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Wisconsin Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Wisconsin on
Q: What is the likelihood my pending battery and disorderly conduct charge will be dropped?

No prior criminal background of any kind. No evidence of physical violence. "Victim" even states no physical violence took place.

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Sep 11, 2017

Are they State Charges? Disorderly less likely to be dropped.. Battery requires a touching. If Victim says no touching, who does say so? Have the criminal complaint reviewed by an attorney. It will be worth it.

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Q: Privacy law questions

My mom's disabled and lives in government subsidies apartment building and I'm her personal caretaker through the state and is constantly they're taking care of her. Anyways, other tenants reported I'm living they're and she recieved a five day notices. These people... View More

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Sep 9, 2017

This does not appear to be a criminal or civil rights question. Does management know of your presence for care? Make sure your state status and length of visit complies with their rules. Then when a complaint is made by a neighbor they will be told they are wrong and your presence is allowed.... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Wisconsin on
Q: Just got charged with a 4th owi blew a .055 with a .02 restriction is there a way out. Also is my license valid ?
Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Sep 7, 2017

License will probably be revoked by the DMV in 30 days from test notice of over .02 by police if you don't ask for an administrative hearing within 10 or 13 days depending. Was the stop/arrest valid? Was the test accurate? a skilled attorney on these questions can help.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can the underlying/original case in a Bail Jumping matter be Bail Jumping?

My husband is currently jailed for bail jumping for violating bond conditions in a bail jumping file. He was charged with bail jumping when he violated bond conditions for a matter that has been dismissed but the bail jumping remains open pending a Motion to dismiss due to erroneous exercise by the... View More

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Sep 3, 2017

On the limited information here the answer is yes. And it will be a felony or misdemeanor depending on what the original bail jumping charge is (and based therefore on the original crime charged and dismissed.). Conviction depends on satisfying each of the required elements to beyond a reasonable... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Municipal Law for Wisconsin on
Q: I have 2 driving without insurance tickets is there anyway I can get them off my record?

One in 2015 and the other in 2016. I would like them off my record due to the fact they are the only thing stopping me from ubering

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Aug 27, 2017

The following cases remain on CCAP for 5 Years. Traffic Forfeiture Cases (TR)

Non-Traffic Ordinance Violation Cases (FO). Motor vehicle records are a little different and the answere is more complex.. Depends on where Uber is looking. Ask Uber what you can do to assure them that you are...
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1 Answer | Asked in Criminal Law and Family Law for Wisconsin on
Q: My Ex's 17year old son is beating up his 9year old (my son) brother on a regular basis. Could this count as child abuse?

I have made him a counseling apt and was wondering does the counselor have to report this to CPS. I am fine with that happening but my ex is mad.

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Sep 9, 2017

Yes, the 17 year old is an adult for criminal court and the charge could be disorderly conduct, battery, and felony child abuse.

Your suspicions are correct and it should be reported. If not, who is to protect the 9 year old?

1 Answer | Asked in Consumer Law, Products Liability and Criminal Law for Wisconsin on
Q: Question on ordering a 3ft 3in adult love doll.

Greetings,

I have a embarrassing question really. I dont have luck with women and am looking to buy an adult love doll, but I cannot afford a full size one. I have found a smaller one, 3ft 3in that I could manage for price. I just want to make sure I wont be breaking any laws for ordering... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 31, 2017

You raise an interesting question--wether such a doll could be considered kiddie porn. If so possessing it would be unlawful. Maybe talk to a counselor on what your issues are--realistically, most guys want the sizzle without the effort to make themselves attractive, or they expect someone way... View More

1 Answer | Asked in Criminal Law and Employment Law for Wisconsin on
Q: Can a civil suit for intentional tort with an employer turn criminal based on the dollar amount (fraud)?

civil suit is between employer and employee...employee stole money and the employer was granted full judgement of over $94K

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Aug 17, 2017

I can only answer for Wisconsin. Theft is a crime and the amount affects whether it is a misdemeanor or a felony. The answer is yes as the state District Attorney is not a party to the civil suit and can file a Criminal Complaint. The Civil Judgment does not by itself block a criminal... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Wisconsin on
Q: just turend 18 and I'm dating a 16 year old that is about to be 17 in 3 months I've been dating for 1 year is it legal?
Michael Edwards
Michael Edwards
answered on Aug 22, 2017

There is noting wrong with you two dating each other and having physical contact with each other. What you do need to be aware of is that since you are the age of majority (18) and your significant other is still a minor, it is against the law to have any sexual relations with them until they reach... View More

1 Answer | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Wisconsin on
Q: I have bench warrant in 2 counties for missed traffic court dates. Is it possible to resolve this without jail time

The warrants are in Racine and Milwaukee. I was going to go to intake court in Milwaukee and they informed that they would hold me for the warrant in Racine and if I tried to go in for the one in Racine first that they would hold me for the one In Milwaukee. I'm trying to avoid being processed... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2017

IT sounds unlikely that you will walk away from two separate bench warrants without visiting a jail.

Call a GREAT traffic offense lawyer, in WI, for a FREE consultation. Here is one, that I can recommend:

Ms. Tracey Wood, 608-284-1200

Tell her William Head from Atlanta referred you.

1 Answer | Asked in Criminal Law and Family Law for Wisconsin on
Q: Why would a prosecutor offer a psi for a plea
Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Jul 18, 2017

A presentence investigation could reveal facts about the defendant that normally would not get before the judge prior to sentencing. It often will increase fairness in the system, but not always. The defendant may have his/her own psi done by the defenses choice. It really gives the judge more... View More

1 Answer | Asked in Sexual Harassment and Criminal Law for Wisconsin on
Q: What is the age of consent in Wisconsin?

I'm getting conflicting information from different sources. What is the actual law on the books.

V. Jonas Urba
V. Jonas Urba
answered on Jun 22, 2017

A Wisconsin lawyer needs to answer that for you. But from an employment lawyers perspective age is irrelevant. Any type of unwanted or unwelcome conduct if pervasive or severe is illegal. Once a manager or employer knows they have a duty to act so on this forum age is irrelevant for hostile... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What is the legal definition of "possession of a firearm" in Wisconsin?

My wife was recently banned from possessing a firearm under a Chapter 51 mental health commitment. I have a concealed carry permit and a handgun that I regularly carry. I know if it is on my person, I'm considered in possession and she is not, but what about in our home? If the gun is locked... View More

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Jun 20, 2017

941.29  Possession of a firearm.

(1) A person is subject to the requirements and penalties of this section if he or she has been:

(a) Convicted of a felony in this state.

(b) Convicted of a crime elsewhere that would be a felony if committed in this state.

(bm)...
View More

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Q: I was arrested and brought to jail for a warrant I had already been to court and bailed out on! What can I do about it?
William F Sulton
William F Sulton
answered on May 17, 2017

Do you know whether the court cancelled the warrant? That is usually the case, of course. You should check the court file to make sure that the warrant was properly cancelled. If so, the arrest would be clearly unlawful--as opposed to accident because the clerk's office made a mistake. You may... View More

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Q: A police officer at my school asked me for my phone, I gave it to him not I'm trying to get it back how do I get it back
William F Sulton
William F Sulton
answered on Apr 24, 2017

You should file a petition for the return of property with the local circuit court. There is no filing fee for this type of action.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Wisconsin on
Q: Can a police officer hold a charge against you to make you be an informant
William F Sulton
William F Sulton
answered on Apr 24, 2017

Police officers do not charge crimes, prosecuting attorneys do. Police officers do make criminal referrals to prosecuting attorneys. So I assume that is what you mean: the police officer is threatening to make a criminal referral unless you inform. And, yes, a police officer can do that.

1 Answer | Asked in Civil Rights, Juvenile Law and Criminal Law for Wisconsin on
Q: Can you Carry A karambit knife with a 3.5" blade and a 4" handle total of 7.5" long around in WI? Im not 18.
William F Sulton
William F Sulton
answered on Apr 24, 2017

The short answer is yes. But you will need a permit if you want to conceal it. I should add that I am unaware of any current permit procedure for knifes. So you can only openly carry it at present. You also have to avoid certain places, like schools.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What are the laws probation if you refused to sign the conditions your probation agent was trying to impose?

My husband refused to sign his rules, is he still held accountable for those rules even if he didn't sign them?

Ben F Meek III
Ben F Meek III
answered on Jan 27, 2017

I don't know, but I'm guessing he is responsible whether he signs or not. His signature may only mean he's been advised what they are, which the probation officer can attest even if he doesn't sign. I'm also thinking if he doesn't agree with the terms of probation,... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: A hung jury on a murder charge if retried can it include lesser charges?
Paul Stanko
Paul Stanko
answered on Sep 18, 2016

Under the US Constitution, a hung jury does not preclude retrial on all counts. If lesser charges were available in the first trial, and if the statute of limitations (for lesser charges) has not passed, then theoretically the prosecutor could add lesser charges. A state statute or court rule could... View More

1 Answer | Asked in Civil Rights and Criminal Law for Wisconsin on
Q: Can a local police dept. eavesdrop on a citizen's wi-fi signal, eavesdrop and act on the gleaned information ?
William F Sulton
William F Sulton
answered on Apr 24, 2017

The law requires a warrant first.

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