Wednesday, September 15, 2021

Underage Sexting Blackmail Scam

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

Jay K. NixonAvvo Rating: 10

Criminal Attorney in Kenosha & Janesville, WI

You are "liable" to these blackmailers only in your own mind, if you are dumb enough to believe them. Odds are, the person on the keyboard who is communicating with you is actually not even a minor but instead an adult, in Nigeria, Eastern Europe, or many other scammer hotspots, some of which do not have extradition treaties with the U.S., and using photos obtained from others Adding to Atty. Ilmanen's great answer, you should do a favor to both yourself and to the rest of society by reporting this. Spare the details unless someone gets back to you but do tell that you are being blackmailed and that it is still ongoing, since the police may want to arrange a sting operation. My guess, however, is that this is probably originating outside the U.S., so that might be complex, but at least reporting will add this one to their database so that they can monitor the gang doing this and warn others, or take further action if warranted. If you are uncomfortable going to your local police, you can report them online at the FBI's scam report website, which is at https://www.ic3.gov/. Due to high volumes of these, don't expect much in the way of response, but do follow up if they get back to you. Odds are, the person on the keyboard who is actually not even a minor but instead an adult in Nigeria, Eastern Europe, or many other scammer hotspots, some of which do not have extradition treaties with the U.S. Another benefit of reporting is that if this gang or the pictures are ever investigated further and your phone number located, the report will prove that you are victim rather than a pedophile.

Thursday, September 9, 2021

Following too Close on a Jet Ski or Boat

 

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

   1 attorney answer

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!

 

Wednesday, September 1, 2021

Clearing up a WI Bench Warrant from out of State

 https://www.avvo.com/legal-answers/authorized/how-can-i-clear-a-bench-warrant-in-wisconsin--5337460.html?answered=true 

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; , Avvo Rating: 10 , Criminal Defense Attorney in Kenosha, WI  

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.

Friday, August 6, 2021

Resolve Active Arrest Warrant Cases Before Addressing Official Misconduct Concerns

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:

 Jay K. Nixon

 

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.

Thursday, August 5, 2021

Suppression of Confession Under Miranda Rule, Theft of Packages from Doorstep

 

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.

Saturday, July 31, 2021

Probationer's Wife's Home Searched without consent after Husband flead from a Traffic Arrest arrest

 

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.

Friday, July 2, 2021

Can Probation Officers Force Clients to Release Medical Records?

 

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.