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Wisconsin Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Wisconsin on
Q: On sept 27th meg unit came to arrest me on a warrant that day they also found a pipe 1 bowl of weed and 23 percocets i

Recently got a summons in the mail for the pipe and bowl but not the percocets can they seperate those charges and charge me later for the percocets even though their from the same incident?

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

Yes. You need a criminal defense lawyer and you need one, NOW! You can find one here on Justia or in the Yellow Pages. If you can't pay, then you might qualify for the Public Defender so you should call that office in your county.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If a guy who is 19 gets a 17year old pregnant can her parents press charges? What If she refuses to identify him
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

Yes. See:

"948.09? Sexual intercourse with a child age 16 or older. Whoever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor."

It doesn't matter whether the girl...
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1 Answer | Asked in Criminal Law for Wisconsin on
Q: If Im charged with something from last year WI and I have already moved to NY and can't afford to fly what are my option
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

You need to see a good criminal defense attorney in NY. If this is a felony charge you could be extradited to Wisconsin which involvs being forcibly removed from NY.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I need a legal aid lawyer for a criminal case in pierce county wisconsin. i live in Hastings, Mn.
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

You need to call the office of the Wisconsin State Public Defender for Pierce County. The number is 715-836-2006

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a person go to jail if they get a new charge and they are on probation and also out on a deferred judgment?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

Yes. Both a probation revocation and a new criminal case can be prosecuted against the person at the same time.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What happens to people who commit perjury?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

If they are charged with the crime, see §946.31, Wis Stats., and convicted then the maximum sentence in Wisconsin is 6 years in prison and/or a $10,000 fine.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If sentenced under the"Rico"law is there chance to still get a release vs. serving Life?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

This question cannot be answered here based on what you have written. Counsel needs to know all the facts of the case, among other things. This question should be asked of the attorney defending the accused in the case.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What is the process for keeping a disorderly conduct 947.01 off one's record in the State of Wisconsin?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

There is no such process unless the convicted individual was under 25.

See:

"973.015? Special disposition.

(1)?

(a) Subject to par. (b) and except as provided in par. (c), when a person is under the age of 25 at the time of the commission of an offense for which the...
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1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can someone serve jail time for disorderly conduct and obstructing an officer in Wisconsin?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

Of course. It depends on the facts of the case, the skill of the defense attorney, the prior record of the accused, how the prosecutor feels about the case and a dozen other variables.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Do you have to sit jail time in Wisconsin for a PSI report?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

Generally, bond is revoked and the convict is jailed after a plea or a guilty verdict. So, yes, you ordinarily have to stay in jail waiting for the PSI.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a resisting arrest charge be fought after the fine has been paid? Gave older brother's name during underage drinking
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

If the sentence was a fine only and the fine has been paid, then there is no longer any way to contest the charge. If probation was also part of the sentence and probation has not been completed yet, then it may still be possible to attack the conviction. You need to consult with a good,... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Will Wisconsin extradite a fugitive from Louisiana back to Wisconsin?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

This question cannot be answered here from what little you have written. This depends on many variables which cannot be assessed without knowledge of the facts of the case, etc., etc., etc.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a class F felony for possession with intent be dropped to a possession charge following an arrest finding 6.5 lb pot
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

A district attorney can do anything he/she wants with criminal charges, but it seems very unlikely this charge would simply be dropped. If there was a plea bargain, it might be reduced, depending on the facts of the case the prior record of the accused, the skill of the defense attorney and a dozen... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can the police arrest you if you fail a drug test?
Nick Passe
Nick Passe
answered on Apr 2, 2012

If abstinence is a part of supervision (i.e. bond, probation, parole, extended supervision, or house arrest), then having consumed drugs will be seen as a violation of the conditions and you will usually be arrested. If you don't have any form of supervision, testing positive for drugs alone... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I was charged with felony, reduced to misdemeanor then dropped. I live in wi it shows on my bakground, can it b removed/
Nick Passe
Nick Passe
answered on Feb 10, 2012

The court record can not normally be sealed BUT sometimes, if the judge and prosecutor agree it is appropriate, judges do seal the court records. You would definitely want to consult with an attorney about this because the statutes don't provide for what you want and you would essentially be... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Do i need an attorney for a class a misdemeanor
Nick Passe
Nick Passe
answered on Feb 10, 2012

Class A misdemeanors in Wisconsin have a maximum penalty of 9 months jail and a $10,000 fine (plus the damage to reputation and ability to find work that a criminal conviciton entails.) I strongly suggest hiring an attorney to help you with your case.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: CAN YOU RECIEVE PROBATION FOR ROBBERY
Nick Passe
Nick Passe
answered on Feb 10, 2012

Yes, you can receive a probationary sentence for robbery. Robbery is a very serious charge, though and you should hire an attorney if you have not already done so to look at your case and advance your interests. Just because probation is available does not mean that is what you will end up... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: 1 940.23(1)(a) 1st Degree Reckless Injury Felony D how many years will you recieve for this crime?
Nick Passe
Nick Passe
answered on Feb 10, 2012

You could receive a sentence from time served (no additional penalty) all the way up through the statutory maximum penalty for a class D felony (substantial prison plus a large fine and extended supervision). You should consult with an attorney about your situation immediately if you have been... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Is it still shopliftering if you only pass through the first doors with the alarms and not the second set
Nick Passe
Nick Passe
answered on Feb 10, 2012

At best, you are probably only talking about the difference between theft and attempted theft. Either one is going to look pretty bad. You should consult with an attorney about how to protect your interests.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Court order NOT required to comply with requirements, but the corrections dept says yes
Nick Passe
Nick Passe
answered on Feb 10, 2012

Your question is a bit unclear, but generally speaking DOC community supervision agents are free to impose whatever conditions on supervision they deem appropriate.

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