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Wisconsin Criminal Law Questions & Answers
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 for Wisconsin on
Q: Is it legal for your probation officer to hold a probable cause hearing on charges that have already been dropped?

He was transferred from AL to WI 2 years ago and only has 4 months left on probation. He’s currently being held for this hearing with no new charges.

T. Augustus Claus
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answered on Nov 7, 2023

It would not be legal for a probation officer to hold a probable cause hearing on charges that have already been dropped. This is because a likely cause hearing is typically held to determine whether there is enough evidence to proceed with criminal charges. If the charges have already been... View More

1 Answer | Asked in Criminal Law, Identity Theft and International Law for Wisconsin on
Q: I am being managed by MDM , all my iOS devices and home.TV’s Sono’s Nests , vehicles are stalking us. Using our banking,

Please help me to get this resolved.

James L. Arrasmith
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answered on Oct 26, 2023

If you believe your devices are being managed or monitored without your consent, it's crucial to take immediate steps to protect your privacy. Firstly, disconnect your devices from the internet to halt any unauthorized access temporarily. Report the unauthorized access to local law... View More

1 Answer | Asked in Civil Rights and Criminal Law for Wisconsin on
Q: I have a restraining order against me, I share my location via Iphone with the victim to give her peace of mind. thought

Thoughts?

T. Augustus Claus
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answered on Oct 12, 2023

Sharing your location with the victim would be considered indirect contact, which is typically prohibited by restraining orders. If you are caught violating a restraining order, you could be charged with a crime and face jail time. For personalized legal advice tailored to your unique... 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 Consumer Law, Criminal Law, Employment Law and Civil Rights for Wisconsin on
Q: We're my rights violated under the Fair Credit Reporting Act (FCRA) and if so do I have any recourse?

I consented to a consumer report background check at my employer when up for promotion. An old active arrest warrant was discovered on the check. The employer did not notify me of the issue directly and instead contacted local law enforcement who then came looking for me. I do not believe the... View More

Bart Kaspero
Bart Kaspero
answered on Apr 3, 2023

The situation you have shared is very concerning and may very well be a violation of employment background check compliance (such as through the Fair Credit Reporting Act) as well as a number of related obligations imposed on employers who order criminal history information reports from third... View More

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 for Wisconsin on
Q: How do I know if my lawyer is representing me properly?

I am a Minnesota resident but I was arrested in Wisconsin and charged with felony drug possession and 2 misdemeanor marijuana related charges. In exchange for the felony going away my lawyer had me plead no contest. He did not discuss this with me prior to the hearing. I learned what I was... View More

David Patton
David Patton
answered on Aug 23, 2023

If that's what happened, no, it's not normal.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can I retract complaint I made to police in WI (54914)? Damage is less than appeared & will be awkward with neighbor

On July 4 of this year, the neighbors next to us set off several rounds of illegal, very dangerous, fireworks in the street by our residence (mines, cakes, bottle rockets) over a period of 2 hours (2100-2300 hours). Debris was everywhere but I filed a police complaint the following morning (I DID... View More

T. Augustus Claus
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answered on Jul 6, 2023

Once a complaint has been made to the police, it is up to the authorities to decide how to proceed with the investigation. It may be possible to request to withdraw or modify the complaint, but ultimately the decision lies with law enforcement and the prosecuting attorney.

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