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Wisconsin Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights and Criminal Law for Wisconsin on
Q: Under what circumstances can a police officer require a drug test and can i refuse one in the state of WI
William F Sulton
William F Sulton
answered on Apr 24, 2017

Police officers cannot impose drug tests unless there is a court order.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Wisconsin on
Q: Can the police enter your home looking for someone that is not on your lease with a warrant for them by breaking it in
William F Sulton
William F Sulton
answered on Apr 24, 2017

Your question is more complicated than you probably intended it to be. Police may use and act on false information. The real question is a quality of the false information. You should review the application for the warrant at the circuit court that issued the warrant. The application will show... View More

1 Answer | Asked in Civil Rights and Criminal Law for Wisconsin on
Q: Can I video tape an officer who has stopped me
William F Sulton
William F Sulton
answered on Apr 24, 2017

The short answer is yes.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I was at Walmart with another person who apparently stole something. Now they want me in there store to question and won

Won't give me anymore info what do I do

Thomas Murphy
Thomas Murphy
answered on Mar 2, 2016

It would be in your best interest to consult a criminal defense attorney as soon as possible if you haven't already. Based on the limited facts given, it is difficult to say whether the police want to simply question you as a witness or potentially charge you as a party to a crime. A... View More

2 Answers | Asked in Criminal Law for Wisconsin on
Q: Can a 17 yr old and an 18 yr old who live in Wisconsin legally have sex if they travel to Minnesota?

Because Wisconsin Laws state this would be statutory rape (age of consent is 18) While the age of consent in Minnesota is 16. Do the laws apply to where they live or where they are?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Where they are, but that brings up some more issues, whether the purpose of the travel with a minor can be prosecuted. Here is one of the results from a simple internet search: Regardless of the age of the perpetrator, it is always statutory rape in Minnesota if the victim is under the age of 13.... View More

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1 Answer | Asked in Criminal Law for Wisconsin on
Q: What is a the punishment for using a fake ID to buy alcoholic beverages in Wisconsin?

If the person was 18.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Get a local attorney to investigate all the facts and circumstances and form an opinion as to what the punishment might be after learning what needs to be known. The actual punishment depends upon many, many factors, which include a lot more than you have written here.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: can i move my 19 year old girlfriend from Colorado to Oklahoma without her moms say so? or getting into any legal stuff

i asked my soon to be fiancee (19yo) to move down here with me and she said yes but her mom doesn't like the idea and would not be a happy camper if i took her out of state. Would i be in any legal trouble for moving her down here?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 13, 2015

She is an adult, right? She is able to make her own decisions now.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: How long can detectives investigate someone ?

It seems that this investigation is being conducted by sending out different groups of people , every year.

It has been going on for years....we are being watched and followed ( know where we go).....maybe by radar.

Who would have started this investigation and for what?

Any... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 2, 2015

How can we say who would have started this investigation and for what? We do not know anything at all about it. The thing to do is to go see a private criminal defense attorney for a full discussion.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: is there a legal definition of the word operate in the wis stat in regards to 343.05
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 18, 2015

You can look up that state and all the Wis statutes right here on Justia, or online. Look for a statute section in that chapter which includes definitions. The statutory definition of "operate" is basically to be in physical control of. The case law will interpret the term in its usage... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I would like information on filing an amended sentence, I have a friend incarcerated in federal prison at this time.

I live in Wisconsin but am willing to help him file this, how do I go about doing it?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 22, 2015

Hire a local criminal defense attorney to help him.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I refused to sign my probation extension. Now I have court coming up and would like to know my options.

I was sentenced to 4 yrs paper, signed once to be extended for a balance on my restitution. I still owe restitution so my po wants to extend me again, but I refused to sign. Now I have a hearing and would like to know what to expect, and should I get a lawyer?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 15, 2015

Yes, you should at least speak with a local criminal defense attorney about this.The attorney will be more able to tell you what to expect.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a police officer tell friends of a suspect(no charge) that they are not allowed to speak to each other?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 11, 2015

No facts? In addition, it appears that you are asking if something can happen which has already happened. Yes, it has already happened. It is the wrong question. The right question is about what can be done, and the answer to that depends upon the facts and circumstances, none of which you gave.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can airbags be used to identify dna of driver and driver charged criminally for fleeing scene of vehicle going off road?

A person was driving a vehicle and lost control. The vehicle struck a stationary object and was totaled. The airbags deployed. The owner of the vehicle is not answering questions concerning the accident. The police are threatening to send the deployed airbag to the crime lab to determine the... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 21, 2015

The driver needs to get a criminal defense attorney immediately.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: do I have to fill out a statement to the police if I was not involved in the incident, I just knew the person?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 17, 2015

If the police ask you to fill out a statement, then they must need you to testify about what you do know.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: 16 yr old got ticket for possess marijuana. Was told needed to go to court to pay ticket. Do we need atty?

The ticket was given in a state park. I was told this was a formality, but as the court date approaches I'm concerned that there could be more consequences than just the ticket.

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 21, 2015

Yes. Anyone charged with any crime needs an attorney.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: my boyfriend and I had a huge fight and the police was called he later went to jail probation violation and will he be

He is on probation but i dont want him n jail

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 25, 2015

The question was cut off and otherwise is nearly impossible to answer and there really is not enough facts here or even a question.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If someone enters an open business and takes money but didn't break in is it theft or burglary
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 26, 2015

It could be both. It might be charged as burglary depending upon the requirements of the statute and the facts, but is certainly also a theft.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a police officer legally lie to you?

I am 18 years old and live in Wisconsin. This past weekend I was given a underage drinking citation. A small groups of friends and I were at a house and we heard the police knocking on our door. At first nobody opened the door because we knew they did not have a warrant. But then one cop said that... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 28, 2015

Yes, police officers can lie to you. This happens all the time in various circumstances.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a police officer detain someone under Chapter 51 (mental illness) without reading them their rights?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 2, 2015

Why is this under the criminal law forum. People frequently ask this question and the answer is usually yes in a criminal case context. You did not give the facts, just a question, probably about something that has already happened. The after the fact questions must be accompanied by sufficient... View More

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