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Wisconsin Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Wisconsin on
Q: I just found out my ex husband was exposing himself to my daughter 10 years ago.

Happened "often" according to my 14 year old daughter. She was around 5 years old

David Patton
David Patton
answered on Apr 3, 2021

Call the police. That is a crime in every state. You should also consider retaining a lawyer to represent you and your daughter. You have rights as victims under Marcy's law. It also sounds like you may need to get any visitation schedule amended. We wish you luck and are thinking of you and... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Does the good time law still apply for wisconsin inmates?
David Patton
David Patton
answered on Apr 3, 2021

In Wisconsin, you can get up to 25% over your jail sentence reduced for good behavior. However if your jail sentence is a condition of your probation (probably with a prison sentence over your head), good time doesn't apply.

Furthermore, in Wisconsin, if your prison sentence was...
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1 Answer | Asked in Criminal Law for Wisconsin on
Q: If drug trafficing charges were dismissed in 2018 can they turn around now and take me to court again?
David Patton
David Patton
answered on Mar 16, 2021

Unfortunately, if it was dismissed without prejudice, they can recharge. That being said, you might be able to use the delay to make hay at the trial.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If a informant say your not who they are looking for but officers proceed with the arrest is that illegal

Does that still give them probable cause?

David Patton
David Patton
answered on Mar 9, 2021

Just like a lawyer, I have to say - it depends. In this case, it depends on what other evidence they have that provides probable cause.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Will it will benefit me to hire a lawyer I currently have a public defender that says she can't give legal advice!

First criminal charges ever- I have 3 disorderly, damage to property and a battery! Re: 2grown adults having an altercation at a storage facility. I don't know what to do, I need advice ASAP. Please & Thank you!

David Patton
David Patton
answered on Mar 9, 2021

Just like any attorney - mileage will vary. If you aren't clicking with your PD or you don't trust them, it's definitely worth hiring an attorney.

1 Answer | Asked in Child Support, Gov & Administrative Law, Identity Theft and Criminal Law for Wisconsin on
Q: State vs ex to court for unpaid support for 3 children. He just stole from her EPPIC card

The State is taking my daughter's ex boyfriend to court for unpaid child support for their 3 young children. He owes > 15K.

Daughter just discovered he stole and used her EPPIC card and spent $600 on Bitcoin. (She filed a police report). He stole her identity 18 months ago, along... View More

Jane E. Probst
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Jane E. Probst
answered on Dec 20, 2020

The matter with the credit card is a civil matter, not a child support matter. These are independent actions. The State has filed an action to require him to pay support and arrears. If he has failed to pay for a sufficient length of time and the Child Support Enforcement has run out of options... View More

2 Answers | Asked in Criminal Law and Immigration Law for Wisconsin on
Q: What can we do to fix all this?

My boyfriend has an Open - Bench warrant issued since 2011, because he didn’t showed up to the court because he signed a paper to get deported, so Ice took him in. On his case record it has his year of birth wrong it says “1991” but he’s from 1993 and he was 17 years old, but since he... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 8, 2020

It is necessary to review your boyfriend's record in order to advise him.

Consult with an experienced immigration attorney.

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1 Answer | Asked in Criminal Law for Wisconsin on
Q: anything legally i can do if i had money i had deposited inherited money into a friend's account and they spent it all

my father gave me $14,000 so i could take care of things i needed to in my life. At this time of my life i couldn't open a bank account because of some decisions i decided to make in the past. So i had the money deposited into a so called "friend's" account that i thought i... View More

Kevin J. Kuhn
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Kevin J. Kuhn
answered on Nov 17, 2020

I am sorry to hear about your loss. It is terrible when someone we believe to be a friend turns around and takes advantage of us. You have a right to sue this person, but you will have trouble proving your case if you don't have anything in writing. If this person was mean enough to take... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Wisconsin on
Q: Is it a violation of a RO if threats are sent to a 3rd party, but 3rd person isn’t asked to pass on the threat but does?

I hold a harassment RO against a sibling in WI. The injunction requires them to avoid “causing” anyone from contacting me. Contact was to a mutual family member where they, unprompted, threatened to ruin me financially and lied about my conduct; a repeat of some of the behavior that the court... View More

Jane E. Probst
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Jane E. Probst
answered on Oct 14, 2020

I believe that the Court would find this to be a threat through a third party. You would need to find exceptions to the hearsay rule to have these threats admitted into evidence. The third party receiving the communication would need to testify. A statement by the person It would be considered... View More

1 Answer | Asked in Criminal Law and Family Law for Wisconsin on
Q: If he didn't pay the phone bill does that make our agreement void so that I'm able to get my tv back?

My ex and I had an agreement that he'd pay my cell bill since it's in his name if he can keep my tv which I'm still paying on. I only agreed because he changed the locks and wouldn't let me get my stuff unless he could keep the TV. It's a $2500 82 inch smart TV I just... View More

Jane E. Probst
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Jane E. Probst
answered on Aug 18, 2020

Your question is not clear as to whether you are divorced or going through a divorce. If your divorce is not finalized, you can file an Order to Show Cause for a Temporary Order regarding such issues. If you are already divorced, you will need to follow the final Judgment provisions since those... View More

3 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for Wisconsin on
Q: I have a DUI homicide case on my record, can I apply as a petitioner to have my fiance come and marry me with a K1 VISA?

I was 17 years old when it happened. My sentence was 5 years prison time 5 years extended suppervision. Im 32 now and its the only blemish on my record.

Kevin L Dixler
Kevin L Dixler
answered on Jun 27, 2020

It is likely, but more information is needed, but you should probably work with a competent immigration and visa attorney in case there are discretionary issues that create confusion for you. There may be more than one option.

If the questions are improperly answered, and that is not...
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1 Answer | Asked in Criminal Law for Wisconsin on
Q: I had a misdermeanor dismissed, it showed up on a background check and I failed. How can this happen?
Michael Hayes
PREMIUM
Michael Hayes
answered on Mar 24, 2020

It’s likely that the employer misread the document or was influenced by the mere fact of the arrest. What you refer to as a background check is a document prepared by the Wisconsin Department of Justice Criminal Information Bureau (CIB) based on fingerprints taken when you were arrested. The fact... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If I dont except the district attorneys deal can I be charged with bail jumping?
Michael Hayes
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Michael Hayes
answered on Mar 24, 2020

No. The conditions of bail are not violated by declining to accept an offer made by the District Attorney. You have the right to fight the case, which includes having motion hearings and a jury trial. You have the absolute right to advise the District Attorney that you are rejecting the offer.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I spank my step child with a belt,and was charge with 948.03(2)(b) . What is the worse that could happen?

My step daughter had been disrespecting her mom,and I finally got tired of it. So I hit her with the belt 3-4 times. But she has been in and out of trouble for the last 2yrs,but the system won't do nothing to her.Now my other ? is,now that she has moved to Oklahoma with her dad. What are my... View More

Aaron W Schenk
Aaron W Schenk
answered on Jan 7, 2020

This offense would be a class H felony, exposing you to six years in the state prison system and/or a $10,000 fine.

There are also many other consequences to becoming a convicted felon.

I highly recommend that you get an attorney on board as soon as possible.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Wisconsin on
Q: Am I entitled to review a police report prior to my court appearance? How do I obtain it?
Mark Ryan Thiessen
Mark Ryan Thiessen
answered on Jan 6, 2020

They usually won't give it to the client. And there is no way for them to find you and get it to you before your court appearance. The State will give it to your lawyer and he can let you read it.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: At 17 I got a class F felony & was charged as an adult in Wisconsin. Now at 32 can I buy a semi automatic pellet rifle?

When I considered buyingt they brought out paperwork that asked all your information & if you're a felon. I know you don't need any paperwork for a pellet handgun

Benjamin T Van Severen
PREMIUM
Benjamin T Van Severen
answered on Nov 20, 2019

As a felon, you are prohibited from possessing a firearm. "Firearm" means a weapon that acts by force of gunpowder to fire a projectile, regardless of whether it is inoperable due to disassembly. See, State v. Rardon, 185 Wis. 2d 701 (Ct. App. 1994). Therefore, as long as the pellet gun... View More

1 Answer | Asked in Criminal Law and Probate for Wisconsin on
Q: If i am on probation and have a stayed sentence of 6 years. I pick up 3 new charges and my probation officer lifts hold

Am i still able to be revocated upon sentencing for new charges?

Matthew R Meyer
Matthew R Meyer
answered on Nov 20, 2019

If you're on probation and you're accused of violating your rules of probation, you can be revoked. Generally probation officers will force you to sit in jail on a probation hold while investigating the allegations against you. If that hold is released, that's certainly a good... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Wisconsin on
Q: Do I need representation for DV initial court appearance, the one within the 72 hours no contact?

My wife hit me and I have a black eye, I pushed her off of me and left the house. She called PD and they issued a warrant for me. She said I punched her and that she didn't hit me at all. Now I'm being charged. Court is tomorrow 10-30-19

Gary Kollin
Gary Kollin
answered on Oct 29, 2019

I you feel you can represent yourself and obtain a reasonable bond, then you can take the chance.

You will eventually need one, so why not start now?

1 Answer | Asked in Criminal Law and Small Claims for Wisconsin on
Q: Can someone be arrested for taking my mail without my permission?
Gary Kollin
Gary Kollin
answered on Oct 22, 2019

contact the postal inspectors

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Will I go to jail for writing bad checks in WI
Gary Kollin
Gary Kollin
answered on Sep 29, 2019

not much info: no history, no number of checks, no amounts

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