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.

Can Probation Officers Force Clients to Release Medical Records?

 

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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.

 Does a case get dismissed when the detective gets caught bold faced lying in the discovery? Caught red handed!!! - Q&A - Avvo

Does a case get dismissed when the detective gets caught bold faced lying in the discovery? Caught red handed!!!

I originally filed a complaint about my computers involving my ex’s adult kids and another gentleman. This took place from Wisconsin to Nevada where somewhere the Detective turn around by the charges on me which are not true. To Advance His abuse of power He stated in the discovery that Someone in my complaint doesn’t even exist. Well now I have 100% evidence that the detective lied got caught bold faced lying and I would like the case dismissed.

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

An officer caught lying should and will face consequences, that doesn't necessarily translate into the rest of the public, whom he represents, receiving the collective punishment of dismissal, particularly of a major case such as a homicide. In minor matters, however, many judges still might see dismissal as a proper resolution. Talk to your lawyer since your outcome could be anywhere in between. Certainly, a lie should and usually will get you a better offer, if handled correctly by your lawyer.

Arresting Officer is an Old Friend--Conflict of Interest?

 The detective in my case is my old liaison officer and has been a best friend of my family for years can she be a conflict - Q&A - Avvo

 

The detective in my case is my old liaison officer and has been a best friend of my family for years can she be a conflict

Can the detective in my case be on it and isn’t that a conflict of interest and they also failed at a simple search warrant I set everything out for them I feel she played favoritism on my part cause I told her she forgot stuff and she said idc basically 

Criminal defense,     1 attorney answer:  Jay K. Nixon  11 reviews Avvo Rating: 10  Criminal Defense Attorney in Janesville & Kenosha, WI

So you believe that the officer is being too lenient on you, and you would instead prefer someone who would be harsher with you? Either way, I guess that past personal relationship with the officer could be a potential conflict, but you might consider your goals here before you raise it. You should therefore talk this over with your lawyer in depth before you make another move. Smaller towns sometimes make conflicts so frequent that it becomes impossible to get anything done without ignoring some of them.

 

Drove and hit a curb on the way home. A person driving saw the incident and called the police. - Q&A - Avvo

Answer by:  Jay K. Nixon 3.5 stars 11 reviews, Avvo Rating: 10 

Criminal Defense Attorney in Kenosha & Janesville, WI

Drove and hit a curb on the way home. A person driving saw the incident and called the police.  I had some alcohol and was driving home and hit a curb on the way. There was a person driving that saw what happened, so he followed me home and called the police. I got home safe and sound. 15 minutes later the cops showed up in my house and arrested me.

Did you have anything more to drink after you arrived home?  If so, that could complicate a drunken driving prosecution against you and give you an advantage.   Either way, be sure to have your lawyer look into that defense as well as any others that come to mind.   You don't say what your BAC was, but with the accident and citizen self-appointed cop who followed you home afterwards, it looks like there might otherwise be facing a strong prosecution case, with plenty of probable cause for the arrest.  

 

Could I lose my security job if I was arrested for disorderly conduct (use of dangerous weapon ) ? - Q&A - Avvo

Could I lose my security job if I was arrested for disorderly conduct (use of dangerous weapon ) ?

Jay K. Nixon 11 reviews Avvo Rating: 10

Criminal Attorney in Kenosha & Janesville, WI

You have some good advice already from Attorney Pont; if you are an employee at will without an employment contract or collective bargaining agreement, you are always at your employer's mercy, and can be fired for any reason or no reason, so everyone charged with crime in WI should always hire seasoned criminal defense counsel to assure a minimum amount of damage to one’s public record. In WI, however, there are also limited exceptions protecting from discrimination due to a criminal record, however, i.e.., employers cannot discriminate unless the conviction is somehow germane to the job. A classic example would be a bank teller convicted of shoplifting or theft, who would indeed be lawfully fired since that job puts them in a perfect situation for more stealing. The opposite might be a field hand, who does not handle money, nor any other thing of value, however. A crop field workplace probably does not put the employer at risk of theft by such a person since there is nothing there worth stealing, so dismissing him might be found illegal by a court or government agency. Either way, we all wish you the best of luck; talk to your lawyer about seeking some sort of first offender treatment, if you have no priors.

Questions answered by Jay K. Nixon - Avvo

As a felon, can you protect your home from intruder castle law?  Jay’s Answer

Yes, even as a felon, you can protect yourself, regardless of whether it is legal. If your life is truly in danger, then exposure to a criminal charge is a small price to pay in order to save it, and DA's have total discretion as to whether or not to charge you, so if you and your lawyer can convince the authorities that the need was real, you could avoid prosecution. That being said, you should never possess a firearm, since you can and will be prosecuted if caught with it, even at home, so you will need to find another way to protect yourself, such as a guard dog, crossbow, air gun, or baseball bat.  Laws against possession of a firearm by a felon have no exceptions for the Castle Doctrine/ home defense, but any experienced criminal lawyer would still argue for one in the right situation.  Either way self-defense in any situation is complex and hard to win, but again, these are small concerns compared to not living another day in order to litigate it. Either way, if you can avoid illegal associations and move to a better neighborhood in order to avoid this attack, you would be far better off.