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Wisconsin Criminal Law Questions & Answers
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 »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a police officer keep people out of their home while they wait for a search warrent?
Gary Kollin
Gary Kollin answered on Oct 8, 2018

Yes. Illinois v. McArthur. US Supreme Court in 2000

1 Answer | Asked in Criminal Law and Wrongful Death for Wisconsin on
Q: Can someone get off running down there mother in Hawaii and pretend its the doctors fault

Straub hospital in Hawaii ?

Peter N. Munsing
Peter N. Munsing answered on Oct 2, 2018

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.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If someone has suffered major personal setbacks (loss of car, job,power at the house) and was diagnosed with depression

was prescribed Zoloft and then began exhibiting unusual self-destructive and risky behavior such as shoplifting, could the fact that this drug lists these behaviors as side effects be an adequate defense in a retail theft case?

T. J. Jesky
T. J. Jesky answered on Sep 23, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: In a criminal case what's a codefendant?

Criminal law In Wisconsin

Roy Lee Warren
Roy Lee Warren answered on Sep 7, 2018

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.

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Wisconsin on
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

On anything he raided my home when I was at work didn't find anything but some marajiuana he didn't care about was looking for hard drugs. And that upset him cause he really thought he would find hard drugs. After harrasing me at gas station when I went to get boss energy drink.( Yelling... Read more »

Gary Kollin
Gary Kollin answered on Jun 30, 2018

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...
Read more »

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... 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.

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