwaukee county jail. How long can they keep him for? He has to do 7 days in brown deer for the warrant as well. Can they only hold him for a week? Or does he have to go to all the counties?

Jay’s Answer

(Jay K. Nixon, Criminal Defense Lawyer with Offices in Kenosha & Janesville, WI)

Expanding on the answer you have above, the longest he could be held in the worst case scenario for an armed robbery would be the maximum sentence for that crime (assuming that he is convicted) which is at least 20 years. Add to the same amount for the other three robberies and the total could be over 80 years. In a complex scenario like this, he needs experienced felony lawyers in each county, who often can work together for a global resolution. Either way, however, I would not be expecting him home for dinner any time soon. If you really want to help him, quit asking questions on free public websites and help him hire counsel.

 

Conflict Withdrawals by 3 Attorneys in a Row

 

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

So I'm on my 3rd representation in a felony case, now my current attorney tells the judge conflict?This is a case that has been going on for over 3 years now, due to myself getting sick and being incapacitated during the beginning from a illness. I have since recovered and court proceedings picked up where we left off. During the time we were adjourned the lawyer I retained, was eventually granted his withdrawal because I did not have funds. I was then appointed a PD. That took 7 months, for numerous reasons. After 10 months he decided to quit practicing law. So, I was without an attorney again. So, 8 months later a court appointed attorney took my case on. He has been my attorney since March now. We had court the other day and now he states their may be a conflict in the case? What does this mean? We just got a new date that’s it?

 Answer (Jay K. Nixon, Criminal Defense Atty. in Kenosha & Janesville, WI)

Telling the court that there is a conflict normally means an ethical conflict, under the WI Supreme Court's rules of professional responsibilities. This is very different than social ethics, since attorneys must raise it any time that there is a competing interest to which they are also obligated to attend to; for example, finding out that he represents a codefendant, which is always a conflict, since the DA might offer any defendant a better deal to testify against other codefendants. Clients who have threatened an attorney or threatened to file an ethics complaint against him are probably the second most common type of “conflict” withdrawal, but the list of things is almost endless. For the protection of the client, lawyers are not obligated to state specific reasons, since they might incriminate the client. Talk to the public defender's office about a replacement ASAP.

Chlamydia or other VD's as Exculpatory Evidence?

 

https://www.avvo.com/legal-answers/authorized/if-2-warrants-were-issued-1--dna-testing--2--testi-4950278.html?answered=true

If 2 warrants were issued 1) DNA Testing 2) Testing for STD and Certain Diseases, DNA was submitted, not STD is it exculpatory?

A person was charged with Sexual Assault of a Child (age 14). The accuser/mother of the accuser said that he gave her Chlamydia. Tests were done. He was the father and was sentenced to 30 yrs. 20 in 10 out. During sentencing the Court indicated this child has Chlamydia and could be sterile, several times it was referenced. 16 years later, the victim in the case came forward with an affidavit stating she never had an STD as she has five children and the incident was not violent, no drugs or alcohol involved, and that is was consensual. One year after the incident two warrants were issued for 1) DNA Testing and 2) Testing for STD and Certain Diseases. Only the DNA Testing was submitted by the State. No one questioned the STD accusation, was never proven, The inmate is seeking re sentencing. Is the absence of the STD testing considered exculpatory evidence? He believes the Court increased his sentence because of the severity as stated in the PSI and Sentencing. He has never denied the incident, however always denied how it happened and has never had an STD in his life. An affidavit was submitted to the court his partner he has three children with ever contracted any STD.

 

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

Yes, the absence of the disease if the victim claimed that she had it could be exculpatory.  Although the state has a duty to produce exculpatory evidence which comes into its possession during an investigation, whether or the government has a duty to first look for it is a bit more vague since that would normally be the job of the defense private investigator.  Either way, this question is too detailed for a forum like this, where we are only seeing the "tip of the iceberg." You should instead retain a lawyer to go over the case-file and provide a more educated guess, and a written legal opinion. Generally speaking, Prosecutors' decisions on the issuance of legal process like search warrants is not evidence, since it involves the behavior of lawyers rather than that of the subjects of the investigation. But it is possible to set up the testing through private investigation, rather than depending upon the government to do it. Action or inaction by public officials, however, can have many explanations, none of which relate to what actually once happened between the victims and the suspects.

Possession Charge for .001 Grams

https://www.avvo.com/legal-answers/can-i-be-charged-with-drug-possession-for--001-gra-4939727.html#answer_10066523

https://www.avvo.com/legal-answers/can-i-be-charged-with-drug-possession-for--001-gra-4939727.html#answer_10066523Can I be charged with drug possession for .001 grams?

was arrested for .001 grams and charged with possession. The warrant to get into our home was based on info from an informant that is listed as a number. All info from informant was false except for stating I lived on same street as someone else.

Jay’s Answer (Atty. Jay K. Nixon, criminal lawyer, with offices in Kenosha & Janesville, WI)

While this might not seem like much, there are powerful drugs like Fentanyl where this amount might be significant. Your attorney might be able to make some headway with with such a small amount if it does not permit independent retesting, if timely requested by your lawyer, soon after you are charged.

Motion to Dismiss Ignored by Municipal Court

https://www.avvo.com/legal-answers/authorized/does-sec--802-06-4--wis-stats-apply-to-pre-trial-m-4942019.html?answered=true

 Does sec. 802.06(4) Wis Stats apply to pre-trial motion challenging personal jurisdiction in Wisconsin municipal courts?    Some 100+ days prior to scheduled trial in a Wisconsin municipal court, I filed pretrial motion challenging personal jurisdiction. The court ignored my motion - never called for hearing, never issued any finding - but instead proceeded through trial and to guilty verdict.  It seems to me the judgment at trial is void, ab initio, for the court's failure to ever hear and/or decide my jurisdictional challenge. Further, failing to enter a decision on my challenge, I have been denied my due process right of review/appeal of said finding. Does 802.06(4) control the municipal court in such challenges? It is not clear to me that chapter 801 onward apply to chapter 800 governing municipal court. Any advice/insights?

Answer by Atty. Jay K. Nixon, criminal lawyer with offices in Kenosha & Janesville, WI

In WI, municipal courts on not considered courts "of record."  Although they are permitted by law and often have excellent judges, because of the fact that they are not considered courts of record, everyone has a right to a de novo appeal of their rulings in the circuit court system, since those are courts "of record."  If you are unhappy with your municipal court ruling(s) you should therefore retain a lawyer to start over for you to see if you can get it right on the 2^nd try.   In either court, however, pro se "motions" not properly prepared, filed or served may legally be ignored by the court.  You should therefore not be surprised by your outcome if you were trying to do this pro se.  Either way, however, you should think long and hard about whether or not you want to switch to a court of record if you are not already in one, since "of record," includes a public record on CCAP which is available to anyone in the world with web access with only a few clicks of a mouse.  While certain larger city municipal courts have their own public websites, many in the eastern part of WI tend not to post all their court data online.  Milwaukee is an exception, but its public website is not nearly as "wide open," as CCAP.  In Western WI, however, many municipalities use the circuit court system, which puts their records on CCAP, just like WI circuit courts' records. Either way, we all wish you better luck the next time, but since “wishing” is not a strategy, you should really consider retaining counsel next time if you want a better outcome.

Parole Revocation Waivers, Hearing Date Time Extensions

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

What happens if someone is on a parole hold in jail and the 21 investigation days are done and they still haven't heard anything?  My friend has been in jail on a hold for 21 days and still hasn't heard any information from their parole officer.

Jay’s Answer (Atty. Jay K. Nixon, with offices in Kenosha & Janesville, WI)

The statute is vague about exactly when time extensions are allowed, but they are possible when "necessary." Of course, what happens in many of these cases is that the person has already waived their revocation hearing, and didn't quite realize that when they OK's the waiver paperwork (or forgot to tell their friends and family, who end up asking this question online). Waiving, however, is often the quickest way to get to the more comfortable lodgings of the state prison system, as opposed to the county jail where they are sometimes held pending revocation.  County jails are loud, crowded and claustrophobic places, compared to the State prison system institutions, where the atmosphere can be much more relaxed, with lots of opportunities to get outdoors for exercise, etc., much unlike county jails, which are not designed for long-term residency.

Voided THC Citation on Your Record?

www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html?sort=recency%2520http%3A

Will a misdemeanor citation that was voided by the officer show up on my record? Was caught for marijuana possession and received a ticket but the cop that gave me it decided to void it later. The two officers also never took me into the station to be booked for the incident either.

Jay’s Answer (Jay K. Nixon, criminal lawyer in Kenosha & Janesville, WI): Sounds like you are in the clear, but what these officers did may not be the end of the story. You could always be mailed a new citation, and they have years to make up their minds. Thankfully, however many officers finally agree that charging folks for personal use of small amounts is a waste of law enforcement resources. Since you were not booked, my guess is that if you were charged, it would be a noncriminal ordinance. Either way, if that happens get a lawyer if you care about your future record.  In WI, police records for closed investigation are freely available to the public, including records of uncharged matters, so anyone who wanted to go to all the trouble of making (and paying for) an open records request can still get them, but this requires more effort than most routine employment background investigations would deserve. Jobs requiring high level federal security clearances might be an exception, however.