John Scott Swimmer’s Answers

John Scott Swimmer

Shorewood Native American Law Attorney.

Contributor Level 14
  1. If I don't take any action prior to my pretrial hearing, am I waiving any rights?

    Answered about 1 year ago.

    1. John Scott Swimmer
    2. J Steven House
    2 lawyer answers

    Hire an attorney. You could lose your right to substitute the judge, motions must be filed in ten days, and you need a discovery motion filed immediately.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My Husband has his 1st OWI trial tomorrow. I believe a possession charge is on the way and we got some bad info. Please advise

    Answered almost 2 years ago.

    1. Charles K. Kenyon Jr.
    2. Aaron Michael Galarowicz
    3. John Scott Swimmer
    4. J Steven House
    4 lawyer answers

    An OWI 1st offense in Wisconsin is a civil matter. You need to call the clerk of the county or municipality where the offense took place to find out the status of the case. Typically you have an initial appearance, pre-trial, and then a trial date. You cannot get the offenses merged. The drug possession will probably be charged as a felony. You are likely waiting on the District Attorney to review and draft the complaint. You should enter a not guilty plea and retain an attorney as soon as possible.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I lied during my personal injury deposition. Can I change this. I have been sick!

    Answered over 2 years ago.

    1. Howard Michael Adelsberg
    2. John Scott Swimmer
    3. Mark L. Krueger
    4. Wesley Dalrymple Wakeford
    5. Paul Y. Lee
    5 lawyer answers

    As a general rule, you should be able to amend your anwer. Typically you are provided an opportunity to correct your answers or any mistakes. This depends how long it has been since the deposition and if you have been offered this opportunity to correct your answers.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. 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

    Answered 2 months ago.

    1. Michael W Modica
    2. John Scott Swimmer
    3. Randy William Ferguson
    4. Bryan David Fisher
    5. Theodore Charles Levy
    6. ···
    9 lawyer answers

    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.

    6 lawyers agreed with this answer

  5. Do I have a claim against a movie theater where I tripped and fell on a step inside the theater and hit my head broke my glasses

    Answered about 1 year ago.

    1. Isileli Tupou Manaia Mataele
    2. Christian K. Lassen II
    3. John Scott Swimmer
    4. Richard Andrew Harting
    5. James Michael Bergener
    6. ···
    7 lawyer answers

    This would be a difficult claim to establish. Negligence depends on proving that something was fundamentally unsafe, a violation of a building safety code, or statute,. Your claim would be offset because some of the fault will be attributable to your conduct.

    6 lawyers agreed with this answer

  6. Can felons communicate with each other?

    Answered 9 months ago.

    1. Anthony D. Cotton
    2. John Scott Swimmer
    3. Eric P. Pitsch
    3 lawyer answers

    If her parole officer permits it. But a usual condition is that you cannot associate with other convicted felons. She we need an attorney to help her if she wants to pursue this relationship.

    Selected as best answer

  7. In Wisconsin, under what conditions am I legally compelled to provide my ID to the police?

    Answered almost 2 years ago.

    1. John Scott Swimmer
    2. Michael C. Witt
    3. Craig R. Johnson
    3 lawyer answers

    The police officer can stop and question you if he has reasonable suspicion, which means that the officer can articulate a legitimate reason for the stop. You do not have to present your ID unless you are under arrest. The best way to determine if your under arrest is to ask, am I under arrest? In the scenario you presented the officer probably had reasonable suspicion to stop you and make an inquiry. The Wisconsin Driving Regulations require you to be able to provide your license and proof of...

    Selected as best answer

  8. Double Jeopardy DWI

    Answered 15 days ago.

    1. Cale Plamann
    2. Ted Harvatin
    3. John Scott Swimmer
    4. Jeffrey W. Jensen
    5. Julia E. Simmons
    6. ···
    6 lawyer answers

    No it is not double jeopardy. This is a nuanced defense that requires a skilled DUI attorney. But you may have other defenses.

    4 lawyers agreed with this answer

  9. Would a lawyer be able to help me get reduced penalties for a first offense OWI .088 on site and .081 in the station?

    Answered about 2 months ago.

    1. Jay K. Nixon
    2. John Scott Swimmer
    3. Jeffrey W. Jensen
    4. Michael C. Witt
    5. J. Denise Carter
    6. ···
    6 lawyer answers

    Almost no one passes a field sobriety test so passing the walk and turn test is an excellent indicator you were sober. Typically the prosecutor will not reduce largely because of internal policies, but you should try the case. You may be able challenge the test results, test administration, or actual stop. Your best result will come from trying the case.

    4 lawyers agreed with this answer

  10. 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

    Answered 2 months ago.

    1. John Scott Swimmer
    2. Michael C. Witt
    3. James J. Connolly
    4. Jeffrey J. Szczewski
    4 lawyer answers

    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.

    4 lawyers agreed with this answer