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Wisconsin Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for Wisconsin on
Q: If Bond conditions state there's a no contact between two people can the person who is not on bond still send messages?

I'm on bond it states that I cannot have contact with a person or their residence, but they continue to message me multiple times a day. Is this legal

Sarah Schmeiser
Sarah Schmeiser answered on Aug 10, 2021

Yes. If you are on bond for a crime and the Court orders you to have no contact with someone you are the one constrained, the other person is not. However, if there is an issue with this contact and you want it to stop, you may be able to take other action such as requesting a restraining order... Read more »

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1 Answer | Asked in Criminal Law for Wisconsin on
Q: I have a criminal defense question.

I sold some ammunition in a private sale to an individual who was over 21 years old. I was contacted by a detective saying that the ammunition that I sold him legally, may have been used in a murder. Ammunition is not subject to background checks in Wisconsin so I did not ask to see a concealed... Read more »

David Patton
David Patton answered on Jun 21, 2021

Most likely you were contacted as a witness. They may be trying to tie the Defendant to the gun by way of the ammo. I am not a civil attorney, but it seems unlikely that you'd face liability assuming you were acting legally when you sold.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: For the purposes of an SBA loan application, is a DUI considered a "criminal offense"?
Sarah Schmeiser
Sarah Schmeiser answered on Jun 9, 2021

A DUI is a criminal offense in all states except for Wisconsin. In Wisconsin a first offense DUI is usually a traffic ticket and not a criminal offense.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Does the good time law still apply for wisconsin inmates?
David Patton
David Patton answered on Apr 3, 2021

In Wisconsin, you can get up to 25% over your jail sentence reduced for good behavior. However if your jail sentence is a condition of your probation (probably with a prison sentence over your head), good time doesn't apply.

Furthermore, in Wisconsin, if your prison sentence was...
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1 Answer | Asked in Criminal Law for Wisconsin on
Q: I just found out my ex husband was exposing himself to my daughter 10 years ago.

Happened "often" according to my 14 year old daughter. She was around 5 years old

David Patton
David Patton answered on Apr 3, 2021

Call the police. That is a crime in every state. You should also consider retaining a lawyer to represent you and your daughter. You have rights as victims under Marcy's law. It also sounds like you may need to get any visitation schedule amended. We wish you luck and are thinking of you and... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If drug trafficing charges were dismissed in 2018 can they turn around now and take me to court again?
David Patton
David Patton answered on Mar 16, 2021

Unfortunately, if it was dismissed without prejudice, they can recharge. That being said, you might be able to use the delay to make hay at the trial.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Will it will benefit me to hire a lawyer I currently have a public defender that says she can't give legal advice!

First criminal charges ever- I have 3 disorderly, damage to property and a battery! Re: 2grown adults having an altercation at a storage facility. I don't know what to do, I need advice ASAP. Please & Thank you!

David Patton
David Patton answered on Mar 9, 2021

Just like any attorney - mileage will vary. If you aren't clicking with your PD or you don't trust them, it's definitely worth hiring an attorney.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If a informant say your not who they are looking for but officers proceed with the arrest is that illegal

Does that still give them probable cause?

David Patton
David Patton answered on Mar 9, 2021

Just like a lawyer, I have to say - it depends. In this case, it depends on what other evidence they have that provides probable cause.

1 Answer | Asked in Child Support, Gov & Administrative Law, Identity Theft and Criminal Law for Wisconsin on
Q: State vs ex to court for unpaid support for 3 children. He just stole from her EPPIC card

The State is taking my daughter's ex boyfriend to court for unpaid child support for their 3 young children. He owes > 15K.

Daughter just discovered he stole and used her EPPIC card and spent $600 on Bitcoin. (She filed a police report). He stole her identity 18 months ago, along... Read more »

Jane E. Probst
Jane E. Probst answered on Dec 20, 2020

The matter with the credit card is a civil matter, not a child support matter. These are independent actions. The State has filed an action to require him to pay support and arrears. If he has failed to pay for a sufficient length of time and the Child Support Enforcement has run out of options... Read more »

2 Answers | Asked in Criminal Law and Immigration Law for Wisconsin on
Q: What can we do to fix all this?

My boyfriend has an Open - Bench warrant issued since 2011, because he didn’t showed up to the court because he signed a paper to get deported, so Ice took him in. On his case record it has his year of birth wrong it says “1991” but he’s from 1993 and he was 17 years old, but since he... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Dec 8, 2020

It is necessary to review your boyfriend's record in order to advise him.

Consult with an experienced immigration attorney.

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1 Answer | Asked in Criminal Law for Wisconsin on
Q: anything legally i can do if i had money i had deposited inherited money into a friend's account and they spent it all

my father gave me $14,000 so i could take care of things i needed to in my life. At this time of my life i couldn't open a bank account because of some decisions i decided to make in the past. So i had the money deposited into a so called "friend's" account that i thought i... Read more »

Kevin J. Kuhn
Kevin J. Kuhn answered on Nov 17, 2020

I am sorry to hear about your loss. It is terrible when someone we believe to be a friend turns around and takes advantage of us. You have a right to sue this person, but you will have trouble proving your case if you don't have anything in writing. If this person was mean enough to take... Read more »

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...
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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 »

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