Questions Answered by Stephen Pleck Johnson

Q: There's a guy messaging me saying vulgure things about my fiance ...i asked him to stop and he wouldn't what should I do

1 Answer | Asked in Criminal Law, Communications Law and Sexual Harassment for Wisconsin on
Answered on Mar 10, 2018
Stephen Pleck Johnson's answer
There are many avenues for you to try, most not really requiring a lawyer. You do not want to intensify the situation. You could try getting a harrassment injunction in Wisconsin--see your Clerk of Courts. You could call the police or sheriffs dept. There is a fine for telephone harassment. i don't know about emailing. Better course would be change your phone number or account and of course never answering the comments. I would seek some sort of counselor on the best course for you.

Q: Wanting a felony expunged in Wisconsin. Convicted last year at age 32 crime occurred 8 years previously.

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Mar 3, 2018
Stephen Pleck Johnson's answer
Have to 25 years old or less and judgment of conviction at sentencing references that possibility. Age, and, if not requested at initial sentencing you may be ineligible. Bring more specifics to a Wisconsin attorney. It could work.

Q: If the jail marked "released" in my file, am I still looking at jail time?

1 Answer | Asked in Criminal Law and DUI / DWI for Wisconsin on
Answered on Feb 27, 2018
Stephen Pleck Johnson's answer
You have to do the jail time or use up credit if you were in jail before bailed out. Contact the jailer immediately. Do not assume you have done the time. You can face additional charges if you make a mistake or assumption here. See a lawyer if need be, NOW.

Q: I was told to get my anger management class done and to come back with my ged I was woundering if I actually half to

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Feb 25, 2018
Stephen Pleck Johnson's answer
Not enough information. if you are on probation and those are conditions, you can't get off probation until that is done. There might have been an imposed and stayed jail sentence which could send you to jail for non compliance. See you original attorney or consult one. Bring your conviction status report or judgement of conviction with you. Good Luck.

Q: Can Green Bay, WI charge a person for a crime that happened in another state even after that state dropped charges?

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Feb 13, 2018
Stephen Pleck Johnson's answer
Sometimes a crime will have a nexus in two different states, so the answer is yes. The dropping of the charge in one state is not determinative here. Perhaps the state of Wisconsin was the preferred juirisdiction. Sounds like a federal offense is also possible. Not enough information to speculate more.

Q: Son recently turned 18, charged retail theft over $2000. Can they return stolen items to drop charges?

2 Answers | Asked in Criminal Law for Wisconsin on
Answered on Feb 11, 2018
Stephen Pleck Johnson's answer
Probably not. Might have to plea, but due to his age his attorney should ask at sentencing for the ability to ask for expungement later which might be better than dropping charges, because it then can be wiped off CCAP. Must plead to all charges however and none dropped for it to work.

Q: Can a probation officer force you to quit a job

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Feb 7, 2018
Stephen Pleck Johnson's answer
You don't reveal your crime of conviction. The bar may have everything to do with the request to quit. Don't kid yourself. They can revoke you or request alternatives to revocation. Do you work regular hours. How long have you had the job. Not enough information.

Q: A friend of mine did retail theft in the of $1,200 he has a clean record will he get jail time? He’s 19

2 Answers | Asked in Criminal Law and Federal Crimes for Wisconsin on
Answered on Feb 4, 2018
Stephen Pleck Johnson's answer
Yes, but probably not. He should at the minimum, at sentencing, ask for the chance for future expungement.

Q: i was attacked by son at my newly purchased home, he calls cops , i get charged with domestic abuse. Last seen him 2 yrs

1 Answer | Asked in Criminal Law and Domestic Violence for Wisconsin on
Answered on Feb 4, 2018
Stephen Pleck Johnson's answer
I do not see a question. Miranda rights are read so any statement you make can be included in the case. Perhaps your first two answers can be excluded. Is the charge disorderly conduct? I think you should see an attorney and get discovery.

Q: I replied 2 an ad on Craigslist for a younger guy seeking older, set up a meet (didn't), father says I owe him money.

1 Answer | Asked in Criminal Law and Federal Crimes for Wisconsin on
Answered on Jan 24, 2018
Stephen Pleck Johnson's answer
I wouldn't pay because blackmail never stops. Was the person under 18? Did you know it. You are very fuzzy on that part. Normally you could go to the police about the extortion, but the dad, to protect himself, will probably lie about you. Deleting the emails indicates you knew it was wrong. Go to a Lawyer now, well versed in criminal law.

Q: My OWI charge hasn’t been filed and my court date is tomorrow. It’s been 5 weeks what could be going on?

1 Answer | Asked in Criminal Law and DUI / DWI for Wisconsin on
Answered on Jan 24, 2018
Stephen Pleck Johnson's answer
You should get a 30 day notice (you could answer in 10/13 days from date of notice) re the DMV. The BAC ticket will be filed or amended to the OWI criminal complaint. Results will be on the probable cause part of the criminal complaint

Q: I am out in signature bond from Manitowoc Co. Wi And have a bench warrant for missing court in marinett Co Wi

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Jan 24, 2018
Stephen Pleck Johnson's answer
Good Chance. Depends on how wide a reach the warrant is. Is it statewide or just neighboring counties. I would contact the Marinette court clerk of court to see if you could get a bond hearing date to show up at.

Q: Can I turn someone in who has a warrant for their arrest?

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Jan 15, 2018
Stephen Pleck Johnson's answer
Racine County Sheriff's Department. I am sure.

Q: My neighbor threatened that if " you dont take care of your i cat i will, and you know what that means."

1 Answer | Asked in Criminal Law, Personal Injury and Animal / Dog Law for Wisconsin on
Answered on Dec 22, 2017
Stephen Pleck Johnson's answer
Check with the humane society. Proof of criminal damage to property or abusing animals needs some foundation. The threat is probably, at most disorderly conduct. Proof he did something criminal is next. An at large animal may be in violation of township ordinances. Check with the Clerk. My best to you. A bigger problem may be your antagonistic neighbor next to you. Try to get some counseling on how to handle this issue, also.

Q: If a court order no contact for a 16 year old and an 18 year old when the 16 year old turns 18 can it be dropped?

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Dec 6, 2017
Stephen Pleck Johnson's answer
Yes if the court order actually expires on its face or the parties stipulated and get the Judge's approval.. This could be a juvenile matter, a probation matter, a criminal bail bond matter, an injunction or other. Depends on how it was issued.

Q: Is it ok for a spouse of a person who is prohibited from owing fire arms to own one.

1 Answer | Asked in Criminal Law and Domestic Violence for Wisconsin on
Answered on Nov 25, 2017
Stephen Pleck Johnson's answer
Husband may not possess a firearm (gunpowder driven). Spouse can have one (but not a good idea.). He can not use it, handle it or save it some place.. He also can not buy one whether or not they will sell him one. Enhanced criminal penalties can apply if he is found with one while committing another crime. It is a good idea if there are no firearms in any place occupied by him. Possess and use are pretty similar in this situation.

Q: Can I violate the restraining order I have on someone else if I invite them to be in my presence?

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Oct 22, 2017
Stephen Pleck Johnson's answer
Yes. Usually lists no contact direct or indirect. The someone else is helping you violate the order.

Q: Can Menoninee Michigan Extradite Me From Marinette Wisconsin If I Absconded From Misdeamenor Probation?

1 Answer | Asked in Criminal Law and Probate for Wisconsin on
Answered on Sep 13, 2017
Stephen Pleck Johnson's answer
Yes, but they usually don't due to cost as it is a misdemeanor. Try to work it out through an attorney and the DA in Michigan.

Q: Was attacked for no reason by teen with autism while babysitting. Parent lied about aggressive behavior prior employment

1 Answer | Asked in Personal Injury and Criminal Law for Wisconsin on
Answered on Sep 12, 2017
Stephen Pleck Johnson's answer
BasicTort (negligence Law) makes no exception for negligent or intentional acts by an incompetent (youth or otherwise).

Lawsuit for damages can be held against the youth and or parents (limitations do apply to some of this.) From what you state the it does not seem that the District Attorney or Municipal Attorney will act to file a complaint and also ask for restitution. A civil restraining order could be requested, (see the Clerk of Courts for forms), so that he must stay away. I...

Q: What is the likelihood my pending battery and disorderly conduct charge will be dropped?

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Sep 11, 2017
Stephen Pleck Johnson's answer
Are they State Charges? Disorderly less likely to be dropped.. Battery requires a touching. If Victim says no touching, who does say so? Have the criminal complaint reviewed by an attorney. It will be worth it.

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