John Scott Swimmer’s Answers

John Scott Swimmer

Shorewood Native American Law Attorney.

Contributor Level 14
  1. I was a passenger in a car accident in April 2013 and I am still in great pain. I only have $2000. left on my medical.

    Answered 8 months ago.

    1. John Scott Swimmer
    2. Joseph Albin Larson
    3. David Ian Schoen
    4. John L. Schroeder
    5. Christian K. Lassen II
    6. ···
    9 lawyer answers

    Call an attorney fast. There are excellent doctors that will work with you on you medical bills. You may have claims against the driver and have underinsured coverage through your own insurance company. The insurance company is not your friend. Good luck.

    16 lawyers agreed with this answer

  2. What are some red flags that a lawyer isn't comfortable going to bat for us with such a serious criminal case?

    Answered over 1 year ago.

    1. John Scott Swimmer
    2. Andrew Joel Golden
    3. Nicholas C. Zales
    4. Chadwick J. Kaehne
    5. Michael Evan Greenspan
    6. ···
    9 lawyer answers

    Often legal work seems invisible. You should contact your attorney and ask for copies of motions or documents that he or she has or will file on your behalf. State your expectations and concerns. Give your attorney a chance to explain and provide answers. Most attorney will call you within 24 hours unless they are on vacation or otherwise unavailable. Since the holidays are over start by calling your attorney.

    14 lawyers agreed with this answer

  3. If an insurance company is requesting that I sign a release, does that mean some liability exists?

    Answered over 1 year ago.

    1. Thomas Andrew Miller
    2. John Scott Swimmer
    3. Jonathan S. Safran
    4. Christian K. Lassen II
    5. Joyce J. Sweinberg
    6. ···
    8 lawyer answers

    You have three options: (1) take the money, (2) make a counteroffer, or (3) retain an attorney file suit. Slip and fall cases are difficult to win. You will almost certainly get more money with an attorney. You may have to search awhile to find an attorney because it is difficult to prove liability in this type of case. Good luck.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Do I need a lawyer for a first offense OWI?

    Answered 11 months ago.

    1. Michael C. Witt
    2. John Scott Swimmer
    3. Rodney Thomas Gould
    4. James C Forslund
    5. Daniel J. Evans
    6. ···
    6 lawyer answers

    You will get your best result with an attorney. You may be able to challenge the stop, the results of the breathalyzer, and the Field Sobriety tests.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. How long can a DUI case go with no court activity in WI? Does the lack of activity help the defendant get this case?

    Answered over 1 year ago.

    1. John Scott Swimmer
    2. Macy Michelle Jaggers
    3. J Steven House
    3 lawyer answers

    OWI cases in Wisconsin may drag on for several months without activity depending on an infinite number of circumstances. The longer the case is pending does not mean that the defendant will get a lesser sentence or that the case will get dismissed. Cases are often delayed to allow offenders to get treatment, judicial reassignment, and for backlogged court calendars.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. If i was charged with a OWI inn WI, 6 years after the first offense. Will my charge be a 1st or 2nd offense?

    Answered 9 months ago.

    1. John Scott Swimmer
    2. Jessie G. Weber
    3. Michael C. Witt
    4. Karyn T. Missimer
    5. Jay K. Nixon
    6. ···
    8 lawyer answers

    You will be charged with an OWI second.

    10 lawyers agreed with this answer

  7. Do i need a oui attorney ?

    Answered about 1 year ago.

    1. John Scott Swimmer
    2. Rixon Charles Rafter III
    3. Ted Harvatin
    4. Jeffrey W. Jensen
    5. Christopher Irvin Simser
    5 lawyer answers

    You cannot plead guilty with an explanation any plea must be voluntary. If you start providing an explanation or disagreeing with facts stated in the complaint, then the judge may refuse to take your plea. OWI cases are complicated and difficult for attorneys so you should not try to resolve this case yourself. If you cannot afford an attorney you should ask for a public defender. But a public defender will not represent you on a first offense because it is a civil regulatory offense not a...

    10 lawyers agreed with this answer

  8. During a traffic stop or any discussion with a police officer, if I request, must they take off their sunglasses?

    Answered 12 months ago.

    1. John Scott Swimmer
    2. Jeffrey J. Szczewski
    3. Jeffrey W. Jensen
    4. Thomas G. Briody
    5. John M. Kaman
    6. ···
    6 lawyer answers

    No. The glasses are actually safety equipment. It is best to be polite you do not have to answer question and may invoke your right to remain silent. But you do have to provide your drivers license if driving, and are required to comply with lawful commands of a police officer. You have a right to ask if you are under arrest and if you can leave.

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  9. Plead guilty or not ? for OUI .015

    Answered about 1 year ago.

    1. John Scott Swimmer
    2. Ethan Patrick Meaney
    3. Anthony Michael Solis
    4. Jasen Bodie Nielsen
    5. Christopher Irvin Simser
    5 lawyer answers

    You need to plead not guilty and try to retain a public defender to help you. If this is a first offense you cannot get a public defender because it is considered a civil regulatory offense. This simply means you cannot go to jail. You should also challenge your drivers license suspension. This must be done within 10 days. If you are persistent you can find an attorney who allow payments. But I advise you that handling an OWI without an attorney is a poor choice. Good luck.

    9 lawyers agreed with this answer

  10. What is the chances of a case being dismissed or acquitted if a state witness does not show up?

    Answered 11 months ago.

    1. John Scott Swimmer
    2. Ili J. Subhan
    3. Stephen Charles Cooper
    4. Eric P. Pitsch
    4 lawyer answers

    Sometimes the State can proceed with an alternative theory to prosecute. If the State cannot proceed without the witness, they may request a continuance or issue a warrant to arrest the witness. But you have an excellent chance of getting your case dismissed without prejudice, which means the State may reopen the case.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful