https://www.avvo.com/attorneys/53548-wi-jay-nixon-1529181/answers.html
Jay K. NixonAvvo Rating: 10
https://www.avvo.com/attorneys/53548-wi-jay-nixon-1529181/answers.html
Jay K. NixonAvvo Rating: 10
https://www.avvo.com/legal-answers/authorized/what-can-i-do-if-i-hit-someone-on-a-jet-ski-and-hu-5344686.html?answered=true
What can I do if I hit someone on a jet ski and hurt
them and my insurance company only covers so much can I file bankruptcy?
Can I file bankruptcy if I was at fault in an accident and my
insurance company only pays so much a guy stopped real fast on a jet ski and I
couldn’t stop fast enough and hit them causing damage to their jet ski and one person’s
leg really bad my insurance company will cover 300,000 but that’s not enough IF
they sue to get more can I file bankruptcy and have it cleared
Jay K. Nixon Avvo Rating: 10
Chapter 13 Bankruptcy & Criminal Attorney
in Janesville & Kenosha, WI
Accidental injuries are generally dischargeable in
bankruptcy, but not so much if you were either intoxicated or unusually
reckless in causing them. Following too
close, "rear-ender" type collisions, whether in a boat or in a car, informally
100% the fault of the rear vehicle, since you have full responsibility to leave
enough of a gap between vehicles to permit a safe stop. For boats, which lack brakes, this needs to
be a lot further than following in a car, with brakes. Since you hit another vehicle which did not
have breaks either, you were probably responsible. Therefore, your liability sounds very
difficult to contest. Either way,
however, if your insurance is looking insufficient in any respect, you are in
dire need if independent legal advice on your option, which might include addition
other insurance companies to the lawsuit, or other parties who were potentially
at fault. In addition to that,
however, you need to consult with a bankruptcy attorney as well, and we all
wish you the very best of luck!
How can I clear a bench warrant in Wisconsin? I lived in Wisconsin for a year, and while I was there I got a traffic infraction that resulted in a court date. By the time the court date came I was already back in Florida. I just realized I still have a bench warrant there and I need to get it cleared for professional reasons. I was told that I have to show up in person. That would mean flying up there, which is not feasible as I have small children. Is there another way to take care of this?
Jay K. Nixon
You need to retain a WI Attorney to schedule a court date or
resolve the matter in some other way. That attorney will likely have far better
luck than you with this, and potentially avoid the need for you to return from
Florida to WI. Bench warrants are general forever, otherwise, and the passage
of more time is hardly likely to improve the situation. You also face a new
charge of bail jumping for not going back to court, which needs to be resolved,
but which resolution is highly "doable" with the right expertise at
work for you.
https://www.avvo.com/legal-answers/authorized/do-i-have-a-valid-lawsuit-against-probation-office-5310595.html?answered=true
Resolve Active Arrest Warrant Cases Before Addressing Official Misconduct Concerns
Do
I have a valid lawsuit against probation officer violating disclosure?
I
am/was on probation from 2019 till currently. At some point my mother had
contacted the probation office to speak to my probation officer about me coming
to visit her in Michigan (my probation is in Wisconsin) My probation officer
told me that she was communicating with my mother and even made some sort of
arrangement for me to visit her. Written or oral consent was never given to the
agent to disclose this information. Anyway a few weeks later my probation
officer incorrectly assumed I missed a probation meeting, so she ended up
informing my mom, incorrectly, that I had missed a report date. My mother was
sent into an anxiety attack and contacted my siblings voicing her undue
concern. After this I stopped going and communicating with my probation
officer. My privacy, as well as my family's peace were disturbed by this. I was
later arrested on a probation violation and when I reported to the agent the
reason I was not in communication with my officer was because of the mistrust
of my PO, the next day I was released with no instructions to report and since
have not been contacted by the DOJ. Do I have case?
Answer
by:
Avvo
Rating: 10, Criminal Defense Attorney in Kenosha
& Janesville, WI
You
have one good answer already from Atty. Fenton, but I would just add that your
PO is not the same as your doctor or lawyer, in terms of confidentiality rules.
Instead, a PO is more like a policeman, who is obligated to have you arrested
and prosecuted if you violation the rules, and in the process, "tell
all" in terms of your behavior, as well as that of the folks with whom you
associate. More importantly, however, is there now an active absconder warrant
out for you? I would check, and then deal with that before worrying about PO
misconduct claims. Although you can pursue those as well, you will need to do
so from jail or prison if you don't keep your PO happy. It is extremely hard to
win revocation cases based upon "absconding," which these days can be
nothing more than a missed zoom meeting or phone call with your PO. The sooner
you resolve it, however, the more likely it is to be more or less forgiven.
Quite the opposite is true if you just ignore it until you randomly get picked
up--you, after which you could end up sitting in jail for months before the PO
even takes any action.
https://www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html
Jay K. Nixon, Avvo
Rating: 10 Criminal Defense Attorney in Kenosha, WI
I would be surprised if a suppression motion would get far in
this scenario, depending upon the details of the testimony, which we can only
guess at. The problem is that police are allowed to ask a lot of preliminary
investigative questions in order to identify and select their primary target
for prosecution. An initial question open ended question at a doorstep, such as
"Do you know anything about missing packages, , , , " would therefore
be fair game. But, an incriminating answer might change the picture,
and require the warnings. Either way, the Miranda rules "ain't what they
used to be," due to numerous Supreme Court decisions watering them down.
The videos, however, offer an argument that she already was the target, which
might change the outcome, it this made the judge conclude that this was one of those
rarer creatures known as a “custodial interrogation.” You need to get her a
lawyer, to thoroughly investigation all the options, if you really want to make
an informed decision.
https://www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html
Can the
police get a warrant or have just cause to search my house after arresting my
husband when we were in a traffic stop?
My husband fled a traffic stop
when I was in the car with him. The police claimed because he was on felony
probation they could search my house and we found out it was for probation
violation that he had a body attachment but once he was in custody why did my
home need to be searched and why did i have to be in the back of the cop car in
a different location as they searched my house while using my key from in my
purse without permission
Authorities could probably lawfully search a probationer's
residence (on behalf of the PO) without a warrant, but the same may not be true
for your residence. Therefore, if you get charged with something as a result of
a warrantless search, an experienced criminal lawyer might be able to get the
evidence suppressed, which might also mean that the DA abandon's the underlying
prosecution against you. I am guessing however, that they may have later gotten
a warrant to come back later and search your house, however, so this issue may
not come up. You also don't say whether or not you were charged, but either
way, if you want real legal advice in a complex situation like this, you should
retain a lawyer, who could also investigate whether or not your civil rights
were violated in any fashion that might make a civil claim worthwhile.
https://www.avvo.com/attorneys/53548-wi-jay-nixon-1529181/answers.html
Do I have to give release of my medical procedure to my
probation office if they requested me to sign
I don't feel comfortable signing release of medical to my PO.
Medical records access could be important for
monitoring treatment compliance, often ordered when there is a mental health or
addiction issues arise. Although your lawyer could possibly set up a review
before your sentencing judge for a clarification, read over your rules of
probation carefully.
You should also pick your battles carefully
with your PO, since he or she will be deciding your future, which could either
be as a free person as an inmate if you are revoked. Of course, yet another option is the reject
probation and face the consequences revocation.
If those were already determined in an “imposed but stayed” sentence,
you will know precisely where you are headed, but if no specific sentence is
mentioned, you would go back in front of your judge, who might assume the worst
as to your reasons for refusing to release your records, i.e., that you may
have gone back to using drugs or alcohol.
Although you would probably lose, a sentencing after revocation would
present you with the option to get back in front of the judge to argue whether
or not you have a right to refuse to sign the medical records release.