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Wisconsin Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Wisconsin on
Q: I am aider in a overdose where I called 911,possession of a controlled was dismissed how am I guilty of bail jumping?

I was on bond where I am the aided person when I called 911.if there are no drug charges what is the underlying charge for the bail jumping?

0 Answers | Asked in Criminal Law for Wisconsin on
Q: i have a misdemeanor warrant that was filed 3 months after the initial investigation. I moved away from WI in april 2000

the initial investigation was in jan 2000 and i was told at the time that if any further questions or that the case was going to become somthing. I would be notified, so from jan 2000 until mid April 2000. I didnt hear anything. I moved to FL in April 2000 and 23 years later I was informed by FL... View More

0 Answers | Asked in Criminal Law for Wisconsin on
Q: Is there any case law regarding drug dogs giving a positive response on a subjects car but the subject himself not in it

A person falls asleep in his car at gas station. And off duty detective pulls up next to his car. Notices him sleeping and gets attention of local policemen who happens to be filling their car up with gas at gas station. They determine that subject is not a need of any medical assistance and call... View More

Q: WI firearm purchase background check questions:

I've been contemplating the idea of purchasing a firearm for home protection. (Milwaukee, WI)

However, I've had a "battery" misdemeanor in the past. As well as a TRO (expired).

I'm interested in having a knowledgeable resource (lawyer) help me better... View More

James L. Arrasmith
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answered on Mar 22, 2024

In Wisconsin, the background check for firearm purchases will review your criminal record, mental health history, and any past restraining orders. If you've had a misdemeanor for battery, it generally doesn't automatically disqualify you from owning a firearm unless it was classified as... View More

1 Answer | Asked in Criminal Law, Personal Injury and Elder Law for Wisconsin on
Q: Can I be held criminally responsible for the fact my mom's prescription expired and wasn't refilled?

My mom recently was moved into a nurs hm to recover from pressure sores. She has been taking 2 meds to handle diabetes. These were refilled as needed by the facility she was living in. When she moved to the nursing home, one of those RXs expired and was not refilled. That happened 2 months ago.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. In general, the short answer is "no," unless there was some kind of formal caretaker relationship established. And it doesn't sound like a situation of abuse or neglect; it sounds like an innocent... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What is process when i turn myself in for arrest warrant? Not a felony charge

Contractor theft less than 1000.00

T. Augustus Claus
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answered on Jan 19, 2024

If you have an arrest warrant for a non-felony charge, such as contractor theft under $1,000 in Wisconsin, the process of turning yourself in typically involves going to the law enforcement agency or the county jail where the warrant was issued. It is advisable to contact an attorney before... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Wisconsin on
Q: Do the court system have the right to take some ones hand gun even though the person was never a felon,& the guns legal

I'm saying I've never been a felon, I bought the gun legally, & I'm a legal citizen so how can they tell me there going to keep my gun? doesn't that violate my 2nd amendment rights?

James L. Arrasmith
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answered on Jan 16, 2024

No, the court generally does not have the right to confiscate someone's legally purchased handgun if they have never been convicted of a felony and are legally permitted to own the gun.

A few key Constitutional principles here:

- The 2nd Amendment protects the individual right...
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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Wisconsin on
Q: if I was supposed to start jury trial on Monday and Friday afternoon 454 pages of discovey appears grounds for dismissal

1st degree reckless homicide case is 4 years old, prosecution cancelled 3 times now, 10 days ago at finAL pretrial the da admitted that they didn't know where the witness lived any more and has failed to subpoena in the last 9 months since the last cancellation. the judge asked if all... View More

James L. Arrasmith
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answered on Jan 6, 2024

The sudden appearance of 454 pages of discovery, especially after the prosecution confirmed no new discovery, can be a significant issue in a criminal trial. In a first-degree reckless homicide case, all relevant evidence is crucial for a fair trial. If you've been requesting these documents... View More

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Q: Convicted of a felony in MN but later after applying, had my gun right restored then later moved to WI.

I was denied a permit to purchase in WI. Am I also banned from possessing a firearm in WI? My MN permit to purchase and conceal is good through 2025 but I'm now a WI resident. My full record is in the MN system. Is there any way to restore my gun rights in WI? I read the only way may be by... View More

James L. Arrasmith
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answered on Jan 1, 2024

Navigating gun rights restoration can be complex, especially when moving between states. In your case, having had your gun rights restored in Minnesota does not automatically grant you those rights in Wisconsin. Each state has its own laws regarding the possession of firearms by individuals with... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Wisconsin on
Q: Can a motion of Limine be in place to gag the defendant? Spoilage of evidence or intimidation of a witness were excluded

Domestic violence case the alleged victim even admitted I didn’t strike her while under oath on the stand. The DA was able to say anything he wanted. But I was held in a motion of limine. I could only ask questions about the argument we had. No other evidence from me the defendant was allowed.

James L. Arrasmith
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answered on Dec 24, 2023

A motion in limine is a legal motion used in court to limit or prevent certain evidence from being presented during the trial. It's typically used to ensure that evidence presented is relevant and not overly prejudicial. In your case, if a motion in limine was granted that restricted your... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Do I have to show up to a court date if never was summoned paperwork but says I was,
T. Augustus Claus
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answered on Dec 8, 2023

In Wisconsin, you are not required to attend a court date if you were never served with official court documents, as the Constitution guarantees your right to due process, which includes proper notification of legal proceedings against you. Without being served, the court lacks personal... View More

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Q: I have a harassment restraining order without firearm restrictions. Order is in effect until may 2025 can I buy a gun?

No other priors

James L. Arrasmith
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answered on Dec 5, 2023

In Wisconsin, whether you can purchase a gun while having a harassment restraining order against you depends on the specific terms of the order. Since your restraining order does not include firearm restrictions, it may not automatically prohibit you from purchasing a firearm. However, it's... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Is it legal for your probation officer to hold a probable cause hearing on charges that have already been dropped?

He was transferred from AL to WI 2 years ago and only has 4 months left on probation. He’s currently being held for this hearing with no new charges.

T. Augustus Claus
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answered on Nov 7, 2023

It would not be legal for a probation officer to hold a probable cause hearing on charges that have already been dropped. This is because a likely cause hearing is typically held to determine whether there is enough evidence to proceed with criminal charges. If the charges have already been... View More

1 Answer | Asked in Criminal Law, Identity Theft and International Law for Wisconsin on
Q: I am being managed by MDM , all my iOS devices and home.TV’s Sono’s Nests , vehicles are stalking us. Using our banking,

Please help me to get this resolved.

James L. Arrasmith
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answered on Oct 26, 2023

If you believe your devices are being managed or monitored without your consent, it's crucial to take immediate steps to protect your privacy. Firstly, disconnect your devices from the internet to halt any unauthorized access temporarily. Report the unauthorized access to local law... View More

1 Answer | Asked in Civil Rights and Criminal Law for Wisconsin on
Q: I have a restraining order against me, I share my location via Iphone with the victim to give her peace of mind. thought

Thoughts?

T. Augustus Claus
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answered on Oct 12, 2023

Sharing your location with the victim would be considered indirect contact, which is typically prohibited by restraining orders. If you are caught violating a restraining order, you could be charged with a crime and face jail time. For personalized legal advice tailored to your unique... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: How do I know if my lawyer is representing me properly?

I am a Minnesota resident but I was arrested in Wisconsin and charged with felony drug possession and 2 misdemeanor marijuana related charges. In exchange for the felony going away my lawyer had me plead no contest. He did not discuss this with me prior to the hearing. I learned what I was... View More

David Patton
David Patton
answered on Aug 23, 2023

If that's what happened, no, it's not normal.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can I retract complaint I made to police in WI (54914)? Damage is less than appeared & will be awkward with neighbor

On July 4 of this year, the neighbors next to us set off several rounds of illegal, very dangerous, fireworks in the street by our residence (mines, cakes, bottle rockets) over a period of 2 hours (2100-2300 hours). Debris was everywhere but I filed a police complaint the following morning (I DID... View More

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answered on Jul 6, 2023

Once a complaint has been made to the police, it is up to the authorities to decide how to proceed with the investigation. It may be possible to request to withdraw or modify the complaint, but ultimately the decision lies with law enforcement and the prosecuting attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for Wisconsin on
Q: in wisconsin can a person sue in civil case for property for money restitution in criminal case
Todd B. Kotler
Todd B. Kotler
answered on Jul 3, 2023

I do not practice law in WI. However, in Ohio this can be done so it is likely also possible in WI. Assuming you are able to pursue the matter to judgment and succeed, you will have an issue of collecting your judgment and not having the defendant declare bankruptcy.

1 Answer | Asked in Constitutional Law, Criminal Law and DUI / DWI for Wisconsin on
Q: If a police officer puts the wrong time in report . Can case be dismissed . I was stopped at noon not midnight . He lied

I was stopped 2 days after I purchased a vehicle the office pulled me out of the truck preformed DUI test said I failed but I was sober . Lied on report said midnight and it was noon when stop occured . His testimony should be invalid even if I had a small but detected amount of controlled... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

If you were sober, the drug test will most likely be the single strongest piece of evidence that determines your guilt or innocence. If you had a small amount of a controlled substance, the "driving facts" will also play an important part in determining your guilt or innocence. A small... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Wisconsin on
Q: I got a lunch detention a couple weeks ago because I took the blame for my friend. He called someone the N-word.

My parents asked what happened. I told them that I took the blame for someone else’s actions. They said they would call the school, and if the principal said something different, I would be “Beat the sh*t out of me with a belt, until my a** was so red, that I couldn’t sit down.”

Todd B. Kotler
Todd B. Kotler
answered on May 12, 2023

You have not really asked a question so I will comment on what i think the implied question is.

If you legitimately are afraid that your parents are going to beat you up that would fall under the category of domestic violence menacing. You should report that to your school counselor....
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