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Jay K. Nixon

Jay Nixon’s Answers

4,062 total


  • What is the typical sentence range handed out for: Possession of cocaine Possession of narcotics

    Jay’s Answer

    If you are attempting to represent yourself on a 6th offense narcotics charge, you are making a huge mistake. Even simple possession 2nd offense becomes a felony, so assuming that most of those 6 prior convictions would be felonies, that number of drug felonies alone forces the sentencing judge to consider longer term incarceration for you, including a State Prison System sentence. Those must be over a year in length. That is all due to the obvious failure of the last six convictions to set you on the right course. Your criminal complaint will tell you the maximums and minimums, and I would recommend assuming the worst as you approach this court date and prepare accordingly.

  • Can I buy a handgun with a battery charge

    Jay’s Answer

    Yes, if the conviction was for a crime of domestic violence, even misdemeanor battery or disorderly conduct conviction would disqualify you from being able to possess firearms for life, in WI. For simple battery (not involving a domestic partner or roommate) however, most misdemeanor convictions should not disqualify you. Felony convictions or having domestic restraining order entered against you are also disqualifiers, so retain an experienced WI to investigate which category your conviction(s) fall under.

  • This guy who owed me over 100k filed for chapter 7 bankruptcy but in petition he did not declare any of his commercial property?

    Jay’s Answer

    Suing anyone while they are in bankruptcy could actually land you in jail due to the special rules which go into effect whenever anyone files, known as the “automatic stay” of most litigation. Outside lawsuits are frozen and new ones banned in favor of the Chapter 7 trustee's efforts to liquidate the debtor’s non-exempt property for the benefit of unsecured creditors such as yourself. Collection efforts by the trustee, as well as certain lawsuits within the bankruptcy, are still allowed but are undertakings that are rarely successful and quite expensive, so your creditor bankruptcy attorney will analyze whether any are worthwhile. Real estate and other major assets often turn out to be red herrings, since the banks who lent the money for the debtor to purchase them might have a lien against them. Such properties are often not worth the trouble and expense of a sale by the trustee due to the fact that most of the proceeds might go to such lender bank(s), rather than to general creditors such as yourself.

  • If the police requested a search warrant for my home and it was denied, can I get a copy of the request?

    Jay’s Answer

    Yes, you could eventually get it, but might need to fight for the copies, especially if the police are attempting to protect a confidential informant. Either way, I would recommend that you discuss these options in depth with a lawyer whom you have retained, rather than a free lawyer on a website. Sometimes, calling added attention to oneself may not be the smartest move.

  • Can i get my license reinstated in wisconsin without the iid if I only have a motorcycle and moped?

    Jay’s Answer

    ANSWER BY ATTORNEY JAY NIXON WITH 45 YEARS’ EXPERIENCE AND OFFICES IN BOTH JANESVILLE & KENOSHA: If your parents own the vehicles, then they alone are in charge of whether or not you have permission to drive them. No court order can change that fact, leaving them free to report the vehicle as stolen if you take it without first complying with their conditions. They likewise have the right to forbid IID installation in any vehicle they own, so in the end, you might need to either purchase your own vehicle if you need to install one, or turn to UBER or other transportation companies. Courts do not regulate whether or not your parents give you permission, so don't bother asking. However, lawyers are quite talented in negotiating solutions to problems like this, so you might want to ask yours whether or not is worth hiring him or her to give it try.

  • Does defendant have to show up for pretrail confernece in Wisconsin if they do NOT have a attorney??

    Jay’s Answer

    Whether or not “in person” physical appearances are required is usually up to the assigned judge. The state of Wisconsin, as well as some counties, however, may have different rules so you need to research this question before deciding whether or not you must be there. But, the default rule is generally for personal appearances, particularly in criminal cases.

  • Will I be drug tested in court?

    Jay’s Answer

    Every County has different policies regarding drug testing, but your local attorney up there will know what to expect. Your release on bond certainly gives them the right to test you if they wish. The drug crimes are also raise greater concern about ongoing drug use than other case types. Your past record could also be important. If you expect to fail, you should tell your attorney that immediately and well in advance of the next hearing date, which might result in a recommendation for related medical care.

  • What is a soft plea and disposition sentencing?

    Jay’s Answer

    If the court uses the word "disposition,” describing the sentencing hearing, that would usually be a juvenile case, but the principals are the same as in adult court. That is, cases which are resolved with deferred prosecution or hold open agreement. There are more varieties of these than of ice cream at Baskin Robbins, but they all usually involve a conviction which may not show up on your record at some future date. Conditions for the reward often include staying out of new trouble for an agreed period of time, despite your having plead guilty or no contest to it. Other conditions often feature an AODA (alcohol or other drug assessment) with follow up and completion of treatment, payment of restitution, apologies, no contact orders, no future arrests, and an unlimited number of other options. You truly need an experienced criminal/juvenile delinquency attorney to guide you through all of these options and get you the best possible outcome.

  • Do I need to pay a ticket ? If so where ?

    Jay’s Answer

    The good news is that any WI lawyer could easily check the court's database for your case, but the State Patrol would also mail your copy of the citation to the address on your drivers license. The bad news is that law enforcement has a pretty long time-frame before time limitations for issuing traffic citations expires, so you would not necessarily be out of the woods for quite a while. If your confidence is low about your family's notifying you of such mail, another option is changing your address to your work address or to a P.O. box where someone else can check it for you. These days, the post office might even have secure electronic access to Post Office boxes, for an added fee. If they don't have one, they should definitely start electronic delivery if they want to remain relevant to today's world.

  • Can I fight an upcoming suspended registration even if it hasn't been a year?

    Jay’s Answer

    The WI Safety Responsibility laws require all vehicles driven on roads here to be insured, so you are technically driving illegally without it, and yours is the normal sequence of events for anyone (the driver, the owner or both), who cannot furnish proof of insurance when requested by an officer. You absolutely will lose your license if you do nothing, but you also have the other 3 options mentioned in the DMV letter you received, by which you can prevent license loss. One is to post a large cash deposit with the DMV in the amount of smallest WI allowed auto insurance coverage, which is probably in the $100k range, and which is known as "self-insurance." The other two options probably include proving that the vehicle is disabled, totaled in an accident, or otherwise not being driven. Talk to a lawyer immediately to discuss your options now for dealing with this problem, ranging all the way from payment in full for the accident, to filing bankruptcy, with several other options in between. Either way, you need an experienced criminal/traffic lawyer to guide you through all of this.