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John Scott Swimmer

John Swimmer’s Answers

410 total


  • Is mediation a mandatory?

    In a personal injury civil lawsuit in Wisconsin, say, Milwaukee County, suing for over $50k, will the judge order mediation, and is it the responsibility for Plaintiff to pay for mediation? Thanks!

    John’s Answer

    Yes the judge will order it and both sides pay around $300-400 is average depends on mediator.

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

    the detectives verbally said "are you sure your so messed up how can you be sure" during a video interrogation can that be dismissed so anything that was said that is a possible confession can not be used or can that be used as evidence?

    John’s Answer

    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.

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  • For a speeding ticket on I-94 in Racine County, should I mail a Not Guilty Plea or show up on the initial appearance date?

    Also, what kind of offer, if any, can I expect on a 6-point 25-29 over ticket?

    John’s Answer

    You need to appear the 15 day suspension
    will have a dramatic increase in your insurance rates not to mention the loss of license.

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  • I was terminated from my employer, an Indian Tribal Government. Do they have to follow California law and pay me immediately?

    I was let go five days ago over the phone. I turned in my key and badge this morning and was told my final pay check would be direct deposited on my normal pay day, this Friday. Also, my accrued time off would be given to me in the form of a che...

    John’s Answer

    Indian tribes are generally exempt from State law because they are sovereign nations. This includes most state laws and likely includes California Wage and Hour law. You may be able to file a grievance but if they are making you wait one week, it is unlikely that your grievance would be heard before you get the check, and I don't know that your damages would justify the expense of a lawsuit. I would write a letter demanding you check and see what happens. Sometimes tribe, and tribal entities will cooperate to avoid litigation and prevent grievances.
    Good luck.

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  • Can my city ordinance ticket for disorderly conduct (amended from retail theft) prevent me from employment in healthcare?

    In 2007, when I was 17, I was arrested for retail theft. I was fingerprinted and released with a municipal court date. I never saw a judge I just spoke with the DA and she amended the charge to disorderly conduct. I remember her saying that this...

    John’s Answer

    You cannot expunge an ordinance offense, but you may try contacting the City Attorney to see if they will work with you. You best option may be an employment discrimination suit.

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  • Will I have any luck collecting child support from non-custodial tribal member who lives and works on their tribal reservation?

    I live in Arizona, with a child support order in Arizona, the non-custodial tribal member lives in Montana on the reservation. Arizona's DCSE has been unsuccessful at attaching to payroll. I asked for Arizona to request Montana's child support div...

    John’s Answer

    It sounds like you have exhausted your tribal appeals. You should do an open records request to ACF/OCFE to review the governing document. There may be provisions in these documents that give you some kind of relief.

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  • Hi, I recently got a speeding ticket for going 45 in 25 in whitefishbay. 6points. what can I do to reduce this?

    This is also my first speeding ticket. At that particular time every car ahead of me was traveling at that speed. The officer could have pulled any one of us over but I just seemed to be the lucky guy. So what can I do to reduce the points as much...

    John’s Answer

    You should be able to get a reduction. Contact a lawyer for best results.

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  • Since WI has no expungement for felony convictions, what are my chances of reopening a criminal case from the mid 2000s?

    Between 2003-2005 I committed various check crimes with my own checkbook and that of my fathers while in severe dark depression and some recreational drug abuse. The total amount was less than $1,000. I cut myself off from everyone, therefore was ...

    John’s Answer

    You would need to petition the sentencing judge if he is still serving, or the court that sentenced you. Start by contacting the prosecutors. Most prosecutors and judges will not consider it. The courts want finality of judgments. If anyone could reopen there case matters would never be resolved. It is possible but difficult, and unlikely almost impossible without an experienced attorney.

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  • If my son currently resides on a Native American reservation, can I get the case moved to a Federal Court?

    My son was born in Utah. His mother and I had a falling out and she took him to the reservation over a year ago. Her whole family won't communicate with me about the well-being of my son. We were never married and no custody has been established. ...

    John’s Answer

    No a federal court doesn't have jurisdiction.

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  • How long after you are convicted of your third OWI are you required to report to jail?

    If you plead guilty instead of going to a jury trial, could the sentence be lighter?

    John’s Answer

    You report immediately after sentencing. In theory you would get a lighter sentence. But most prosecutors argue for harsher sentences if you go to trial, and some judges impose stiffer sentences. My personal philosophy on OWI charges is that you should go to trial. You are unlikely to much in negotiation unless you can show the prosecutor some problems with their case.

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