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Wisconsin Criminal Law Questions & Answers
1 Answer | Asked in Domestic Violence and Criminal Law for Wisconsin on
Q: Is it a violation of a RO if threats are sent to a 3rd party, but 3rd person isn’t asked to pass on the threat but does?

I hold a harassment RO against a sibling in WI. The injunction requires them to avoid “causing” anyone from contacting me. Contact was to a mutual family member where they, unprompted, threatened to ruin me financially and lied about my conduct; a repeat of some of the behavior that the court... Read more »

Jane E. Probst
Jane E. Probst answered on Oct 14, 2020

I believe that the Court would find this to be a threat through a third party. You would need to find exceptions to the hearsay rule to have these threats admitted into evidence. The third party receiving the communication would need to testify. A statement by the person It would be considered... Read more »

1 Answer | Asked in Criminal Law and Family Law for Wisconsin on
Q: If he didn't pay the phone bill does that make our agreement void so that I'm able to get my tv back?

My ex and I had an agreement that he'd pay my cell bill since it's in his name if he can keep my tv which I'm still paying on. I only agreed because he changed the locks and wouldn't let me get my stuff unless he could keep the TV. It's a $2500 82 inch smart TV I just... Read more »

Jane E. Probst
Jane E. Probst answered on Aug 18, 2020

Your question is not clear as to whether you are divorced or going through a divorce. If your divorce is not finalized, you can file an Order to Show Cause for a Temporary Order regarding such issues. If you are already divorced, you will need to follow the final Judgment provisions since those... Read more »

3 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for Wisconsin on
Q: I have a DUI homicide case on my record, can I apply as a petitioner to have my fiance come and marry me with a K1 VISA?

I was 17 years old when it happened. My sentence was 5 years prison time 5 years extended suppervision. Im 32 now and its the only blemish on my record.

Kevin L Dixler
Kevin L Dixler answered on Jun 27, 2020

It is likely, but more information is needed, but you should probably work with a competent immigration and visa attorney in case there are discretionary issues that create confusion for you. There may be more than one option.

If the questions are improperly answered, and that is not...
Read more »

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1 Answer | Asked in Criminal Law for Wisconsin on
Q: If I dont except the district attorneys deal can I be charged with bail jumping?
Michael Hayes
Michael Hayes answered on Mar 24, 2020

No. The conditions of bail are not violated by declining to accept an offer made by the District Attorney. You have the right to fight the case, which includes having motion hearings and a jury trial. You have the absolute right to advise the District Attorney that you are rejecting the offer.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I had a misdermeanor dismissed, it showed up on a background check and I failed. How can this happen?
Michael Hayes
Michael Hayes answered on Mar 24, 2020

It’s likely that the employer misread the document or was influenced by the mere fact of the arrest. What you refer to as a background check is a document prepared by the Wisconsin Department of Justice Criminal Information Bureau (CIB) based on fingerprints taken when you were arrested. The fact... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I spank my step child with a belt,and was charge with 948.03(2)(b) . What is the worse that could happen?

My step daughter had been disrespecting her mom,and I finally got tired of it. So I hit her with the belt 3-4 times. But she has been in and out of trouble for the last 2yrs,but the system won't do nothing to her.Now my other ? is,now that she has moved to Oklahoma with her dad. What are my... Read more »

Aaron W Schenk
Aaron W Schenk answered on Jan 7, 2020

This offense would be a class H felony, exposing you to six years in the state prison system and/or a $10,000 fine.

There are also many other consequences to becoming a convicted felon.

I highly recommend that you get an attorney on board as soon as possible.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Wisconsin on
Q: Am I entitled to review a police report prior to my court appearance? How do I obtain it?
Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

They usually won't give it to the client. And there is no way for them to find you and get it to you before your court appearance. The State will give it to your lawyer and he can let you read it.

1 Answer | Asked in Criminal Law and Probate for Wisconsin on
Q: If i am on probation and have a stayed sentence of 6 years. I pick up 3 new charges and my probation officer lifts hold

Am i still able to be revocated upon sentencing for new charges?

Matthew R Meyer
Matthew R Meyer answered on Nov 20, 2019

If you're on probation and you're accused of violating your rules of probation, you can be revoked. Generally probation officers will force you to sit in jail on a probation hold while investigating the allegations against you. If that hold is released, that's certainly a good... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: At 17 I got a class F felony & was charged as an adult in Wisconsin. Now at 32 can I buy a semi automatic pellet rifle?

When I considered buyingt they brought out paperwork that asked all your information & if you're a felon. I know you don't need any paperwork for a pellet handgun

Benjamin T Van Severen
Benjamin T Van Severen answered on Nov 20, 2019

As a felon, you are prohibited from possessing a firearm. "Firearm" means a weapon that acts by force of gunpowder to fire a projectile, regardless of whether it is inoperable due to disassembly. See, State v. Rardon, 185 Wis. 2d 701 (Ct. App. 1994). Therefore, as long as the pellet gun... Read more »

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... 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... 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... 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 »

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