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Questions Answered by Stephen Pleck Johnson
1 Answer | Asked in Criminal Law and Family Law for Wisconsin on
Q: My Ex's 17year old son is beating up his 9year old (my son) brother on a regular basis. Could this count as child abuse?

I have made him a counseling apt and was wondering does the counselor have to report this to CPS. I am fine with that happening but my ex is mad.

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Sep 9, 2017

Yes, the 17 year old is an adult for criminal court and the charge could be disorderly conduct, battery, and felony child abuse.

Your suspicions are correct and it should be reported. If not, who is to protect the 9 year old?

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Q: Privacy law questions

My mom's disabled and lives in government subsidies apartment building and I'm her personal caretaker through the state and is constantly they're taking care of her. Anyways, other tenants reported I'm living they're and she recieved a five day notices. These people... View More

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Sep 9, 2017

This does not appear to be a criminal or civil rights question. Does management know of your presence for care? Make sure your state status and length of visit complies with their rules. Then when a complaint is made by a neighbor they will be told they are wrong and your presence is allowed.... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Wisconsin on
Q: Just got charged with a 4th owi blew a .055 with a .02 restriction is there a way out. Also is my license valid ?
Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Sep 7, 2017

License will probably be revoked by the DMV in 30 days from test notice of over .02 by police if you don't ask for an administrative hearing within 10 or 13 days depending. Was the stop/arrest valid? Was the test accurate? a skilled attorney on these questions can help.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can the underlying/original case in a Bail Jumping matter be Bail Jumping?

My husband is currently jailed for bail jumping for violating bond conditions in a bail jumping file. He was charged with bail jumping when he violated bond conditions for a matter that has been dismissed but the bail jumping remains open pending a Motion to dismiss due to erroneous exercise by the... View More

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Sep 3, 2017

On the limited information here the answer is yes. And it will be a felony or misdemeanor depending on what the original bail jumping charge is (and based therefore on the original crime charged and dismissed.). Conviction depends on satisfying each of the required elements to beyond a reasonable... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Municipal Law for Wisconsin on
Q: I have 2 driving without insurance tickets is there anyway I can get them off my record?

One in 2015 and the other in 2016. I would like them off my record due to the fact they are the only thing stopping me from ubering

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Aug 27, 2017

The following cases remain on CCAP for 5 Years. Traffic Forfeiture Cases (TR)

Non-Traffic Ordinance Violation Cases (FO). Motor vehicle records are a little different and the answere is more complex.. Depends on where Uber is looking. Ask Uber what you can do to assure them that you are...
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1 Answer | Asked in Criminal Law and Employment Law for Wisconsin on
Q: Can a civil suit for intentional tort with an employer turn criminal based on the dollar amount (fraud)?

civil suit is between employer and employee...employee stole money and the employer was granted full judgement of over $94K

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Aug 17, 2017

I can only answer for Wisconsin. Theft is a crime and the amount affects whether it is a misdemeanor or a felony. The answer is yes as the state District Attorney is not a party to the civil suit and can file a Criminal Complaint. The Civil Judgment does not by itself block a criminal... View More

1 Answer | Asked in Criminal Law and Family Law for Wisconsin on
Q: Why would a prosecutor offer a psi for a plea
Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Jul 18, 2017

A presentence investigation could reveal facts about the defendant that normally would not get before the judge prior to sentencing. It often will increase fairness in the system, but not always. The defendant may have his/her own psi done by the defenses choice. It really gives the judge more... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What is the legal definition of "possession of a firearm" in Wisconsin?

My wife was recently banned from possessing a firearm under a Chapter 51 mental health commitment. I have a concealed carry permit and a handgun that I regularly carry. I know if it is on my person, I'm considered in possession and she is not, but what about in our home? If the gun is locked... View More

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Jun 20, 2017

941.29  Possession of a firearm.

(1) A person is subject to the requirements and penalties of this section if he or she has been:

(a) Convicted of a felony in this state.

(b) Convicted of a crime elsewhere that would be a felony if committed in this state.

(bm)...
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