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Jeffrey Alan Lustick
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Jeffrey Lustick’s Answers

332 total


  • Failure to provide Notice of Appearance

    We had court in December, going over the court doccuments I noticed that the opposing party's attorney did not file a notice of appearance, yet represented the opposing party in court. Would this be grounds to file for a motion to vacate the order?

    Jeffrey’s Answer

    No, probably not. Often times lawyers will come to court and make a special appearance in a given hearing, and then not be hired by the client to continue on as counsel. It's a loose practice, sort of like ale cart legal services, but the courts usually permit it to happen if the opposing side does not object. So I don't think that there would be a basis to take any action due to the lack of a notice of appearance.

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  • Is it possible to defer a non-traffic violation?

    i got a ticket for flicking a cigarette butt out the window of my car. stupid move. the fine is over $1000. i was curious to know can you defer a non-traffic violation?

    Jeffrey’s Answer

    Yes, under state law, you can defer one moving violation and then one non-moving violation every 7 years. Basically, you get two deferreds every 7 years - one of each kind. The court has discretion on whether or not to defer any infraction.

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  • What could a DUI lawyer actually do for me?

    I received my 2nd DUI charge about a week ago in Grant County, WI (1st was in Dubuque, IA). I was driving home from a friends house and I veered off the road and totaled my car. I can not remember driving home or wrecking the car. I only remember ...

    Jeffrey’s Answer

    There's never any such thing as a cut and dried case, especially when it comes to DUI. And on these facts and with your prior, the prosecutor won't be in any moods to spare you even the slightest break. A DUI-focused and skilled lawyer may be able to break down the evidence and generate a reduction in your criminal charge. At a minimum, any lawyer will work to ensure that you get a fare shake in this case and not be eaten alive by a zealous prosecution.

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  • I'm on federal probation and my p.o. searched a house that i wasnt released to .can he do that

    I'm on federal probation and my P.O. searched my parents house and found guns when i was released to my brothers next door. can he do that

    Jeffrey’s Answer

    As a probationer, you have no right to resist any searches by your probation officer as long as the P/O has a reasonable suspicion that criminal activity is afoot. Basically, you can be searched any where, anytime, any place without any notice if the P/O believes you are in violation of any law. And because this is a probation search, there is no need for a warrant.

    But in your situation, if the P/O searched a place where you do not live and where you are not even go, then the search may exceed the limits of the law. You need to get an attorney well versed in probation law and have them look at this ASAP.

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  • My attorney withdrew because I owe him money. An order for restitution was filed after he quit, but no one told me.

    I have filed an appeal, but am not represented by anyone at this time. I thought attorneys were supposed to represent you until the end of the case, or until such time as you have new counsel. Is this grounds for a complaint of negligence?

    Jeffrey’s Answer

    It depends on what your contract for legal fees with your former lawyer says. Most of the time, standard contract language calls for the attorney being able to withdraw if you default on making payments or get to a certain time and have made no payments. As long as your lawyer complied with your fee contract and met the requirements of the court to be able to withdraw, there is probably no ethics issue and no negligence on the part of the lawyer.

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  • If my probation has expired does the court has jurisdiction over me?

    Ive been going to court for several ears on a dui i recieved in 2003. due to the treatment facility ive been involved with it has drug out over the last several ears i am clean and drug free and have been for several years. My probation on this ca...

    Jeffrey’s Answer

    Usually probation will end on the date scheduled. But sometimes there are some exceptions.

    Once exception is where you do not appear for a probation meeting or a court hearing and a bench warrant gets issued. The time from the warrant issue date and the time when you return to the court's control can be - and it often is - tacked on to the end of your probation term.

    Another exception is probably the one you are facing. Lets say you originally got 2 years probation and were ordered to do treatment, but completion of the treatment is taking you longer then the 2 years to get it done. The court will say, since you failed to get your treatment done in a timely manner, you can either be revoked and get more jail time or you can agree to extend your probation in order to have the court make sure you complete everything. The legal theory behind this is that you have consented to the extended jurisdiction of the court in exchange for not being violated.

    My advice is see what the penalty will be for the violation and then weigh out the merits of staying on probation. For example, recently one of my clients was on a 5 year probation and not meshing well with the system at all. After the first year and lots of acrimony, they offered him a sanction of 14 days on home monitoring if he agreed to the revocation. The remaining fees alone for the 48 months of remaining probation were $4,800.00! He took the 14 days, smiled all the way to the bank, and was very happy with the outcome!!

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  • Im due in court tomorrow and i have a feeling my lawyer isnt going to show up the pros attorney wants to revoke my defer pros.

    What kind of defense to my lawyer not showing up could I have. What can I do if he does not show.

    Jeffrey’s Answer

    If your lawyer is still actively representing you and he does not show up, you can ask the court for a continuance on the basis that you are not receiving the benefits of your counsel. You are entitled to be represented by legal counsel in all "critical phases" of your case. The state's motion to revoke your deferred is such a time when counsel should be there assisting you.

    Now this begs the question, why won't he be there? Be prepared to answer this question from the judge. If it's such that you did not pay your lawyer to be there or if you have no real intentions of using his services to defend your DP revocation, then the court could say that you have waived your right to counsel.

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  • 5 yr interlock?

    I recently pled guilty and was sentenced to my 1st DUI in over 7 yrs. I had 2 priors, but back in 2001. I now have received notice that after my suspension, I will need a breathalyzer on my vehicle for 5 yrs? Does that sound accurate for what is...

    Jeffrey’s Answer

    The DOL looks back over your lifetime to see how many times you were ordered to have an ignition interlock device and counts each one of those cases as a prior for interlock order purposes. There is no limit to the look back period.

    So if on one of the prior occasions where you got a DUI conviction and you were ordered to get an interlock by the court or the DOL, then it would be correct that the second offense requires 5 years on the interlock device. By the way, under current law, the third requires an interlock for ten years.

    The DOL has a way for you to have the interlock order reviewed. This is an administrative review where you write a letter explaining why the DOL is incorrect. It might be worth the price of a stamp and thirty minutes of your time to challenge it. I have had pretty good results sometimes in getting the DOL to back down because they cannot prove my client had an interlock on a prior occasion.

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  • How to write a pardon to a Governor when doing in it yourself?

    I was a U.S. Permanent Resident for over 10 years; I got in trouble with the Fed Law Enforcement in Alaska in 1997 and plead guilty to distribution of a controlled substance, (Cocaine). My sentence was 5 years; I served my time and got deported. I...

    Jeffrey’s Answer

    Did you plead to a charge in Federal Court? If that's what happened, then it's not the Governor of your state that you need to petition, it's the President of the United States. A state Governor has authority only under state law, not federal law.

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  • I was giving a ticket for DWLS 3rd Degree. How can I have it lowered if not dismissed?

    The officer who pulled me over told me about it. She read me my rights but did not arrest me. I paid the ticket the next day.

    Jeffrey’s Answer

    If this is your first ever charge of DWLS 3 and you get your driver's license reinstated right away, most prosecutors will agree to reduce your charge to an infraction. A traffic infraction is a non-criminal offense which goes on your driving record for three years, but does not have the possibility of you serving any jail or going on probation with the court. Have you new license in hand and attend your arraignment. Chances will be pretty good that the charge will be either knocked down or totally dismissed.

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