John W. Carini's Answers

John W. Carini
Milwaukee Criminal Defense Attorney.
Contributor Level 11

1

Attorney answers:

  1. John W. Carini

How do out of state speeding tickets affect my license and insurance?

Asked by a user in Pittsburgh, PA - almost 3 years ago.

It depends. Many adjacent states have reciprocity agreements where they share this info. For instance WI and IL, and if you get a ticket in one, the other will find out. If it is a distant jurisdiction, then they probably don't have such an agreement, for minor issues, (things like DUI are going to get shared). Call your state DMV and simply ask what state's they share info with and what state's points count against your license. You don't have to give your name, and even if you did, that...

10 people marked this answer as helpful

4

Attorney answers:

  1. John W. Carini
  2. Frank A Selden

Can I move out at 16 in the state of WI

Asked by a user in Eau Claire, WI - almost 3 years ago.

I must respectfully but STRONGLY disagree with the first answer. The response is correct in that "moving out" does not make you an "emancipated minor,"--someone under 18 that has most of the rights and priveleges of adulthood. This can only be done by Court Order. So by simply "moving out" you are technically and realistically merely "running away from your parents." That alone can get you in a lot of trouble, especially if your parents not only report it to the police but push the issue....

1 lawyer agreed with this answer

3 people marked this answer as helpful

1

Attorney answers:

  1. John W. Carini

I'm on a verbal lease, and rent a room from month to month. Can my landlord say what of my things I may have out in my own room?

Asked by a user in New Port Richey, FL - almost 3 years ago.

I general, once you rent a property you are entitled to full enjoyment of the property limited only by the laws that all of us must follow, (no public nuisance, no excessive noise, etc), and by any agreement or contract that you signed, which would be called a lease in this case. If there is no written lease, every state that I know of then steps in and the law automatically dictates certain terms to fill the void. For example, it is typically then month to month, terminable at either parties...

Selected as best answer

3

Attorney answers:

  1. John W. Carini
  2. Howard Woodley Bailey
  3. John M. Kaman

Is post traumatic stress disorder a valid defense to criminal charges

Asked by a user in Camp Point, IL - almost 3 years ago.

I think that I understand your frustration. PTSD is definitely a defense. Exactly how it works varies from state to state, here in Wisconsin you plead not guilty by reason of mental disease or defect, (frequently known as NGI, from the days when it was called Not guilty by reason of insanity). Some states have moved to a "guilty but insane," defense. I don't think that many have, (maybe California) and generally it's a tougher law. In the majority of states if you are found NGI you are...

1 lawyer agreed with this answer

6 people marked this answer as helpful

4

Attorney answers:

  1. John W. Carini
  2. Frank A Selden

Can I move out at 16 in the state of WI

Asked by a user in Eau Claire, WI - almost 3 years ago.

It seems that you do not want legal advice nearly so much as someone to agree with you. Well, find a counselor, and hopefully they will be able to talk some sense into you. YOU conclude that it is not running away when you have permission. On what do you base this on. As a minor you don't have the legal capacity to make those decisions and your parent(s) can not simply give you permission to leave--again the crime of child abandonment, maybe worse if something were to happen to you. I...

4 people marked this answer as helpful

1

Attorney answers:

  1. John W. Carini

Does a hand shake make it legal?

Asked by a user in Kenosha, WI - almost 3 years ago.

In general there are certain types of contracts or agreements that MUST be in writing to be enforceable. (This was originally known as the "Statute of Frauds," but every state has now codified what exactly is covered and isn't covered. These included: contracts to sell or purchase real estate, contracts that couldn't be completed within a year, promises to pay the debts of another person. Now, there are many additions, (depending on jurisdiction), with consumer contracts, like home...

4 people marked this answer as helpful

1

Attorney answers:

  1. John W. Carini

I live in wisconsin can my landlord let the police in if they have a warrent

Asked by a user in Baraboo, WI - almost 3 years ago.

In general your landlord can not grant access to your apartment to the police while you are legally living there. Neither can a neighbor who happens to have a key, or an overnight guest. Only residents of the unit, (the distinction can be technical here). If the police have a valid SEARCH WARRANT for the premises and it allows them to enter without you being home, e.g. a "no-knock warrant," then I suppose that they could get the landlord to use a key instead of breaking the door down. But...

4 people marked this answer as helpful

1

Attorney answers:

  1. John W. Carini

Can a parole officer tell a person on parole that cannot get a job?

Asked by a user in Malone, NY - almost 3 years ago.

Parole officers have great leeway in establishing the rules for their parolees. And parolees have very limited rights compared to average citizens. However, the P.O. can't make up ridiculous rules or impose conditions contrary to what the court imposed. The court trumps. Frequently holding a job or attending school is a condition of probation. I have never heard of someone being told that they can not work, unless a)they are supposed to be in school or b) they are told that they can not...

4 people marked this answer as helpful

4

Attorney answers:

  1. Anthony D. Cotton
  2. John W. Carini
  3. Michael E Hendrickson
  4. Matthew Jay Weiss

Contesting traffic speeding ticket received in WI

Asked by a user in Hillsboro, WI - over 3 years ago.

A police officer can issue this ticket in Wisconsin without personally witnessing the offense, but obviously he or she must have SOME basis for believing the law was violated and some ability to prove it if challenged. Even if there were no cops around if there were neutral witnesses, (people you don't know), their statements will carry weight. The logic being, if they are truly neutral, then why would they lie? (Although a militant mom intent on slowing traffic on her residential street, is...

3 people marked this answer as helpful

1

Attorney answers:

  1. John W. Carini

Is notification to enter/or that someone has entered required for apartment repairs?

Asked by a user in Green Bay, WI - almost 3 years ago.

Under WI law a landlord must provide reasonable notice before entering an apartment, 12 hours notice unless otherwise spelled out in the lease except for emergencies (a broken water pipe) or to make a repair that you requested. I agree that your situation is difficult, but probably, technically, if the landlord or his agent is there pursuant to your request, they don't have to give you notice before or afterward. I agree that this is not very reasonable or professional and it is possible a...

3 people marked this answer as helpful