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John Scott Swimmer

John Swimmer’s Answers

410 total


  • WA state company owned by out of state Native American tribe. Tribe stopped paying health benefits without notice to employees.

    Over 9 months of non payment transpired by the tribe without notice to employees. I now have thousands of dollars worth of bills unpaid. what is the recourse for getting these bills paid for? Am I at risk of ruined credit? Will I be sent to co...

    John’s Answer

    You may have an ERISA claim. Find a Washington attorney specialist in ERISA.

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  • Double Jeopardy DWI

    I was pulled over for speeding about a month back. The officer ask if I had been drinking. I told him that I had a couple of beers. I had to do a field sobriety test and blew a .11 in the breathalyzer. I had a friend come get my car and I went to ...

    John’s Answer

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

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  • Statutory rape blackmail? What can we do?

    I have a friend that looked to Craigslist for a sexual encounter. He found a profile of someone saying they were 18 and he went for it. Literally days after the encounter the "18" year-old told him he was really 16 and that if he didn't want to go...

    John’s Answer

    You friend should stop paying the boy. He could be charged but it is unlikely because he may have a defense of fraud or that he was induced by the victim. Further, the victim may face felony charges if he goes to the police to file charges. Your friend runs a risk of getting charged with statutory rape because it is a strict liability crime. This means that it is no defense he didn't know the other person was underage. If you go to the police hire a lawyer and do not make a statement without consulting with a lawyer.

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  • How are appeals done. what do they do for a defendant.

    are appeals lengthy process. what does it take to redo a conviction to get it withdrawn how are appeals done. what do they do for a defendant.

    John’s Answer

    An appeal is started by filing a timely notice of intent to appeal. Then a Notice of Appeal, and then the appropriate briefs and motions. Typically chances of success on appeal are slim you have to have to have an error that was preserved during trial or to withdraw a plea you must show that it was involuntary or some other error. Very hard to establish sufficient error on a plea withdrawn particularly if the judge when through all the steps. Disliking the sentence will not lead to a successful appeal. You have to show that judge was wrong. Very hard to do and a high standard. Appeals courts will not typically second guess a trial judge on factual issues. Your best chance is to show the judge applied the law incorrectly.

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  • Hello I got a class B misdemeanor back in 2008 can I reopen the case to fight it. Ex-girlfriend gave false statement.

    because I wasn't thinking at the time I pleaded guitly of her false statement she gave the tribal police officer she knew and asked my 7 yr old and 6 yr old questions,that they didnt know the answers to every question that came out of my kid's mou...

    John’s Answer

    It is difficult and subject to the Judge's discretion. If you had the chance to cross examine her very unlikely, and you would need an affidavit from her to get started. Your assertion is insufficient to reopen a case. You would need new evidence that wasn't available or to establish ineffective assistance of counsel.

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  • How do Native American rights apply to California Family Law?

    I am Choctaw but live in California. I have been reading about the American Indian Welfare Act and I wonder if any of it applies to a current custody case that I've been going through. My ex lives out of state and I am under his threat of filing a...

    John’s Answer

    ICWA does not apply to child custody cases. You would need to find a family law attorney to specifically discuss the other aspects of your question.

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  • Can I sue an Indian casino for a gambeling addiction?

    The casino will send you adds for free meals, give you money on the players card,at home I could care less about gambeling, but if i go to casino, i cannot quit playing untill i am out of money, bills not paid ect.I beleive there is something in ...

    John’s Answer

    Probably not. Tribes and tribal entities
    have sovereign immunity.

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

    Happened in Milwaukee, WI. When pulled over, I passed the walking tests on site and blew a .088. I was then taken into the station for forms and the final breathalyzer test which showed a .081. I am 25 and have nothing on my record except for p...

    John’s Answer

    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.

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  • May I join a Wisconsin native American tribe if my father was registered in a related Oklahoma native American tribe?

    My father was Potowotomie citizens band in Oklahoma. Wisconsin has Potowotomie Forrest County band that accepts Potowotomie members from the Potowotomie community under certain guidelines. Would a Wisconsin native American legal advocate be able...

    John’s Answer

    You would need to start by gathering your
    Birth Records and then contacting the enrollment office. A native advocate could assist you.

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  • Do i have any rights or protection in a tribal court as a non-native?

    what can i do if the tribal judges disregard all the evidence and make a bias decision? i have went through the appeals process to no avail. Do i have any rights under the Constitution to protect me from not receiving a fair shot in court? This is...

    John’s Answer

    If you have exhausted all tribal remedies, then you are likely out of options. It is
    too late to transfer proceedings and ICWA
    does not apply to child custody cases.

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