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Wisconsin Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Wisconsin on
Q: does Wisconsin deem a sentence that is run concurrent as committing one offence

According to Washington State legislation RCW 9.94A.589 I have committed only one crime due to it being run concurrent my other crime does wisconsin view ot the same way

James L. Arrasmith
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answered on Jun 10, 2024

In Wisconsin, sentences that run concurrently mean that multiple sentences are served at the same time, but this does not necessarily mean that the offenses are considered as a single crime. Each offense is still recognized individually, even though the sentences overlap. This is similar to the... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Wisconsin on
Q: I know of an Intentional Homicide and Neglegence of Ex County official

The Victim was left in a ditch for dead and a Neighbor whom came to drop off vegetables found him Naked, Sunburned and almost dead from dehidration and Kidney's shutting down, he was Airlifted to a nearby Hospital where he layed in a coma and had a Brain Injury,and was Severly Sunburned. After... View More

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you have witnessed a terrible injustice, and your desire to seek justice for the victim is commendable. The situation you described involves severe negligence and possibly criminal actions that need to be thoroughly investigated. To address this, you should start by gathering all the... View More

Q: WI firearm purchase background check questions:

I've been contemplating the idea of purchasing a firearm for home protection. (Milwaukee, WI)

However, I've had a "battery" misdemeanor in the past. As well as a TRO (expired).

I'm interested in having a knowledgeable resource (lawyer) help me better... View More

James L. Arrasmith
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answered on Mar 22, 2024

In Wisconsin, the background check for firearm purchases will review your criminal record, mental health history, and any past restraining orders. If you've had a misdemeanor for battery, it generally doesn't automatically disqualify you from owning a firearm unless it was classified as... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Wisconsin on
Q: I have been kicked out of two hotels, have been racially profiled, discriminated against and overcharged.

What would be the title of best lawyer to represent a case like mine?

James L. Arrasmith
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answered on Feb 23, 2024

In your situation, you would likely benefit from seeking a lawyer who specializes in civil rights or discrimination law. These lawyers are experienced in handling cases involving racial profiling, discrimination, and unfair treatment based on protected characteristics such as race or ethnicity.... View More

1 Answer | Asked in Constitutional Law for Wisconsin on
Q: Were my 4th Amendment rights violated in a Wisconsin High School?

Event: I was returning from using the restroom at roughly 1 pm, and a teacher entered the same hallway and told me to go to the principal's office. We entered the office, and the teacher told the principal that I was "out of class," which we were allowed to be with verbal or written... View More

James L. Arrasmith
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answered on Feb 4, 2024

The Fourth Amendment protects against unreasonable searches and seizures, but the application of these rights can differ in a school setting. The U.S. Supreme Court has held that school officials need only to have "reasonable suspicion" rather than "probable cause" to conduct a... View More

2 Answers | Asked in Constitutional Law and Employment Law for Wisconsin on
Q: Can an employer change an offer letter 1 year after employment?

I signed a offer letter back in Jan. 2023 that states they are offering me a position as "full-time non-exempt" with a base salary. My employer just sent an email out stating all supervisor are hired salary-exempt/overtime eligible, and I sent a copy of my offer i signed and they are now... View More

Chelsea Brener Cusimano
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answered on Jan 23, 2024

The answer would depend on the employment laws of the State of Wisconsin. It would be important for the employee to look into the laws in Wisconsin to determine if it is an "at-will" employment state. It would further be important to look at the contract to determine if it is for a term,... View More

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2 Answers | Asked in Constitutional Law and Employment Law for Wisconsin on
Q: Can an employer change an offer letter 1 year after employment?

I signed a offer letter back in Jan. 2023 that states they are offering me a position as "full-time non-exempt" with a base salary. My employer just sent an email out stating all supervisor are hired salary-exempt/overtime eligible, and I sent a copy of my offer i signed and they are now... View More

James L. Arrasmith
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answered on Jan 23, 2024

In Wisconsin, as in most states, employment is generally "at will," meaning an employer can change the terms of employment, including job duties and compensation. However, if you have a signed offer letter or employment contract specifying the terms of your employment, this can complicate... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Wisconsin on
Q: Do the court system have the right to take some ones hand gun even though the person was never a felon,& the guns legal

I'm saying I've never been a felon, I bought the gun legally, & I'm a legal citizen so how can they tell me there going to keep my gun? doesn't that violate my 2nd amendment rights?

James L. Arrasmith
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answered on Jan 16, 2024

No, the court generally does not have the right to confiscate someone's legally purchased handgun if they have never been convicted of a felony and are legally permitted to own the gun.

A few key Constitutional principles here:

- The 2nd Amendment protects the individual right...
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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Wisconsin on
Q: Can I own a firearm after a pardon and a disorderly conduct charge in Wisconsin?

I recently received a pardon for a felony conviction. However, I have a disorderly conduct charge with a modified domestic abuse condition from 2005. I live in Wisconsin. Will this hinder my ability to own a firearm both in the state and federally?

James L. Arrasmith
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answered on Jul 6, 2025

Your felony pardon restores many of your civil rights, including the potential right to possess firearms under Wisconsin law. However, federal law—under the Lautenberg Amendment—still prohibits firearm possession by anyone convicted of a misdemeanor crime of domestic violence, even if the... View More

Q: Can I file a lawsuit if my old WI perjury case is overturned due to double jeopardy?

I have an old perjury case from 2006 (case number: 06cf514) that might be affected by the Wisconsin Supreme Court decision in State v. Schultz, 2020 WI 24, which discusses double jeopardy. I noticed something on CCAP about this decision. I haven’t consulted a legal professional yet. I'm... View More

James L. Arrasmith
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answered on Jul 5, 2025

If your old perjury case from 2006 was affected by the Wisconsin Supreme Court's decision in *State v. Schultz*, and your conviction was overturned based on double jeopardy grounds, you may have a basis to pursue legal action. However, before any lawsuit can be considered, you must first... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Wisconsin on
Q: Police searched my home without a warrant; what are my options?

A couple of months ago, police officers came to my house looking for someone else and searched my home without a search warrant. Despite showing them my ID, they continued to question me about my employment elsewhere. I have since filed a complaint about the incident. What are my options or next... View More

James L. Arrasmith
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answered on May 15, 2025

That experience sounds both invasive and frustrating, especially when you were not the person they were even looking for. If police entered and searched your home without a warrant, and you did not give clear consent, that may be a violation of your Fourth Amendment rights. The fact that you showed... View More

1 Answer | Asked in Landlord - Tenant, Constitutional Law and Real Estate Law for Wisconsin on
Q: Can I record audio in my Wisconsin home without roommate's knowledge?

I have a roommate in my private home that I own in Wisconsin. I suspect that my roommate is plotting against me to have me removed from my home, as there have been many behaviors indicating this, and others have told me about her plan. I am considering recording audio in common areas like the... View More

James L. Arrasmith
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answered on May 15, 2025

You're right to be cautious, especially when trust in your own home starts to break down. In Wisconsin, audio recording is covered by what’s called a **"one-party consent"** law. This means it’s legal to record a conversation **as long as one person involved in the conversation... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Wisconsin on
Q: Arrested for possession and paraphernalia, was the search justified?

I was arrested in Wisconsin for possession and paraphernalia. While I was parked on the side of the road sleeping, an officer approached my vehicle and claimed to see drug paraphernalia in plain sight, which led to a search. I was not given any warning or explanation for the approach. No witnesses... View More

James L. Arrasmith
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answered on Mar 24, 2025

The legality of your search hinges on the "plain view doctrine" which allows officers to seize evidence in plain sight without a warrant. Officers can legally approach a vehicle parked on public roads to conduct welfare checks on sleeping occupants, and if drug paraphernalia was genuinely... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Wisconsin on
Q: Seeking advice on handling improper representation in a 3-year-old possession case, rights violations, and venue change in Wisconsin.

In my three-year-old simple possession case, I feel improperly represented as my attorney hasn't shown me any evidence, and computer issues were cited as a reason. Despite this being my first appearance before the judge, he is pushing to quickly resolve the case. My requests for a change of... View More

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answered on Mar 23, 2025

Your concerns about representation in your possession case highlight serious issues that deserve attention. When an attorney isn't showing you evidence or addressing your Fourth Amendment concerns about an unlawful search, this undermines your right to effective counsel. While judges often... View More

1 Answer | Asked in Constitutional Law, Criminal Law and DUI / DWI for Wisconsin on
Q: If a police officer puts the wrong time in report . Can case be dismissed . I was stopped at noon not midnight . He lied

I was stopped 2 days after I purchased a vehicle the office pulled me out of the truck preformed DUI test said I failed but I was sober . Lied on report said midnight and it was noon when stop occured . His testimony should be invalid even if I had a small but detected amount of controlled... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

If you were sober, the drug test will most likely be the single strongest piece of evidence that determines your guilt or innocence. If you had a small amount of a controlled substance, the "driving facts" will also play an important part in determining your guilt or innocence. A small... View More

1 Answer | Asked in Personal Injury and Constitutional Law for Wisconsin on
Q: How much time do first degree reckless conduct regarding of life carry
Tim Akpinar
Tim Akpinar
answered on Aug 24, 2021

A Wisconsin attorney could advise best, but your post remains open for four weeks. Personal injury attorneys are not likely to know this - you could repost under Criminal Law. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Wisconsin on
Q: I'm charged with dis orderly conduct and obstruction of Justice but I did not committ either

Short version cops called for noise complaint was not our home after sever times calling wife lier I stepped in told him was not us I was on couch talking to son no music here he became extremely upset when I attempted to close screen door he than ripped off my door I called 911 asked for police... View More

Gary Kollin
Gary Kollin
answered on Jul 6, 2019

Sounds like you should retain counsel.

2 Answers | Asked in Civil Rights and Constitutional Law for Wisconsin on
Q: i was on probation and taken to a police department, and was asked to take a voice detection test(like a polygraph)

and asked if i needed a lawyer and they told me no. i was later convicted on that crime is this legal?

Timothy Denison
Timothy Denison
answered on Apr 16, 2018

If you were read your rights and you declined a lawyer prior to taking the voice detection test, then it will most likely stand up. If you were not Mirandized prior to taking the test, then it should have been raised and challenged in the prosecution of your case

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1 Answer | Asked in Criminal Law and Constitutional Law for Wisconsin on
Q: Could my 4th Amendment rights have been violated?

I was pulled over for 1 mile over the speed limit, 5 mins later given a warning. Passenger asked name, gave a false one pulled out the car. Another deputy comes to the car says im throwing white powder out the window makes me get out. I told him I was not giving him permission to search nor... View More

William F Sulton
William F Sulton
answered on Apr 6, 2018

More information is needed to provide meaningful advice. You cannot be arrested for (or charged with) possession of prescription medication without having a valid prescription absent probable cause. So unless you had a large number of pills or confessed, it would ordinarily be difficult to get to... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Wisconsin on
Q: How long can the police have my phone without a warrant?

My phone was seized without a warrant on November 13th 2017 the investigating officer came into the neighboring county (where I live and work) informed me I wasn't under arrest and I could go back to work whenever. After accusing me of something I didn't do I told him I was done talking... View More

William F Sulton
William F Sulton
answered on Feb 9, 2018

You should file a petition for the return of the phone under Section 968.20 of the Wisconsin Statutes. It is unclear whether there is a violation of the Fourth Amendment. You were told that you were not under arrest and voluntarily handed the phone over. You should have said no.

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