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Wisconsin Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Wisconsin on
Q: Hello...I am looking to potentially hire an attorney and my question is this; I am absconding from misdemeanor

Probation and I also have a warrant for a misdemeanor retail theft charge and driving after revocation in Wisconsin..ive moved out of state and do not plan to move back...what I want to ask is if there is any possibility of an attorney talking to the d.a. in the town I used to live and bieng able... View More

Sarah Schmeiser
Sarah Schmeiser
answered on Nov 19, 2024

Because you are on probation it is not just a matter of negotiating an outcome with the prosecutor, as it would be on the new charge. You will have to deal with probation and revocation and a sentence on that in addition to handling the new charge. It is still possible to try to deal with some... View More

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Wisconsin on
Q: Can a public place shame and humiliate you by putting a photo of you up with details and telling people you are banded

I have already been given two citations one for theft one for property damage but never stolen anything.

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about a complex legal situation involving public shaming and potential false accusations. Let me break this down:

1. Public shaming: Generally, it's not legal for a business or public place to publicly shame individuals, especially if the information is...
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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

1 Answer | Asked in Civil Litigation and Criminal Law for Wisconsin on
Q: If new evidence is found in a dismissed case in District Court or Circuit Court what are my options to open it again?

I have a case that was dismissed in the District Court for the Western District of Wisconsin and the Sauk County Circuit Court. A Department of Justice investigation was completed with the same facts and defendants in the dismissed cases but not released to the public. I have not gotten the DOJ... View More

James L. Arrasmith
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answered on May 27, 2024

If you discover new evidence in a dismissed case, you have several options to consider for reopening the case. First, you can file a motion to reconsider or a motion to reopen the case in both the District Court for the Western District of Wisconsin and the Sauk County Circuit Court. In your... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Is it possible to be charged with a felony murder without a felony charge?
Michael I. Leonard
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answered on May 2, 2024

The concept and charge of felony murder is based upon the fact that, in course of committing a felony, there is a murder. States take different approaches in their statutes/laws as to what types of felonies qualify as the underlying predicate felony for a felony murder charge, as well as who is the... View More

1 Answer | Asked in Criminal Law, Personal Injury and Elder Law for Wisconsin on
Q: Can I be held criminally responsible for the fact my mom's prescription expired and wasn't refilled?

My mom recently was moved into a nurs hm to recover from pressure sores. She has been taking 2 meds to handle diabetes. These were refilled as needed by the facility she was living in. When she moved to the nursing home, one of those RXs expired and was not refilled. That happened 2 months ago.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. In general, the short answer is "no," unless there was some kind of formal caretaker relationship established. And it doesn't sound like a situation of abuse or neglect; it sounds like an innocent... 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 Criminal Law for Wisconsin on
Q: What is process when i turn myself in for arrest warrant? Not a felony charge

Contractor theft less than 1000.00

T. Augustus Claus
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answered on Jan 19, 2024

If you have an arrest warrant for a non-felony charge, such as contractor theft under $1,000 in Wisconsin, the process of turning yourself in typically involves going to the law enforcement agency or the county jail where the warrant was issued. It is advisable to contact an attorney before... View More

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, Civil Rights and Legal Malpractice for Wisconsin on
Q: if I was supposed to start jury trial on Monday and Friday afternoon 454 pages of discovey appears grounds for dismissal

1st degree reckless homicide case is 4 years old, prosecution cancelled 3 times now, 10 days ago at finAL pretrial the da admitted that they didn't know where the witness lived any more and has failed to subpoena in the last 9 months since the last cancellation. the judge asked if all... View More

James L. Arrasmith
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answered on Jan 6, 2024

The sudden appearance of 454 pages of discovery, especially after the prosecution confirmed no new discovery, can be a significant issue in a criminal trial. In a first-degree reckless homicide case, all relevant evidence is crucial for a fair trial. If you've been requesting these documents... View More

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Q: Convicted of a felony in MN but later after applying, had my gun right restored then later moved to WI.

I was denied a permit to purchase in WI. Am I also banned from possessing a firearm in WI? My MN permit to purchase and conceal is good through 2025 but I'm now a WI resident. My full record is in the MN system. Is there any way to restore my gun rights in WI? I read the only way may be by... View More

James L. Arrasmith
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answered on Jan 1, 2024

Navigating gun rights restoration can be complex, especially when moving between states. In your case, having had your gun rights restored in Minnesota does not automatically grant you those rights in Wisconsin. Each state has its own laws regarding the possession of firearms by individuals with... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Wisconsin on
Q: Can a motion of Limine be in place to gag the defendant? Spoilage of evidence or intimidation of a witness were excluded

Domestic violence case the alleged victim even admitted I didn’t strike her while under oath on the stand. The DA was able to say anything he wanted. But I was held in a motion of limine. I could only ask questions about the argument we had. No other evidence from me the defendant was allowed.

James L. Arrasmith
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answered on Dec 24, 2023

A motion in limine is a legal motion used in court to limit or prevent certain evidence from being presented during the trial. It's typically used to ensure that evidence presented is relevant and not overly prejudicial. In your case, if a motion in limine was granted that restricted your... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Do I have to show up to a court date if never was summoned paperwork but says I was,
T. Augustus Claus
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answered on Dec 8, 2023

In Wisconsin, you are not required to attend a court date if you were never served with official court documents, as the Constitution guarantees your right to due process, which includes proper notification of legal proceedings against you. Without being served, the court lacks personal... View More

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Q: I have a harassment restraining order without firearm restrictions. Order is in effect until may 2025 can I buy a gun?

No other priors

James L. Arrasmith
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answered on Dec 5, 2023

In Wisconsin, whether you can purchase a gun while having a harassment restraining order against you depends on the specific terms of the order. Since your restraining order does not include firearm restrictions, it may not automatically prohibit you from purchasing a firearm. However, it's... View More

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Wisconsin on
Q: Seeking legal support to make brother-in-law financially assist my sister's schizophrenia treatment in Wisconsin.

I suspect that my brother-in-law poisoned my sister, which has led to her developing schizophrenia. She's currently experiencing severe delusional and manic episodes, believing she's invented various cures for serious diseases. She also runs away from him, and her situation is very... View More

James L. Arrasmith
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answered on May 14, 2025

You're carrying a heavy burden, and it's clear that you're trying to do everything you can to protect and care for your sister. If she is still legally married, her husband may have a legal duty to provide financial support for her medical needs, especially if she is unable to work... View More

1 Answer | Asked in Car Accidents, Criminal Law, Wrongful Death and Personal Injury for Wisconsin on
Q: Minimum sentence for failure to yield causing death in WI?

I was involved in an incident where I failed to yield at a stop sign, which resulted in a fatality. Two months ago, the court case concluded with a penalty of four points on my driving record and a fine of $1,397. However, new charges have now been brought against me. I’d like to know what the... View More

James L. Arrasmith
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answered on May 14, 2025

You're in a difficult and emotional situation, and it’s important to understand the legal weight of what’s unfolding. In Wisconsin, failing to yield resulting in a death may be charged under different statutes, depending on how prosecutors frame the incident. While your original citation... View More

Q: Seeking appeal and work release options for wrongful conviction of "sexual exploitation by a therapist."

My husband was wrongfully convicted of "sexual exploitation by a therapist," despite not being a therapist. The accuser falsely claimed therapy sessions, which were witnessed family conversations. The trial featured ineffective legal representation and a prejudiced judge who ignored... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you're going through this. It sounds like the trial was deeply flawed, and there may be strong grounds to challenge the outcome. If your husband’s attorney failed to present critical facts—like disputing the therapist claim or addressing perjury—then an appeal based... View More

1 Answer | Asked in Criminal Law, Car Accidents and Personal Injury for Wisconsin on
Q: Friend threw a beverage at a car, needs advice on contacting authorities.

My friend threw a beverage at another moving car, but no injuries occurred. He has been told to contact the authorities regarding the incident. He is unsure if there are any charges or allegations against him. What should he say when he contacts the authorities?

James L. Arrasmith
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answered on May 14, 2025

Your friend is in a sensitive situation, and it's important to approach it with care. Even though no one was hurt, throwing something at a moving vehicle can still be taken seriously under the law. Before saying anything, your friend should take a moment to gather their thoughts and remain... View More

1 Answer | Asked in Employment Law, Family Law, Federal Crimes, Military Law and Criminal Law for Wisconsin on
Q: Am I responsible for reporting VA fiduciary funds related to child support?

I am receiving VA funds as a fiduciary for a dependent of a veteran due to unpaid child support. The VA representative informed me that reporting these funds to the child support agency is not required because they belong to my dependent, not me. The VA said they can't discuss VA funds with... View More

James L. Arrasmith
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answered on Apr 27, 2025

As a VA fiduciary receiving funds for a dependent, your primary obligation is to use these funds for the dependent's benefit, specifically for "room and board" as you mentioned. VA regulations state that fiduciaries must use available funds to ensure the beneficiary's needs are... View More

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