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John Scott Swimmer

John Swimmer’s Answers

410 total


  • My daughters friend got busted selling herion in a school zone was facing 40 yrs so he flipped and got her to split a 1/4 oz of

    Weed so he got 6 grams wore a wire used marked bills. After the transaction they never came to retrieve the marked bills . 7 months later they DTF knock on her door wanting to ask questions. She asked to go get her phone and shoes they say no so...

    John’s Answer

    It is up to your daughter if she wants to accept the plea. Your PD cannot force you to take a plea. If that has happened you can appeal. The plea has to voluntary and cannot be coerced. Often you can ask for a difference public defender if this one doesn't work. The Public Defender's for Wisconsin do an excellent job despite low pay and overloaded case loads. Despite negative public opinion they are excellent attorneys who try hard.

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  • Question

    who decides what a person is charged with like a burgerly are criminal trespassing.

    John’s Answer

    The city or state prosecutor has discretion as to what charges you face.

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  • Questions about Divorce.. Can I prosecute for Bigamy?

    My ex and I started dating in May 2001. We got married in July 2004. I didn't work any after we were married. I was a full time caregiver to his grandmother. In 2006, we found out he had a daughter from his ex girlfriend. She was 5 1/2 at the time...

    John’s Answer

    You may have a case against your husband for bigamy. Schedule an appointment with the local prosecutor. Prosecutor's have discretion on what cases to pursue so even if it is against the law local the prosecutor may not pursue the case, and criminal statutes limit the right of citizens to bring prosecutions. You may have civil claims against both him and her.

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  • Do I have a case? This is not about paying the fine at all, if you think I don't have a case I will just pay it. Fight the power

    I was pulled over in the city and issued a fine for "operate w/o valid license exp w/in 3mths". The officer who issued the citation, as it clearly states on the fine, is a state trooper. He was driving a city officers patrol at the time and in the...

    John’s Answer

    You can plead not guilty and challenge
    jurisdiction of the officer, but typically
    officers scan license plates as a routine
    matter. So if you are the registered owner
    the officer has probable cause for the stop.

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  • Hi, I am a Concrete truck driver that was in an accident that wasnt my fault and my co. want me to use vacation days for loss

    while at work a lady ran into my company concrete truck while driving down the highway. She got the ticket and i received her insurance info. My company policy says i cant go back to work until my Mandatory Drug Screening comes back. However My...

    John’s Answer

    Your company has the right to require you to pass the drug screen before returning to work. If the company policy states that it is without pay, then you are likely bound by that policy. You may have a workers comp claim You have a claim to submit to her insurance for lost wages, and other expenses related to the accident.

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  • I had a sezuire and was given a inattentive driving ticket and don't know why

    Behind the driver seat driving and having a seizure

    John’s Answer

    Be careful about asserting this defense, this can lead to permanent loss of your license, and substantial medical expense to regain it.
    If you are having seizures you should not be
    driving. See a doctor immediately.

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  • Does one need a tribal attorney to represent them in a law suit against a tribal business regardless of one's ethnicity?

    This is a civil rights, hostile work environment, forced resignation, being bullied by a supervisor, and more case. I am being somewhat aloof in my query as anonymity is important for me. I will add that there are four of us that worked together a...

    John’s Answer

    • Selected as best answer

    You are best served by an attorney experienced in Indian law.

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  • Expungment vs. dismissed

    what are the only way a case can be reopened and possibly dismissed what would it take. were looking to get a job later on done the road and you have expungment can you say no on job applications a lot of judges say you get a clean slate with...

    John’s Answer

    You have to read the question. Oftentimes an application will broadly phrase so that it can include an expunged charge. Typically applications for a professional license, but on most other job applications you should be able to check no. If you are denied employment because of a conviction file a complaint with the Equal Rights Division or the EEOC. In Wisconsin, you cannot refuse to hire someone because of a conviction. The conviction must be related to the job. Employers often violate Wisconsin law and discriminate against those with convictions.

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  • If an Indian Probate Judge decided on a case, can we change our argument and repetition?

    My Indian Uncle died and left everything to his non-Indian 1/2 brother, including Indian trust land. My mother contested the validity of the will based on undue influence and testamentary capacity. They were unable to prove either of those and the...

    John’s Answer

    Probably not. To reopen the case you need to show new evidence. You would need to appeal if the timeline hasn't passed. A judgment is presumed final, and the ability to reopen is at the judge's discretion.

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  • What can I be charged with pertaining to being accused of felony child solitation

    I am being accuses of felony child solitation. But there was never a picture of this child sent to my phone. What are my chances of not getting the maximum of 3 years in prison?

    John’s Answer

    First hire a lawyer if you cannot afford get a public defender. The likelihood of getting the
    maximum sentence with no priors is unlikely. An attorney cannot advise you further without a personal consultation.

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