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Wisconsin Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a person on probation in MN. be transfered to his parents home in Wi for the remainder of his probation?
Nick Passe
Nick Passe
answered on Feb 10, 2012

There is an interstate compact which provides for the transfer of supervision in some cases. The son should consult with his agent about if that is possible for him.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I am a x soldier w ptsd and was falsly imprisoned and severly beaten. help?
Nick Passe
Nick Passe
answered on Feb 10, 2012

You should consult with a civil rights attorney if you were falsely imprisoned and beaten. You should check with the VA about getting yourself any help you need for your mental or physical help.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a police officer order a driver to exit their vehicle and pick up a discarded cigarette?

If there is no indication that the driver has committed any crime other than a municipal code violation for littering, can the officer order the driver out of the car, detain them, and search their vehicle?

Nick Passe
Nick Passe
answered on Feb 10, 2012

Yes. Officers can arrest people for ordinance violations. They normally do not, but the answer is yes, they can.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Is a criminal informants tetimoiny admissible
Nick Passe
Nick Passe
answered on Feb 10, 2012

Generally (there are many exceptions) yes, the informant would be able to testify in court if his/her testimony is relevant and not otherwise prohibited by an evidence rule.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I had a case 2005 for Paraphenalia plea-guilt in WI, and would like get a criminal attorney who can help about withdrawi
Nick Passe
Nick Passe
answered on Feb 10, 2012

Withdrawing a plea after sentencing (especially 7 years after sentencing) would be very difficult to do, but not impossible under the right circumstances. I would be happy to speak with you about your situation if you want to call my office.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: How do u fight extradition
Nick Passe
Nick Passe
answered on Feb 10, 2012

There are only a few ways you can fight extradition. One would be to say "I'm not who you think I am." I saw that once. In 99% of cases extradition is a mere formality. Consult with a criminal defense attorney immediately to discuss how if anything can be done in your case.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Do i have to serve me three years on probation or can i get released early by any chance?
Nick Passe
Nick Passe
answered on Feb 10, 2012

A probation agent can petition a court for early discharge of probation but to the best of my knowledge, no agents (at least in my part of the state) do this. You could reject probation on the grounds that you have completed all the substantive requirements of probation but that would be risky... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What are Serious wi crimes?
Nick Passe
Nick Passe
answered on Feb 10, 2012

The crimes that are "serious" in WI are the crimes that are serious everywhere else.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Would this constitute Class I Felony criminal damage to property and be within the statute of limitations?

I have a neighbor send their contractors onto my property without consent. The contractor was made aware that their was no permission to come onto my property because I had problems before with damage. I finally gave permission to the contractor after he told me he was just going to replace the... View More

Nick Passe
Nick Passe
answered on Feb 10, 2012

If you report this to law enforcement they will probably roll their eyes and tell you this is a civil matter and they are not interested in it. You may very well have a civil cause of action, though. See an attorney familiar with real estate law who has at least some litigation experience about... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: How can I defend myself after being part of a sting operation UAP, is this entrapment?
Nick Passe
Nick Passe
answered on Feb 10, 2012

Entrapment is when law enforcement induces you to do something that you otherwise wouldn't. You should consult with a criminal defense attorney immediately to explore all possible defenses to your case. Defenses are normally very fact-intense.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I'm hoping to be removed from Wisconsins sex offender registry under wisconsin state statue 301.45 (1m) I dont know how
Nick Passe
Nick Passe
answered on Feb 13, 2012

This is a fairly involved process and you will definitely want an attorney to be assisting you if you want any meaningful chance of success. Essentially, you will need to convince the court and the prosecutor to stick their necks out for you. I was successful the one time I tried this but those... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Friend had felony at age 18 now 47. he cannot purchase a gun legally,(WI) can own as many as he wants, sound fishy?
Nick Passe
Nick Passe
answered on Feb 13, 2012

I suspect your friend is misinterpreting the law. He should consult with an attorney about trying to eliminate his lifetime prohibition if he wants to legally buy or possess a firearm or ammunition. He is playing with fire if he possesses firearms as a felon. If he thinks the prohibition... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What happens when the courts file a revokation of a diversion agreement and you dont have a lawyer?
Nick Passe
Nick Passe
answered on Feb 13, 2012

Whether you have a lawyer or not, you will have a revocation hearing and if the diversion is revoked, you will be convicted of the offense and proceed to sentencing. If the diversion is allowed to continue, you will not proceed to sentencing. My advice is to get an attorney as soon as you can.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: When you have probation in more than one case at the same time, do they run at the same time?
Nick Passe
Nick Passe
answered on Feb 13, 2012

Generally the answer is yes, but the judge has it in his power to order the probation run consecutive to any other sentence, I believe. If the judge did not explicitly make it consecutive, it is concurrent.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What is wisconsins rape law and describe what evidence you would have to present to defend againist a charge of rape
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

It is impossible to make any general statement about evidence an accused must present to defend against a charge of rape. The evidence depends on the facts of the individual case. As far as the rape law, you can look that up for yourself at www.legis.state.wi.us/rsb/stats.html

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I know of someone in Wisconsin who did a "fund raising event" claiming it was for our organization and kept the money.

A member did a fundraiser using our name without our knowledge and apparently made $600 and kept it.

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

There is no question here. If your organization wants this member prosecuted for theft, it needs to call the police about it.

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?
Timothy Alan Provis
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... View 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&
Timothy Alan Provis
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: What is the maximum penalty for batter as a repeat offender
Timothy Alan Provis
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...
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