Will Protective Orders Cause One's Car to get Pulled Over?

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f I have a no contact order against someone else, will it show up if a police officer scans my license plate?

Jay’s Answer (Jay Nixon, Criminal Defense Attorney with offices in Kenosha & Janesville, WI

Yes, oftentimes, domestic violence protective orders will show up if an officer runs the plates of the protected person. However, I would not recommend that you count on it, and that you instead ask any officer pulling you over if it came up, or write to your local police department head if you believe that you need any special additional protections or have other concerns relating to enforcement of your order. The same would be true any time anyone is using or has taken your car without your permission. Enforcement of such orders tends to be complaint driven, so odds are good that law enforcement will not closely monitor any situation unless you ask them to and furnish them with a copy of the order. If you do lend your car to somebody (which is nearly always a bad idea), you might want to make them aware of the order's existence. If someone other than you is driving or in particular if the person you are protected against is borrowing your car, or anyone matching his description), you should probably make them aware that they may get this extra attention, which may or may not be desired.

Should He let Girlfriend Sell Porn Commercially, Using his Bank Account?

 

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Can I legally open an “Onlyfans” account for my girlfriend?

My girlfriend wants to start an only fans account to make some extra money to help pay off her debt. Thing is she doesn’t have bank account of her own. I would let her use mine and just give her what she earns in cash. The only fan would be open in my name, but she be the one uploading the content. Is this legal.

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

Whether or not letting your girlfriend operate a business using your name and bank account is a good idea, you should also ask yourself how much you trust her. And whether she shouldn't also really be opening up a bank account of her own at some point in her life.  With this idea, your entire credit/financial identity would be vulnerable to theft during this project, by her or by anyone else with access to her computer or phone, to say nothing of whatever money is in your bank account, which could quickly disappear. She also might someday find a new "boyfriend," who is maybe less honest than you. Finally, any income from the commercial website which she wants to set up in your name, would be yours alone for income tax purposes, so how do you feel about paying her income and sales taxes, to say nothing of the expenses of preparing the necessary business tax returns for income and sales taxes? So, even if it's not illegal for two people to use one bank account, (assuming momentarily that you don’t need to lie to your bank for all this, which is illegal), then still; for a commercial account with income, might this not turn out to be a very bad idea someday? If she does anything illegal on her "only fans" site, you might also find yourself becoming a money launderer for a criminal enterprise like child pornography, in addition to a party to the crime itself, either of which can be hazardous to your freedom. In short, I would not do this without some serious, paid legal advice answering each of these questions, rather than relying upon free commentary here, which is most definitely NOT intended as legal advice online.

"Do Not Detain" Order for Party Close to Past Drug Investigations

 

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What does do not detain mean?    Never been in trouble but other people around me have for drugs I was pulled over for missing tail light and the officer said I had a do not detain order

Jay’s Answer (Jay K. Nixon, Criminal Defense Atty. with 42 years of experience in Kenosha & Janesville, WI).

We you possibly ever useful to the police as a source of information in the drug cases? If so, they sometimes return the favor in ways like this. Either way, I would still not push my luck if I were you and would instead get the tail light fixed. An arresting officer getting a teletype such as "do not detain" would likewise not save you from arrest for anything truly serious, although they might take precautions such as segregating you from other inmates, to protect you from possible reprisals while detained.

Property Division after Husband Goes South After Father's Death, Inherited House

Property Division of Inherited Property from Estranged Husband who Moved South

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Jay K. Nixon Avvo Rating: 10 Chapter 13 Criminal Attorney in Kenosha & Janesville, WI

My estranged husband moved to Georgia. We were married in WI. Don't know what is going on with the house his dad gave him before he died. I spent like 10 years there, part caring for his father, what are my rights in Wisconsin?

Your rights are very few for property inherited from your spouse's family, but you should still talk to a family law attorney about the advantages of suing now for property division, either with or without a divorce request, rather than waiting. Of course, if there was some sort of agreement that you would receive compensation for caring for the father, that might improve your situation, since you could sue the estate or its heirs (such as your husband), for breach of contract, regardless of whether you remain married. Either way, your claims are not likely to improve with time but in fact might increasingly "go south," on you, as your husband did, the longer you wait.

Car Accident Minor Trusts at Age 18 in WI

 

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How can I find a trust fund that I supposed to receive when I turn 18 years of age ?    I got in a bad car accident when I was 12 and I got a lawsuit for and the money post of been in a trust fund when I turn 18

 Jay K. Nixon     Avvo Rating: 10 Personal Injury Car Accident Attorney in Kenosha & Janesville, WI        The easiest option is to call your attorney. Court settlements for minors in WI usually go before a judge, which will create a court file that will contain a paper trial to locate the attorney if you are no longer in touch. If this was a straight minor guardianship, you would normally get the check on your 18th birthday, no strings attached. If you are already 18, they might even be trying to locate you as well for that purpose. Again, however, the details may vary, and the quickest source of information would therefore be the attorney, who may know details which are not shown in the court records. Either way, good luck, and don't spend it all in one place! You might also consider looking into an annuity, which would pay it out over time to you plus add some interest income, to say nothing of protecting you from your own temptation to spend extravagantly and end up with nothing after a year or less.

Suspending Child Support While Mother in Jail as OWI Multiple Offender

 

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Can child support payments be temporary suspended?

Jay’s Answer (Criminal Law Attorney with offices in Kenosha & Janesville WI)

I agree with the answers so far, but would add that nothing in family court will change automatically. Therefore, even if she gets a long jail sentencing (anywhere the six-month maximum on the OWI, but potentially more on the other misdemeanors), your child support will continue throughout the entire sentence and go to her. If you do not like that idea, you need to get an experienced family attorney onboard immediately, since it is almost impossible to get credit retroactively, from any time before your formal support modification paperwork is filed.

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.