Wisconsin Criminal Law Questions & Answers

Q: If a knock and announce warrant was excuted without announcement is it still valid?

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Mar 18, 2019
Brady R. Henderson's answer
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 with rare exceptions, a failure to knock and announce does not allow a court to throw out evidence seized.

However, there are definitely many circumstances in which a failure to knock and...

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

1 Answer | Asked in Criminal Law, Family Law and Immigration Law for Wisconsin on
Answered on Mar 13, 2019
Deron Edward Smallcomb's answer
It's quite possible it will. You should consult an experienced immigration attorney for assistance with this matter.

Q: I was arrested for owi and possesion of marijuana and controlled substance why aren't charges filed yet

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Mar 3, 2019
Aaron W Schenk's answer
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 stuff. I highly recommend obtaining counsel.

Q: Can a police officer keep people out of their home while they wait for a search warrent?

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Oct 8, 2018
Gary Kollin's answer
Yes. Illinois v. McArthur. US Supreme Court in 2000

Q: Can someone get off running down there mother in Hawaii and pretend its the doctors fault

1 Answer | Asked in Criminal Law and Wrongful Death for Wisconsin on
Answered on Oct 2, 2018
Peter N. Munsing's answer
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.

Q: If someone has suffered major personal setbacks (loss of car, job,power at the house) and was diagnosed with depression

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Sep 23, 2018
T. J. Jesky's answer
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 you fight this charge.

Q: In a criminal case what's a codefendant?

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Sep 7, 2018
Roy Lee Warren's answer
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.

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

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Wisconsin on
Answered on Jun 30, 2018
Gary Kollin's answer
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 anyone including the detective to learn about any portential course of action.

Q: Can a judge deny expungement due to a failed drug test during probation?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Libel & Slander for Wisconsin on
Answered on Apr 19, 2018
William F Sulton Esq.'s answer
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 paperwork from the probation office. Because you were not revoked, I wonder why clerk of court did not expunge the record. It sounds like a mistake on the clerk's part.

Q: Could my 4th Amendment rights have been violated?

1 Answer | Asked in Criminal Law and Constitutional Law for Wisconsin on
Answered on Apr 6, 2018
William F Sulton Esq.'s answer
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 probable cause.

It sounds like you were stopped for the purpose of investigating cocaine possession. Without knowing what the tip precisely said, it is difficult to evaluate whether the police...

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

1 Answer | Asked in Criminal Law, Communications Law and Sexual Harassment for Wisconsin on
Answered on Mar 10, 2018
Stephen Pleck Johnson's answer
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 don't know about emailing. Better course would be change your phone number or account and of course never answering the comments. I would seek some sort of counselor on the best course for you.

Q: Wanting a felony expunged in Wisconsin. Convicted last year at age 32 crime occurred 8 years previously.

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Mar 3, 2018
Stephen Pleck Johnson's answer
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.

Q: If the jail marked "released" in my file, am I still looking at jail time?

1 Answer | Asked in Criminal Law and DUI / DWI for Wisconsin on
Answered on Feb 27, 2018
Stephen Pleck Johnson's answer
You have to do the jail time or use up credit if you were in jail before bailed out. Contact the jailer immediately. Do not assume you have done the time. You can face additional charges if you make a mistake or assumption here. See a lawyer if need be, NOW.

Q: I was told to get my anger management class done and to come back with my ged I was woundering if I actually half to

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Feb 25, 2018
Stephen Pleck Johnson's answer
Not enough information. if you are on probation and those are conditions, you can't get off probation until that is done. There might have been an imposed and stayed jail sentence which could send you to jail for non compliance. See you original attorney or consult one. Bring your conviction status report or judgement of conviction with you. Good Luck.

Q: Can Green Bay, WI charge a person for a crime that happened in another state even after that state dropped charges?

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Feb 13, 2018
Stephen Pleck Johnson's answer
Sometimes a crime will have a nexus in two different states, so the answer is yes. The dropping of the charge in one state is not determinative here. Perhaps the state of Wisconsin was the preferred juirisdiction. Sounds like a federal offense is also possible. Not enough information to speculate more.

Q: Son recently turned 18, charged retail theft over $2000. Can they return stolen items to drop charges?

2 Answers | Asked in Criminal Law for Wisconsin on
Answered on Feb 11, 2018
Stephen Pleck Johnson's answer
Probably not. Might have to plea, but due to his age his attorney should ask at sentencing for the ability to ask for expungement later which might be better than dropping charges, because it then can be wiped off CCAP. Must plead to all charges however and none dropped for it to work.

Q: My husband was summoned to court in WI for prostitution solicitation. What details will be revealed at court?

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Feb 9, 2018
Aaron W Schenk's answer
It will all depend on whether there are motion hearings or a trial in your husband's case. These are "evidentiary" hearings where such things may be put on the record. I strongly suggest that your husband obtain counsel as soon as possible. We would be happy to discuss the matter with him.

Q: Can a probation officer force you to quit a job

1 Answer | Asked in Criminal Law for Wisconsin on
Answered on Feb 7, 2018
Stephen Pleck Johnson's answer
You don't reveal your crime of conviction. The bar may have everything to do with the request to quit. Don't kid yourself. They can revoke you or request alternatives to revocation. Do you work regular hours. How long have you had the job. Not enough information.

Q: A friend of mine did retail theft in the of $1,200 he has a clean record will he get jail time? He’s 19

2 Answers | Asked in Criminal Law and Federal Crimes for Wisconsin on
Answered on Feb 4, 2018
Stephen Pleck Johnson's answer
Yes, but probably not. He should at the minimum, at sentencing, ask for the chance for future expungement.

Q: i was attacked by son at my newly purchased home, he calls cops , i get charged with domestic abuse. Last seen him 2 yrs

1 Answer | Asked in Criminal Law and Domestic Violence for Wisconsin on
Answered on Feb 4, 2018
Stephen Pleck Johnson's answer
I do not see a question. Miranda rights are read so any statement you make can be included in the case. Perhaps your first two answers can be excluded. Is the charge disorderly conduct? I think you should see an attorney and get discovery.

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