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Nick Passe
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Nick Passe’s Answers

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  • Can someone explain the anti-discrimination law for people who have misdemeanors and keep getting denied employment.

    I have had two different job offers in the past month. The first company was going to hire me through a temp agency for one week then bring me on as a full time employee. I was even given a start date. After they ran my background check the tol...

    Nick’s Answer

    As a practical matter it is usually very difficult to prove an employer improperly denied you a position on the basis of your criminal record. As the previous answer indicated, an employer needs to be able to connect the dots between a conviction and the job they are denying you in order to discriminate.

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  • My boyfriend died. I would like to donate his car. I'm not on the lease. What are my options? Thank you

    I love in wisconsin, I don't believe we have common law. We were not registered as domestic partners. He has a daughter who I've lost contact with. And no will. I want to get his vehicle of of my property now.

    Nick’s Answer

    If he had a lease, call the lessee and have them take the vehicle back. He has no ownership interest in the vehicle anyway and owes rent for any time he has the vehicle. The lessee will probably be more willing to walk away from any money they are owed for past-due rent payments if it is returned sooner than later so that they can process the return, sell it, and move on.

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  • Can I contest my son being arrested and detained without my knowledge?

    My son is 10 years old and was caught shoplifting at Shopko, it was under $5. They called the police, they arrested him, drove him to the police station, finger printed and booked him before they called me. When the report was listed in the newspa...

    Nick’s Answer

    Shopko and the authorities both acted well within their authority according to what you describe. Focus on getting your son whatever help he needs to make better decisions and get your son an attorney to help you through the process.

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  • Is my employer responsible for damage to my car from potholes in the parking lot they knew about for months?

    On a Monday morning, the 2nd week at my dream job, I pulled into the parking lot and slammed into these huge potholes causing 3000.00 worth of damage to the suspension on my car. I asked around and corporate had been there specifically to look at ...

    Nick’s Answer

    They probably should cover it if the potholes were really hidden in some way but most potholes are somewhat obvious and bigger ones tend to be more obvious. Their defense would be you should have been paying attention. You'll need to decide - is squabbling about $3,000 worth the risk of limiting your ability to thrive at the business?

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  • Can an electronic wire transfer of funds constitute as Larceny by Bailee if bail was not posted with the money?

    Defendant's relative wired money to another (not a bondsman) in order to post bail. The defendant's bail was remitted because he received more criminal charges while in custody. The receiver of the wire transfer couldn't bail out defendant despite...

    Nick’s Answer

    The person was already tried and convicted, so apparently yes, he can be charged and convicted in WY for whatever happened.

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  • Can you do most of the divorce w/o lawyers and the child custody parts with a lawyer?

    My husband and I can agree on everything except child support and time. He would like them 50/50 but I know they need more of a routine than that. He has never taken care of them alone.

    Nick’s Answer

    The answer is yes, you could stipulate to property/debt division and ask the court to adopt your proposal on that area and then fight in court about placement and child support. That said, you would be wise to hire an attorney to review the whole situation and what you propose to do before locking yourself in.

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  • Is it a violation when police give your name when you called in a traffic violation?

    I reported a moving violation at a stop sign to the state police they gave my name to the county sheriff who gave my name to the violator. Is that legal?

    Nick’s Answer

    A prosecutor would need to be able to call you as a witness to what you reported witnessing. The defendant has rights to discovery and to confront those who testify against him and to due process. There is nothing wrong with what law enforcement did and even if the officer had decided to not give the offender your name then, the offender would have been able to find it out soon after.

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  • Evidentry hearing

    At an evidentry hearing for an appeal, if the judge gives one or both parties additional time for briefing, does he typically make his decision that day?

    Nick’s Answer

    If a judge offers attorneys more time for briefing, that implies that he wants them to expand on their arguments and will consider what the attorneys have to say before making his/her ruling. The judge might have a good sense of what the ruling will be but if the judge wanted to rule without additional briefing, the judge almost certainly could without allowing additional time for briefing.

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  • Do i need to file a motion ? What is the differance between motion and trial ?

    I am on h-4, husband filed a divorce. I gave response asking marriage counseling, he refused. I submitted my FDS and a letter describing i still not get my belongings back yet, and not agreed with proposed MSA.requesting more time to get belonging...

    Nick’s Answer

    A motion is one party asking the court for something; a trial is a court hearing where the ultimate issues in the case are decided. You will need to decide if this case is worth fighting about. If so, you probably want an attorney to help you through the process. Experienced local family law attorneys will know most of the law, the procedures, and have a good sense which arguments the family court commissioner or judge might find persuasive. If the case is not worth fighting about, negotiate for what you can and move on, but be prepared to live with the consequences.

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  • How long can po hold last if charges dropped

    My boyfriend and I had arguememt whereas I acted poorly and ended up calling the police on him. His po put a hold on him although I recanted the statement I had initially given in anger, I also spoke with and emailed his po that this was blown ...

    Nick’s Answer

    She could still pursue revocation even if criminal charges were never pursued against the boyfriend. The standard of proof is lower and the evidentiary rules are looser. A recanting (alleged) victim is not as much of an obstacle to a probation agent seeking to sanction or revoke a person as it would be to a prosecutor who needs to establish guilt beyond a reasonable doubt. He could be released today or be looking at revocation and sentencing on his earlier case. I'd suggest you take a hard look at your situation while he is away and decide whether continuing the relationship is a good idea before he is back and you're in a bad enough position that calling the cops is or seems to be a good idea.

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