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Wisconsin Criminal Law Questions & Answers
0 Answers | Asked in Divorce, Criminal Law, Business Law and Family Law for Wisconsin on
Q: Is it legal for my husband to transfer money from my individual bank account during separation?

My husband and I are in the process of separating, and recently he took money from my Usbank account, which only has my name on it, and transferred it to our joint Chase account. He is not an authorized user on my Usbank account. I contacted the bank and filed a police report, and was informed that... View More

0 Answers | Asked in Criminal Law, Legal Malpractice and Family Law for Wisconsin on
Q: Friend in jail for probation violation, seeks pro bono lawyer.

My friend is currently in jail for a probation violation. He didn't commit the alleged crime, but his court-appointed lawyer just followed the judge's instruction without considering his evidence. This is the second time in three weeks that he’s been incarcerated—the first time was... View More

1 Answer | Asked in Civil Rights, Criminal Law and Public Benefits for Wisconsin on
Q: Can statements from someone with schizophrenia be used in a DA case?

Can a detective interview someone who has schizophrenia and suffers from a delusional disorder, using what she says to make a case for the DA's office, especially if her mental condition has been confirmed and she receives SSI for it? She was read her rights but was off the deep end, believing... View More

James L. Arrasmith
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answered on Mar 24, 2025

The admissibility of statements from someone with schizophrenia in a district attorney's case depends on several factors, including whether the person was capable of understanding their Miranda rights and the nature of the police questioning. Courts often consider if the individual could... View More

0 Answers | Asked in Criminal Law for Wisconsin on
Q: Is it legal for minors aged 16 and 17 to have a sleepover in Wisconsin with parental consent?

I'm 16, and my girlfriend is 17. We want to have a sleepover with the consent of both our parents in Wisconsin. We are not related. How can we ensure that this is done legally without putting my parents at risk of any legal trouble?

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Wisconsin on
Q: Can my agent pursue further sanctions based on new charges, or am I protected under double jeopardy in Wisconsin?

In Wisconsin, I was arrested for a probation hold due to alleged Criminal Damage to Property, and my agent offered a 60-day condition per my original Judgment of Conviction, which I accepted. However, the state is now opening a formal complaint to charge me with the same criminal damage conduct. My... View More

0 Answers | Asked in Criminal Law and Juvenile Law for Wisconsin on
Q: Legal implications of lie detector test in sexual assault case

In a sexual assault case involving a 15-year-old girl, the accused claims to have passed a lie detector test, but the results are not included in the legal report. Should the lie detector test results be part of the official report, and what are the legal implications of passing such a test in this... View More

0 Answers | Asked in Criminal Law and Landlord - Tenant for Wisconsin on
Q: What should I do if a household member is suspected of drug dealing?

I suspect a member of my household is dealing drugs. I haven't reported them yet because I'm concerned about potential repercussions for myself and the others living here, as we are all innocent. I fear that reporting might unfairly label us as associates and affect our landlord... View More

0 Answers | Asked in Criminal Law for Wisconsin on
Q: Can felony drug possession be reduced to paraphernalia charge in Waukesha County, WI?

I was found with fentanyl filters for IV drug use and a weed cartridge, and I'm being charged with felony drug possession. I have no prior drug charges. This incident occurred in Wisconsin, and the case is in Waukesha County. I would like to know if these circumstances could warrant a... View More

0 Answers | Asked in Criminal Law and Legal Malpractice for Wisconsin on
Q: How to address a 5-year-old felony child abuse charge in Wisconsin with poor legal representation?

I live in Wisconsin and have been dealing with a felony child abuse charge for almost five years. Initially, I paid $3,500 for private legal representation, but the case stalled, and my attorney quit after two and a half years. Since then, I have been assigned a public defender who struggles to... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Wisconsin on
Q: Seeking advice on handling improper representation in a 3-year-old possession case, rights violations, and venue change in Wisconsin.

In my three-year-old simple possession case, I feel improperly represented as my attorney hasn't shown me any evidence, and computer issues were cited as a reason. Despite this being my first appearance before the judge, he is pushing to quickly resolve the case. My requests for a change of... View More

James L. Arrasmith
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answered on Mar 23, 2025

Your concerns about representation in your possession case highlight serious issues that deserve attention. When an attorney isn't showing you evidence or addressing your Fourth Amendment concerns about an unlawful search, this undermines your right to effective counsel. While judges often... View More

0 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Wisconsin on
Q: Can I get back my firearm confiscated in Walworth County after passenger admitted marijuana was his?

I was driving in Walworth County when a passenger in my vehicle was found with marijuana, which he admitted was his. Although I wasn't charged with any firearm-related violations, law enforcement took my registered firearm. There should be body cam evidence supporting my innocence regarding... View More

0 Answers | Asked in Criminal Law for Wisconsin on
Q: Can a former felon be in a house with a legally owned firearm in Wisconsin?

I have a question about a former felon living in Wisconsin. The felony occurred 7 years ago. Can this former felon legally be in a house where a firearm is present if the firearm is legally owned by another resident of the house?

1 Answer | Asked in Criminal Law and Constitutional Law for Wisconsin on
Q: Arrested for possession and paraphernalia, was the search justified?

I was arrested in Wisconsin for possession and paraphernalia. While I was parked on the side of the road sleeping, an officer approached my vehicle and claimed to see drug paraphernalia in plain sight, which led to a search. I was not given any warning or explanation for the approach. No witnesses... View More

James L. Arrasmith
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answered on Mar 24, 2025

The legality of your search hinges on the "plain view doctrine" which allows officers to seize evidence in plain sight without a warrant. Officers can legally approach a vehicle parked on public roads to conduct welfare checks on sleeping occupants, and if drug paraphernalia was genuinely... View More

0 Answers | Asked in Criminal Law for Wisconsin on
Q: Do I disclose expunged felonies on firearm paperwork in Wisconsin?

My felonies were completely expunged 8 years ago in Wisconsin when I turned 18. When I fill out firearm paperwork, do I need to disclose that I've been charged with a felony before, or is that negated because they were fully expunged? There were no conditions or limitations given with the... View More

0 Answers | Asked in Criminal Law for Wisconsin on
Q: How to approach dismissal in a criminal case with inconsistent officer statements?

I am facing a criminal case where I believe I could achieve a dismissal due to inconsistencies in the officers' statements compared to the evidence and witness testimony that supports my version of events. The case is currently in the pre-trial stage, with the first court appearance scheduled... View More

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Q: I am in the state of Wisconsin. I am a 31-year-old female. My partner is a 44 year old female

I was charged with disorderly conduct and a domestic abuse modifier. The report said that I yelled at her and called her a b***h. I did not call her a b***h, nor yell. I was crying in hysterics of sadness with the way she was treating me.She did, however admit that she pushed me and she also Yelled... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. It's important to address these charges seriously to protect your rights. Start by contacting a qualified attorney in Wisconsin who can review the details of your case and guide you through the legal process.

Gather any...
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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
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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 Criminal Law for Wisconsin on
Q: Is President Trump considered a convicted felon even though he has not yet been sentenced?
Norka M. Schell
Norka M. Schell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2024

President-elect is considered a convicted felon, despite not having been sentenced yet. In May, a New York jury found him guilty of 34 counts of falsifying business records, making him the first US president to be convicted of a crime. This conviction stems from his involvement in a hursh money... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Hello...I am looking to potentially hire an attorney and my question is this; I am absconding from misdemeanor

Probation and I also have a warrant for a misdemeanor retail theft charge and driving after revocation in Wisconsin..ive moved out of state and do not plan to move back...what I want to ask is if there is any possibility of an attorney talking to the d.a. in the town I used to live and bieng able... View More

Sarah Schmeiser
Sarah Schmeiser
answered on Nov 19, 2024

Because you are on probation it is not just a matter of negotiating an outcome with the prosecutor, as it would be on the new charge. You will have to deal with probation and revocation and a sentence on that in addition to handling the new charge. It is still possible to try to deal with some... View More

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Wisconsin on
Q: I was convicted white collar crime 943.20 (1)(B)[17]. I remembered that the legislators recently changed the parameters

According to the legislation, if you did a white collar crime of theft without physical harm and you paid your restitution according to the court requirements your charge would be changed from felony to a misdemeanor. The only reason why I need this change to find work and find housing.... View More

James L. Arrasmith
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answered on Aug 31, 2024

You’ve done the hard work by paying your restitution, and it’s understandable that you’re seeking to move forward with your life. The good news is that recent changes in legislation might offer you the opportunity to have your felony reduced to a misdemeanor, which could significantly improve... View More

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