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Nick Passe

Nick Passe’s Answers

861 total


  • Can I have a attorney appointed for me because of paying 25% child support

    I put down a retainer for lawyer. Since then I want to take case to trial and I have been hit with a 25% child support order. I need to come up with another retainer that I just do not have. I have tried family, friends, loans etc. Can I have a a...

    Nick’s Answer

    Courts will only appoint attorneys for certain kinds of cases ordinarily, but there are special circumstances where they will make exceptions to the rule. You might try calling the clerk of court and describing your situation a bit better so that you can get a sense of if you might have a chance of getting an attorney appointed given your kind of case and your finances and any other special circumstances which might matter.

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  • Can a school make special rules for a child without consent?

    My son has medical condition that makes him sometimes poop his pants. When this happens at school they let him go and clean up and put new clothes on. Today they decided to tell me that he cannot do this be cause his poop is contaminating the bat...

    Nick’s Answer

    You should consult and attorney familiar with education law about whether the school district has handled things right and to advocate on your behalf. It is important that your son be allowed to learn with his condition and the dispute causing as little of a distraction to him as possible. Certainly some accommodation should be able to be made to keep him at the school but with the school comfortable that there aren't realistic sanitation-related problems. Ultimately you need to work together to come up with a better system and you don't want an antagonistic relationship with the school district if it can be helped.

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  • Dismissing bail jumping if case u get bail jumping for is beat

    So I got 2 charges a year ago and have been back and forth with the courts since. ...3 months ago while on bail for battery and disorderly conduct I got picked up for possessing stolen property and taken in because of my bail I was on. So I bailed...

    Nick’s Answer

    I assume you're the same person who asked a similar question. Bail jumping is a separate crime and it is possible to prove one of the crimes and not the other. The DA's office would be very happy to convict you of the bail jumpings even if you beat the underlying charges. Often the DA's office will strongly suspect you did certain crimes but may not have the evidence to prove it, but they will take what they can get with other crimes. Remember Al Capone? He went down not because of the substance of his criminal empire but because he didn't pay taxes on it. Prosecutors, like criminals, are sometimes creative.

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  • I caught a case while on bail which I was going to beat guaranteed. if I still beat that case will the bail jumping be dismised

    I'm on bail for battery and disorderly conduct. After being on bond for 5 months I was arrested again and charged with 2 additional charges along with 2 bail jumpins for the cases I was still going to court for. So I bailed out and now my lawyer ...

    Nick’s Answer

    Bail jumping is a separate charge and can be proven even if you are acquitted in the underlying case. As a defense attorney sometimes we have potential clients come to us where we have a winnable underlying case but with a provable bail jumping charge or two there is no real choice but to plea bargain.

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  • Do I have a case for small claims court?

    I borrowed my boss 5000 dollars and I was suposse to get it back January 27th and still nothing. I have a piece of paper that says all that and her son signed as a witness but I don't know if it will hold in court because not stamped with an attor...

    Nick’s Answer

    The lack of a notarization shouldn't matter (though it wouldn't hurt if there were such a notarization.) You should be considering how anything you do may affect your employment.

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  • I am in need of a Criminal defense attorney. !

    My friend is in need of a Criminal defense attorney for a crime he did not commit. The charge is robbery with the use of force. Yesterday, he was arrested and was told he would have court today but it does not show that he was even booked. This a...

    Nick’s Answer

    Use avvo.com's "find a lawyer" function and/or martindale.com and superlawyers.com to explore possible criminal defense attorneys so that you have a sense of the quality of the attorney your friend might be hiring.

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  • Do I need to bring my parents into this? Do I need a lawyer? What do I do?

    About 3 weeks ago I got arrested for possession, paraphernalia and a ODI for Marijuana. Im currently 18 years old and dont know what to do. This is my first thing on my record and I dont know if Ill need a lawyer. Also I was planning on not tellin...

    Nick’s Answer

    Hire an attorney or apply for the public defender if you qualify. You need to take the long view with this - you are 18 and have your entire life in front of you. The short-term penalties you may face are nothing compared with the potential long-term consequences. Get an attorney to help you and give up dope until it is legal at least.

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  • Does Wisconsin have a five day mandatory late payment grace period for month-to-month tenants?

    Does Wisconsin have a five day mandatory late payment grace period for month-to-month tenants?

    Nick’s Answer

    No. Someone could theoretically be evicted or penalized for a late payment made only minutes after the date.

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  • What is the process to have an estranged 27 year old son remove his belongings from his parents home?

    Son gone since June,2014. Left in handcuffs (disorderly conduct). Son has not tried to contact parents, except one law enforcement supervised visit to retrieve small necessities . Son works 10 miles from parents. Parents are not aware of son's co...

    Nick’s Answer

    Find a way to give him actual notice (use a sibling or a friend of his you know, or ask his employer for his address. I agree with the other attorney's suggestion for giving two notices before disposing of the property.

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  • How many times can someone garnish your wages, for the same bill.

    was garnish for the 13 weeks and now they are starting over.

    Nick’s Answer

    Garnishment could theoretically continue forever, if the debt is never fully paid off.

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