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Questions Answered by Aaron W Schenk

1 Answer | Asked in Criminal Law for Wisconsin on

Q: I was arrested for owi and possesion of marijuana and controlled substance why aren't charges filed yet

I am wondering if the search was legal because i was not arrested yet and she went in my pockets without a reason or if I'm like still under investigation are t they gonna raid my house i don't want my children here for that i don't understand i thought charges got filed right away and I'm wi i... Read more »

Aaron W Schenk answered on Mar 3, 2019

Often, criminal complaints (aka “charges”) are not actually filed until your first scheduled court date.

If it is your first OWI, it is also very possible that all of these offenses might be handled as civil ordinance violations and not criminal charges.

It is pretty complex...
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1 Answer | Asked in DUI / DWI for Wisconsin on

Q: If a university serves alcohol at an event and a student who's under 21 sneaks in, drinks, and subsequently gets into a

car accident, can the university be held responsible?

Aaron W Schenk answered on Aug 6, 2018

Not necessarily in a criminal sense. Normally, there might be the chance of civil liability. But, most universities have sovereign immunity based on their relationship to the state.

1 Answer | Asked in DUI / DWI for Wisconsin on

Q: For a second DUI can you get an IID instead of a suspended license?

Aaron W Schenk answered on Apr 12, 2018

Unfortunately, if you get convicted, you are looking at a drivers’ license revocation And an IID. I highly recommend that you seek counsel to help you with this matter.

2 Answers | Asked in Criminal Law for Wisconsin on

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

Aaron W Schenk answered on Feb 12, 2018

Although returning the items would be admirable, it does not erase the crime itself.

Your son is just beginning his adult life and it would be sad to see this affect him in a permanent manner. I strongly suggest obtaining counsel.

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1 Answer | Asked in Criminal Law for Wisconsin on

Q: My husband was summoned to court in WI for prostitution solicitation. What details will be revealed at court?

Will they show conversation texts and pictures/posts that were sent and received to his phone?

Aaron W Schenk answered on Feb 9, 2018

It will all depend on whether there are motion hearings or a trial in your husband's case. These are "evidentiary" hearings where such things may be put on the record. I strongly suggest that your husband obtain counsel as soon as possible. We would be happy to discuss the matter with him.

1 Answer | Asked in DUI / DWI for Wisconsin on

Q: Can the host of a party be arrested if a guest later drives drunk?

Aaron W Schenk answered on Feb 9, 2018

It all depends on whether a crime was committed. Feel free to contact us if you have any more questions.

2 Answers | Asked in Criminal Law and Federal Crimes for Wisconsin on

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

Correction: class I felony ,$750

Aaron W Schenk answered on Feb 6, 2018

Maybe, maybe not, possibly probation for a clean record and NO PRIORS. Contact us we'll discuss your case absolutely Free

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Juvenile Law for Wisconsin on

Q: My 17 year old was arrested for disorderly conduct in Wisconsin. What rights do I have as a parent in this situation?

He was arrested for disorderly conduct during his high school basketball game after removing his jersey and throwing it at his coach and then yelling and swearing and punching a locker on his way to the locker room. I understand that at 17 the state of Wisconsin considers him an adult for the... Read more »

Aaron W Schenk answered on Feb 9, 2018

I would say that YOU have no rights, per se. But, your son should exercise all the rights that HE has in fighting this prosecution.

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