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Jay K. Nixon

Jay Nixon’s Answers

1,661 total


  • What is the most time he is facing in jail?

    My brother just got arrested last night, he was drunk, he was in the truck (the truck was parked) he had a pipe and marihuana and had probation ending in march. He is 20 yrs old and he is in Outagamie cty jail.

    Jay’s Answer

    If he has a drug prior, then even simple possession of THC becomes a felony, so he is facing years in prison. Otherwise, he faces 6-12 months on the new THC and/or paraphrenalia, plus his entire maximum exposure on the probation case if he is revoked. Find him an experienced criminal lawyer asap if you really want to help him. There may be defenses available to him if there is any reason to believe that he may not have driven the truck to the location where they found him, as well as whether he got drunk before or after he last drove.

    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 , or see over fifteen years of past answers 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/attorney_control_panel/answered. Answers may contain attorney advertising materials.

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  • He was arrested on Saturday after noon. He has yet to see a judge but has a cash bail set. How much longer can they keep him?

    A friend of mine was at the mall when a young girl came up to him asking him for bus gate. To be nice, he was going to give it to her and police showed up. He complied 38th everything they asked. He did not know this girl Or had ever seen her befo...

    Jay’s Answer

    This sounds like a sting operation, and it also sounds like you do not have the entire story about the friend's interaction with the decoy (or undercover officer). If your friend is on supervision, he could be held for the entire length of his available sentence if revoked, to say nothing of additional decades for some sort of a new sex crime (or attempt) involving minors. Police have specific legal authority to mislead and lie to suspects in furtherance of their duties, so everything that you describe is extremely common; so common in fact that I am amazed by how many people still fall for it. If you really want to help your friend, quit posting details online which could be used against him and instead hire him an experienced criminal lawyer.

    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. View over fifteen years of past answers 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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  • How should I plea and would it be beneficial to seek help from a lawyer for citations of minor in possession of alcohol.

    I am a college freshman attending the University of Wisconsin and this weekend was sent to detox. I was coming home from a party I was not throwing up, however, had trouble walking so when an RA spotted me, they stopped me and called the police to...

    Jay’s Answer

    You will always benefit from experienced legal help when your life interfaces with the legal system, so talk to a lawyer before your court date and make a decision. Madison is rumored to have good diversion programs which will help you address your issues with alcohol (in the long run, are probably the biggest problem face) while also probably making easier for your lawyer to resolve your case in a manner which may not leave you with too bad of a public record.

    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. View over fifteen years of past answers 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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  • Should we hire a second lawyer? Or at least a consult

    My boyfriend was on probation for his 4th Dui and had would have been done in May. However he was arrested for his 5th on December 5th. He has already sat a year prior to 2 years probation. His sentence was probation with 3 year sentence withheld....

    Jay’s Answer

    Unless there are major problems with the DA's case in the new arrest, the same lawyer (and judge) should probably handle all of these, since a "package deal" will give him his best opportunity to get concurrent time. Getting sentenced on one felony OWI, prior to a brand new conviction down the road on a new one creates a real temptation for the new case judge to run the new sentenced consecutive, meaning it would not begin until he is fully discharged from the other prison sentence(s). Consecutive sentences awaiting an inmate have a devastating effect on his eligibility for rehabilitation programing, educational programs and early release programs in prison, to say nothing of needing to serve extra years in prison on the new sentence.

    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 , or see over fifteen years of past answers 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/attorney_control_panel/answered. Answers may contain attorney advertising materials.

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  • Will my violent charge, prevent me from obtaining employment in the medical field?

    I'm a felon, I was charge as an adult in 2004. I'm interested in becoming a respiratory therapist.

    Jay’s Answer

    If you are competing against candidates with no convictions, any conviction would hurt you, all other tings being equal, even if your record has been exemplary since the conviction. In other words, even if you were not disqualified per se, you would probably need to overcome this detriment with other positives, such a better GPA, better past experience, etc. A lot will also probably depend upon how strong the demand is in that field. Strong demand, combined with a shortage of qualified candidates, can overcome a lot, maybe making a 14 year old felony potentially ignorable. On the other hand, applying in fields where convictions are not potential disqualifiers, such as construction, might be a better bet for you. I would defer to an employment lawyer on this however, and would therefore suggest that you repost under employment law.

    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 , or see over fifteen years of past answers 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/attorney_control_panel/answered. Answers may contain attorney advertising materials.

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  • Am i able to ignore the violation since it was my Florida license plate they have on camera running through the tolls? I'm basic

    I was driving through Illinois on December 1st 2015. Didn't have change for tolls because I thought my Sunpass from Florida would work. Anyways I forgot to pay my missed tolls within 2 weeks and got a violation notice. I currently live in Wisconsi...

    Jay’s Answer

    As stated by Atty. Kenyon, you would ignore this unpaid toll only at your peril, since WI issued its license and registration to you based upon your previously having a valid IL license. If IL retroactively revokes your right to have license, that could easily flow through to WI, where your privileges were based upon being properly licensed in your previous state. I too would defer to IL counsel, however, if you repost as an IL traffic law question.

    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 , or see over fifteen years of past answers 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/attorney_control_panel/answered. Answers may contain attorney advertising materials.

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  • What is consider to be infective attorney assistance in criminal case. can you give me an example

    what is consider to be infective attorney assistance in criminal case. can you give me an example

    Jay’s Answer

    I have never heard of infections relating to representation; am guessing that you meant ineffective assistance. Perhaps you should start over with a clarification?

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  • Is he allowed to do that?

    I was charged with an owi and taken to the hospital for blood drawing. Once there i refused the test because the officer would not inform me of what I was consenting to with a blood draw. He then obtained a warrant, which he refused to show before...

    Jay’s Answer

    Yes, he is allowed to that, and anything else, until and unless your lawyer positions the case properly before a judge who rules to the contrary. Electronic warrants are difficult to show to someone while in the emergency room, but easily proven later in court if necessary, and that will only be necessary if you lawyer files the proper motions in a timely fashion. More important questions tend to include the circumstances of your being stopped and existence of reasonable suspicion for further investigation, such as testing your blood, since officers are not obligated to answer your questions or give you advice other than reading from the "informing the accused" script. As noted, without a timely challenge, your alleged refusal is likely to stand, solely based upon what the officers said in the paperwork, regardless of what really happened. It will lead to harsh penalties, including additional license loss, waiting periods before you can get an occupational, and mandatory ignition interlock installation. Quit posting online and start calling lawyers if you value your rights, since all the internet posts in the world will not help you.

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  • I am going to be served papers on Monday for an outstanding medical bill.

    I make too much money to file Chapter 7, forcing me to do a Chapter 13. My question is, can I go out this week and tie up some of my money by buying a new vehicle, thus; adding to what my monthly expenses and the repayment plan won't be as much as...

    Jay’s Answer

    Chapter 13 is not a "do it yourself" project, challenging even for experienced bankruptcy attorneys, and what you describe (also known as prepetition planning) is a critical part of it. While tolerated to an extent, it must done correctly, or it can go horribly wrong. For example, there are limits on how much equity you can have in vehicles, homes, and even instances where 401K's etc., can become too big and lose their exempt status, leading to seizure by the trustee to pay your creditors. These limits differ under the laws of every state, and there is a completely separate set of exemptions available under federal law. Deciding which set to use is a fateful decision, which can in turn determine what you keep versus what you lose. And that is only one of host of things which can go wrong, including seizure of assets due to fraudulent conveyances and preferences. Get a lawyer before you do anything, and provide truthful information as soon as possible.

    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 , or see over fifteen years of past answers 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/attorney_control_panel/answered. Answers may contain attorney advertising materials.

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  • What are my chances of asking the judge for traffic school instead of fine?

    I received a citation for failure to stop for a school bus. It was not from a law enforcement official but rather a citizen who called in my license plate. I was on the other side of the street of school bus and was unsure of the law as other ca...

    Jay’s Answer

    Unlike IL, WI does not offer judicial probation with traffic school options, at least not in most municipal courts and never, that I have seen, in circuit courts. There are traffic school options to get points reinstated if you are facing that type of problem, but that can only be done once every five years, and may not apply in your case. School buss passing cases authorize commencement of prosecutions by citizens who are not police officers, but that is usually done by the bus driver, so commencement of a case by a 3rd party could present a potential issue, assuming that your lawyer properly files, schedules and serves a timely formal motion. More realistically, however, an experienced traffic lawyer can probably negotiate a resolution which will not have much of an impact upon your record without so much effort, so long as you get the lawyer started on the case soon enough.

    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 , or see over fifteen years of past answers 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/attorney_control_panel/answered. Answers may contain attorney advertising materials.

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