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Jay K. Nixon

Jay Nixon’s Answers

1,306 total


  • If charged with marijuana and paraphernalia does my auto insurance go up or stay the same?

    A cop pulled up to my car and found a pipe on the ground so he searched my car and found a dime bag. I never got charged with a DUI but will my auto insurance still go up?

    Jay’s Answer

    Yes, many insurers consider criminal conviction histories, as well as every other aspect of your life. They are not required to disclose what information they used, although a few things, such as race, are prohibited (but only if someone can prove that they considered it). You should therefore probably expect insurance in creases based upon such convictions, and should therefore seek experienced criminal defense counsel as soon as possible if you are worried about the many different consequences of any convictions.

    If any answer is especially helpful for you, feel free to select the best answer option to recognize the lawyer’s free of charge efforts here. Also, answering this question does not make me your lawyer, and I would normally not do anything else on your case without additional arrangements, although you can ask for clarifications here or also see my past answers to similar questions at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. View over fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon or www.jayknixonlaw.com. Answers may contain attorney advertising materials.

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  • Should the insured driver of a vehicle thats not insured file a claim after accident?

    Car was totalled after someone ran red light. He's insured (liability only) and the driver of my vehicle is also insured.( I was not present during accident) My car is insured through my finance company only (liability only i think). Does the ins...

    Jay’s Answer

    Yes, anyone who wants coverage should notify their insurance company of any major accident they were in, regardless of who owned the vehicle or the insurance status of the vehicle's owner. If they were using it on an occasional basis with permission, the driver's own policy should pick up the defense, regardless of fault, if there is a claim made by the opposing driver, or if they, themselves were injured. Failure to do that could cause coverage to be denied. If the person was hurt, he or she should immediately consult experienced personal injury counsel, but if it was a major accident, they should consult some attorney about the details regardless of injuries.

    If any answer is especially helpful for you, feel free to select the best answer option to recognize the lawyer’s free of charge efforts here. Also, answering this question does not make me your lawyer, and I would normally not do anything else on your case without additional arrangements, although you can ask for clarifications here or also see my past answers to similar questions at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. View over fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon or www.jayknixonlaw.com. Answers may contain attorney advertising materials.

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  • I have some traffic violations and attorneys fees from a previous legal issue. Can bankruptcy also cover these costs?

    I need to file bankruptcy for credit card debt but also have traffic tickets; Speeding, Driving without a license, DUI, and attorney fees to fight an accident I was involved in. Will these also be covered in bankruptcy?

    Jay’s Answer

    Yes, if you file chapter 13 and pay off your fines in full over a five year plan, you can solve this problem, otherwise fines from governmental units are not usually dischargeable. If your license is suspended due to the nonpayment of fines, the good news is that you might be able to reinstate as soon as your chapter 13 plan for payment of the fines is confirmed by the court, rather than having to wait the entire five years. Sometimes the DMV will even let you reinstate as soon as you file. Past attorney fees can also be paid off in this fashion, sometimes at a rate of less than 100%.

    If any answer is especially helpful for you, feel free to select the best answer option to recognize the lawyer’s free of charge efforts here. Also, answering this question does not make me your lawyer, and I would normally not do anything else on your case without additional arrangements, although you can ask for clarifications here or also see my past answers to similar questions at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. View over fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon or www.jayknixonlaw.com. Answers may contain attorney advertising materials.

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  • What is the difference between a bench warrant and a regular warrant?

    a friend of mine missed court in two different counties in Wisconsin and it says a warrant for one and a bench warrant for the other are there any difference in the two?

    Jay’s Answer

    Bench warrants often have no bond amount, also known as "body only," which body is to be brought before the judge (in the old days, possible "dead or alive"). They usually mean that a person has violated their bond by missing a court date, so their existence is also also predictive that a new charge of bail jumping may follow close behind. Anyone facing a bench warrant is in dire need of immediate representation by a veteran criminal lawyer if they value their freedom, who might be able to adequately explain the missed court dates and settle the cases in a fashion which does not involve immediate custody or new charges. Criminal warrants, on the other hand, often occur when a person misses court but is not under a bond at the time, having declined to accept the invitation to appear in a summons. For serious matters, however, DA's often skip that stage and go directly to arrest warrants. Police also sometimes arrest people without warrants, but that often leaves the charge open to a motion to dismiss by the defense attorney if circumstances permitted reasonable left time to have a judge sign a warrant instead, after making a finding that the sworn statements in the warrant create probable cause that the defendant has committed a crime.

    If any answer is especially helpful for you, feel free to select the best answer option to recognize the lawyer’s free of charge efforts here. Also, answering this question does not make me your lawyer, and I would normally not do anything else on your case without additional arrangements, although you can ask for clarifications here or also see my past answers to similar questions at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. View over fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon or www.jayknixonlaw.com. Answers may contain attorney advertising materials.

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  • What should be done about a second underage drinking charge in dane county, WI?

    This first included a trip to detox, and I took a class to reduce the fine. It was over a year and a half ago. This second occasion I was very compliant and only blew a .06 but was given a ticket. What should my next course of action be?

    Jay’s Answer

    Get a lawyer, since this one will probably cost you your license, and is nearly certain to effect your auto insurance rates for years to come after you get your license back, since these convictions are reported on your driving record. Then get back into detox, in addition to attending daily AA meetings. Two of these in such quick succession indicate that you may have a serious drinking problem which will only get worse until you do something about it. You probably need to commit to total sobriety for life.

    If any answer is especially helpful for you, feel free to select the best answer option to recognize the lawyer’s free of charge efforts here. Also, answering this question does not make me your lawyer, and I would normally not do anything else on your case without additional arrangements, although you can ask for clarifications here or also see my past answers to similar questions at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. View over fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon or www.jayknixonlaw.com. Answers may contain attorney advertising materials.

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  • Can i legally be interogated and arrested from a disturbance hersay call by poilce if im not fully consious to answer questions

    there was a disturbance call about a fight with 3 minors getting beat up and i was blamed beacause i lived with them and they knew me. i got beat up by some people that knew them. i got beat up and i was hospitilized with my right of my face swool...

    Jay’s Answer

    An experienced criminal lawyer might attempt to get your statement suppressed if it was not completely voluntary. Being dazed due to head injuries or anesthesia can sometimes lead to a finding of involuntariness, since you may not have been sufficiently conscious to intelligently waive your right to remain silent. Get a lawyer as soon as possible and quit voluntarily admitting facts online which can certainly be used against you by police (now that you are fully conscious again).

    If any answer is especially helpful for you, feel free to select the best answer option to recognize the lawyer’s free of charge efforts here. Also, answering this question does not make me your lawyer, and I would normally not do anything else on your case without additional arrangements, although you can ask for clarifications here or also see my past answers to similar questions at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. View over fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon or www.jayknixonlaw.com. Answers may contain attorney advertising materials.

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  • After a Chapter 7 bankruptcy is discharged, is the creditor supposed to clear the balance, or not?

    My chapter 7 bankruptcy was discharged back in 2014. I recently went to apply for service with ATT and was denied several times due to an outstanding balance which should've been cleared during the bankruptcy discharge. I spoke to someone in the b...

    Jay’s Answer

    If they are asking you to pay the balance to get service, it may be a violation of your discharge, so you should have your attorney send them a warning letter. Other than that, however, they have no obligation to do business with you and are free to reject you on credit worthiness grounds, just like any other creditors. Public Utilities are also allowed to require an advanced deposit (typically a multiple of the year's highest utility bill), in order to obtain future service, but I have not heard of ATT being described as a public utility recently. Perhaps you could voluntarily offer to set up such a deposit, in order to become less risky to them, in order to get accepted? Generally speaking, any creditor is normally allowed to reject you on credit grounds due to having filed bankruptcy, although that effect more or less disappears after a few years, provided that you have used your credit after bankruptcy and paid everything on time.

    If any answer on AVVO helps you, mine or someone else's, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others. Answering this question does not make me your attorney, but you can post comments here for clarifications, etc. You can also see past answers to similar questions on AVVO at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. See 15 years of past answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon . Answers may contain attorney advertising materials.

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  • In 2011 I got citations for possession of marijuana and paraphernalia. I was charged again last week. Can they charge both now?

    The initial citations were never charged, when I showed up to court they said they had no record of my citations and I was free to go. Last week I received citations for the same thing. Can they go back and charge me twice now or has enough time p...

    Jay’s Answer

    The answer is yes, they can charge you, and the charges will probably stand up unless you fight them. Since you are facing possible prison time, you are in urgent need of an attorney, who will investigate possible statute of limitations defenses, as well as other technical defenses.

    If any answer is especially helpful for you, feel free to select the best answer option to recognize the lawyer’s free of charge efforts here. Also, answering this question does not make me your lawyer, and I would normally not do anything else on your case without additional arrangements, although you can ask for clarifications here or also see my past answers to similar questions at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. View over fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon or www.jayknixonlaw.com. Answers may contain attorney advertising materials.

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  • What will happen to me after a drinking ticket?

    I, a 17 year old Illinois resident, was recently given an underage drinking ticket in Twin Lakes, Kenosha County, Wisconsin. It's my first time ever getting a ticket or arrested whatsoever. It's a $263.50 fee if I choose not to take it to court, a...

    Jay’s Answer

    No, it will not be expunged in any way, unless your attorney negotiates such an arrangement. And, just to make things worse, not only will it show up on the court's public record, but these are also reported to your driving record, potentially increasing your insurance rates for years after you turn 21. If you care about insurance rates. Finally, judges can also directly revoke your driver's license based upon these convictions alone. Get a lawyer today.

    If any answer is especially helpful for you, feel free to select the best answer option to recognize the lawyer’s free of charge efforts here. Also, answering this question does not make me your lawyer, and I would normally not do anything else on your case without additional arrangements, although you can ask for clarifications here or also see my past answers to similar questions at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. View over fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon or www.jayknixonlaw.com. Answers may contain attorney advertising materials.

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  • What are my rights as a guest at a rooming house??

    My so called girlfriend terminated her lease at this boarding/rooming house back in June of 2015. Her reasons are very confusing because she mentioned how other tenants and guest are very hostile, boisterious, annoying, provoking, etc. Well since ...

    Jay’s Answer

    No good can possibly come from this situation; move yourself and your belongings out as soon as possible to prevent things from getting even worse. Your rights as an ex friend of an ex tenant hang by a very slender thread indeed, and your legal standing to object to almost anything that happens there may be almost nonexistent. Get a lawyer, but perhaps getting a new place to live is also equally important before you become homeless and lose all of your belongings in addition. Rooming houses of the type which you describe are probably better for those who do not have much to steal.

    If any answer on AVVO helps you, mine or someone else's, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others. Answering this question does not make me your attorney, but you can post comments here for clarifications, etc. You can also see past answers to similar questions on AVVO at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. See 15 years of past answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon . Answers may contain attorney advertising materials.

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