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Questions Answered by Attorney Timothy Alan Provis
1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a resisting arrest charge be fought after the fine has been paid? Gave older brother's name during underage drinking
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

If the sentence was a fine only and the fine has been paid, then there is no longer any way to contest the charge. If probation was also part of the sentence and probation has not been completed yet, then it may still be possible to attack the conviction. You need to consult with a good,... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Will Wisconsin extradite a fugitive from Louisiana back to Wisconsin?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

This question cannot be answered here from what little you have written. This depends on many variables which cannot be assessed without knowledge of the facts of the case, etc., etc., etc.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can someone serve jail time for disorderly conduct and obstructing an officer in Wisconsin?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Of course. It depends on the facts of the case, the skill of the defense attorney, the prior record of the accused, how the prosecutor feels about the case and a dozen other variables.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If sentenced under the"Rico"law is there chance to still get a release vs. serving Life?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

This question cannot be answered here based on what you have written. Counsel needs to know all the facts of the case, among other things. This question should be asked of the attorney defending the accused in the case.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a class F felony for possession with intent be dropped to a possession charge following an arrest finding 6.5 lb pot
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

A district attorney can do anything he/she wants with criminal charges, but it seems very unlikely this charge would simply be dropped. If there was a plea bargain, it might be reduced, depending on the facts of the case the prior record of the accused, the skill of the defense attorney and a dozen... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What happens to people who commit perjury?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

If they are charged with the crime, see §946.31, Wis Stats., and convicted then the maximum sentence in Wisconsin is 6 years in prison and/or a $10,000 fine.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a person go to jail if they get a new charge and they are on probation and also out on a deferred judgment?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Yes. Both a probation revocation and a new criminal case can be prosecuted against the person at the same time.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If Im charged with something from last year WI and I have already moved to NY and can't afford to fly what are my option
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

You need to see a good criminal defense attorney in NY. If this is a felony charge you could be extradited to Wisconsin which involvs being forcibly removed from NY.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I need a legal aid lawyer for a criminal case in pierce county wisconsin. i live in Hastings, Mn.
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

You need to call the office of the Wisconsin State Public Defender for Pierce County. The number is 715-836-2006

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I am 19 and my boyfriend is 16. We are expecting a baby. What legal consequences could there be? If we were married?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

The applicable criminal law is:

"948.09? Sexual intercourse with a child age 16 or older. Whoever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor."

If you were married before the...
Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If a guy who is 19 gets a 17year old pregnant can her parents press charges? What If she refuses to identify him
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Yes. See:

"948.09? Sexual intercourse with a child age 16 or older. Whoever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor."

It doesn't matter whether the girl identifies or not. DNA...
Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: On sept 27th meg unit came to arrest me on a warrant that day they also found a pipe 1 bowl of weed and 23 percocets i

Recently got a summons in the mail for the pipe and bowl but not the percocets can they seperate those charges and charge me later for the percocets even though their from the same incident?

Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Yes. You need a criminal defense lawyer and you need one, NOW! You can find one here on Justia or in the Yellow Pages. If you can't pay, then you might qualify for the Public Defender so you should call that office in your county.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can I sue a convicted felon for intimidating a witness if he's already been sentenced?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

If you are the witness, then you could conceivably make out a civil cause of action for harassment. But since the felon likely has no money, there would be little point to your suit since he/she could not pay any damages.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If a 20 yr old gets a disorderly conduct, does that get removed once they turn 21?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

No. The age of adulthood in Wisconsin is 18.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can i go to jail for driving a car that dont belong to me and the police fines drugs?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Yes. If you are charged with a crime, Find a criminal defense lawyer. You can find one here at Justia or in the yellow Pages

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What is the maximum penalty for batter as a repeat offender
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

That depends on the battery the accused is charged with. See:

"939.62? Increased penalty for habitual criminality.

(1)?If the actor is a repeater, as that term is defined in sub. (2), and the present conviction is for any crime for which imprisonment may be imposed, except for an...
Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can i have my arrest(noll prosquei) removed from the NCIC Via the arresting agency.It has already been removed from DOJ&
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Probably not. The feds keep that data for 80 years. The only way to find out if you have a chance is to consult with a good criminal lawyer.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I have been charged crminal tresspass to Dwelling MIsd A so what you suggest for me?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

You had better find a criminal defense lawyer and fast! If you can't afford to hire counsel, it's possible you may qualify for the services of the Public Defender. You can find a lawyer in the yellow Pages or online. The Public Defender has an office in every county in Wisconsin so you can call... Read more »

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