John Scott Swimmer’s Answers

John Scott Swimmer

Shorewood Native American Law Attorney.

Contributor Level 14
  1. Can a person be charged with 2 owi's in two state for the same case

    Answered about 2 months ago.

    1. John Scott Swimmer
    2. J Steven House
    3. George A. Limbeck
    4. Stephen Walter Sawyer
    4 lawyer answers

    Yes two separate jurisdiction and when you crossed the border it became a separate crime.

    6 lawyers agreed with this answer

  2. How do I get a retail theft citation fine reduced? Any pretrial diversions? Can the record be expunged without legal fees?

    Answered 8 months ago.

    1. Michael C. Witt
    2. John Scott Swimmer
    3. James CW Bock
    3 lawyer answers

    You must contest the case. You will receive a better outcome with an attorney.

    6 lawyers agreed with this answer

  3. Can an attorney get me a court date and ask to get a warrant recalled and quash if I promise to appear for the scheduled court?

    Answered 10 months ago.

    1. John Scott Swimmer
    2. Karyn T. Missimer
    3. Frank Mascagni III
    3 lawyer answers

    Your attorney can get you a return date, but cannot quash the warrant until you appear and post bail.

    6 lawyers agreed with this answer

  4. Can I get in trouble if I'm 100% sober at an underage party? And since I'm on meds can that help me prove I'm innocent?

    Answered 11 months ago.

    1. Eric P. Pitsch
    2. John Scott Swimmer
    3. Robert E. Harris Jr.
    4. Christopher Daniel Leroi
    5. Harry R. Hertel
    5 lawyer answers

    The hardest thing to prove is that something did not happen. Typically at a party the police will issue citations to everyone and let the court sort it out. You need an attorney to help protect you.

    6 lawyers agreed with this answer

  5. Should I appeal my case for the time being?

    Answered 12 months ago.

    1. John Scott Swimmer
    2. Jeffrey W. Jensen
    3. Christopher Irvin Simser
    3 lawyer answers

    Filing an appeal does not automatically stay your sentence. The stay is discretionary. You are at the mercy of the HUBER program and the county sheriff. You must get consent from jail in the county you are seeking to transfer to. You have to report to your initial county of confinement and then put in a request to transfer. This often depends on if the facility has capacity. Good luck.

    6 lawyers agreed with this answer

  6. Perjury to DMV 20 Years Old.Can They Prosecute?

    Answered about 1 year ago.

    1. Michael R. Cohen
    2. John Scott Swimmer
    3. Michael C. Witt
    4. Ethan Patrick Meaney
    5. Jasen Bodie Nielsen
    6. ···
    6 lawyer answers

    Yes depending on the circumstances this could be a Class H Felony or a Class A misdemeanor. The State must prosecute within 6 years or you may be able to assert a statute of limitations defense. You must hire a lawyer to assess your situation. This answer is made based on incomplete information which should not be provided on Avvo, and only an attorney who has reviewed your case can properly advise you.

    6 lawyers agreed with this answer

  7. If I have been questioned about a crime and have been told that the DA will proceed with charges, do I get a lawyer now or later

    Answered over 1 year ago.

    1. Michael C. Witt
    2. John Scott Swimmer
    3. Scott S. Schlough
    4. Alan James Brinkmeier
    4 lawyer answers

    You need a lawyer. I have had several experiences where clients have hired me before charges were filed and we have been able to prevent the charges from going forward.

    6 lawyers agreed with this answer

  8. Second OWI. Are police responsible for lack of medical attention?

    Answered over 1 year ago.

    1. Michael C. Witt
    2. John Scott Swimmer
    3. John Paul Thygerson
    3 lawyer answers

    The police may be liable, but it is difficult to win and you typically must establish permanent injuries. I would start by seeing your physician immediately to determine the extent of your injury. You must start by filing a notice of claim, if you have one, and filing it on the designated party. Keep track of your symptoms and keep a journal of the date and time of the incident and other relevant information.

    6 lawyers agreed with this answer

  9. I have three questions about my recent marijuana and paraphernalia possession charges.

    Answered 8 months ago.

    1. John Scott Swimmer
    2. Michael C. Witt
    3. Jeffrey W. Jensen
    4. Stephen Ross Cohen
    4 lawyer answers

    This is an ordinance violation. Municipal charges are typically ordinance violations. Case law states that ordinance violations cannot be expunged. You can get an attorney to negotiate a plea such that it will not appear in a search. Good luck!

    Selected as best answer

  10. If during my video interegation the detectives verbal acknoledge i was to messed up to know what i was saying can it be used?

    Answered about 1 month ago.

    1. John Scott Swimmer
    2. Matthew Russell Meyer
    3. Jay K. Nixon
    4. Stephen Walter Sawyer
    5. Jonathan Eaton Rooker
    5 lawyer answers

    You need challenge it. Some judges will throw it out and some will allow it. Your attorney can advise you after looking at the tape and other discovery.

    5 lawyers agreed with this answer