Self Revocation of Probation, Need for Legal Counsel on Imposed and Stayed Sentence

 

 

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Jay Nixon’s Answers

3,834 total (608) 851-2101 Message Website   Contact info         Do I hire an attorney in the Co I was originally sentenced in? Or the Co my case was transferred to?     My fiancé is revoking himself from probation and we're looking for a lawyer. Would we need to hire an attorney out of the county (Dane Co) he was originally sentenced in? Or the county he is currently serving his time in? His probation was t...Jay’s Answer   While an attorney in Madison might be more knowledgeable of the courts there, most court appearances during these Covid precaution days are by Zoom video, or just by phone, and can therefore be done from anywhere in the world that has stable internet service. Either way, if you prefer an attorney in your home area, he or she would not necessarily need to travel to Madison for court but could instead probably do it from Sauk County. That might make it easier to communicate with your fiancé, although a Dane County judge will sentence him if he has not yet been sentenced, giving a slight edge to a Dane County lawyer. As noted, however, if he has already be sentenced to imposed and stayed time, however, he will not even go in front of the judge again, but instead straight to prison after revocation, if that was his sentence, so there might not be much for the lawyer to do. I would suggest instead a consult with has past case lawyer before he makes any decision to self-revoke his probation, so that he knows what to expect and how to best prepare.

Traffic Stops in your Driveway, Firearms in Texas After Felony, Credit Card Fraud Police Interrogation

 

Nixon LAW Offices

JtSSsuposnsrto nrogoormewdg  · 

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• Can a officer pull me over and issue a citation if I'm in my driveway and already out of the vehicle?

Officer tailed me for a mile and didn't turn his lights on till I exited the vehicle.

Jay’s Answer (Jay K. Nixon, Attorney with over 40 years of experience and offices in Kenosha & Janesville, WI)

Yes; since there is no requirement that you be personally served at all with any traffic ticket, they could even mail it to you, and they have at least two years to accomplish that. If you want to beat this one on a technicality, you'll therefore need to find something better than this. A case review by an experienced traffic lawyer might find such a defense, or at minimum, get you the best possible deal if there is none, all with your not needing to attend court, since lawyers are allowed to appear for clients in minor traffic cases, so long as the right paperwork is filed. Either way, we all wish you the best of luck.

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• Can I legally own a firearm in Wisconsin, and if yes what are the restrictions?

I was convicted of a state jail felony in the state of Texas for evading arrest in a motor vehicle. I was charged in 2005, put on deferred adjudication, and I messed that up, so I was sentenced in 2008 and did 4 years of probation, completing succ...

Jay’s Answer

What I think attorney Zhang is saying is mere expungement won't change the fact that you were once convicted, which is certainly accurate. What would usually work, however, is if you were found "not guilty" by a judge in the old felony conviction case. Whether or not this is still possible is something best asked of Texas lawyers, so you therefore might want to re-post this question on AVVO under Texas law., rather than WI law, even though you might live here currently.

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• I committed credit card fraud and now I am being called in for questioning by the police. What do I do?

It’s been a bad year for me I lost my sister in law unexpectedly and then my husband got really sick and was in the hospital for 5 days. So no income for him or me I lost my job due to COVID 19 things are getting so bad financially I just didn’t k...

Jay’s Answer

We are all sorry to hear about your problems, but either way, you really should get off the internet and into the law office of an experienced criminal Attorney as soon as possible. You are only hurting your case by posting so much detail online, so share all that information in the privacy of the lawyer's office instead. You are probably facing potential prison time, measured in years rather than months, so give that possibility the attention which it deserves, so that you can hopefully avoid it. Time is not on your side as your prosecution roles on; there will be progressively fewer and fewer options available to you at each successive stage of these proceedings, so don't delay any more. Go to your local public defender's office if you can't afford counsel.

To Sue or Not to Sue a Business Vandal

 

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How do I start the process of suing someone?

My business was vandalized, and I want the person to pay for the damages

Jay Nixon’s Answer (Lawyer with 40 years experience and offices both in Kenosha & Janesville, WI

Many folks who vandalize are both unemployed and unemployable. You therefore run the risk of totally wasting money on a civil lawsuit, because getting a judgment is very much different than getting paid on a judgment. If the police investigate for criminal prosecution, the reports are likely to contain a good deal of side information which will better help your lawyer to advise whether to sue civilly or file a criminal complaint (or both). For indigent people, the criminal justice system is usually the only chance you will have of getting paid, since criminal restitution orders are not dischargeable in bankruptcy, and are often very good motivators to get some money, sometimes even before the case gets to court, assuming that his family still cares about him and is therefore willing to lend it to him.

 

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Given these two options, would it better to plead guilty to the forfeiture U failure to obey traffic signal charge

in exchange to get my possession of thc “dismissed but read in” or should I plead guilty to a county ordinance possession of thc and have the forfeiture u failure to obey traffic signal charge get dismissed? Which offer is the better of the two?

Jay’s Answer

• 32 minutes ago

Which of these is better or worse will depend upon your employment and lifestyle. For some work, any drug related conviction would be a disqualifier from employment, while a professional driver with a CDL and point problems might prefer to avoid the moving traffic violation. Either way, you should not make this decision alone, but instead only after consultation with an attorney who is actually representing you, as opposed to one on a free public website who cannot legally represent you. Either way, we all wish you the best of luck.

Arrest Threats by U.S. Husband for Spouse Overseas

 

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Jay K. Nixon  Licensed for 40 years, Avvo Rating: 10   Trial Attorney in Kenosha & Janesville, WI  608-851-2101  Yes, you should retain a US lawyer to investigate this, either if you are truly concerned, or if you want to sue here for fraudulent accusations. Getting US authorities to arrest on one person's "say so" here is extremely difficult, however, unlike as in some other parts of the world. Dishonest collectors worldwide use phony threats of arrest for nonpayment of debts, but that is so difficult to actually accomplish here that most lawyers would laugh at it, almost anywhere in the U.S. , and tell you that it is a scam (which it usually is). That being said, there are other lies that would be likely to get the attention of authorities, so, if you are truly concerned, you also might have your US lawyer touch base with those agencies and offer them the opportunity to voluntarily interview you if they wish, perhaps while you are still outside the US. It might turn out that they are far more interested in your husband than in you. Meanwhile, I would also recommend that you document and preserve evidence of your husband's threats, for possible turnover by your lawyer, to authorities.

Parolee Pulled Over with Armed Friends in Car

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How can I get legal help for my son just got out of prison but just got lock back up cause by being around firearms not suppose

Son just got out in May from doing 4yrs [in jail followed by 3 years supervised release, fka "parole"] . . . driving cousin home from a bonfire . . . got pulled over. . .[didn’t know] his passenger were carrying firearms . . . passenger admitted [were] his firearms . . .

Licensed for 40 years, Avvo Rating: 10, Criminal Defense Attorney with offices in Kenosha & Janesville, WI [608-851-2101]

 

Get him a Public Defender, but your son's long term success depends upon a lot more than the legal system, regardless of how this arrest turns out. If you really want to help him avoid a merry go round of prison and release, followed by more prison and release, you need to put him in a position to find better friends than those who need to bring concealed pistols to a bonfire. Assuming that he'll live with you again after his release, then your living in a different city, far from these "friends,” even if they are relatives, might be a good start. Your son probably knew that these characters went armed and will also be armed the next time, so the last thing that you want is for him to live within easy driving distance of them.

OWI Refusal Ticket Written on Speeding Ticket Form

 

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Citation for refusal for blood test written as speeding ticket, can I get refusal conviction dropped?

2 citations issued, I paid one. (The mislabeled one). Defaulted on the speeding ticket.

 

Jay’s Answer (Attorney with 40 years of experience and offices in Kenosha & Janesville, WI)

Refusal convictions are much worse for your future insurance, driving privileges, and ignition interlock requirements than 1st offense drunk driving tickets, and they expire after only ten days, with draconian consequences for you. You therefore need to gather your papers and bring this confusing situation to a seasoned criminal/traffic lawyer as soon as possible, while he or she can still help you. Writing tickets on the wrong forms can sometimes be used to your advantage if you employ the right legal talent, but all alone, such errors are hardly a "get out of jail free" card. The government is usually allowed to amend its mistakes and move on unabated with your prosecution. You should therefore get off the internet and get a lawyer if you want to protect your future.

HELOC & Second Mortgages After Bankruptcy

 

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Heloc dilemma? Should I try to settle, or will we start a massive problem?    Went through a chapter 7 in 2007 because of a dissolved business. The credit unions assets went to another credit union during the 2008 credit crisis. No contact for 13 years with the new credit union. Now looking at new business ventures and want to work on issues from the past. Have 215k equity in the house now. Afraid of stirring up a hornet’s nest owe 50k on the Heloc from 2006 but don't want to get foreclosed either. Any thoughts on what to do. I'm assuming...

No lawyer could intelligently advise you without first seeing a title report on your property.  My experience is that clients rarely understand or recall what they signed over the years, so their understanding as to junior liens such as HELOC's was wrong as often as not.  Some have ended up with as many as three or four junior mortgage liens, all of which survive bankruptcy. Even though the personal claims of the lender against them were normally discharged in past bankruptcies, the property liens don't go away, until after a foreclosure by a first lien holder, which is the only thing that can clear the title of all past claims. Unfortunately, at present, your "equity" might only exist in your imagination.  Junior lien claims against property are just as strong as first mortgages, so if the first is paid off, the junior one (which might have been the HELOC), moves into first place, and will need to paid in full with interest before you can ever sell or refinance the property, just like a first mortgage—there is absolute no difference between them legally, other than the issue of who recorded with the register of deeds earlier.  Chapter 13's, however, can sometimes strip away junior liens which exceed the property's value, causing more junior one to be declared unsecured, so that is what you should investigate.