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

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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.