Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Ask a Question
Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Wisconsin Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Criminal Law, Legal Malpractice, Child Custody and Family Law for Wisconsin on
Q: How can I address legal negligence and misconduct in my criminal and civil appeal in Wisconsin?

I am seeking urgent legal assistance in Wisconsin due to what I believe to be ineffective representation in my appeal process related to criminal and civil matters. My case involves falsified charges, document fraud, tampering with evidence, and concealment of my child’s whereabouts. I suspect... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2025

It sounds like you’re in a very difficult and overwhelming position, especially if you believe your legal rights have been violated and your case has not been handled fairly. In Wisconsin, if you suspect ineffective assistance of counsel in a criminal appeal, you have the right to file a motion... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Wisconsin on
Q: Appeal decision for lack of attorney in WI criminal case while maintaining speedy trial?

I am involved in a criminal case in Wisconsin where I am facing charges related to a sex offender registry violation. I have requested a court-appointed attorney, but the court has indicated that it might take a few months to assign one. I have no experience representing myself and want to ensure... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2025

You hold two independent rights in Wisconsin—a right to counsel and a right to a speedy trial—and you can assert both at the same time. If you choose to proceed pro se, you will not win an appeal simply because you lacked an attorney; an appellate court will ask whether you knowingly,... View More

1 Answer | Asked in Social Security, Appeals / Appellate Law, Civil Rights, Constitutional Law, Civil Litigation and Public Benefits for Wisconsin on
Q: Seeking guidance on civil rights violations and wrongful procedures impacting life over 13 years.

I have been involved in a complex legal situation involving disability SSI approval after six appeals, related to a ten-year-old court-ordered treatment and subsequent civil judgment. This has resulted in ongoing legal challenges, including a plea revocation and new charges, despite my claim that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 4, 2025

What you describe sounds like a long and painful legal struggle, especially when it has affected so many areas of your life. If you believe your civil and constitutional rights were violated during the original plea process, you may still have options to challenge those violations, depending on the... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for Wisconsin on
Q: False harassment order due to manipulated text messages; court call never received. Evidence will be emailed, but order expires 2026. Next steps?

I had a harassment restraining order issued against me due to charges that I believe were false. I couldn't attend the court hearing in person due to a disability, but was assured by the court that I would receive a call for my part of the story, which didn't happen. I then agreed to a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2025

You can take steps to address the situation even though the restraining order is still in effect. Since you were unable to participate in the original hearing and the court allowed you to submit evidence by email, sending your unaltered conversations and supporting communications is a reasonable... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Employment Law, Gov & Administrative Law, Military Law and Federal Crimes for Wisconsin on
Q: Husband's plea deal with good time and early release not honored by prison due to new law and visitation denied.

My husband accepted a plea deal that included provisions for good time and early release, but the prison is denying his plea deal and will not honor these terms, citing a new law passed after the agreement. Despite writing to the judge, he was told that the decision is up to the prison.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2025

The first step is to retain an attorney experienced in criminal appeals and post-conviction relief. They can help review the plea agreement, the impact of the new law, and the prison’s refusal to honor the original terms. The attorney can also help file a motion with the court to enforce the plea... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Appeals / Appellate Law for Wisconsin on
Q: Was my right to a speedy trial and assistance of counsel violated, and were the judge's actions legal?

I was charged with possession with intent and possession and requested a speedy trial at the end of December 2023. However, I wasn't appointed an attorney until August 13, 2024, nearly a year later, which I believe violated my right to assistance of counsel. The case was scheduled for a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2025

It sounds like you experienced a long delay before receiving an attorney, which directly affects your Sixth Amendment right to counsel. The delay between your request for a speedy trial and the actual assignment of representation could also be argued as a violation of your right to a speedy trial.... View More

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Wisconsin on
Q: Is probation consecutive to extended supervision legal in WI?

In Wisconsin, I have a situation where the circuit court imposed a five-year probation sentence to run consecutive to a bifurcated sentence of 2.5 years confinement and four years extended supervision. Is it legal to have the probation run consecutive to the extended supervision?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2025

In Wisconsin, probation and extended supervision are treated as separate forms of community-based supervision, and the court does have discretion in how they are ordered. Generally, probation can be imposed to run consecutive to a prison sentence, which includes both the confinement portion and the... View More

1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law, Contracts and Real Estate Law for Wisconsin on
Q: Notice to vacate for alleged lease violation and rent payment disputes in Wisconsin.

On July 3, 2025, I received a 14-day notice to vacate my unit, citing a violation of the lease agreement due to alleged smoking in the unit, which I dispute, as I did not smoke inside. They sent me documents with the notice and based their claim on a picture of an ashtray. Despite other tenants... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2025

It sounds like you were put in a difficult and frustrating position, especially since the evidence used against you appears minimal and your requests for reconsideration were denied. If you did not violate the lease and were forced to vacate without sufficient proof, you may have grounds to... View More

1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for Wisconsin on
Q: Implications of client posing as lawyer during appeal process.

I'm concerned that a lawyer allowed his client to use his credentials, enabling the client to pose as a lawyer. This has come to light during an appeal process. I'm seeking advice on the implications of this conduct on the appeal. What should I be aware of or consider in this situation?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2025

That’s a serious situation, and your concerns are valid. If a licensed attorney knowingly allowed a client to use their credentials to impersonate a lawyer, that could amount to both ethical misconduct and criminal behavior. Courts take unauthorized practice of law very seriously, especially when... View More

1 Answer | Asked in Probate, Civil Litigation and Appeals / Appellate Law for Wisconsin on
Q: How can I file emergency motions in Wisconsin probate court?

I am the only child and heir of my deceased father, who passed away in November 2024, in Wisconsin. I need to file emergency motions to intervene before an oral ruling in probate court, including an emergency TRO motion and a motion to substitute the judge. My objections are based on a conflict of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2025

You’re facing an extremely time-sensitive and emotionally charged situation, and it’s understandable that you feel unheard and sidelined. In Wisconsin probate court, you can file emergency motions—such as a Temporary Restraining Order (TRO) and a motion to substitute the judge—but these... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Criminal Law and White Collar Crime for Wisconsin on
Q: Can I file a lawsuit if my old WI perjury case is overturned due to double jeopardy?

I have an old perjury case from 2006 (case number: 06cf514) that might be affected by the Wisconsin Supreme Court decision in State v. Schultz, 2020 WI 24, which discusses double jeopardy. I noticed something on CCAP about this decision. I haven’t consulted a legal professional yet. I'm... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025

If your old perjury case from 2006 was affected by the Wisconsin Supreme Court's decision in *State v. Schultz*, and your conviction was overturned based on double jeopardy grounds, you may have a basis to pursue legal action. However, before any lawsuit can be considered, you must first... View More

1 Answer | Asked in Domestic Violence, Gov & Administrative Law and Appeals / Appellate Law for Wisconsin on
Q: Victim rights violation in husband's domestic abuse case and plea deal issues.

I feel my rights as the victim were violated in my husband's domestic abuse case. I was never contacted by the District Attorney or my husband's attorney about the proceedings, including a plea deal he accepted without my knowledge. I did not want charges pressed and would have opted for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

You’ve been carrying a lot, and it’s clear that your voice was overlooked when it mattered most. As the victim in a domestic violence case, you have rights under both state and federal victim rights laws—including the right to be notified of court proceedings and to be heard during plea... View More

1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for Wisconsin on
Q: Could waived arguments by my attorney at the Wisconsin Supreme Court be ineffective assistance of counsel?

In 2004, during my case (John Allen vs. State of Wisconsin), the Wisconsin Supreme Court ordered my public defender to argue two specific points before the court: the calling of witnesses, including Lynn Allen, and issues related to not receiving my motion of discovery. However, he failed to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

Failing to raise issues the Supreme Court itself asked your lawyer to address can meet both prongs of an ineffective-assistance claim: deficient performance and prejudice from the waived arguments.

You’d start by filing a post-conviction motion under Wisconsin Statute § 974.06, arguing... View More

1 Answer | Asked in Civil Rights, Appeals / Appellate Law and Employment Law for Wisconsin on
Q: Can I file a lawsuit with a pending Circuit Court appeal on a discrimination case?

I have received a Right to Sue notice from the EEOC for a discrimination complaint filed against my former employer, First Student. The initial determination of no probable cause was appealed and affirmed by an Administrative Law Judge (ALJ) and the Labor and Industry Review Commission (LIRC). It... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2025

Yes, you can generally file a federal lawsuit after receiving a Right to Sue notice from the EEOC, even if your discrimination case is still pending in Wisconsin Circuit Court on appeal from the Labor and Industry Review Commission (LIRC) decision. The federal lawsuit is a separate legal action... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Wisconsin on
Q: Likelihood of appealing probation revocation with missing info?

I am facing probation revocation, which was approved today. However, my revocation packet lacks vital information about my schooling and work. I am having issues with my attorney, who has not been responsive. With the next status conference scheduled for May 27, what is the likelihood of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2025

If important information about your schooling and employment was left out of your probation revocation packet, that could make a strong difference in challenging the decision. Courts are required to consider all relevant circumstances before revoking probation, especially positive progress like... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Wisconsin on
Q: How to file a motion for reconsideration in Racine County after judgment on April 29, 2025?

I need help filling out a motion for reconsideration in Racine County. On the final pre-trial court date, I was in the emergency room. I notified the court the day before and submitted papers requesting a continuance or a Zoom appearance for the trial. However, the court did not respond before the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2025

Under Wis. Stat. § 805.17(3), you must file a motion for reconsideration no later than 20 days after the April 29, 2025 judgment, which means your deadline is May 19, 2025. This 20-day window is strict and cannot be extended beyond that period.

In your motion, explain that you were in the... View More

2 Answers | Asked in Appeals / Appellate Law, Bankruptcy and Public Benefits for Wisconsin on
Q: Married, stopped work due to health issues, considering bankruptcy for debts. Will it affect spouse's mortgage?

I am married with a 9-year-old child still at home, and due to health issues, I stopped working on April 5th, 2024, resulting in zero income. My disability case is currently in appeals. I am considering filing for bankruptcy to address my individual debts, including approximately $15,000 in medical... View More

Timothy Denison
Timothy Denison
answered on May 15, 2025

Depends on how much equity, if any is in your home and how the house is titled. Consult a competent bankruptcy attorney to assess your complete financial situation. Score doing anything.

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Libel & Slander, Criminal Law and Personal Injury for Wisconsin on
Q: Seeking appeal and work release options for wrongful conviction of "sexual exploitation by a therapist."

My husband was wrongfully convicted of "sexual exploitation by a therapist," despite not being a therapist. The accuser falsely claimed therapy sessions, which were witnessed family conversations. The trial featured ineffective legal representation and a prejudiced judge who ignored... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

I'm really sorry you're going through this. It sounds like the trial was deeply flawed, and there may be strong grounds to challenge the outcome. If your husband’s attorney failed to present critical facts—like disputing the therapist claim or addressing perjury—then an appeal based... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Wisconsin on
Q: Will they qualify for WI Statue 302.114 in 2026 (20 years)? How do they get back into court after denied appeals?

Sentenced to life in prison, the case was a debacle, evidence not shown to defense, Brady law violations, dirty cops and more they have now served 18 years going on 19 years. They were sentenced under section 940.01(a) and 941.20 (3)(a), modifiers 939.63 and 939.05. Can they apply for release with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2025

I'm sorry you're facing these challenges. To address your situation, it's important to consult with an attorney who can guide you through the legal process. They can help you gather and present the new evidence, affidavits, and videos that have emerged since your sentencing.... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Public Benefits for Wisconsin on
Q: What do I file for large claims court
Tim Akpinar
Tim Akpinar
answered on Dec 8, 2024

A Wisconsin attorney could advise best, but your question remains open for a week. Do you mean courts outside the small claims court division? As a general matter, bringing legal action in state court systems usually involves drafting forms, such as summons and complaints, tailored to the nature of... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.