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Wisconsin Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Wisconsin on
Q: Do I need representation for DV initial court appearance, the one within the 72 hours no contact?

My wife hit me and I have a black eye, I pushed her off of me and left the house. She called PD and they issued a warrant for me. She said I punched her and that she didn't hit me at all. Now I'm being charged. Court is tomorrow 10-30-19

Gary Kollin
Gary Kollin answered on Oct 29, 2019

I you feel you can represent yourself and obtain a reasonable bond, then you can take the chance.

You will eventually need one, so why not start now?

1 Answer | Asked in Criminal Law and Small Claims for Wisconsin on
Q: Can someone be arrested for taking my mail without my permission?
Gary Kollin
Gary Kollin answered on Oct 22, 2019

contact the postal inspectors

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Will I go to jail for writing bad checks in WI
Gary Kollin
Gary Kollin answered on Sep 29, 2019

not much info: no history, no number of checks, no amounts

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a coworker record you with out consent at work on private property were phones are not prohibited
Gary Kollin
Gary Kollin answered on Sep 6, 2019

Wisconsin is a “one party” wiretap state. It is not necessarily illegal to wiretap or record someone, without their knowledge or consent. Whether that recording can come into evidence is a different issue.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: So I have text messages that will prove that this person was asking people to cash stolen checks. Can I use these text?

My girlfriend is being charged with theft. She supposedly stole a check, she didnt and I have messages from the guy asking me to cash a check. So can I use these in court?

Gary Kollin
Gary Kollin answered on Jul 27, 2019

You can’t represent her. Give them to her attorney

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... Read more »

Gary Kollin
Gary Kollin answered on Jul 6, 2019

Sounds like you should retain counsel.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Good Evening, I was inquiring about possible help from a pro bono Lawyer.

My name is Jamal Gill and I currently reside in Jacksonville, FL. I am unemployed and desperately seeking help to possibly seal/expunge my record. I haven't been able to gain employment mostly due to my background. I have been working as a Customer service agent for 10+ years in Wisconsin, but here... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 23, 2019

You really need to speak with a criminal attorney in private, and the manner in which your post was written suggested you might have been under the impression that you were dealing with a law firm. This is a public forum and it is important for you to be aware of that sooner than later.

Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If a knock and announce warrant was excuted without announcement is it still valid?
Brady R. Henderson
Brady R. Henderson answered on Mar 18, 2019

In practical terms, the failure of officers to "knock and announce" does not usually mean that evidence taken or discovered from serving the warrant can be suppressed or excluded. The US Supreme Court took up this question in a case called Hudson v. Michigan, 547 U.S. 586 (2006), and affirmed that... Read more »

1 Answer | Asked in Criminal Law, Family Law and Immigration Law for Wisconsin on
Q: I have a class a misdemeanor (948.09) does this affect me petition for my fiancé I-130 does this fall into Adams walch

Adams walch act? I am not registered . I did 60 days time , 1 year probation

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 13, 2019

It's quite possible it will. You should consult an experienced immigration attorney for assistance with this matter.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I was arrested for owi and possesion of marijuana and controlled substance why aren't charges filed yet

I am wondering if the search was legal because i was not arrested yet and she went in my pockets without a reason or if I'm like still under investigation are t they gonna raid my house i don't want my children here for that i don't understand i thought charges got filed right away and I'm wi i... Read more »

Aaron W Schenk
Aaron W Schenk answered on Mar 3, 2019

Often, criminal complaints (aka “charges”) are not actually filed until your first scheduled court date.

If it is your first OWI, it is also very possible that all of these offenses might be handled as civil ordinance violations and not criminal charges.

It is pretty complex...
Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a police officer keep people out of their home while they wait for a search warrent?
Gary Kollin
Gary Kollin answered on Oct 8, 2018

Yes. Illinois v. McArthur. US Supreme Court in 2000

1 Answer | Asked in Criminal Law and Wrongful Death for Wisconsin on
Q: Can someone get off running down there mother in Hawaii and pretend its the doctors fault

Straub hospital in Hawaii ?

Peter N. Munsing
Peter N. Munsing answered on Oct 2, 2018

People are found not guilty for many reasons. There aren't enough facts to answer this, and also any answer would be hypothetical because what matters is what the DA thinks they can prove--and what they can't.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If someone has suffered major personal setbacks (loss of car, job,power at the house) and was diagnosed with depression

was prescribed Zoloft and then began exhibiting unusual self-destructive and risky behavior such as shoplifting, could the fact that this drug lists these behaviors as side effects be an adequate defense in a retail theft case?

T. J. Jesky
T. J. Jesky answered on Sep 23, 2018

There are many side effects to Zoloft, and I am believe depression may be one of the side effects. However, shoplifting is a not a side effect Zoloft. It might help provide an explanation; however, it does not negate the shoplifting charge. You should find a local attorney in your area to help... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: In a criminal case what's a codefendant?

Criminal law In Wisconsin

Roy Lee Warren
Roy Lee Warren answered on Sep 7, 2018

A a person that can also be charged for the same criminal episode as the defendant. In other words if two guys steal a car the would be co-defendants.

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Wisconsin on
Q: What can be done about a detective harassing me and my fiance.He's assuming and doing everything he can to get my fian

On anything he raided my home when I was at work didn't find anything but some marajiuana he didn't care about was looking for hard drugs. And that upset him cause he really thought he would find hard drugs. After harrasing me at gas station when I went to get boss energy drink.( Yelling being ruid... Read more »

Gary Kollin
Gary Kollin answered on Jun 30, 2018

He has an attorney. He should be discussing this with his attorney.

If he does not like his attorney's advice, then retain a different one.

There are too many issues and facts to ascertain to provide a perfunctory answer on this site.

Further, it is public and open for...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Libel & Slander for Wisconsin on
Q: Can a judge deny expungement due to a failed drug test during probation?

Class I Felony, Delivery of THC (party to the crime). 18 months probation. I failed 3 drug tests, one of which was my first day meeting with the probation officer, and was never revoked or had a violation hearing. At the time of sentencing I was told that expungement would be available once... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Apr 19, 2018

The law is that you must successfully complete your probation. That differs from whether you were revoked. But given that you were not revoked, I have question about why your case ended up back in front of a judge. Expungement is supposed to happen automatically when the clerk of court receives... Read more »

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... Read more »

William F Sulton Esq.
William F Sulton Esq. 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... Read more »

1 Answer | Asked in Criminal Law, Communications Law and Sexual Harassment for Wisconsin on
Q: There's a guy messaging me saying vulgure things about my fiance ...i asked him to stop and he wouldn't what should I do

He has made many sexual comments to me about my fiance and I'm trying to stay out of trouble and not react wqhat should I do

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Mar 10, 2018

There are many avenues for you to try, most not really requiring a lawyer. You do not want to intensify the situation. You could try getting a harrassment injunction in Wisconsin--see your Clerk of Courts. You could call the police or sheriffs dept. There is a fine for telephone harassment. i... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Wanting a felony expunged in Wisconsin. Convicted last year at age 32 crime occurred 8 years previously.

I'm currently on parole in Colorado and know I can't get it expunged at least until parole period is up. Crime occurred when I was age 23 or 24. Wanting to know about possibility and cost. Thanks.

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Mar 3, 2018

Have to 25 years old or less and judgment of conviction at sentencing references that possibility. Age, and, if not requested at initial sentencing you may be ineligible. Bring more specifics to a Wisconsin attorney. It could work.

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