Skip to main content
John Scott Swimmer

John Swimmer’s Answers

410 total


  • When someone calls in a false allegation re someone on probation how do you prove it's false without being taken into custody

    A "friend" of my bf (who is on probation) called his agent & lied stating he was threatening violence against his own mom & drinking & drugging 2 wks ago. The police were never called & it never happened yet the P.O. has issued a mandatory custod...

    John’s Answer

    Unfortunately his remedy may be a civil lawsuit. Other the challenging the hearing he doesn't have much relief available.

    See question 
  • Can a police officer conduct a warrant-less search of a residence by seeing Cannabis through a window?

    Can a police officer enter my home without a search warrant because they saw a bag of cannabis through a window?

    John’s Answer

    Yes under the plain sight doctrine a court would likely find the search constitutional.

    See question 
  • Do i need a fishing license in Texas if i belong to the Choctaw tribe?

    I do have my native american card.

    John’s Answer

    Yes you need a Texas fishing license. The Choctaw has jurisdiction over tribal lands so tribal law preempted State regulation. But tribal regulation is limited to tribal lands. Any activity off tribal land is subject to State regulation.

    See question 
  • Can you get charged for bail jumping if you comitted a charge when you were on bond but no longer are on bond?

    My friend wrote my other friend in jail with a fake name because they had a no contact order but now neither of them are on bond can either of them get charged with anything?

    John’s Answer

    Yes. Any statute of limitations would dependi on the underlying charge.

    See question 
  • My girlfriend choke on a bone from boneless tilapia fish from walmart what can i do about this she is 7 month pregnant

    its not a small bone nether its a mid size bone now she dont want to eat fish no more i put the bone in a bag

    John’s Answer

    I agree with the earlier post. I doubt that you have a case.

    See question 
  • Can a person be charged with 2 owi's in two state for the same case

    Fled the officer from wisconsin to Michigan and got a owi in each state

    John’s Answer

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

    See question 
  • Possible to get a new judge?

    A family friend has been put in jail and I believe the judge is biased. I was told that if letters are written to a judge, he/she is not supposed to open them. This judge has and has used them in court against him. Is there anyway to stop this fro...

    John’s Answer

    You have a right of substitution. A simple letter will suffice or you can sometimes find a form in the courtroom. Talk to your attorney.

    See question 
  • I recieved my 3rd dui in Waukesha County, my 2nd dui was 2yrs ago. My level on this 3rd dui was under the limit at .070

    I was under the limit at .070 but still received a citation for a dui in Waukesha County by the New Berlin Police Department. My question is can I get this dropped and if i dont and they count it as a 3rd can I have a ankle braclet in li...

    John’s Answer

    Go to trial. The State will not drop it. Get a real good attorney and win this at trial.

    See question 
  • Called Chief of Police and County Attorney and now being accused of harassment. Is this legal?

    I've never had a criminal background before but an event that occurred several months ago has spawned an investigation and I've made some bad decisions as a result. I was accused of child abuse. There is NO evidence to suggest I'm guilty and sever...

    John’s Answer

    You may have a civil suit for the child abuse investigation. But you need to hire an attorney immediately. Contact Legal Aid if you cannot afford one or the Public Defender for the criminal matter. The Prosecutor does have authority to charge you, and he is immune from suit. If you have violated no contact restraining orders you will face criminal prosecution. It is not a defense that you thought he was suicidal although a judge may find it mitigating at sentencing. But the proper course is to call the police and ask for a welfare check.

    See question 
  • What will happen to my 19 yo son who was on probation for possession of THC and now got a drinking citation?

    His 1 year probation conditions included employment of 24 hours a week and absolute sobriety. Court would have considered early release at 6 months. He's at the 5 month point of his probation. He got fired from one job early on for being late mult...

    John’s Answer

    Depends on the judge and his PO. Ask the PO. Hire an attorney for best results.

    See question