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Wisconsin Criminal Law Questions & Answers
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.

1 Answer | Asked in Criminal Law and DUI / DWI for Wisconsin on
Q: If the jail marked "released" in my file, am I still looking at jail time?

I was sentanced to a month in jail for an OWI. when I reported to the jail to check myself in, they took my ID and had me fill out paperwork on my health. I turned in the paperwork n waited in the lobby for 2 hours. They never cuffed me, and were closing so I left. I checked the jail roster... Read more »

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Feb 27, 2018

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.

1 Answer | Asked in Criminal Law for Wisconsin on
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

My anger managment class is almost done . do I half to get my ged or do I go to jail if I don't I'm 20 btw

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Feb 25, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can Green Bay, WI charge a person for a crime that happened in another state even after that state dropped charges?
Stephen Pleck Johnson
Stephen Pleck Johnson answered on Feb 13, 2018

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... Read more »

2 Answers | Asked in Criminal Law for Wisconsin on
Q: Son recently turned 18, charged retail theft over $2000. Can they return stolen items to drop charges?
Stephen Pleck Johnson
Stephen Pleck Johnson answered on Feb 11, 2018

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.

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1 Answer | Asked in Criminal Law for Wisconsin on
Q: My husband was summoned to court in WI for prostitution solicitation. What details will be revealed at court?

Will they show conversation texts and pictures/posts that were sent and received to his phone?

Aaron W Schenk
Aaron W Schenk answered on Feb 9, 2018

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.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a probation officer force you to quit a job

I'm a cook at a pizza restaurant that has a bar in it I work in the kitchen none of my violations for probation or my crime had nothing to do with my job

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Feb 7, 2018

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.

2 Answers | Asked in Criminal Law and Federal Crimes for Wisconsin on
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

Correction: class I felony ,$750

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Feb 4, 2018

Yes, but probably not. He should at the minimum, at sentencing, ask for the chance for future expungement.

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1 Answer | Asked in Criminal Law and Domestic Violence for Wisconsin on
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

police come, ask 2 questions then arrest me. they did not ask me my Maranda rights and took me to jail. bail was $850. I am recently divorced and won the house in the divorce & i just recently refinanced it and now only in my name.

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Feb 4, 2018

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.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Juvenile Law for Wisconsin on
Q: My 17 year old was arrested for disorderly conduct in Wisconsin. What rights do I have as a parent in this situation?

He was arrested for disorderly conduct during his high school basketball game after removing his jersey and throwing it at his coach and then yelling and swearing and punching a locker on his way to the locker room. I understand that at 17 the state of Wisconsin considers him an adult for the... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Feb 3, 2018

You do not have rights, as the law defines that term. However, the situation is ridiculous and you should expect the charged to be dismissed.

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1 Answer | Asked in Civil Rights and Criminal Law for Wisconsin on
Q: What kind of lawsuit would harassment, stolen Handgun, stolen car, loss of employment, threats, money owed, medical bil

I was with my girlfriend for 8.5 yrs and she on dec 28th 2017 cheated stole my gun and ring, made threatening and harassing phone calls, stole my car making me lose my job, owed money for moving and new car, and therapy costs. I start my job here in Wiscconsin tomorrow night. What should I do in... Read more »

Emmanuel Muwonge
Emmanuel Muwonge answered on Jan 28, 2018

I am not sure there is any specific type of lawsuit you may commence against your ex girlfriend. If you are trying to recover money for stolen items, you need to make sure that the cost of litigation is not going to outweigh the benefits. Above all, you also must make sure that when and if you... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Wisconsin on
Q: I replied 2 an ad on Craigslist for a younger guy seeking older, set up a meet (didn't), father says I owe him money.

I panicked and deleted everything from my phone and ad is gone now but sure it said 20. Exchanged pics during texting (didn't think underage), roleplay was suggested and agreed to, gave my address, meet never happened. Started to get texts from same number claiming to be father, talked, reason meet... Read more »

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Jan 24, 2018

I wouldn't pay because blackmail never stops. Was the person under 18? Did you know it. You are very fuzzy on that part. Normally you could go to the police about the extortion, but the dad, to protect himself, will probably lie about you. Deleting the emails indicates you knew it was wrong.... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Wisconsin on
Q: My OWI charge hasn’t been filed and my court date is tomorrow. It’s been 5 weeks what could be going on?

I haven’t received a BAC ticket, I took a blood test and breathe test. I was never told my results. Nothing shows up on CCAP and I haven’t received anything about a license suspension from the DMV. This was in Wisconsin and is my 2nd

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Jan 24, 2018

You should get a 30 day notice (you could answer in 10/13 days from date of notice) re the DMV. The BAC ticket will be filed or amended to the OWI criminal complaint. Results will be on the probable cause part of the criminal complaint

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I am out in signature bond from Manitowoc Co. Wi And have a bench warrant for missing court in marinett Co Wi

Will I be arrested today when I report to Manitowoc for fingerprint

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Jan 24, 2018

Good Chance. Depends on how wide a reach the warrant is. Is it statewide or just neighboring counties. I would contact the Marinette court clerk of court to see if you could get a bond hearing date to show up at.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can I turn someone in who has a warrant for their arrest?

Their warrant is out of Racine county however they are staying with their mother in Waukesha county. Which precinct should I contact and how would I go about getting this person off the streets?

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Jan 15, 2018

Racine County Sheriff's Department. I am sure.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Personal Injury for Wisconsin on
Q: hello how far can city police officer follow you till the officer is profiling in a vehicle

stevens point police officers followed me about .5 miles we both stop at a stop light pass through the stop light on to the highway about 5 miles down the road i was pulled over in the right hand lane because i was about to get sandwich on the highway between the cop and a van that pulled on the... Read more »

Emmanuel Muwonge
Emmanuel Muwonge answered on Jan 11, 2018

I believe that the city police officer can follow you within the jurisdiction he works and also call others if and when you are about or he suspects you will elude him or her into another jurisdiction. An officer can follow you for as long as s/he believes a crime is being committed has been... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Animal / Dog Law for Wisconsin on
Q: My neighbor threatened that if " you dont take care of your i cat i will, and you know what that means."

My cat is an outside cat, I live in the country. He said if I don't take it to get neutered, that he will take him to the humane society or get rid of him for me. Cat has been missing for a week?

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Dec 22, 2017

Check with the humane society. Proof of criminal damage to property or abusing animals needs some foundation. The threat is probably, at most disorderly conduct. Proof he did something criminal is next. An at large animal may be in violation of township ordinances. Check with the Clerk. My... Read more »

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